Challenges Faced by Women in South African Mining Industry

2023 Women in Mining (WIM) Indaba Organised Labour WiMAC

THE MANAGEMENT OF GBVF, SAFETY AND SECURITY CHALLENGES FOR WOMEN IN THE SOUTH AFRICAN MINING INDUSTRY Gender-based violence and Femicide (GBVF) is a profound and widespread problem in South Africa, impacting on almost every aspect of life. GBVF (which disproportionately affects women and girls) is systemic, and deeply entrenched in institutions, cultures and traditions in South Africa. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE GBVF is a profound and widespread problem in South Africa, impacting on almost every aspect of life. GBVF, disproportionately affects women and girls systemic, and deeply entrenched in institutions, cultures and traditions in our country. SA holds the shameful distinction of being one of the most unsafe places in the world to be a woman - one of the highest rates of intimate partner violence, and data from Statistics SA show that rape and sexual violence have become endemic. It affects us all, every sphere of society: young and old, black or white, rich and poor, rural or urban. - is 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE In 2019, government established an interim steering committee on GBVF to develop a monitoring Immediate response to the GBV and Femicide crisis facing South Africa . The monitoring framework National Strategic Plan (NSP) was completed and released on the 21st of September 2019. The framework highlights a number of interventions by the government for adoption and implementation by various stakeholders within the government, the public and private sectors of South Africa such as the SAMI. framework on the 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE In 2013, SAMI, mandated research on Safety and Security challenges impacting on Women in the SAMI. Qualitative findings showed harassment and discrimination experienced by women in mining are indeed barriers to women's effective integration in the sector. This study shows that: Violence and sexual harassment is a recurrent problem for and a threat to the health, safety and security of female workers in the industry. that the negative attitudes, 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE It was found: Policies and procedures for managing violence and sexual harassment were either non-existent or where they existed were obsolete and ineffective. Physical violence and sexual harassment at work, particularly in the mines should be recognised as a serious prevalent problem - it requires specific regulatory interventions 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE The study on Safety and Security Challenges Impacting on Women in the SAMI (SIM 130903) advise robust multi-faceted preventive measures to ensure the effective prevention and management of workplace violence & sexual harassment. Prevention strategies should include a combination of workplace policies and procedures based on a sound legislative, regulatory and enforcement framework combined with gender-sensitive mining policies and best practices including to: emphasise prevention by adopting proactive interventions that include raising awareness and training programmes with participation of men. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE In an effort to adopt and implement strategies to address the abovementioned challenges in the SAMI, WIMAC identified a number of interventions in urgent response to the crisis of GBVF, safety and security challenges facing women in the SAMI and surrounding communities. This includes the implementation of the National Strategic Plan on GBVF in the mining sector and reporting thereon by introducing the GBVF Guideline. This guideline seeks to operationalise the NSP on GBVF and should be read in conjunction with the original NSP on GBVF and Annexure 1 (Adapted NSP on GBVF for the SAMI). 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE LEGAL PRACTICE Section 9(2) of the MHSA obliges an employer to prepare and implement a MANDATORY CODE OF PRACTICE (COP) on any matter affecting the health or safety of employees and other persons who may be directly affected by activities at the mines if the CIM requires it. These COPs must comply with any relevant guideline issued by the Chief Inspector of Mines (section 9(3)). Failure by the employer to prepare or implement a COP in compliance with this guideline is a breach of the MHSA. STATUS OF GUIDELINES AND CODES OF 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE RISK MANAGEMENT (Paragraph 7) Section 11 of the MHSA requires the employer to identify hazards, assess the health and safety risks to which employees may be exposed while they are at work, record the significant hazards identified and risk assessed. COP must describe how the significant risks identified in the RA will must be addressed, as directed by ss 11(2) & (3) by: reasonably practicable, first and fore-most eliminate the risk, hereafter to control the risk at source, thereafter to minimise the risk and thereafter, insofar as the risk remains, to institute a program to monitor the risk. as far as 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE TITLE: THE MANAGEMENT OF GBVF, SAFETY AND SECURITY CHALLENGES FOR WOMEN IN THE SOUTH AFRICAN MINING INDUSTRY The Objective of the Guideline: is to provide guidance to the employer at every mine to compile a mandatory COP which would assist employers in addressing GBVF, Safety and Security issues for women in the mining industry. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE ASPECTS TO BE ADDRESSED IN THE COP The COP must set out how the significant risks in relation to GBVF, Safety and Security for WIM are identified and addressed in terms of the risk assessment process referred to in paragraph 7 above. The COP must cover at least the aspects set out below to ensure that GBVF, Safety and Security challenges are fully managed and eradicated in the SAMI. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.1 Employers shall commit to ensure Zero tolerance to GBVF in the Workplace 8.1.1.1 The employer shall take ownership and accountability for the implementation and reporting on the NSP Framework on GBVF, focusing on the following pillars/areas: Pillar 1 - Accountability, Coordination and Leadership Pillar 2 - Prevention and Rebuilding Social Cohesion Pillar 3 - Protection, Safety and Justice Pillar 4 - Response, Care, Support and Healing Pillar 5 - Economic Power Pillar 6 - Research and Information Systems Pillar 7 - 16 days of no violence against women and children. Employer 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.1.2 policies/strategies/implementation plans to address the following areas: a) Sexual Harassment. b) Gender discrimination (including exclusion from certain positions of economic and financial significance). c) Gender based violence and Femicide (including emotional abuse, bullying, physical abuse). Development and operationalisation of GBVF related 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.1.3 Organisational Reporting on GBVF using Annexure 3 on the following areas: a) Development and Implementation of GBVF policies (Each mine must have a Sexual Harassment policy which must be displayed on notice boards). b) Development and Implementation of GBVF plans. c) Establishment of GBVF disaggregated data base. d) Collaboration with the Criminal Justice system to ensure victims have access to those services e) Observance of 16 days of no violence against women and children. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.1.4 Establishment of GBVF management structures and systems a) Gender Focal Persons who deals with GBVF issues e.g. Sexual Harassment Ambassadors. (this can include the person dealing with GRPBMEA issues) b) Relevant employee health and wellness services. c) Gender evaluation committee (Women in Mining Forum may serve in this capacity). 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE d) Provision of properly illuminated ablution facilities, lockable from the inside (including change rooms) that are specific for women in mining in all working areas, including SHE bins e) On site GBVF (including sexual Harassment) reporting systems with the provision for anonymity and further investigation of incidents f) Make use of best practice such as the Buddy Buddy system and the use of mobile radios to increase the security of women in mining. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE g) 90% of permitted capacity in loading and transporting workers in and out of conveyances on shafts (honouring infection control measures in case of health pandemics). h) Employers must implement financial wellbeing/ wellness programme for employees. i) Establish support groups to assist WiM on the wellness challenges they face. j) Workplace accommodation of women on disclosure of pregnancy should include income security and meaningful engagement to ensure optimal use of their skills and expertise. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.1.5 Collaborate with community structures to create GBVF free environment, provide for victims safety, economic empowerment and accommodation (separate the victims from the perpetrators at the workplace, refer to a shelter in the community) and to ensure GBVF free workplace. 8.1.1.6 Address the drivers of the GBVF incidents encountered (refer to pillar 5 of the NSP). 8.1.1.7 Address Safety and Security issues pertaining to WiM. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.2 Managers and Supervisors Managers/Supervisors are responsible for familiarising themselves with policies and procedures pertaining to GBVF management and: 8.1.2.1 ensuring that the safety and security of women is upheld in the mine (Buddy- Buddy system). 8.1.2.2. participate in GBVF management training and implementation thereof. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.2.3 adhere to policy and processes to manage GBVF in the workplace. 8.1.2.4 annual reporting of progress made in the management of GBVF and implementation of existing policies and plans 8.1.2.5 refer victims of GBV to the employee health and wellness programme including mental wellness issues and support systems/centres outside the workplace. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.2.6 the victim and perpetrator should be separated at the workplace. 8.1.2.7 ensure that systems to address the safety and security of women in mining are in place and periodically reviewed or assessed including monitoring and reporting of progress. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.3 WIM Structures WIM Structures are responsible for promoting and monitoring the effectiveness of any safe system of work provided for WIM. In particular, they must: 8.1.3.1 monitor the development and establishment of GBVF management systems and tools e.g. establishment of a hotline system for reporting purposes, development and implementation (progress) of the NSP framework, 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.3.2 ensuring that employee health and wellness caters for WIM specific focus areas e.g. GBVF. 8.1.3.3 ensuring that Safety and security of women are upheld on the mine (Buddy- Buddy system). 8.1.3.4 ensuring that GBVF management training and implementation thereof occurs. 8.1.3.5 participate in development and monitoring adherence to policy and processes to manage GBVF in the workplace. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.3.6 encourage incident reporting internally (WIM Committee) and externally (SAPS, Gender response Team) where they have witnessed GBVF. 8.1.3.7 ensuring that reporting on progress made in the implementation of the GBVF plans/programme is done. 8.1.3.8 participate in the initiatives to ensure that safety and security measures for women in mining are established. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.1.4 WIM Employees (Women affected by GBVF) 8.1.4.1 encourage one another to report incidents of GBVF at all available platforms. 8.1.4.2 consulting a relevant practitioner on employee s health and wellness issues. 8.1.4.3 utilizing relevant referral services for optimal benefits in addressing the effects of GBVF. 8.1.4.4 Optimizing the opportunities to address their safety and security and reporting any challenges in that respect. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.2 Policies and procedures on GBVF Management. The COP should set out measures to ensure that policies and procedures to manage GBVF are developed, implemented, monitored and reported on, which measures should include: 8.2.1 Identifying priority areas for policy development or review in relation to GBVF management at the workplace; 8.2.2 Displaying the developed Sexual Harassment policies and procedures on notice boards; 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.2.3 Benchmarking with best practices and review dates indicated on the policies and procedures. 8.2.4 Development of systems to monitor and evaluate policies and procedures in order to assess the impact thereof and improve GBVF management at the workplace; 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.3 Training Training shall be aimed at Strengthening and delivering capacity in the SAMI to roll out effective prevention and management programmes for GBVF, safety and security issues. All training must be documented. 8.3.1 The COP must set out measures to ensure that all employees are properly trained according to the Mine Health and Safety Act on WIM matters; 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.3.2 This training shall also include the following focus areas: 8.3.2.1 Gender Mainstreaming for managers. (Including governance issues, gender responsive budgeting, national and sector specific focus areas) 8.3.2.2 GBVF including Sexual harassment. This should also be a standing item on mine induction programmes including proper use of existing reporting systems). 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE 8.3.2.3. Survivor focused response, care and support programmes at the workplace for employees who are victims of GBVF. These programmes shall be extended to employees who decide to leave the company as a result of a GBVF encounter. Employers are encouraged to participate in and collaborate with surrounding communities in multi-sectoral programmes to address GBVF in line with the NSP. These programmes shall facilitate recovery, healing and economic empowerment. 8.3.2.4 Ensuring that GBVF management is included in refresher training as contemplated in section 10 (3) of the MHSA. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE In conclusion, we had a look at the: Background, history, necessity and legal status of the Guideline Aspects to be addressed in the COP; The responsibilities of Employers - the 7 Pillars, Policies, Reporting, GBVF Management Structures & Systems, Community structures; The roles and responsibilities of Managers and Supervisors, WiM Structures, Women affected by GBVF; and Training on GBVF. 25 years in Pursuit of Zero Harm

GENDER BASE VIOLENCE AND FEMICIDE Thank you! 25 years in Pursuit of Zero Harm