The multiple societal and economic challenges faced in artisanal and small-scale mining (ASM) requires a collaborative approach amongst different mining stakeholders, including actors from the business sphere, public institutions, and civil society organisations. During the first phase of the project, the research team in collaboration with the miners mapped the main ASM stakeholders in Taita Taveta, such as The multiple societal and economic challenges faced in artisanal and small-scale mining (ASM) requires a collaborative approach amongst different mining stakeholders, including actors from the business sphere, public institutions, and civil society organisations. During the first phase of the project, the research team in collaboration with the miners mapped the main ASM stakeholders in Taita Taveta, such as, workers, landowners, business associations, investors and buyers, mining communities including women and children, non-governmental organisations, religious organisations, trade unions and workers' committees, national and county governments, and inter-governmental organisations Read More...
We established the Multi-stakeholder Dialogue Forum as a platform that gives voice and agency to ASM miners, mining communities and the other stakeholders in the governance of the local natural resources, and in the co-production of a more sustainable mining future in Taita Taveta County.
The forum offers a space for mining stakeholders to:
Give a voice to miners and their communities;
Encourage a peer-to-peer dialogue and knowledge exchange among different actors;
cultivate new as well strengthen existing stakeholder relationships;
build bridges and improve stakeholders interactions;
develop a more open and transparent culture for meaningful interactions;
set their own sustainability agenda and forge meaningful collaborations;
exchange ideas and good practices towards a more inclusive and responsible ASM sector;
develop and implement shared solutions to prioritise economic, socio-cultural, environmental and governance challenges in the mining sector in Taita Taveta county.
The Multi-Stakeholder Dialogue Forum (MSDF) on Sustainable Artisanal and Small-Scale Mining (ASM) in Taita Taveta County, a first of its kind in the County, was launched on the 2nd October 2020 at the Vacani Resort in Voi. The MSDF's goal is to foster collaboration and partnerships among gemstone mining stakeholders to co-create a more accountable, inclusive and responsible gemstone ASM Sub-sector in Taita Taveta County. Read More...
The Multi-Stakeholder Dialogue Forum (MSDF) on Sustainable Artisanal and Small-Scale Mining (ASM) in Taita Taveta County hosted its second forum on 6th November 2020. In the spirit of exchanging ideas and best practices, the participants discussed in detail the issues facing ASM in Taita Taveta and proposed concrete actions towards the development of a County Sustainable Mining Action Plan for a more inclusive and responsible ASM sub-sector in Taita Taveta County. Read More...
The Multi-Stakeholder Dialogue Forum (MSDF) on Sustainable Artisanal and Small-Scale Mining (ASM) in Taita Taveta County hosted its third forum on the 4th December 2020. The forum achieved two goals: Read More...
The Multi-Stakeholder Dialogue Forum (MSDF) on Sustainable Artisanal and Small-Scale Mining (ASM) in Taita Taveta County, a first of its kind in the County, was launched on the 2nd October 2020 at the Vacani Resort in Voi. The MSDF's goal is to foster collaboration and partnerships among gemstone mining stakeholders to co-create a more accountable, inclusive and responsible gemstone ASM Sub-sector in Taita Taveta County.
The mining industry is one of the major economic activities offering employment and income to residents in the gemstone-rich areas of Taita Taveta County. Yet it is characterized by lack of accountability resulting into mistrust; poor resource governance; lack of collaboration among key stakeholders; limited resources; human-wildlife conflict; poor infrastructure; health and wellbeing issues; lack of skills and knowledge on mining techniques, market and financial literacy, value addition among other challenges.
Thirty-five (35) representatives of key mining stakeholders came together to discuss the research findings from data gathered during the Cultural Animations workshops and interviews conducted between November 2019 to March 2020, and deliberate strategies to address the aforementioned sustainability challenges the sector faced. The representatives in attendance included
National Government:- State Department for Mining Ministry of Petroleum and Mining, Voi Gemstone and Value Addition Centre, Kenya Wildlife Service, and National Environment Management Authority.
Taita Taveta County Government:- the County Executive Committee (CEC) Mining, and the County Mining Engineer.
Political Leaders:- Senator and Members of Parliament.
Non-Governmental Organisation:- ‘Sauti ya Wanawake' (Voice of Women) and Women Land Rights.
ASM miners and Mining entrepreneurs.
Mining Business Associations:- Taita Taveta Artisanal Miners Association, Taita Taveta Gemstone Dealers SACCO Ltd, Kenya Chamber of Mines, and Community Based Organizations.
Academic Institutions:- University of Nottingham (UK) and Taita Taveta University (Kenya).
The establishment and endorsement of the Taita Taveta MSDF.
Setting up of the MSDF Secretariat.
Nomination of 7 representatives of mining stakeholders in Taita Taveta to constitute the Secretariat. These are institutional representations from
Academia (i.e. Taita Taveta University, University of Nottingham)
County Government (including County Mining Inspectorate)
Mining Business Associations
Civil Society Organization (including vulnerable groups)
Identification and discussion of key mining issues for inclusion in the County Sustainable Mining Action Plan.
Exchange ideas and best practices towards a more inclusive and responsible ASM Sub-sector.
Build bridges among miners, mining communities and relevant mining stakeholders.
Promote a more symbiotic relationship among all mining stakeholders in Taita Taveta County.
Create an environment for permanent dialogue and collaboration.
Act as a decision-making body and reach decisions by consensus.
Co-produce a County Sustainable Mining Action Plan / Blueprint for the ASM Sub-sector in Taita Taveta.
Convene the MSDF including proposing meetings' agendas and facilitate meetings.
Steer the MSDF in the co-design of forum rules and procedures.
Ensure effective dissemination of information generated from the MSDF to artisanal miners and all mining stakeholders.
Steer the development of a County Sustainable Mining Action Plan / Blueprint that aims at embedding sustainability in the ASM sector.
Coordinate and monitor the implementation of County Sustainable Mining Action Plan / Blueprint.
Endeavour to act as a resource centre for ASMs.
Act as the MSDF's public face.
Establish a conflict resolution and mediation process.
Conduct or commission research in support of the operation of the Forum.
The Multi-Stakeholder Dialogue Forum (MSDF) on Sustainable Artisanal and Small-Scale Mining (ASM) in Taita Taveta County hosted its second forum on 6th November 2020. In the spirit of exchanging ideas and best practices, the participants discussed in detail the issues facing ASM in Taita Taveta and proposed concrete actions towards the development of a County Sustainable Mining Action Plan for a more inclusive and responsible ASM sub-sector in Taita Taveta County.
Conflicts over land and mineral resources are commonplace in parts where gemstones are mined in Taita Taveta County. Historically, the local community has expressed their struggles over land rights and mineral resources. To begin to find a joint solution to land concerns, three key stakeholders joined the MSDF: Kenya Wildlife Service (KWS), Taita Taveta Wildlife Conservancies Association, and the Taita Taveta Senator who is also a member of the Senate Committee on Lands, Environment and Natural Resources.
These three critical stakeholders joined the conversations on the state of mining in the National Parks and the Ranches in the County. Some key discussion highlights:
Miners in the National Park were issued with mining permits in the 1970s. Since then, no new entrants have been permitted into the National Parks.
There is a possibility to mine in the National Parks. However, priority will be given to conservation of other natural resources in instances where gemstones are found.
There is need to resolve the concern where mining permits in the ranches are given out by the government without due consultations or consideration of the ranch owners.
The ranchers expressed willingness to allow miners into their ranches but only if the rule of law is followed. Ranchers requested for a meeting with the Regional Mines Officer in order to come up with a policy that allows for mining to take place in their ranches. Ranchers also need to be invited to future mining forums held in the County.
More open forums to discuss land are necessary. (It was later agreed that a special session on land will be held in the next MSDF meeting to be held on the 4th December 2020).
The endorsement of the outcomes of the first MSDF deliberations and outcomes. The motion to endorse the outcomes was moved and seconded by two miners.
Discussion of missing issues, interventions, timelines, identification of resources needed to achieve MSDF objectives, and stakeholders with interests and/or resources.
Opening a dialogue on the possibility of miners accessing the National Parks and Ranches if the right structures are put in place.
Identification of stakeholders that ought to be included in the secretariat, in particular from the Ministry of Lands.
Reiteration on the need to build strong MSDF management and accountability structures.
MSDF Secretariat to push for the gazettement of the Artisanal Mining Committee (AMC) by the Government of Kenya (Section 94 of Mining Act 2016).
To co-create a more responsible and inclusive ASM sector in Taita Taveta County, all mining stakeholders have a role to play. MSDF members discussed and agreed to:
Actively participate in all discussions aimed at developing a County Sustainable Mining Action Plan.
Put forward proposals for improving the mining environment, governance, policies and practices.
Provide material, financial, intellectual and human resources in the implementation of the County Sustainable Mining Action Plan.
Discuss, approve and abide by the rules, procedures and internal policies of the MSDF.
Scrutinize the monitoring and evaluation information by the Secretariat.
Approve the MSDF's reports and documentation.
Disseminate information about the Forum's activities and results.
Provide feedback to each other and to the secretariat.
Put strong measures in place for collection, control and management of finances; members expected to be accountable
The Multi-Stakeholder Dialogue Forum (MSDF) on Sustainable Artisanal and Small-Scale Mining (ASM) in Taita Taveta County hosted its third forum on the 4th December 2020. The forum achieved two goals:
Provide mining stakeholders the opportunity to give critical feedback on the draft Taita Taveta Sustainable Mining Action Plan 2021-2025.
Presentation to help address a critical knowledge gap the miners have on mining and land laws, policies and regulations that affect artisanal and small-scale mining.
The artisanal miners provided positive feedback on the Taita Taveta Sustainable Mining Action Plan and the impact it will have on mining in the County and Country: notably,
The need to expand the Gender and Occupational Health and Safety action plans; and include measures to sustain the MSDF such as resource mobilisation and wider stakeholder engagement.
Explore the possibility of establishing mobile clinics to attend to emergencies.
Establish gender based violence desks within mining zones.
The importance of putting in place succession plans in organisations, and the need to encourage and mentor young people for sustainability of the industry.
Consider DNA and Certification of Gemstones from Taita Taveta to support miners as they seek to engage in formal international gemstones markets.
Establish partnership between the Regional Mines Office and the Ranchers to standardise requirements for mining in the ranches.
Encourage and promote the rule of law within the ASM sector. Miners encouraged to report mining related violations to the relevant government departments: for example, gender issues are reported to the State Department for Gender.
We believe that a good understanding of the laws and policies and how they relate to the day to day activities of the ASMs can increase the implementation of these laws and policies. In the last two MSDF, the miners have constantly expressed the difficulties they faced when applying for and accessing mineral rights, land access and meeting environmental management requirements. To educate and raise awareness about the laws and policies governing artisanal and small-scale mining,
The Regional Mines Officer discussed the provisions for artisanal mining contained in the Mining Act No. 12 of 2016.
The Ministry of Land and Physical Planning representative explained the provisions in the Land Act No. 6 of 2012 and the Community Lands Act No. 27 of 2016.
The County Director of The National Environment Management Authority (NEMA) explaining the provisions of EMCA CAP 387 (Environmental Management and Coordination (Amendment) Act No.5 of 2015) affecting mining.
Some key highlights from the presentations:
The Mining Act 2016 finally recognized artisanal mining as a legal category in the mining sector. Previously, they were considered illegal players. The Act also encourages adaptation of best practice towards sustainable mining.
The extractive industry by its very nature has a massive ecological footprint. The Government has developed legislations and regulations for managing environmental impacts: for example, Constitution of Kenya, 2010, Vision 2030, Mining Act 2016, EMCA Cap 387, and the Occupational Health and Safety Act No. 15 of 2007 (revised 2010) (OHSA, 2007).
Strategic Environmental and Social Assessment (SESA) based on EIA/EA regulations as a safeguard to ensure sustainable conservation by identifying potential threats so that mitigation measure can be put in place and undertaken.
Miners to report to the State Department for Mining any new minerals that they discover which are not covered in their current licence, so that the Ministry can update their mining licence to include the new mineral(s) as required by Law.
The mining licence comes with an annex with provisions on Occupational Health and Safety Regulations, how mining is generally supposed to be conducted and conditions to be complied with by the miners.
In the Constitution of Kenya Chapter 5 on Land and Environment, minerals are declared as public land administered by the National Government. However, it is a critical requirement for artisanal miners to get consent from land owners before they prospect and/or mine.
The requirements for application for Artisanal Mining permits include Proof of payment, Incorporation, Registration, Environmental license, and Land owner consent. Application is to be submitted to the representative of the Director of Mines at the County. The duration of a permit is normally 1-5 Years.
Mining permits are issued by the representative of the Director of mines digitally and also manually using form AMP2, within 60 days from the date of application under the advice of the Artisanal Mining Committee
The current Members of the Taita Taveta Artisanal Mining Committee include:
1. Hon. Mwandawiro Mghanga - CEC Member-Lands, Mining, Housing and Energy; Committee Chair
2. David I Murebu – Representative of the Director of Mines; Committee Secretary
3. Edith Kalo – Representative from NEMA
4. Job Onsomu - Representative of Inspectorate Division of the Ministry
5. Thomas K. Bosire - Representative of County Lands Board
6. Peter Goi Lutimiru - Association of Artisanal Miners Representative
7. Peris Mlamba Wangio - Association of Artisanal Miners Representative
8. Charles Kasuku Shogosho - Association of Artisanal Miners Representative
EMCA regulations related to mining include:
i. Environmental Impact Assessment and Audit Regulations, 2003 (amended 2019)
ii. Noise and Excessive Vibrations Pollution Control Regulations, 2009
iii. Waste Management Regulations, 2006
iv. Water Quality Regulations, 2006
v. Wetlands, Riverbanks, Lakeshores and Seashore Management Regulations, 2009
vi. Air Quality Regulations, 2014
vii. Draft (Deposit Bond) Regulations, 2014