Strengthening Women Access and Prosperity in the Tanzanian Mining Sector; Policy and legal Recommendations

What you need to know:

According to the World Bank, extractive industries can provide opportunities for a better life, including increased employment opportunities, access to revenues, and expanded investment in the local community. Women-led businesses can flourish in the extractives supply chain.

Women leadership of important segments of the extractive value chain is limited. This is evident in medium and large-scale mining operations. The situation is replicated in key agencies charged with the management of the sector. There are unequal power relations in decision-making at all levels. One example is the Mining Commission which is composed of one (1) woman out of nine (9) commissioners thus showing underrepresentation – a situation that is common across the sector. Customary practices, discriminative attitudes against women exacerbate the situation. Unless action is taken, women will continue to ‘lark in the shadows’ as far as the leadership and management of this important sector is concerned. They will be left out of key decision-making processes that impact on their lives and fail to realise the full spectrum of benefits that extractives offer.

Under the Constitution, every citizen is obliged to ensure that natural resources (including minerals) are protected. This implies that everyone has to be engaged in planning and decision-making processes concerning natural resources such as minerals. The Constitutional requirement that calls for decentralization of inter alia, decision making processes to local government authorities and the enactment of legislation to put into effect this directive is yet another commendable.
To realize benefits stated in the Gender Development Policy, 2000, the sectoral laws should embrace the spirit of the policy. Gender Policy and its strategy of 2005 have adequately addressed gender equity, but unfortunately, the mining laws are lacking correlation with stipulations of these policy documents as far as gender equity is concerned.
Through Tanzania Mineral Policy, 2009 the Government commits to promote participation of women in mining activities; by ensuring that all programs related to mining, including education and training opportunities, are based on gender equality and equity, however the challenge remain on lack of comprehensive sectoral strategy to execute this.
Tanzania mining legal framework has put mandatory requirements for Mining Companies to prepare Plans on how they will employ and train Tanzanians. In accordance to section 103 and 104 of the Mining Act 2010 (as amended in 2017) companies are required to prepare plans for technological transfer and employment opportunities. Execution of aforementioned sections lack monitoring mechanism to ensure gender equity and equality is attained.
Furthermore, The Mining Act of 2010 (as amended 2017) established the Mining Commission. Among others, the Commission is empowered to manage the mining operations in the country. However, the composition of women representatives in the Mining Commission is inadequate as it is limited to a representation of one woman only and other members who subscribe to it by virtual of their official position. This impedes efforts to have women represented in higher decision especially those involving revenue management.
The Local Government Finance Act provides for 40% non interest rate loan out of the 10% to be granted to women groups. On the contrary, women involved in the mining sector are limited to qualify for loans issued by local government authorities due to a perception that, once you are involved in mining, you are financially capable woman.
The composition of the Tanzania Extractive Industries Transparency and Accountability Committee lacks an affirmative gender provision to mandate inclusion of women in the committee. Women are left out in decision making and management of the extractive industry which includes the mining sector.

The Ministry of Minerals should adopt strategic programs to foster participation and involvement of women in the mining sector in order to increase the level of women engagement in the sector which is relatively low compared to that of men.
Tanzania Revenue Authority (TRA) should put clear legal requirements for segregation of the revenues in a gender parity manner so as to identify women’s contribution to the mining revenues as the existing legal framework has not sufficiently put in place effective mechanisms to spot inclusion of women in the entire mining value chain.
The Ministry of Finance and Planning should adopt a purposive revenues allocation mechanism which has to be institutionalized rather than being subjective/individualized as this will ultimately enable allocating them purposely to ensure that women get a deserving share of benefit from the sector.
The Local Government Authorities should establish state-managed loans facilities such as public micro financing structures accessible to women (including women who are working in extractive sector such as in mining activities) in order to achieve the desired results as set by Section 37 A of The Local Government Finance Act, (Cap 290 R.E 2019).
The Parliament should call in to order the Government to review section 21 (7) of the Mining Act 2019 as it gives no room for gendered approach to the appointment of members of the Tanzania Mining Commission.
The Civil Society Organisations (CSOs) should continue advocating for review of the Mining Act, 2019 to accommodate a specific provision on creation of a conducive environment for women engagement in the sector. This will ensure a move away room sweeping provision in the Mineral Policy, 2009 which aims at encouraging and promoting women participation in mining activities.

Strengthening Women Access and Prosperity in the Tanzanian Mining Sector; Policy and legal Recommendations

What you need to know:

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