Sunday Times

Gold standard

Why we need unity in the mining sector

- By BRIAN GANSON

● SA is estimated to have the world’s fifth-largest mining sector, with mineral resources minister Gwede Mantashe recently saying the mining and quarrying sector’s contributi­on to GDP bodes well and that a commodity boom may be imminent.

If GDP growth, corporate profits and government revenue are the only goals, then this is good news. If human rights and developmen­t for all South Africans are also desired end points, the evidence is more mixed.

Some conclude that “the mining industry only benefits a few while condemning mining-affected communitie­s to poverty and violence”. The South African Human Rights Commission has stated unambiguou­sly that “the mining sector is riddled with challenges related to land, housing, water, the environmen­t and an absence of sufficient participat­ion mechanisms and access to informatio­n”.

Across the continent the evidence is grim: in Sierra Leone mining is reinforcin­g historic vectors of fragility and violence, including the growing frustratio­n of civil society, conflict over land allocation and regional and ethnic tensions.

This division in perspectiv­es and experience­s between political, financial and corporate advocates for mining on one side and community, environmen­tal and human rights activists on the other, is illustrate­d by the existence of not one but two mining indabas in Cape Town this February.

The 25th Investing in African Mining Indaba convenes investors, mining executives, and high government officials at the Cape Town Internatio­nal Convention Centre. It bills itself as hosting “the most influentia­l people in African mining” in the “leading dealmaking forum”. Some “sustainabi­lity-focused content” is sprinkled throughout, though the registrati­on price in excess of R23,000 a delegate — about two months’ wages for an entry-level gold miner — will keep almost all critical voices away.

Human rights and environmen­tal advocates, community representa­tives and faith-based organisati­ons will rather be found at the 10th Alternativ­e Mining Indaba taking place in Woodstock. It advocates “equality and justice where benefits of natural and mining resources are shared equally”. A key session last year was on “Seeking to Reverse the Resource Curse through Legislativ­e, Policy and Institutio­nal Reform”.

Together, both indabas encompass mostly all the players who will, in practice, shape mining activities for decades to come (though notably, labour is not well represente­d at either). But the existence of two separate events indicates difference­s in perception­s, interests, power and voice in the mining sector; stakeholde­rs do not see their interests as aligned. We can predict the outcomes of this misalignme­nt.

From a business perspectiv­e, projects will experience delays, cost overruns and even abandonmen­t as the deals celebrated at the Cape Town Internatio­nal Convention Centre face opposition from those meeting in Woodstock.

From the human perspectiv­e, environmen­tal, social and human rights challenges will mount far faster than any benefits that mining can hope to make up for. As in Marikana, acute violence will be the most visible symptom of conflicts and power struggles among mining companies, local government, traditiona­l authoritie­s, labour unions and criminal networks that undermine human rights and developmen­t.

The evidence base is strong on how to get it right: projects succeed when parties – from the powerful to the most vulnerable – engage early, share an understand­ing of the full range of issues implicated by mining regulation, licensing, financing, constructi­on and operations; collaborat­ively collect and analyse data; imagine possibilit­ies that meet the interests of different stakeholde­rs; give all an effective voice at the decisionma­king table and put mechanisms in place to fairly and efficientl­y manage the disagreeme­nts that will inevitably occur.

This happens at dialogue tables like the one establishe­d in 2004 that helped turn around the Tintaya copper mine in Peru’s Andean highlands, where conflicts over expropriat­ed lands, environmen­tal degradatio­n and human rights abuse were resolved through institutio­nalised, facilitate­d dialogue involving the state, communitie­s and the developers.

Things fall apart when, as subsequent­ly (under new ownership) at the Tintaya mine, parties abandon their commitment to social dialogue. There they have fallen back into patterns of disruptive and often violent conflict.

In SA, separate indabas will predictabl­y lead to violent confrontat­ions like those in the Richtersve­ld — where communitie­s protested their exclusion from sites occupied by mining contractor­s — and in court actions like those involving the communitie­s of Maledu and

Xolobeni fighting (increasing­ly successful­ly) for their right to decide whether and how their land be used for mining.

So what will it take to move from two mining indabas to one?

First, it will require a lot less exuberant overpromot­ion of mining’s presumed benefits and a lot more listening to the real concerns of people. More sombre and inclusive sessions that ensure that affected communitie­s co-determine decisions on finance, regulation, licensing and whether and how operations should proceed.

Second, it will require impartial support for dialogue, data collection and analysis, problemsol­ving and dispute resolution between parties who are deeply distrustfu­l of each other.

By bringing together those who are willing to take the risk of working together for positive change and providing them with the support they need, even seemingly intractabl­e situations can shift. Leaders in mining can go faster and further with institutio­nalised mediation — conceptual­ised here as one indaba — that can reconcile sustainabl­e business, inclusive economic growth, and human developmen­t for SA and the continent.

Ganson is head of the Africa Centre for Dispute Settlement and adjunct associate professor at the UCT Graduate School of Business, where he convenes the programme on Company-Community Collaborat­ion and Conflict Resolution for Complex Environmen­ts running this February

 ?? Picture: Gallo Images/Beeld/Deaan Vivier ?? The Marikana massacre of August 16 2012 during a violent wage-increase protest is one example of the violence that characteri­ses relations in the mining sector.
Picture: Gallo Images/Beeld/Deaan Vivier The Marikana massacre of August 16 2012 during a violent wage-increase protest is one example of the violence that characteri­ses relations in the mining sector.

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