Rapid Assessment Report

On

Covid-19 Effects, Response, Adaptation Measures and Sustainability for the

Kenyan Mining Sector

July 2020

Haki Madini Kenya

Get in touch:

Email: awanjala@ncck.org or infor@hakimadinikenya.org

Facebook page: @HakiMadiniKenya twitter: @HakiMadiniKenya

Phone no. 0728440206

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Acknowledgements

We acknowledge all Haki Madini Kenya (HMK) coalition partners for their support in this

rapid assessment process. We applaud the Haki Madini Working Group on Covid-19 for their

valuable role and input in this process. The HMK working group entailed the following

organizations and representatives:

Transparency International, represented by Samuel Ngei who was the chair of the working

group. He steered the meetings and kept the team moving apart from reaching out to the county

teams in Kwale to respond to the questionnaires.

GROOTS Kenya, represented by Jael Amati, was the vice chair of the working group

Econews Africa, represented by Bernard Ochieng, who worked on the concept note for the

rapid assessment and he took up the leading role in developing the first draft report.

Inuka Kenya Ni Sisi! Ably represented by Ms Nahila Galole, she used her technological skills

in developing the online interview questionnaires.

Interreligious Council of Kenya (IRCK), that was ably represented by Anthony Blaize who

aided in the development and sharing of the questionnaires for the rapid assessment

National Council of Churches of Kenya (NCCK), that was represented by Ms Joy Matanda,

who played a critical in development of the tools for the assessment

Kenya Conference of Catholic Bishops (KCCB) represented by Ms Gladys Mongáre who

helped in proof-reading of this report

PACT world represented at first by Ms Jacqueline Ndirangu and later by Jorden Haan their

experience in research was of great value to the development of this report

Exceptionally we recognize the input by Diakonia Kenya, represented by Purity Kagendo, who

played a vital role of reviewing our tools for data collection and validation of the information

that was being shared out. On the other hand, Caritas Kitui represented by Kelvin Muthui, was

very useful in reaching out to the communities in Kitui during the assessment exercise. Last

but not least the HMK secretariat represented by Augustine Masiga who was instrumental in

organizing and coordinating the team in the assessment process.

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Table of Contents

1.0 INTRODUCTION.............................................................................................................. 3

1.1 Context ....................................................................................................................... 3

1.2 Purpose of the Assessment ............................................................................................. 4

1.3 Assessment Objectives ................................................................................................ 4

1.4 Methodology ................................................................................................................... 5

1.5 Limitation .................................................................................................................... 5

2.0 FINDINGS ..................................................................................................................... 5

2.1 Demographics information ....................................................................................... 5

2.2 Response to the Pandemic ........................................................................................ 6

2.2.1 Large Scale Mining and Artisanal Mining Operations .................................. 6

2.2.1.2 Artisanal and Small-Scale (ASM) ................................................................. 8

2.3 Socio-economic and Human Rights effects of Covid-19 on the Mining Sector ...... 11

2.3.2 Human Rights Effects ........................................................................................... 14

4.0 Recommendations ....................................................................................................... 21

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1.0 INTRODUCTION

1.1 Context

Globally, Covid-19 has had profound effects on the economy and existence of the human race.

Each sector of the economy has been heavily impacted despite it being a health pandemic.

According to United Nations Policy Brief1, Covid-19 is not only a challenge for global health

systems, but also a test of our systems, values, human spirit and humanity. Though still

ravaging the global economy, the pandemic has exposed the limits on the neoliberal

globalization and revealed the fecklessness of the current economic infrastructure and the

incompetence and weaknesses of many governments (Ndii, 2020)2. The United Nations3 agrees

with Ndii and notes that the pandemic is deepening pre-existing inequalities, exposing

vulnerabilities in social, political and economic systems which are in turn amplifying the impacts

of the pandemic.

The full impact of the pandemic in Africa is yet to become clear. According to United Nations4,

the experience in Africa has been varied with causes of concern and reasons for hope. The

relatively low numbers of Covid-19 on the continent have raised hopes that Africa region may

be spared from the worst of the pandemic. According to World Health Organization5 as at the

end of July, Africa’s confirmed cases stood at 4.5 percent of the global infection. The United

Nations partly attributes the low infection rate to the swift move by African Union to endorse a

joint continental strategy in February and complementing efforts by member states and regional

economic communities by providing a public health platform. While the immediate health impact

remains favourable on the continent, the indirect economic consequences are already taking a

heavy toll. The World Bank observed that the pandemic is expected to hit African economies

extremely hard. In its bi-annual, Pulse Report6 World bank indicates that because of the

pandemic, economic growth in sub-Saharan Africa will decline from 2.4 percent in 2019 to

between -2.1 percent and -5.1 percent in 2020 depending on the success of measures to

mitigate the pandemic effects.

The International Monetary Fund 7{IMF) already predicted that Covid-19 is lurching the global

economy towards a recession. According to Econews Africa8, because of the pandemic, a

number of global and regional supply chains are already broken and many more are under

immense threat. The International Labour Organization (ILO) has estimated that full or partial

lockdown measures affected almost 2.7 billion workers, representing around 81% of the world’s

workforce. The mining sector both large scale and artisanal mining plays a critical role in the

1 United nations Policy Brief: The Impact of COVID-19 on Women, APRIL 9, 2020 2 David Ndii, Political Economy of Coronavirus. The Elephant Publication on April 1, 2020 3 Ibid 4 United Nations. Policy Brief on Impact of Covid-19 in Africa, 20 May 2020 5 https://covid19.who.int/ 6 Africa’s Pulse: Assessing the Economic Impact of Covid-19 and Policy Responses in Sub-Saharan Africa: World bank Group April 2020, Volume 21 7 Africa Union Report, Impact of the Coronavirus (Covid-19) on the African Economy. 8 Econews Africa, Briefing Paper on Covid-19 and Extractives Sector, April 2020. www.econews-africa.org

4

economy with multiplier effects on the local and national economy through the creation of direct

and induced employment and business opportunities (Ramdoo, 2020)9. As result of

containment measures taken by governments, the sector has seen severe reduction in

production, decreased demand as well as slump of commodity prices. What’s more, vulnerable

communities who depend on the sector are also among those most severely impacted.

While large-scale and small-scale mining mostly offer formal employment, artisanal mining

provides significant self or own employment. The Kenya National Bureau of Statistics Economic

Survey (2020) estimates that mining and quarrying in Kenya formally employs some 15,900

workers in both private and public sector. The number excludes artisanal miners who are self-

employed and are estimated to be 140,000 in Kenya (PACT, 2017). A socioeconomic survey on

impact of Covid-19 undertaken by Kenya Bureau of Statistics (KNBS)10 established that almost

half (48.5%) of the Kenya’s working population are own workers. Artisanal miners fall in this

category.

In Kenya, the pandemic continued to deepen with local community transmissions making the

curve quite steep. As at 8th July 2020, the total number of infections in Kenya stood at 8,528

with a total of 169 deaths and 2,593 recoveries11. The containment measures put in place by

the Government including banning of all passenger flights, temporary closure of restaurants

and bars, dusk to dawn curfew, cessation of movement into some high-risk counties among

others, aggravated economic disruptions and created conditions for human rights violations.

1.2 Purpose of the Assessment

This rapid assessment was a ground-breaking intervention during the Covid-19 pandemic

intended to gather information from all key stakeholders on the true picture of Covid-19 impact

on the mining sector. This included, but not limited to specific effects, challenges, excesses,

coping mechanisms and proposals on the future of the sector beyond Covid-19. Thus, the

findings and recommendations of the rapid assessment exercise could inform intervention

opportunities, areas of collaboration among the stakeholders for sustainable sector during and

beyond the Covid-19 pandemic.

1.3 Assessment Objectives

The overall objective of this assessment was to generate information on the effects, responses

and adaptive measures on Covid-19 to the mining sector in Kenya. The aim of the assessment

is to guide advocacy actions, policy engagement and solidarity with mining communities by

Haki Madini Coalition and other relevant stakeholders.

Specifically, the assessment set out:

a) To evaluate the social-economic effects of Covid-19 on the mining sector

9 Ramdoo Isabelle (June 2020) The Impact of Covid-19 on Employment in Mining. Intergovernmental Forum on Mining,

Minerals Metal and Sustainable Development and International Institute for Sustainable Development. Canada 10 Kenya National Bureau of Statistics, Survey on Socioeconomic Impact of Covid-19 on Household Report; Wave 2. 30th

June 2020 11 https://www.eac.int/coronavirus

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b) To evaluate how actors (industry, government, CSos, ASM associations) in the mining

sector are responding to the pandemic

c) To identify adaptive and support measures being used by the stakeholders in the sector

1.4 Methodology

The assessment used both qualitative and quantitative methods of data collection. Structured

questionnaires were the main data collection tools used. Three distinct questionnaires for the

key targeted respondents namely; - policy actors, community and industry actors were

developed. The three tools were pre-tested with probable audience before they were

administered online using google forms. Desk reviews of recent related studies and reports

were used to complement the analysis of the findings generated through the questionnaires. In

choosing the administration of the questionnaires, intentional or purposive sampling targeting

specific key informants from the counties reached was used. A total of 36 respondents (25%

being females and 75% being males) were reached. They were categorised into large-scale,

artisanal and small-scale industry players; the policy actors; community and intermediaries such

as CSOs working in the mining sector; and, women. Relevant secondary material and studies

related to this assessment were reviewed and used to complement the analysis of the findings.

1.5 Limitation

The assessment was limited in time. However, since it was a rapid assessment, the scope was

narrowed within the time available. Secondly, the orders and directives issued by the

government to contain and prevent spread of the disease affected the level and speed of

response by respondents. For instance, some target respondents could not access the online

tools due to weak internet challenges as they were working remotely or staying home as

directed by the government. Other respondents took too long to fill and send back the

questionnaires. These circumstances limited the ability to reach out more broadly though the

decision to use intentional sampling targeting specific key respondents made up for this

limitation. Additionally, as Hakimadini Coalition our deep experience and contacts in the mining

sector enabled us when necessary to both formally and informally seek clarification or more

information from various respondents.

2.0 FINDINGS

2.1 Demographics information

The assessment respondents were drawn from mining counties where HMK is present with

active projects.The assessment targeted actors in large scale, small scale and artisanal mining

operations; communities surrounding the mines; civil society organizations; and the

government representatives. Besides, there was deliberate target on women as they make a

significant proportion in the artisanal mining, and are normally affected differently by the

impacts of any pandemic. A total of 36 respondents (25% being females and 75% being males)

were reached by this assessment as shown in the chart below.

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Figure 1: Respondents of the assessment

2.2 Response to the Pandemic

2.2.1 Large Scale Mining and Artisanal Mining Operations

2.2.1.1 Large-Scale Mining (LSM)

The response mechanisms by Large scale mining companies manifested in various designs and

shapes. However, this assessment reveals three dominant approaches, the first one being site

closures as a measure of containing the spread of Covid-19 among the workers. The second

approach was partial continued

operations but under a highly

controlled environment based on

a Covid-19 response or business

continuity plan. The third

approach was continuing

normally with the operations but

under modified work-place

operations putting into

consideration all Covid 19 health

protocols. See the above chart on impacts on large scale industry operations. This assessment

established that in Kenya, Base Titanium continues with its operations uninterrupted. According

to Base Titanium’s quarterly activities report released in March 2020, the company continued

operations without interruptions and even realised increased production and sound demand

from customers12. Similarly, Tata Chemicals operations in Magadi Kenya have not been

12 Base Titanium, Quarterly Activities Report, March 2020; 16th April 2020

Figure 2: COvid -19 Influences of large-scale industry operations

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disrupted by the pandemic. The company continued with its production normally but dispatches

to India and South East Asian countries were being delayed because of the partial lockdowns13.

Among the actions taken by the mining industry, 50% of those who participated in this

assessment indicated that they had partially closed operations while 25% remained operational

and 25% fully closed their operations. One of the companies that remained closed was

Kilimapesa Company in Narok but the company was under care and maintenance even before

Covid-19 broke out. The major impact on the industry was linked to the miners’ livelihood and

disruption of the mining schedules, translating to negative impacts on the company budgets.

Moreover, during the survey period, 75% of the industry respondents had not obtained any

form of mining right while only 25% indicated they had obtained a mining right.

The assessment also established that elsewhere, a number of large-scale companies initiated

corporate solidarity funds as a response to covid-19 pandemic. While these initiatives have

attracted criticism that the mining companies are using them to advance their corporate

interests, the companies hold that the corporate solidarity initiatives have provided critical

support to the community in tackling the pandemic. In Australia, BHP established an AUD 50

Million vital Resources Fund to support local and regional health networks and other essential

community services and it intends to retain the fund post Covid-19 to complement government

initiatives. Similar initiatives have been reported across many mining companies in South Africa,

Canada, Namibia, Botswana14,India15 among others. In Kenya, this assessment established that

Base Titanium in Kwale developed a Covid-19 strategy as an effort to support the government

in fighting the pandemic and protecting the health and safety of the workers. The company

collaborated with the county government and donated foodstuff, set up hand-washing units,

supplied masks and personal protective equipment, and distributed hand sanitizers across

Kwale County among other interventions.

This assessment however noted that while most sectors were closed, mining companies and

many governments have pushed to categorise mining as an essential service enabling

operations to continue despite the risk16. In South Africa, the mining industry was the first

industry to be permitted to resume activities during the lockdown and in some cases did not

even fully shut down at all (Lovells, 2020)17. The government of Zimbabwe identified and

enlisted mining as a key economic pillar that could continuously operate even during the lock-

down. In Brazil, just five days after the sector promised to donate millions of testing kits; the

government passed a resolution 135/20204, which identified the extraction, commercialization,

13 Business Insider: 'Tata Chemicals' recovery from COVID-19 impact is on track' Published July 7, 2020.

https://www.businessinsider.in/business/news/tata-chemicals-recovery-from-covid-19-impact-is-on-track/articleshow/76839708.cms 14 Ramdoo Isabelle (June 2020) The Impact of Covid-19 on Employment in Mining. Intergovernmental Forum on Mining,

Minerals 15Tata Chemicals Press Release, Tata Chemicals steps up its efforts against COVID-19 pandemic

https://www.tatachemicals.com/Asia/News-room/Press-release/tata-chemicals-steps-up-its-efforts-against-covid-19-pandemic accessed on 18th July 2020 16 Earthworks (USA) et al, Voices from the Ground; How the Global Mining Industry Is Profiting from the Covid-19

Pandemic. June 2020. https://miningwatch.ca/publications/2020/6/2/voices-ground-how-global-mining-industry-profiting-covid-19-pandemic 17 Lovells, H. (2020) COVID-19 - What will the SA mining industry look like after the pandemic? South Africa July 2, 2020;

www.lexology.com/library/detail.aspx?g=3b31583d-84ea-4e75-a7c4-303fbf1c7591 accessed on 17/7/2020

8

transportation and supply of mineral goods as essential activities. In the Lualaba and Haut

provinces of the DRC, workers in industrial copper mines, many operated by multinationals

have been forced to choose between being confined in the mine and taking technical leave with

little or no remuneration18.

In Kenya, of the 13 services identified as essential services, mining was not in the list.

Nonetheless, mining operations in large-scale mining such as Base Titanium Limited continued.

In terms of the welfare of the employees, none was dismissed or directed to proceed r on

unpaid leaves. All the workers remained at work, with some working remotely depending on

the nature of their job. Besides, Base Titanium employees have a worker’s union championed

by the Federation of Kenya Employers (FKE) among other welfare groups.

2.2.1.2 Artisanal and Small-Scale (ASM)

This assessment established that the artisanal and small-scale mining sector was hardly hit by

the pandemic. A study undertaken be Delve19 in selected countries (Delve is a global platform

for artisanal and small-scale mining) confirms that as at March, artisanal miners were already

facing serious impacts as a result of Covid-19 pandemic. The sector’s response to the impact

manifested in the form of mine site closures, reduced hours and intensity of operations and/or

suspensions. According to local media reports20 which this assessment confirmed, in Kenya,

as at 30th March 2020 all gold mines had shut down in Migori County, Lolgorian in Narok

County while in Kakamega County, major mines were shut down but smaller ones were left

operating.

The findings by this assessment indicate that most small-scale and artisanal mining operations

were closed down or indefinitely suspended because of the pandemic. A study in Zimbabwe

undertaken by Zimbabwe Environmental Law Association confirms that the situation remains

similar across many countries for Small scale and artisanal mining operations. The study

indicates that in Rwanda, activities at nearly all mines are suspended and workers are unpaid

and sometimes unable to return home. In Zimbabwe, gold mining and milling operations were

ceased in Mberengwa, Shurugwi, Gwanda, Zvishavane, Bubi, Penhalonga, Guruve and Mazowe

sites and many ASM miners stopped working when the lockdown became effective on March

30, 202021.

Nonetheless, due to dependence on the sector for livelihoods, there was a push for exempting

artisanal mining from containment measures to allow mining operations though under strict

adherence to the set health, hygiene and social distancing guidelines. It was established in the

assessment that some artisanal mining sites such as Lolgarian in Narok attempted to integrate

health protocols in their operations after making an appeal to the Governor and Health

department to allow them back to the mines. For example, it was reported that some ASM

18 Earthworks (USA) et al, Voices from the Ground; How the Global Mining Industry Is Profiting from the Covid-19

Pandemic. June 2020. https://miningwatch.ca/publications/2020/6/2/voices-ground-how-global-mining-industry-profiting-covid-19-pandemic 19 Global Environment Facility; Monitoring the Impacts of Covid-19 on Artisanal Small-Scale Mining. April 6, 2020. 20 George Mahiu, The Star Newspaper 21 Zimbabwe Environmental Law Association-ZELA (2020) Covid-19: Mining Sector and Communities’ Situational Report,

April 2020

9

associations purchased non-contact thermometers to screen miners’ temperature at the site to

help them know their own health status. Lolgorian Miners in Narok bought a thermometer to

monitor workers’ temperature while reporting to work. They have also initiated a role referred

to as “Mama Nyumba” who ensures handwashing is strictly adhered to in the sites.

From the assessment, Covid-19 necessitated diversification by some artisanal miners. The

assessment found out that some artisanal miners as a result of reduced operations or complete

mine closures, opted for alternative sources of livelihoods including agriculture and other forms

of small trade activities. In Taita Taveta, it was established that some miners have turned to

farming or selling woven baskets, jewellery and second-hand clothes as alternative sources of

livelihood.

2.2.2 Government Response

After the World Health Organization (WHO) on 11th March 2020 declared Covid-19 a global

pandemic and emergency, the governments stepped in with an array of measures to contain

the spread of the disease and at the same time shore up their respective economies. The

response measures by government broadly included restriction of movement, partial or

complete economic lockdown including closure of learning institutions and introduction of fiscal

and livelihood support packages. United Nations22 reported that as of March 31, 105 countries

had passed fiscal response packages equivalent to a total of USD 4.8 trillion and a total of 106

countries had introduced or adapted social protection and jobs programs by April.

In Kenya, the initial response introduced by the Government included banning of all passenger

flights, temporary closure of restaurants and bars, dusk to dawn curfew, cessation of movement

in and out of some high-risk areas, working from home, hygiene protocols, social distancing

rules among others (KNBS)23. The government of Kenya then established the National

Coordination Committee on the Response to the Corona Virus Pandemic (NCCRCP) whose main

task was to undertake a household Economic Impact Assessment that would provide data to

facilitate formulation of appropriate strategies to respond to the economic effects of the disease.

It was observed however that the government response did not take the poor and vulnerable

populations into consideration. According to David Ndii24 the initial actions taken by

governments to curb Covid 19 were mainly accessible to the rich. He stated that, “Social

distancing is a privilege; it means you live in a house large enough to practice it”. “Hand-washing

is a privilege too; it means you have running water”. “Hand sanitizers are a privilege; it means

you have the money to buy them”. “Lockdowns are a privilege; it means you can afford to be

at home”. This implies that with these measures, the poor and vulnerable are and will continue

to suffer more during this crisis.

Kenya then announced a raft of fiscal measures including generous cross-cutting temporary

measures such as tax relief and refund not only to households but also to companies.

22 United nations Policy Brief: The Impact of COVID-19 on Women, APRIL 9, 2020 23 Kenya National Bureau of Statistics, Survey on Socioeconomic Impact of Covid-19 on Household Report; Wave 1. 30th

June 2020 24 David Ndii, Political Economy of Coronavirus. The Elephant Publication on April 1, 2020

10

Specifically in the Presidential address on Covid-19 on 25th March25, the following were

announced: 100 percent tax relief for earners up to Ksh 24,000; reduction on Pay As You Earn

from 30-25%; reduction of income tax (Corporation tax) from 30-25%; reduction of turn over

tax rate from 3-1% for all micro, small and medium enterprise (MSMEs); appropriation of Ksh

10 Billion to the elderly, orphans and vulnerable members of the society, temporary suspension

of the listing with Credit Reference Bureau (CRB); reduction of 16% VAT to 14% from April;

order to expedite VAT refund claims by the tax agency and immediate recruitment of additional

health workers. Also announced was voluntary reduction of salaries of senior ranks of the

National Executive.

While many countries took nearly similar measures, this assessment established that the

measures were not mining specific and some of those measures would apply to the large-scale

mining sector alone. Most artisanal miners held the opinion that the measures by the National

government did not take into consideration their unique needs and concerns. Respondents

further indicated that the response by the county governments in the areas where artisanal

mining operations take place has also been inadequate if not lacking at all. From the policy,

actors who participated in this assessment the actions they have taken to respond to Covid-19

in the context of mining include advocating for the provision of the protective devices to the

miners at subsidized prices and seeking to have online government services required by

artisanal miners.

In some cases, the mining companies and governments have taken undue advantage of the

pandemic situation to secure unfavourable regulatory changes to the industry. This is

characterised by certain regulatory or policy actions and decisions taken by government behind

affected communities due to covid-19 containment measures. For instance, artisanal miners in

Kitui County who participated in this assessment complained that the names of ASM

representatives gazetted on May 25, 2020 by the Ministry of Petroleum and Mining for the Kitui

ASM committee are unknown to them, and there was no prior consultations before settling on

the names.

2.2.3 Non-State Actors Response

It is recognised that the role of non-state actors in the mining sector cannot be overlooked. In

Kenya, the assessment observed that non-state actors and particularly the civil society and

faith-based organizations have been instrumental in promoting human rights observance,

supporting policy development and implementation processes and undertaking capacity

building for community among other advocacy actions.

This assessment indicated that Covid-19 pandemic significantly reduced Civil society presence

and engagement with community and other stakeholders in the mining sector. When the

respondents were asked how the CSOs responded to the pandemic, majority (48 percent)

25 Presidential Address on The State Interventions to Cushion Kenyans Against Economic Effects Of Covid-19 Pandemic

Venue: State House, House Date: 25th March 2020

11

indicated that they

stopped their

engagements in the

community completely.

Another 48 percent of the

respondents held that the

CSOs refocused their

interventions to provide

immediate livelihood

support to the most

affected. Interestingly, 4

percent of the

respondents held that the

CSOs continued to

operate normally.

2.3 Socio-economic and Human Rights effects of Covid-19 on the Mining Sector

2.3.1 Socio- Economic Effects

The United Nations observed that in just four months of the pandemic, the world had been

transformed. The Covid-19 created unprecedented and growing global crisis with devastating

health, economic and social impact in every country26. The International Monetary Fund already

predicted that the world is poised for global recession due to Covid-19 pandemic. The United

Nations Office of the High Commissioner27 also indicated that while the virus itself does not

discriminate, its uneven impacts have laid bare the man-made social and economic inequalities

on which it feeds. The overall impact is dire on the poorest, most marginalized and those people

suffering the biggest human rights deficits. The containment measures taken by governments

to reduce the spread and control the pandemic have drastically reduced economic activities

including in the mining sector, also accelerated already existing inequalities, and aggravated

human rights abuse. This section examines the findings on the socioeconomic and human

rights impacts in the mining sector as a result of Covid-19.

2.3.1.1 Large-Scale Mining (LSM) Industry

According to Ramdoo28, the measures taken by governments such as lock down measures,

cessation of air, maritime and land transport among others are disrupting global supply chains

resulting in temporary closures of the mining operations. This has affected both supply and

demand side leading to massive capital outflows, low production, tumbling investor confidence

26 Michelle Bachelet, UN High Commissioner for Human Rights: COVID-19 and its impact on businesses and

workers International Organisation of Employers Digital Dialogue Statement by Michelle Bachelet. https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25843&LangID=E 27 Press Conference with ACANU Geneva, 14 May 2020 Opening remarks by High Commissioner for Human Rights Michelle

Bachelet; https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25886&LangID=E 28 Ramdoo Isabelle (June 2020) The Impact of Covid-19 on Employment in Mining. Intergovernmental Forum on Mining,

Minerals

4%

48%48%

CSOs Response

Continued to operatenormally

Stopped theirengagements incommunity completely

Refocused to provideimmediate livelihoodsupport to the mostaffected

Figure 3: CSOs response

12

and acute uncertainties, exports revenue declines and fall of commodity prices. The pandemic

has also shaken direct and indirect employment created by the large-scale mining sector.

ICMM29 estimates that the mining sector directly contributes around 1-2% of total employment

in a given country but when indirect and induced employment is included, this can jump to 3–

15 percent.

In Kenya, the large-scale mining operations are minimal. From this assessment, the large-scale

mining sector was affected minimally if not disrupted at all by the pandemic. In fact, this

assessment established according to Base Titanium30 that the company continued to operate

uninterrupted. The company in the first quarter even reported increased production and ongoing

sound demand from customers with the commodity prices continuing to strengthen. It however

reported a slight decline on zircon prices. Tata Chemicals operations in Magadi Kenya also

continued with its production normally with minimal market disruptions. The dispatches to India

and South East Asian countries were being delayed as a result of partial lockdowns31.

Other impacts reported by the actors in the large-scale mining was that Covid-19 pandemic has

negatively affected miners who depend on mining as their mainstay. They also indicated that

the pandemic has created cash flow concerns as the cost of control measures brought about

by Covid-19 pandemic were not budgeted and as a result occasioning overspending for the

companies. The assessment also gathered that the pandemic occasioned delay in accessing

government support services such mineral rights acquisition, gazetting decisions and this

caused delays in the operations of some large-scale mining companies.

2.3.1.2 Artisanal and Small-Scale Mining (ASM)

The ASM sector is turning out to be the worst hit sub-sector by the Covid-19 pandemic. Based

on this assessment, the large-scale mining actors, the policy actors, and the community, among

other stakeholders agree that ASM has been the most affected. The sector has been exposed

and has become more vulnerable to the effects of the pandemic. Some of the impacts reported

in this assessment include unprecedented economic paralysis, disruption of the supply chain,

loss of job opportunities among others. According to Delve32, all the gold mines had shut down

in Migori County. As a result, economic activities dependent on gold mining were adversely

affected. In Taita Taveta and Narok County, the situation was no different, as the mines were

also shut, depriving the communities dependent on the mines their source of livelihood. In

Kakamega County, small mines remained operational while the major ones shut down. In

addition, the local gold and gemstones prices severely declined. In gold ASM areas the supply

of mercury also decreased.

Besides the fall in prices of gold, the sector experienced market shortage as transportation

routes and borders were closed in line with the government directives. Such directives have

29 International Council on Mining and Metals – ICMM (2016). Role of mining in national economies (3rd ed).

https://www.icmm.com/romine/ index 30 Base Titanium, Quarterly Activities Report, March 2020; 16th April 2020 31 Business Insider: 'Tata Chemicals' recovery from COVID-19 impact is on track' Published July 7, 2020.

https://www.businessinsider.in/business/news/tata-chemicals-recovery-from-covid-19-impact-is-on-track/articleshow/76839708.cms 32 https://delvedatabase.org/news/impacts-of-covid-19-on-artisanal-and-small-scale-mining-insights-from-the-ground

13

interrupted the traditional export patterns of the mineral resources, thus reducing the prices

and income sources received by the artisanal miners.

According to the community respondents, 68 percent indicated that the operations by artisanal

and small-scale miners had been severely affected. 28% indicated that the operations are

minimally interrupted and only 4 percent maintained that the mining operations continued

normally. See the chart below.

Figure 4 :Effects of Covid 19 to the ASM

Above findings are supported by The Conversation33 which established that Covid-19 made

artisanal miners vulnerable on a range of fronts including ,lack of appropriate protective gear

and equipment, congested sites that lack good sanitation and water provision. These conditions

hence make compliance with hygiene and social distancing requirements challenging. They also

have no disposable income to purchase water, soap or personal protective equipment

necessary to fight COVID-19. In addition, most mines are located in remote areas with little

access to appropriate healthcare infrastructure.

Secondly, artisanal miners lack strong institutions to protect their lives and rights, defend or

advocate their needs in policy decision making fronts on Covid-19 response protocols,

economic stimulus and social welfare packages. Some of the respondents observed that the

lack of organizing partly contributed to their exclusion in key policy response mechanisms

announced by the government including the cash transfers that were initiated for the vulnerable

populations.

Thirdly, the broken value chains disrupted the market for artisanal mining and accelerated

brokerage. International travel restrictions continue to affect market access and prices. Most

miners who participated in the assessment indicated that the pandemic has disrupted the

market for the commodities occasioning unfair and exploitative markets by intermediaries who

33 The Conversation, COVID-19 is underscoring the vulnerable lives of Kenya’s artisanal gemstone miners, June 17, 2020

https://theconversation.com/covid-19-is-underscoring-the-vulnerable-lives-of-kenyas-artisanal-gemstone-miners-140275, accessed on 17th July 2020

Continued Normally, 4%

Interrupted Severely, 68%

Minimal Interruption ,

28%

Covid-19 Effects on ASM operation

14

are taking advantage of their ‘hand-to-mouth' lifestyle to purchase minerals at incredibly low

prices. According to The Conversation,34 the poor prices are having devastating effects on the

well-being of miners, many having reported to be experiencing anxiety and some raising mental

health concerns.

2.3.2 Human Rights Effects

The response mechanisms to the covid 19 by various actors including government, aggravated

human rights grievances. The United Nations Policy brief on the impact of Covid-1935 on women

observed that Covid-19 has led to a significant increase in restrictions on the freedom of

movement of people worldwide and worrisome reports on the misuse of emergency measures

to further erode human rights and the rule of law.

Additionally, when releasing a policy brief on human rights in April, the United Nations Secretary

General António Guterres correctly stated that Covid-19 pandemic is a public health emergency,

economic crisis and human crisis but has also quickly turned to be a human rights crisis. He

further stated that human rights cannot be an afterthought in times of crisis36.

When respondents were asked of the forms of human rights concerns they have experienced

as a result of Covid-19, majority identified labour rights violation (44 percent), followed by unfair

access to market (20 percent), followed by land rights (12 percent) and consent issues (8

percent) among other as shown in the illustration below:

Figure 5: Human rights concern in the mining sector in the wake of Covid 19

34 Ibid 35 United nations Policy Brief: The Impact of COVID-19 on Women, APRIL 9, 2020 36 We are all in this together: UNSG delivers policy brief on COVID-19 and human rights, Statement by UN Secretary-

General António Guterres, 23 April 2020; https://www.ohchr.org/EN/NewsEvents/Pages/UNSG_HumanRights_COVID19.aspx

Violation of Labour Rights

44%

Free prior informed consent

8%

Unfair Market and exploitation

20%

Identification of CDACs members

4%

Increased Environmental

pollution4%

Land Rights12%

Women Rights8%

15

This section discusses some of the human rights concerns that were established by this

assessment.

2.3.2.1 Impact on Labour Rights

Economic lock downs occasioned unprecedented consequences for employment and labour

incomes. In an initial assessment, the International Labour Organization37 estimate that almost

25 million jobs are at risk and millions of people could be pushed into unemployment,

underemployment and working poverty. Ramdoo38 observes that while most governments

provided temporary support across various sectors, people pushed out of work or forced to

work fewer hours and self-employed workers unable to have economic activity as a result of

containment measures are many. In Kenya, this assessment established that the support

packages initiated by the government were broad-based and not targeted to vulnerable workers

such as the lower income miners and contractual workers as well as artisanal miners who would

have been eligible for those benefits.

Covid-19 is exposing the weak points of global labour markets. Mining companies of all sizes

are radically slowing down or halting their operations while workers are forced to stay and work

remotely from home. At the same time, new technologies are poised to take CenterStage in the

work threatening massive replacement of human work in the near future.

In a report by The East Africa39, it is estimated that at least one million Kenyans have lost their

jobs or have been put on indefinite unpaid leave as the pandemic morphs into a major job crisis.

This data is taken from some companies and does not include the mining sector, artisanal

miners or even casual laborers which suggest that the numbers are much higher.

For the mining sector in Kenya, labour concerns are more glaring in the artisanal mining. Labour

rights concerns from large scale mining were not reported in this assessment. In fact, the

assessment gathered that Base Titanium for instance retained the workers and internally

modified workplace practices to strengthen hygiene and social distancing measures; altered

rosters to fit within the nation-wide curfew and secured exemptions for relevant support

activities which included providing option for fly-in-fly out (FIFO) for employees to return to

their home country among others. It may be useful to go further than this assessment and

undertake a deeper assessment on the efficacy, human rights compliance and sustainability of

these measures following the protracted period of the pandemic.

This assessment further observes that there are no concrete sustainable policy measures by

the government to protect employment and labour incomes. The companies that have not laid-

off or reduced salaries are doing that out of their own goodwill. According to Ramdoo40, some

governments have taken measures and passed policies to protect all employees’ rights, such

as obligations for companies to pay insurance, pension, and health contributions during

emergency situations. In Chile, the government enacted the Employment Protection Law in April

to protect families' income from loss of work. Social dialogues are also being initiated by labour

37 ILO Monitor, 1st Edition. COVID-19 and the world of work: Impact and policy responses. Published on 18 March 2020 38 Ramdoo Isabelle (June 2020) The Impact of Covid-19 on Employment in Mining. Intergovernmental Forum on Mining,

Minerals 39 Paul Nafula, The East Africa, Friday June 5, 2020. 40 Ibid

16

unions to ensure oversight on working conditions in such future circumstances. While artisanal

miners in Kenya are not members of labour unions it is important to find out the status of large

scale mine workers in Kenya being part of labour unions.

2.3.2.2 Unfair Market and Exploitation

The majority of respondents and more particularly those in artisanal mining complained of

increased unfairness and exploitation citing poor, unstable prices and infiltration of

intermediaries and market brokers taking advantage of the situation. Containment measures

including cessation of movement, border closures and travel bans highly impacted the market

and, in most countries, including Kenya, mining was not identified as an essential sector.

2.3.2.3 Effects of Covid-19 on women

According to this assessment, compared to men, women are impacted more by the effects of

Covid-19 economically, socially as well as their health and security. Women whose livelihoods

depend on mining activities are even bearing a greater burden due to the pandemic. This finding

confirms emerging evidence reported by United Nations41, that suggests that women’s

economic and productive lives are affected disproportionately and differently for men. The

women across the globe, earn less, save less, hold less secure jobs, are more likely to be

employed in the informal sector. They have less access to social protections and are the

majority of single-parent households. These factors provide fertile ground for Covid-19 to

entrench further inequality and abuse for women. The chart below illustrates specific social

wellbeing, economic and health effects on women in the mining sector as established by this

assessment resulting from the pandemic.

Figure 6: Effects of Covid 19 on Women in Mining

From above findings, Covid-19 has occasioned loss of livelihoods sources from most women.

The women in mining sector particularly in the artisanal operations are worst hit. Some of the

41 United nations Policy Brief: The Impact of COVID-19 on Women, APRIL 9, 2020

Unfair Market Prices25%

Loss of livelihoods

source33%

Increased gender based

violence25%

Access to Healthcare problems

17%

17

stories gathered by this assessment indicates that some of the artisanal mining sites that

continued with operations had to reduce the number of workers on site which in most cases

women lost their jobs. Lolgorian in Narok is one place such a case was reported. This study

further established that the pandemic occasioned unfair market and exploitation for the women

and miners when selling their commodities. Gender based violence also increased exponentially

both at the mine site and at homes. The women further reported increased difficulties in

accessing healthcare services as some healthcare facilities stopped seeing patients and on the

flipside most women staying away from healthcare facilities fearing Covid-19 infections as a

result some expectant mothers delivering at home.

The above findings confirms the report by United Nations42, that the emerging evidence on the

impact of COVID-19 suggests that women’s economic and productive lives have been and will

continue to be affected disproportionately and differently from men. Globally, women earn less,

save less, hold less secure jobs, therefore, they are more likely to be employed in the informal

sector. They have less access to social protections and are most of the single-parent

households. Their capacity to absorb economic shocks is therefore less compared to that of

their male counterparts.

The UN continue to correctly observe that as Covid-19 pandemic deepens economic and social

stress coupled with restricted movement and social isolation measures, gender-based violence

is increasing exponentially. Many women are being forced to ‘lockdown’ at home with their

abusers while services to support survivors are being disrupted or made inaccessible. All these

impacts are further amplified in contexts of fragility, conflict, and emergencies where social

cohesion is already undermined, and institutional capacity and services are limited. Besides,

unpaid care work has increased, with children out-of-school, heightened care needs of older

persons and overwhelmed health services. Moreover, the closure of schools has put additional

strain and demand on women and girls. For instance, during this time when schools are closed

and the earliest they can open is January 2020, the demand for unpaid childcare provision is

falling more on women. This cannot only be attributed to the existing structure of workforce,

but also the African social norms. In the recent past, high numbers of pregnancy have been

reported among adolescent girls. Thus, it translates to more girls dropping out of school before

they complete their studies than their male counterparts.

2.3.2.4 Free Prior and Informed Consent

This assessment elicited concerns from the community on the issue of consent which is a

matter of right by landowners in case a mineral right is to be sought or issued. This is closely

connected to land access rights of which 12 percent of the respondents identified as a human

rights concern. Communities reported that while Covid-19 containment measures banned

gatherings, investors continued with their activities in collaboration with the government

seeking prospecting and environmental licenses for mining operations. Such a case was

reported from Kitui County Kanziko area where an investor convened a meeting with few

community members to seek their consent to access their land for prospecting purposes.

42 Policy Brief: The Impact of COVID-19 on Women

18

Earthwork et al. agrees that this is occurring in other places as well. Citing Brazil as an example,

they observe that despite Covid-19 pandemic which has had people locked down in houses,

companies have continued to obtain new mining concessions and environmental licenses to

maintain or expand operations.

2.3.2.5 Awareness and Right to access proper Information

Covid-19 is increasingly causing anxiety and uncertainty in people. While the messaging about

the pandemic is generally strong at the national level, this assessment revealed that informal

sectors such as artisanal mining are still left behind, and a lot of misinformation is entrenched.

For instance, in Narok, this assessment established that artisanal miners who work in the pits

continue to do so in shifts even at night with the claim that the dusk to dawn curfew targeted

town centres. Some of the artisanal miners even claimed that they cannot be accused of

breaking curfew order while they are several metres down the ground. This assessment notes

that with limited access to education and low levels of literacy among artisanal miners and many

others in unskilled sectors, messaging should be simplified, targeted and made sector-

appropriate so that it is understandable for all. It should also be ensured that the women and

girls in such settings have access to Covid-19 prevention as well as health messages.

2.4 Adaptation Measures with Covid-19

Contrary to earlier expectations that Covid-19 would be a passing cloud, government,

communities, civil society organizations and all stakeholders are configuring measures of

adopting into the new way of life Covid-19 being part and parcel of the configuration. Initially,

some artisanal mining sites such as in Kakamega were closed but had to open again. In Taita

Taveta, the County government directed the reopening of closed mines under strict Covid-19

preventive and mitigating measures. The measures restricted a maximum of 15 people working

in a mining per shift. In Lolgorian Narok, the public health agency at the County ordered closure

of all the mines and after a while the artisanal miners approached the governor and health

department to reconsider the decision. As a result they were allowed to resume work subject

to adhering to three main health protocols; first, masking up all the time while at the mine site;

two, observing physical distance all the time and this led to some people losing their jobs; and

three, setting up a handwashing point and ensuring its used by the miners. The ASM group

also mobilised resources and bought one gun-temperature machine which is used rotationally

in the various artisanal mine sites in Lolgorian location.

The Ministry of Industrialization, Trade and Enterprise Development in June released

guidelines43 for business operations during Covid-19. Part 16 of the guidelines provides

regulations for extractives-small scale miners, construction and real estate. A closer look at the

regulations show that they are mainly conceived with large and medium sized institutions that

are well organized, structured with effective systems and sound leadership. For instance, the

guidelines state that the ultimate responsibility for ensuring implementation of the guidelines

rest with the management. Moreover, it proposes workplace protocols such as distances of 1.5

43 Republic of Kenya, Ministry of Industrialization, Trade and Enterprise Development, GUIDELINES FOR BUSINESS

OPERATIONS DURING COVID- 19; June 2020

19

metres between co-workers and clients; staggering shifts and staff rotation, promoting use of

technology, ensuring constant supply of water among others all of which are outside the reach

and ability of many informal sectors such as ASM. However, this assessment recommends that

working measures that are targeted and specific to the artisanal mining sector be developed

based on the guidelines by the government.

Mining companies like Base Titanium, developed its COVID-19 Strategy and has used the

strategy to support the communities at easing the burden. The company reported to have

investment funds in programmes that include food donation to over 50,000 households in Kwale

County- in partnership with the Kwale County Government, ventilators to the Ministry of Health,

pieces of Personal Protective Equipment to different stakeholders and several sanitisation

stations across the regions in Kwale and Likoni44 45.

According to the assessment, communities affected and/or dependent on mining, have also

taken mechanisms to observe hygiene, keep safe while engaging in their daily activities to

provide for their families during this Covid-19 crisis. 55% of the community respondents

revealed that they had received government and non-state support such as food and non-food

items and cash transfers. Further, 35% indicated that they had engaged in alternative means of

livelihood, while 25% indicated that they had integrated health protocols provided by the Ministry

of Health (MoH) in the mine site and continued with operations. Only 20% continued with

operations as usual as another 20% closed their mines and stayed away from any mining

operations.

2.5 Covid-19 Recovery Dynamics, New Realities and Future of the Mining Sector

Lovell (2020)46 argues that the Covid-19 pandemic may prove to be the ultimate disrupter or

accelerator of change to the mining sector. He states that any industry’s future vision must

inevitably consider the impact of the Covid-19 pandemic globally.

In looking forward there are three key things the mining sector particularly the large-scale

mining operators, the financiers and even dealers are already talking about or considering that

will drive unprecedented change in this sector. Civil Society working in this sector should be

proactive and begin engaging in these conversations with the view of ensuring community

interests and rights are protected and observed in the new future being configured for the

mining sector. The three key considerations for the future of the sector are as follows:

First, according to Deloitte (2020) the first and priority disruption expected is acceleration of

the adoption of technology, automation and digital capabilities to improve the ability of the

sector47. Sweeping technological reforms are expected in the sector seeking a path towards

sustainable long-term solution to business operations in post-covid-19 context and to prevent

similar risks in future. According to Earthworks et al (2020), the industry is going to spend more

44 https://www.kenyanews.go.ke/mining-firm-donates-offers-to-ameliorate-effects-of-covid-19/ 45 https://www.capitalfm.co.ke/business/2020/06/base-titanium-donates-covid-19-test-kits-to-ministry-of-health/ 46 Lovells, H. (2020) COVID-19 - What will the SA mining industry look like after the pandemic? South Africa July 2, 2020;

www.lexology.com/library/detail.aspx?g=3b31583d-84ea-4e75-a7c4-303fbf1c7591 accessed on 17/7/2020 47 Deloitte; Understanding the Sector impact of Covid-19; Mining and Metals. April 1, 2020.

20

on technical research and development to search for new technologies that will unlock or

address the way Covid-19 has exposed the sector. Such technology according to (Ramdoo,

2020; Earthworks et al., 2020) will surely include robust attention towards automation.

Automation include among others artificial intelligence, deep level remote mining house

systems, self-driving haul trucks and remote operation centres. Lovell emphasises that as a

result of the risks and vulnerabilities posed by Covid-19 to the mining sector, it is not going to

be about choosing or rejecting technology on the premise that technology will replace labour,

it will be decided on the premise that technology is the only answer to delaying the inevitable

death of the mining industry. Ramdoo continues to observe that while uptake for some

automated technologies, such as automation and labour saving technologies have been slow,

Covid-19 pandemic will accelerate their adoption, deployment and use by the mining industry.

In this assessment, large scale mining operators and the policy actors also alluded to the need

for upscaling automation of service delivery especially those related to mining operations.

Secondly, immense pressure is going to be put on the government to strengthen and reorient

their policy and regulatory frameworks to align with the new needs and realities brought by

Covid-19. In the case of full implementation of automation technologies by the mining

companies, policy concerns around issues such as local content requirements and

infrastructural development will be revisited as subject for fresh conversations. Regulatory

frameworks will also need to be strengthened to ensure that mine safety regulations are

rigorously applicable during mine inspection on the ground.

Thirdly, it is expected that there must be disruption for small-scale mining operators as well as

artisanal miners. According to Lovell (2020), based on economies of scale, small mining

operators remain more vulnerable to external threats and natural calamities such as Covid-19

pandemic. Small scale operators are not able to spread the risk like large scale mining

companies would. Their ability to integrate sophisticated sustainable technologies to enhance

health and safety in their operations and remain profitably operational is highly limited. Similarly,

formalization and organizing of the artisanal mining sector becomes a matter of serious urgency

and a strong element of diversification becomes an integral part of that formalization. These

matters will require serious policy conversations and decisions.

3.0 Conclusion

The socio-economic effects of Covid-19 on the mining sector are adverse particularly for the

small-scale and artisanal miners. For large-scale mining operations in Kenya the pandemic

minimally reduced operations and occasioned additional costs for the companies to align

operations to the containment measures as well as introduce solidarity initiatives and support

for communities. The pandemic has also posed severe risk on labour rights as the pandemic

continue to shake the direct and indirect employment created by the large-scale mining sector.

Large-scale operation workers who have retained their jobs are concerned that they may lose

those jobs anytime as the pandemic continue to deepen and global markets increasingly

fragment and become unpredictable.

The artisanal mining sector turns out to be the worst hit sub-sector by the Covid-19 pandemic.

Artisanal operations are highly exposed and made more vulnerable to the effects of the

pandemic. Most artisanal mining operations closed down occasioning massive livelihood losses.

21

This is compounded by fact that artisanal miners lack strong institution and organizing to enable

them advocate and lobby for specific focus and consideration in the policy decisions made in

response to Covid-19.

Immediate response mechanisms to the pandemic were varied but generally manifested in three

main ways; first was site closures as a measure of containing the spread of Covid-19 among

the workers. The second was partial or continued operations but under a highly controlled and

thirdly was continuing normally with the operations under modified work-place operations.

Large-scale companies initiated corporate solidarity funds to support communities but mainly

to advance their corporate interests.

Initial containment measures by the government including the curfew, cessation of movement

in and out some counties, working from home among others according to this assessment

continued in accelerating loss of livelihood sources and increased human rights violations.

Moreover, this assessment established that the measures did not take the poor and vulnerable

populations into consideration. The mining sector was also left out in designing the measures

including economic stimulus measures that the government introduced.

Finally, contrary as earlier expected that Covid-19 would be a passing cloud; the confronting

reality is that Covid-19 is a crisis without a predictable ending. As a result therefore,

government, communities, civil society organizations and various economic sectors are

configuring measures to adopting to the new way of life from this assessment, the pandemic

may be the ultimate disruptor or accelerator of change to the mining sector that presents an

opportunity for innovation and technology. Robust organizing and diversification conversations

for the artisanal mining sector is also an important dimension this pandemic has prompted.

4.0 Recommendations

1. Move from generalised to targeted covid-19 response measures: There is need to shift

from generalised response measures to targeted support measures. The economic and

livelihood packages by government have largely been general and cross-sectoral and thus

largely excluding the mining sector. Policy advocacy is required for the government to

initiate measures that are appropriately tailored to respond to specific realities and needs

in the mining sector at all levels- large scale, small scale and artisanal miners.

2. Need to build resilience for the mining sector: As governments continue to consider policy

options for re-opening the economy, the mining sector will require serious resilient

safeguards. The sector needs to build resilience to insulate the labour market and protect

workers in this sector. Concretely, the Ministry of Petroleum and Mining should convene

the sector consultative group comprising of key stakeholders including labour unions for

targeted consultations and social dialogue among all stakeholders towards developing

effective resilient safeguards and responses for the mining sector.

3. Comprehensive risk and vulnerability analysis needed: The effect of Covid-19 in the

mining could be deeper than revealed by this assessment. A proper risk and vulnerability

analysis of the mining sector including on labour, livelihood and market is necessary. This

22

will enable effective forecasting on employment and livelihood relief support for the short

term and long term as the sector adapts.

4. Continued solidarity and awareness for mining communities: Ongoing awareness and

solidarity messages should be considered by actors in the mining sector. This should

include awareness raising about Covid-19 in ASM communities as well as monitoring the

progress, compliance and effects of Covid-19 in ASM communities. Digital tools such as

community radio, social media applications among others can be used to facilitate

information sharing, sensitization and situational updates.

5. Solidarity and support initiatives on alternative livelihood methods: In the short term,

there is need to identify those forced out of the mining labour market due to the pandemic

and design initiatives, build their capacities on other economic alternatives and transition

them into those alternative sectors. This can be undertaken in close collaboration with

county governments.

6. Formalization of Artisanal miners becomes more urgent: The effects of covid-19 on the

artisanal mining sector makes formalization of the sector an urgent task that has to be

expedited. Advocacy for formalising ASM in Kenya is a task to be prioritized so that they

can be recognised and have an institution that can present their voice in covid-19 policy

planning and response. On the back of formalization, mechanisms for ASM workers to

belonging to trade unions is also another urgent conversation required.

7. Strengthen mine inspection policies and upscale inspection on the ground: While mining

operations continued normally despite not being listed among the essential services

identified, the Ministry of Petroleum and Mining need to strengthen mine inspection on the

ground. There is need to be more rigorous and consistent to ensure that mine operations

are not vectors for the spread of Covid-19 and also ascertain the conditions and

sustainability of the safety measures in place for the workers and whether their safety and

rights at work are adequately secured.

8. Analysis of economic stimulus packages: There is need to carry out an analysis of

economic stimulus packages by the government and identify any opportunities for women

as well as artisanal miners and position them to take up such opportunities. The scope of

this analysis should also extend beyond the packages by national government and further

include measures being taken by county governments. At county level, it is important to

leverage on public participation opportunities in the public budgeting process to secure

economic recovery for artisanal miners.

9. Begin policy conversations on the imminent role of technology in the future of mining

sector: Sweeping technological reforms are expected as a pathway towards the future of

the sector. Actors in the mining sector will need to begin conversations with communities,

23

industry and policy actors on the likely role of technology in the mining sector and the

implications on the employment, both now and in future.

10. Monitor large-scale companies Covid-19 response measures: The various response

measures being undertaken by large scale companies to deal with Covid-19, should be

closely monitored for greater transparency and also ensure that human rights including

labour rights are duly observed and that actions they take not only focus on ensuring

smooth business continuity but also take into consideration best interest of communities

as well as employees working in those companies.

11. Adjust corporate solidarity initiatives into impact investment measures: Corporate

solidarity initiatives such as food relief among other handouts by the large-scale mining

companies should be adjusted into impact investment or financial instruments for growth

of local enterprise development to support long-term livelihoods sources and contribute

towards reducing dependence on mining.

12. Lobbying for Deliberate Consideration of the Mining Sector and Women in Covid-19

response initiatives: The voices from mining sector should be included in the national and

county initiatives addressing Covid-19. In addition, women and girls should be considered

in the Covid-19 response mechanism being initiated by both government and non-state

actors. The voices of the women must be included in response planning.

13. Increase awareness creation on gender-based violence: There is need to step up gender-

based violence advocacy and awareness initiatives, that also target men, boys and girls at

home. This is important to help address the rising teenage pregnancies, gender violence

in families, workplaces and community as a whole. Such advocacy is to also ensure that

gender equality gains that were already achieved are not reversed by this pandemic.

14. Improve healthcare facilities and sensitize community on their safety in the health

facilities: The county governments should ensure that other healthcare services are

continuously available in the health facilities. The health facilities should also step up

community sensitization though community health workers to diffuse the fear by

communities that they may be infected by covid-19 when they visit healthcare facilities.

15. Need for a study to identify new and innovative approaches for community engagement:

This assessment established that most civil society organizations reduced or stopped their

community engagement initiatives because of the pandemic. With the containment and

physical distancing measures that may remain as new norm for a long time, there is need

to undertake a study at both national and community levels to explore and begin identifying

innovative ways and approaches of continuing with community engagements in the

currently changed environment.