MHSC

Sexual harassmenT in the Mines EMPOWERING PEOPLE TO UNDERSTAND AND MAKE DECISIONS ON SEXUAL HARASSMENT

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Zero Harm to Mine Workers and Communities Affected

by Mining Activities

Mine Health and Safety Council

SEXUAL HARASSMENT IN THE MINES

Basic facts on Sexual harassmenT in mining Sexual harassment is a form of gender discrimination that is, unfortunately, pervasive in our mining sector. The problem has become increasingly evident, as gender diversity in the workforce increases.

harassment, true transformation cannot be attained. In fact, the potential threat of sexual harassment and sexual favouritism is cited as a major barrier to the entry of women in the mining sector, particularly in positions underground.

Sexual harassment is not a phenomenon that occurs in isolation, but rather emerges from a lack of gender education, and unequal and problematic gender relations.

EFFECTS OF SEXUAL HARASSMENT

Addressing sexual harassment effectively requires that broader gender relations are addressed, challenged and changed. This requires multiple approaches, including; • Developing gender awareness • Defining or clarifying what constitutes sexual harassment • Knowing and implementing relevant legislation • Developing appropriate gender-sensitive responses to the problem More and more women are taking up opportunities to enter the mining sector and are increasingly undertaking work in underground operations, this is seen as a sign of progress towards achieving gender equality in work opportunities in the sector.

However, unless women can be assured of a safe, fair and conducive work environment, free from discrimination and

On the victim • Degraded, humiliated, ashamed • Depression, anxiety, shock, denial • Low self esteem • Sexual problems On the mining house • Financial losses • Lack of productivity • Factionalism • Tarnished image (bad public relations) • Resignations On the perpetrator • The perpetrator’s Image • Social standing • Loss of income • Criminal record

The below characters will take you through sexual harassment in mining, what to do and where to get help.

SHANDUKANI MINING CHAMPION

AYANDA UNDERGROUND WORKER

ELIZE SWART SENIOR HUMAN RESOURCE MANAGER

WITBOOI UNDERGROUND SUPERVISOR

RAMOKOTI UNION PERSON

MPHO UNDERGROUND WORKER

LESEGO JUNIOR UNDERGROUND WORKER

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Zero Harm to Mine Workers and Communities Affected by Mining Activities

SEXUAL HARASSMENT IN THE MINES

See iT - “The washroom”

*A lot of mines hand out free condoms to their workforce. This is an attempt to slow down the amount of sexually transmitted diseases, as well as preventing HIV/AIDS, in essence trying to assist with employee well being, whist cutting down on days lost through sickness.

What does the South African Constitution say?

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The South African Constitution explains human rights as the correct and acceptable manner in which all people are entitled to be treated.

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It outlines every citizen’s human rights as follows: • The right to equality and human dignity.

• The right to be respected.

• The right to be informed.

• The right to privacy.

The Constitution thus forms the cornerstone for all interventions to promote gender equality and eliminate all forms of discrimination and sexism, including labor laws that prohibit sexual harassment in the workplace.

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The right to live and work in a safe and pleasant environment.

The right to freedom of expression and association.

Zero Harm to Mine Workers and Communities Affected by Mining Activities

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SEXUAL HARASSMENT IN THE MINES

Say iT - “Sexual favours”

*It is a fact that current Women’s Personal Protective equipment is not adequate and does not fit women that well (as it is designed for men) we have noted that many women when working underground, because of the heat they remove their tops, revealing their breasts?

What does the Code of Good Practice say?

The Code of Good Practice on Sexual Harassment defines that behaviour that constitutes sexual harassment includes unwelcome physical, verbal and non-verbal contact or attention that the receiver perceives to be offensive, or that the perpetrator should know is unacceptable. Sexual harassment encompasses a range of behaviours that undermine the integrity, dignity and right to

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equality of individuals. This includes, but is not limited to, unwelcome touching, whistling, sexual advances, sex-related jokes and/or insults, display of sexually-explicit pictures and objects, sexual assault and rape. Abuse of power (trading professional favours and benefits in exchange for sexual favours) and sexual favouritism also constitute sexual harassment.

Zero Harm to Mine Workers and Communities Affected by Mining Activities

Sway iT - “The hostel” Lesego splits from her friends and walks towards the hostel.

SEXUAL HARASSMENT IN THE MINES

She walks past, after listening to her friends earlier.

*Due to fear of retribution and intimidation, most sexual harassment incidents are not reported via the correct channels, namely management or the Human Resource. This also includes abuse that happens away from the mine, in the hostel and the community.

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What does the Employment Equity Act say?

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The Employment Equity Act is there to achieve equity in the workplace, by promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and implementing affirmative action measures to redress the disadvantages in employment experienced by

designated groups, to ensure their equitable representation in all occupational categories and levels in the workforce, including living conditions.

Zero Harm to Mine Workers and Communities Affected by Mining Activities

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Solve iT - “Reporting sexual harassment”

SEXUAL HARASSMENT IN THE MINES

The next day underground.

Later at the HR office.

*Many sexual harassment induction and policies are ambiguous are not implemented properly, they are wordy and not communicated in indigenous languages. .

Basic Conditions of Employment Act?

Sexual harassment induction and policy is based on the Basic Conditions of Employment Act. The objectives of this Act are: • to enact legislation required by the Constitution • to provide for procedures for the determination of circumstances under which discrimination is unfair • to provide for measures to educate the

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public and raise public awareness on the importance of promoting equality and overcoming unfair discrimination, hate speech and sexual harassment to provide remedies for victims of unfair discrimination, hate speech and harassment and persons whose right to equality has been infringed

Zero Harm to Mine Workers and Communities Affected by Mining Activities

Stop iT - “The abuse of power”

Witbooi the supervisor is led off.

SEXUAL HARASSMENT IN THE MINES

Is Monday morning and the guys are back to their morning shift.

Shandukani pleaded with HR that on Monday there would be trouble.

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What does the Code of Good Practice say?

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The Code of Good Practice on Handling Sexual Harassment Cases is a key document within South Africa’s anti- gender-discrimination framework.

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The Code sets out the guiding principles around which sexual harassment policy and procedure must be orientated

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The Code provides clear guidelines regarding the development of sexual harassment policy and procedure in the workplace, this includes reporting methods

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Where do I get help?

SEXUAL HARASSMENT IN THE MINES

It is important for us all to know what sexual harassment is, and if you think are being targeted knowing how to respond in an appropriate manner, whether you stand up for your rights or indeed you take your grievance to a management level.

Please help us get rid of sexual harassment in the mining industry. If you see ANY of your colleagues that are acting in a strange way, namely, being withdrawn, defensive, are irritable, being absent, getting angry, avoidance of situations, making excuses...talk to them, help them, go and see mine management together.

If you have any evidence of sexual abuse in the industry and do want to report to your mine management... please call MHSC on Toll free 082 222 2222 or SMS to this number or indeed drop us an email on SH@ MHSC.ORG.ZA, we will take it up without exposing your details.

SPEAK UP, IF YOU SEE SOMETHING, SAY SOMETHING S S S a w S e y a o y l e v e

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Contact Us

Physical Address:

Postal Address:

Telephone: 011 656 1797 Fax: 011 656 1578

Building B7, Woodmead Business Park 145 Western Service Road Maple North Building Woodmead Gauteng South AfricaPostal

Mine Health and Safety Council Private Bag X11 Wendywood 2144 South Africa

info@theguild.co.za-5004/01/2015

See iT Say iT Sway iT Solve iT Stop iT