UN Binding Treaty Indaba: MACUA Advocates for Human Rights and Gender Equity in Marginalised Communities

By Senthati  Katlego Zasekhaya

Mining Affected Communities United in Action (MACUA) and Women Affected by Mining United in Action (WAMUA) representatives were among those who are attending the fifth African Regional Indaba on the UN binding treaty on business and human rights held in Braamfontein, Johannesburg.

The African Regional Indaba on the UN Binding Treaty seeks to establish a platform for affected communities to contribute to the shaping and definition of a meaningful, legally binding instrument, which has been a decade in the making. This instrument aims to hold transnational corporations and business accountable for human rights abuses, which holds specific interest for marginalised communities affected by mining throughout Africa.

Participants attending the event emphasised the urgent need for a legally binding tool that would significantly advance gender equity across supply chains.

Mathapelo Thobejane, from the Sekhukhune Environment Justice Network in Limpopo, highlighted the prevailing issues that women face in mining communities. Sekhukhune has 32 mining companies, but women remain underrepresented.

“When mining companies first arrive in communities, they loot our land and target families with no male representatives, promising jobs and financial stability,” Thobejane said, adding that women are frequently excluded from decision-making processes, both in community forums organised by mining companies and in male-dominated traditional councils.

MACUA/WAMUA is an important social movement, establishing grassroots democratic structures that empower local communities, particularly women.  The movement plays a critical role in fostering solidarity and ensuring that women, who often suffer the most from mining, have a space to build and advocate for their rights.

In mining-affected communities, women continue to carry the burden of exploitative laws and policies. These systemic exclusions exacerbate women’s struggles to obtain basic resources such as land, water, and food, perpetuating poverty, and neglect.

A 2018 baseline social audit published by MACUA, reveals alarming statistics about women’s rights violations in the mining sector. It revealed that 40% of women indicated that they are only able to access job opportunities through sexual favours, while 73% of women surveyed indicated that they received no benefits from mining activities on their land. The social audit also found that 85% of women linked mining development to an increase in violence against women, implying a direct link between industry activities and a decline in women’s safety and well-being. These findings highlight the importance of legally binding measures that hold corporations accountable for their actions.

One of the focal points at the Binding Treaty Indaba was the need for the treaty to incorporate feminist principles and ensure gender inclusivity. A legal instrument of this nature should prioritise strong enforcement mechanisms and ensure that affected communities have substantial access to justice and remedy. This could contribute to ensuring that the Treaty offers a more inclusive and fair response to the challenges women encounter in affected communities.

Current frameworks, such as the Organisation for Economic Cooperation and Development (OECD) guidelines and European Union (EU) due diligence mechanisms, are insufficient to address these complex issues. Transnational corporations wield immense power, often comparable to that of nation-states. They drive economies, influence societies, and profoundly shape environments. The scale of corporate influence often results in significant harm, including land-grabbing, displacements, and the contamination of natural resources.

Existing instruments, while perhaps attempting to improve standards and transparency, leave ample space for companies to manoeuvre and avoid their liability in ensuring that the rights of marginalised communities, especially women, are respected. These frameworks fall short from addressing the pervasive and systemic issues that allow TNCs to act with impunity.

Meshack Mbangula, MACUA’s national coordinator, highlighted systemic failures to hold mining companies accountable. “The Bethanie community fought for two years against Glencore Mine, which was operating without a license, but the government did nothing,” he said.

Similarly, the Tendele Coal Mine in KwaZulu-Natal violated a court order, but the Department of Mineral Resources and Energy (DMRE) did not enforce it.

The challenges are not limited to South Africa. Grace Tepula of the Rural Women’s Assembly of Zambia, described the devastating environmental and social consequences of mining. “The mines that came in and polluted the land and rivers, which were essential for crop cultivation, livestock farming, and fishing,” she explained.

In Zambia, foreign private companies frequently exploit local workers, including children, without providing sufficient protection. Gender-based violence is a prevalent issue, wherein women are forced to engage in sexual acts to secure employment opportunities.

Grace emphasised the importance of community consultation and equitable benefits from mining activities, which was shared by many attendees.

Mbangula emphasised the need to establish appropriate and direct obligations involving international courts. The call for binding treaties and international oversight is critical to ensuring that mining does not remain a recipe for disaster for African communities.