Mining sector employers are targeted as key stakeholders in addressing gender-based violence and femicide (GBVF) in South Africa. A
guidance note from the Department of Mineral Resources and Energy (DMRE) imposes annual reporting obligations (among others) on employers to take strides against GBVF in the workplace and surrounding communities.
GBVF has been identified as a national crisis in South Africa considering the rampant incidence of intimate partner violence and sexual harassment in the country. A damning claim to fame in great need of redress. The International Day for the Elimination of Violence Against Women falls on 25 November 2024 and commences the period of 16 Days of Activism Against Gender-based Violence. This global movement seeks to raise awareness around the need to end violence against women and girls. The recently published guidance note for the management of GBVF, safety and security for women in the South African mining industry (GBVF guidance note) will coincide with these important awareness-raising initiatives, becoming effective on 1 November 2024.
The GBVF guidance note aptly observes that the systemic roots of GBVF are linked to entrenched patriarchal power structures that allow for the perpetuation of violence against women. This problem affects women across all demographics, impacting their safety, security, and ability to participate in society and the workforce.
How the guidance note affects employers in the mining industry
Several key interventions have been identified that stakeholders, including employers in the mining industry, must undertake to combat GBVF. Among these are the development and implementation of workplace policies aimed at eliminating sexual harassment and violence in the workplace. Mines are required to adopt proactive measures, such as training programmes and awareness initiatives, which include the participation of men as allies in the effort to rebuild social cohesion and prevent violence.
The recommendations emphasise a multi-level preventive approach, including the implementation of clear reporting systems, and structural improvements like better safety provisions in workplace facilities. Some of these requirements include properly illuminated ablution facilities that are lockable from the inside, a requirement that is repeated in the Guideline for a Mandatory Code of Practice (COP) for the Selection and Provision of Personal Protective Equipment (PPE) for Women in the South African Mining Industry published on 28 July 2023.
The GBVF guidance note provides a clear framework for the responsibilities of employers, starting with the need for a zero-tolerance approach toward GBVF. Employers are also tasked with setting up dedicated GBVF management structures and programmes that address the root causes of such violence and protect female workers.
To enable meaningful progress and monitoring of that progress, the GBVF guidance note mandates the establishment of a disaggregated database of gender-based violence cases reported and/or resolved in the workplace, with a view to having such a database audited on a routine basis.
Lastly, the note emphasises compliance and accountability measures, with the expectation that all mines submit implementation plans and annual reports on GBVF, ensuring that the mining industry remains proactive and engaged in addressing this critical issue. Training on gender mainstreaming, survivor support, and GBVF prevention is also mandatory, and efforts must extend beyond the workplace to include surrounding communities.
Historically, GBV and femicide were treated as unfortunate social ills that are unrelated to the employment relationship and are outside of the jurisdiction of an employers' sphere of influence. Such a stance is, however, quickly becoming unacceptable. Employers in the mining sector are set to lead the change in rebuilding a social fabric that is safer for women from within the workplace and into their communities.
