Women, mining and the law

Abstract

At a recent colloquium of the University of Cape Town's Mineral Law in Africa's initiative1 the position of gender and mining were discussed. The discussion raised many issues pertaining to women's position in relation to mining in Africa. Tapiero ("Women Mine the Risks Men the Benefits" 2010 2 Inside Mining 12?15) states that "worldwide between 80 and 100 million people are directly and indirectly dependent on non-industrial forms of mining for their livelihoods. Of these, an estimated 30% are women." The same author then indicates that mining carries risks for women as mining may result in a poor distribution of the mining benefits between men and women; it may lead to social disruption, including matters such as domestic violence, loss of agricultural land and environmental damage and pollution. When decisions are made with regard to mining projects, women are not always consulted and they do not have, due to cultural or religious reasons, a say in decision-making, either with regard to employment, or the placing of a mine. There may also be other legal or cultural constraints impacting on the effects that mining may have on women. The author, however, also indicates that "a growing body of evidence indicates that the increasing women's economic opportunities lead to a higher rate of family savings, greater spending on family nutrition, health and girls' education and declining household poverty" (Tapiero 2010 2 Inside Mining 13).