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Illegal Mining: Delicate Balance Between Ensuring Justice and Upholding Human Rights

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Protesters chant slogans and carry placards during a protest demanding government action on illegal gold mining in Accra, Ghana on October 3, 2024. Given big businesses’ complicity in perpetuating illegal mining, they should not be allowed to evade responsibility. These corporations are central to global supply chains that depend on minerals sourced from illicit operations, says the writer. Picture: Nipah Dennis / AFP

Reneva Fourie

The situation surrounding the government’s handling of thousands of illegal miners trapped in a disused mineshaft in the North West province without food and water has sparked heated debate among South Africans. While there is consensus on the need for a firm response to crime, the critical question remains: at what point does that response cross the line into a violation of human rights? The nation is grappling with this complex dilemma as opinions diverge.

Many South Africans back Minister Khumbudzo Ntshavheni, who, during a briefing on the Cabinet’s outcomes, stated, ‘We are not sending help to criminals. We are going to smoke them out.’ President Ramaphosa echoed this sentiment, emphasising, ‘We need to be clear that the activities of these miners are illegal. They risk our economy, communities and personal safety.’ Herman Mashaba from ActionSA argues that living in a constitutional democracy doesn’t equate to chaos. He believes that both the Minister and law enforcement agencies deserve support. Meanwhile, social media footage showing the illegal miners partying, seemingly unbothered by the law, stokes the flames of public concern.

The Pretoria High Court has stepped in to support the miners by ordering the police to unblock the shaft, ensuring that food and water can reach those in need. This decision comes alongside appeals from various trade unions and non-governmental organisations for a more humane approach. Their positions underline the need to understand the systemic factors contributing to illegal mining without endorsing criminal activities.

Illegal mining is a critical global issue. This practice, which involves extracting minerals without the necessary government permits or in violation of laws, often takes advantage of marginalised communities, damages ecosystems and fuels corruption and violence. Illegal miners often work in hazardous conditions, lacking access to fundamental labour rights, safety equipment or fair wages. In addition to labour violations, illegal mining is frequently connected to land grabs, human trafficking and environmental crimes.

The roots of illegal mining lie in poverty, unemployment and weak governance. For many living in resource-rich yet impoverished areas, it serves as a desperate means of survival. Organised crime networks capitalise on lax regulations and corruption to make a profit. Furthermore, the lack of transparency in the global mineral supply chain allows illegally obtained minerals to seep into legitimate markets.

Illegal mining is more than just a criminal activity; it reflects deeper issues within our global economic system, where nature and human labour are commodified and valued solely for their profit potential. Minerals and resources play a crucial role in industries, technology and consumer goods, and illegal mining represents a modern form of primitive accumulation. Workers often find themselves in hazardous conditions that exceed legal protections, all in the quest for resources that primarily benefit powerful corporations.

Given South Africa’s history with an exploitative mineral industrial complex, this situation highlights the intricate links between class, race and gender injustices woven throughout our economy. Understanding these intersections and their historical context is essential for grasping the full effects of systemic oppression.

While societal anger toward criminal activities is understandable and warranted, a securocrat approach may not be the best way to address illegal mining. Labelling illegal mining solely as a criminal act and mobilising security forces against miners focuses on the workers rather than the influential networks that underpin and profit from such activities. This approach allows the state to safeguard business interests while penalising the survival tactics of the disadvantaged.

Given that illegal mining is not merely a criminal activity but a structural consequence of our economic system, we need to undertake an approach that prioritises social needs and ecological sustainability over profit. The government should consider formalising artisanal and small-scale mining (ASM) and integrating it into the broader economy. Establishing robust legal frameworks that uphold human rights principles and labour and environmental protections will contribute to the better regulation of these activities. This approach would ensure fair compensation and labour rights for workers in the mining sector. It will also enable better containment of opportunistic criminal activities associated with illegal mining.

Additionally, offering microfinance programmes and technical training can assist miners in transitioning to legal operations. Investing in community development initiatives, such as education, healthcare and infrastructure, could also help reduce reliance on illegal mining. In Ghana, the government’s Multilateral Mining Integration Project aims to empower small-scale miners by enhancing their access to finance and resources while minimising environmental impact.

Given big businesses’ complicity in perpetuating illegal mining, they should not be allowed to evade responsibility. These corporations are central to global supply chains that depend on minerals sourced from illicit operations. It is imperative that the government enforces strict compliance with ethical sourcing standards.

Companies must be compelled to demonstrate adherence to these standards and publicly disclose the origin of their raw materials. Blockchain technology is essential for tracking minerals from extraction to end use, ensuring transparency and verifiability throughout the supply chain. Public awareness campaigns are critical to educating consumers about the human and environmental costs of illegal mining, empowering them to support companies that prioritise ethical sourcing.

The crisis surrounding the illegal miners trapped in the North West province highlights a broader issue that transcends mere criminality. It underscores the urgent need to address the underlying economic structures facilitating exploitation. While South Africa grapples with the delicate balance between ensuring justice and upholding human rights, it is crucial to recognise that accountability should extend beyond the individuals involved in illegal mining to include the larger corporate entities that benefit from this system. By fostering a collaborative approach between governments, civil society and the private sector, we can advocate for stringent laws, transparent supply chains and community empowerment. Such efforts will combat illegal mining and promote ethical practices that prioritise sustainability and respect for human dignity. Ultimately, we must harness this moment to push for systemic change that ensures a fair and equitable approach to resource management.

* Dr Reneva Fourie is a policy analyst specialising in governance, development and security.

** The views expressed in this article do not necessarily reflect the views of The African.