The mining industry can play a key role in addressing the scourge of gender-based violence

In an industry which can reach, and positively impact, large numbers of people through its engagement with direct employees, contractors, stakeholders, and community members, mining companies have a unique ability to drive positive change in the fight against gender-based violence, femicide, and broader safety and security challenges experienced by women, both in and outside of the workplace.

In August 2024, the South African Mine Health and Safety Inspectorate published its guideline on the management of gender-based violence and femicide (GBVF), safety, and security challenges for women in the South African mining industry. This guideline came into effect on November 1, 2024. It requires all mines to implement a mandatory code of practice as per the South African Mine Health and Safety Act, to address the risks associated with GBVF and implement measures to address these issues. Notably, these measures go beyond the boundaries of the workplace and encourage collaboration with state and other non-governmental organizations working to stop GBVF and to help victims and survivors. Importantly, this is not limited to physical GBVF, but to mental health impacts and the more insidious types of violence, such as bullying and harassment in the workplace.

While legally mandated in South Africa with potential enforcement action against the employer if the required actions are not implemented, the minimum expectations set out in the guideline serve as a good baseline document for mining companies operating in other African (and international) jurisdictions. This framework can assist companies achieve their ESG objectives, contribute positively and sustainably to the communities in which they operate, and comply with soft law objectives relating to the provision of safe and violence-free workplaces.

The actions and programs that employers can implement are underpinned by true social sustainability considerations, particularly when the drive to provide and maintain a safe and decent workplace is coupled with initiatives that, for example, strengthen governmental and institutional efforts to investigate GBVF crimes and secure justice for victims and survivors. These measures should also align with domestic laws and the obligations of countries that have ratified the International Labour Organization Convention 190, which notes that members have a responsibility to promote an environment of zero tolerance towards violence and harassment.

Historically, GBVF has been treated as an unfortunate social ill, often unrelated to the employment relationship and outside of the jurisdiction of an employer’s sphere of influence. However, when employers commit to operating in a manner that supports and drives factors such as the overall health and well-being of employees, gender equality, decent work, and economic growth, it becomes more challenging to draw a definitive line around their role in reducing risks faced by employees. In such cases, employers are better positioned to contribute to mitigating and controlling foreseeable harm. By fully embracing the guideline, the mining industry throughout Africa can play a leadership role in the development of social norms and behaviours that protect women, children, and all community members from systemic violence.

A key obligation in the guideline is training and communication. For training and communication to be effective and useful, employers must carefully assess and understand the prevailing cultural norms. This includes working with community leaders and conducting workshops and training sessions within relevant communities and with employees on matters related to combatting GBVF. While employee-focused training relating to sexual harassment and discrimination and company policies is important, it should also cover aspects such as the impact of budgeting on programs and processes, awareness of governmental and social initiatives that can be supported, awareness of support and response programs, and the role that employees and leaders can play in a survivor-focussed response plan.

Clearly communicating the practical and physical steps that will be taken in each workplace is essential. These measures must be informed by a risk assessment specific to each workplace, whether on-site or at corporate offices. Effective communication also requires that programs addressing GBVF receive dedicated attention from senior leadership, including time on executive agendas and reporting. The importance of dealing with GBVF should be reflected in organisational strategic planning, contained in KPIs of leaders and demonstrated in budget allocations for the required actions identified.

Channels of communication and co-operation with existing governmental agencies and non-governmental organisations will be required to ensure these actions have a meaningful, long-term impact on employees, victims, and communities. The South African guideline emphasizes the importance of collaborating with the criminal justice system, monitoring reporting processes, providing support for legal fees, and actively participating in programs that help through the formation of public-public partnerships.

Addressing GBVF must be a fundamental aspect of creating resilient, sustainable, and inclusive mining operations. Achieving this requires a collaborative approach where all stakeholders work together to communicate, educate, and promote prevention and protection efforts. The private sector must support government initiatives, particularly in areas such as investigation and justice processes. Mining companies are well-placed to step in, be involved, and use their existing systems to drive change. 

Kate Collier is a partner, while Mbali Nkosi and Matlhatsi Ntlhoro are senior associates at Webber Wentzel.