A step in the right direction: Mining sector required to develop a GBVF implementation plan

On 2 August 2024, a Guidance Note for the Management of Gender-Based Violence and Femicide (GBVF), Safety and Security challenges for women in the South African mining industry (Guidance Note), under the Mine Health and Safety Act 29 of 1996, was published.

6 Aug 2024 3 min read Dispute Resolution Alert Article

At a glance

  • On 2 August 2024, a Guidance Note for the Management of Gender-Based Violence and Femicide (GBVF), Safety and Security challenges for women in the South African mining industry (Guidance Note), under the Mine Health and Safety Act 29 of 1996, was published.
  • It comes as a result of recommendations set out in a report based on a study conducted in 2013 on the safety of women in the mining sector.
  • The focus areas of the Guidance Note include: accountability, co-ordination and leadership; prevention and rebuilding social cohesion; response, care, support and healing; research and information systems; and the observance of the 16 Days of No Violence Against Women and Children campaign.

This Guidance Note, published in National Women’s Month, is a welcome step in the right direction to ensure the safety and security of women in an overarching male dominated mining work environment. It comes as a result of recommendations set out in a report based on a study conducted in 2013 on the safety of women in the mining sector (refer to Annexure C of the Guidance Note for a summary of the report). The focus areas of the Guidance Note include: accountability, co-ordination and leadership; prevention and rebuilding social cohesion; response, care, support and healing; research and information systems; and the observance of the 16 Days of No Violence Against Women and Children campaign.

The Guidance Note applies to the South African mining industry and mining communities and sets out specific roles and responsibilities for employers, managers and supervisors. It proposes that a zero-tolerance approach to GBVF in the workplace be adopted by developing and implementing policies and strategies to tackle the GBVF scourge, which also includes discrimination and sexual harassment. Employers are further expected to report on GBVF issues in relation to the development and implementation of a sexual harassment policy which must be displayed on notice boards; GBVF plans; the establishment of a GBVF database; and collaboration initiatives with the criminal justice system.

GBVF management structures and systems should be in place to address, amongst other things, anti-sexual harassment ambassadors; employee health and wellness services; the establishment of a gender monitoring and evaluation committee; the provision of properly illuminated ablution facilities that are lockable from the inside and specific change rooms for women in mining; reporting systems; and the implementation of a buddy system and the use of mobile radios for reporting purposes.

Managers and supervisors are similarly obligated to adhere to GBVF policies and procedures; participate in GBVF training; report on progress regarding GBVF annually; refer GBVF victims to relevant support systems; and ensure that systems to address the safety and security of women are in place and are periodically reviewed or assessed, including the monitoring and reporting of progress.

Part B of the Guidance Note requires an employer to develop an implementation plan to address its organisational structures, responsibilities of functionaries and programmes and schedules in light of the requirements in the Guidance Note (Annexure D includes a template to be used for the implementation plan). The implementation plan must be kept on record and related documents should be readily available for examination by any affected person.

Part C of the Guidance Note requires all mines to submit an annual report on their GBVF implementation plans on the last day of February each year (Annexure E of the Guidance Note includes a template to be used for progress reporting).

The mining sector is strongly encouraged to consider the Guidance Note and adhere to its requirements to assist in creating a safe working environment for women.

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