Human Rights Day in South Africa, observed on March 21st, commemorates the Sharpeville Massacre of 1960, a pivotal event in the fight against apartheid and for fundamental human rights. This day honours the sacrifices made for the freedoms now enjoyed by all citizens. For South Africa’s mining sector, Human Rights Day is an opportunity to reflect on its history, address present challenges, and commit to a future where human rights are central to all operations. The South African Constitution, enacted in 1996, guarantees these rights, emphasizing human dignity, equality, and freedom for everyone, including those in the mining industry.
The theme for Human Rights Month in 2025, “Deepening a Culture of Social Justice and Human Rights,” calls for ongoing efforts to integrate these principles into all aspects of society, including the mining workplace. This requires a proactive approach to ensure that rights are not just acknowledged but actively respected and upheld daily.
Advancing Rights: Key Human Rights in the Mining Context
Several fundamental human rights are particularly relevant to the mining sector, including the right to a safe and healthy working environment, fair treatment and labour practices, and the right to dignity. The Mine Health and Safety Act (MHSA) mandates employers to ensure a safe and risk-free work environment. This includes hazard identification, risk minimization, provision of personal protective equipment (PPE), and comprehensive safety training. Amendments to the MHSA in 2024 have introduced stricter measures and penalties for non-compliance, reinforcing the commitment to worker safety. The Mine Health and Safety Inspectorate actively enforces these regulations, promoting a culture of safety within the industry. Employees also have the right to remove themselves from dangerous situations.
Labour relations in the mining sector are governed by the Labour Relations Act (LRA) and the Basic Conditions of Employment Act (BCEA). These laws protect workers’ rights to form unions, participate in union activities, and strike. Collective bargaining remains a vital process for negotiating fair wages and working conditions. While the mining industry’s history includes exploitation and discrimination, ongoing efforts are crucial to ensure equitable treatment for all mineworkers.
The right to human dignity, a cornerstone of the Constitution, demands that every individual is treated with respect and without discrimination or harassment. Addressing historical issues of discrimination based on race, gender, and origin remains a priority. Recent guidelines specifically target gender-based violence within the mining sector, emphasizing zero-tolerance policies and effective reporting mechanisms to protect the safety and dignity of women in this industry.
The Minerals Council South Africa has developed a Human Rights Framework to guide mining companies in respecting human rights throughout their operations. This framework, aligned with international standards, identifies key areas such as health and safety, environmental management, ethics, security, and workplace rights. It encourages companies to conduct human rights due diligence, establish grievance mechanisms, and engage with stakeholders to address potential impacts, signifying a growing industry commitment to human rights.
Key Human Rights for Mine Workers in South Africa
- Right to a Safe and Healthy Working Environment: Entitlement to a workplace free from hazards and risks. (Mine Health and Safety Act, 1996 as amended)
- Right to Fair Labour Practices: Includes fair wages, reasonable working conditions, and protection against unfair dismissal. (Constitution of the Republic of South Africa, 1996 – Section 23; Labour Relations Act, 1995; Basic Conditions of Employment Act, 1997)
- Right to Form and Join Trade Unions: Freedom to associate with other workers to protect their interests. (Constitution of the Republic of South Africa, 1996 – Section 23; Labour Relations Act, 1995)
- Right to Strike: Ability to collectively withhold labour to address grievances. (Constitution of the Republic of South Africa, 1996 – Section 23; Labour Relations Act, 1995)
- Right to Dignity: Entitlement to be treated with respect and without discrimination. (Constitution of the Republic of South Africa, 1996 – Section 10)
- Right to Refuse Dangerous Work: Ability to leave a workplace if there is a reasonable belief of serious danger. (Mine Health and Safety Act, 1996 – Section 23)
Moving Forward: Addressing Challenges and Building on Progress
The South African mining sector acknowledges its history of human rights challenges, including the exploitation of labourers during apartheid. While this legacy has left enduring consequences, the industry is committed to progress. Occupational lung diseases remain a concern due to past exposure to hazardous conditions. Ongoing efforts in health and safety and compensation settlements demonstrate a move towards addressing these long-term health impacts. Continuous improvement in health and safety standards is crucial. Mining operations can impact local communities through displacement, environmental degradation, and disruption of livelihoods. Ensuring meaningful consultation, environmental responsibility, and adherence to Social Labour Plans (SLPs) are vital for fostering positive relationships and respecting community rights. Gender-based violence is a serious issue requiring urgent attention within the mining sector. The introduction of new guidelines emphasizing zero tolerance and effective reporting mechanisms signifies a step towards creating a safer and more respectful environment for women.
Conclusion: Building a Rights-Respecting Future Together
Human Rights Day calls us to remember the past and look forward to a future where the rights enshrined in South Africa’s Constitution are fully realized for everyone. For the mining sector, this means a continuous commitment to addressing historical challenges and proactively promoting a culture of respect, safety, and dignity. Bilnor is dedicated to this ongoing journey, striving to create a workplace where human rights are upheld and where we contribute to a more just and equitable mining community in South Africa. Let us work together to ensure that human rights are a lived experience for all.
