10 0ctober 2022

Compiled by Nobuhle T (Mabhikwa) Chikuni

The Mines and Minerals Act currently governing Zimbabwe’s mining sector was enacted in the 1960s. Since then, a lot has changed and modern-day mining problems have emerged and these include farmer-miner conflict and the lack of recognition of small scale miners who play a huge role in contributing to the gold output.

Several years have passed since Former President Robert Mugabe first included a Bill to amend the Mines and Minerals Act in the annual legislative agenda.  A Bill that was gazetted in 2016 was eventually rushed through Parliament, with amendments, in the dying days of the previous Parliament before the July 2018 general election, which resulted in Mr Mnangagwa elected as President for the first time.  After the election, President Mnangagwa sent the Bill to the new Parliament so that it reconsiders his reservations about the Bill.  That consideration by Parliament did not take place but rather, the Government instead decided that the Ministry of Mines and Mining Development should prepare a new Bill.  The present Bill, therefore, is the result of nearly four years of further work, which one hopes included appropriate submissions from the consultations with all possible interested parties, i.e., not only miners, but farmers and other stakeholders^[2].

While we wait for the finalisation of the bill, given the extensive work ZELA has done in the ASM sector, knowledge on the challenges and the enablers, the ZELA team developed what is called a Model ASM policy.  The policy was informed by some of the lessons from other African countries who have been able to develop the policy in their specific countries (ASM).  The purpose of this write up is to give you a snapshot of what the model policy entails.  While most of ZELA’s extensive work is on gold, diamond and chrome the model ASM policy will hopefully apply to all minerals where artisanal and small-scale mining takes place.  The opportunity to develop the draft model ASM policy helped ZELA to also map legal gaps in the mining related legislation and that includes the lack of policy or framework governing the gemstone sector which is slowly growing and attracting more players in Zimbabwe.  

The ASM Policy is a framework that will be used to guide the exploration, development, exploitation, and utilization of mineral resources amongst the ASM players in Zimbabwe. The principles, objectives and strategies of this policy shall be implemented through strengthening the legislative, regulatory, and institutional framework and providing adequate financing. 

Policy Goal 

The goal of this ASM Policy is to promote the formalization and improvement of artisanal and small-scale mining sector governance and management and promote alternative livelihood skills for miners. To promote sustainable, traceable, profitable and responsible artisanal and small-scale mining practices, enhance environmental protection, occupational health and safety safeguards, strengthen linkages between artisanal and small-scale mining and socio-economic development and transformation in Zimbabwe. 

 Policy Objectives  

1. To formalize the artisanal and small-scale mining sector by providing policy directives that can help the sector to operate in compliance with national laws and policies. 
2. To create employment for rural communities and contribute to poverty reduction through enhanced participation in the artisanal and small-scale mining sector, including women, men, youths, and persons with disabilities. 
3. To promote adoption and implementation of occupational safety and health standards and practices in the artisanal and small-scale mining sector.
4. To promote implementation of environmental impact assessments and environmental management plans by artisanal and small- scale miners including use of sustainable, profitable, and modern mining practices, technologies and minimizing the use of mercury.
5. To ensure that the artisanal and small-scale mining sector contributes to the national economy through payment of taxes and royalties. 
6. To promote adoption and implementation of occupational safety and health standards and practices in the artisanal and small-scale mining sector.
7. To promote implementation of environmental impact assessments and environmental management plans by artisanal and small- scale miners including use of sustainable, profitable and modern mining practices, technologies and minimizing the use of mercury. 
8. Ensure availability of mining titles, geological data, and information for use by artisanal and small- scale miners and ensure application of the cadastre system and mapping of ASM mining sites.  
9. Promote access to finance, equipment, and other support services to the artisanal and small-scale mining sector.   
10. Ensure provision of timely and regular mining related information for the benefit of artisanal and small-scale miners and other stakeholders including public disclosure of information on production and revenue figures from ASM for enhancing transparency and accountability.   
11. To promote adoption of responsible sourcing standards in the ASM sector to help fight against conflicts, criminality, violence, corruption, illicit financial flows, mine accidents and unfair pricing of minerals.   
12. To strengthen the institutional and staff capacity for improved monitoring of the artisanal and small-scale mining sector including establishment of a platform for information sharing, training and capacity building amongst stakeholders including Government, civil society, communities, miners and others.   

To be continued in the next blog