Kenya, famous for its beautiful beaches and fascinating wildlife, is also richly endowed with over 120 types of mineral resources, including large reserves of iron ore, copper, zinc, mercury, and heavy metals such as ilmenite, rutile and zircon. The mining sector has been key to the country’s economic growth. Despite being a primary source of livelihood for 140,000 miners and indirectly supporting over 800,000 people, artisanal mining was illegal in Kenya prior to the passing of the country’s Mining Act (KMA) in 2016.
The KMA presented an opportunity to demonstrate the value and contribution of artisanal mining to Kenya’s economy and society. It paved the way for government and mining stakeholders to address pertinent challenges in the sector, including environmental degradation, land related conflicts, accidents, and injuries in mining operations, as well as human rights issues related to the artisanal mining value chain.
“While our collaboration may suffer from operational bottlenecks, the government is committed to the full enjoyment of all opportunities accorded by the Act”, adds G. Kituku, State Department of Petroleum and Mining.
More importantly, the legalization of artisanal mining contributed to the inclusion of miners in Artisanal Mining Committees (AMC). This granted them a voice in the granting, renewal and revocation of artisanal mining permits, as well as in addressing grievances in the sector, all core functions of these governance institutions.
The Environmental Governance Programme (EGP) played a key role in the establishment of AMCs throughout the country. This accomplishment was facilitated through EGP’s support to the Strategic Environmental and Social Assessment for Kenya’s mining sector, which recommended improving mining governance while promoting community engagement. The EGP facilitated grassroots engagement with artisanal miners in this process and cooperation with government partners.
“Resulting from EGP’s support, government stakeholders have intensified their engagement to address the realization of social, economic and environmental opportunities made possible for artisanal miners under the KMA”, says Griffins Ochieng, Executive Director of Kenya’s Centre for Environment Justice and Development (CEJAD).
Timothy Saleh Mukoshi, a local miner in Kakamega, holds a similar view concluding that: “The EGP’s work has resulted in miners and their associations gaining knowledge of KMA provisions. They can now engage with duty bearers more constructively and not work in fear due to limited knowledge of local laws".
Looking into the future, EGP will continue making the concerns raised by miners heard on the provisions of the Mining Act. This includes developing institutions and systems for participatory decision-making in Artisanal Mining Committees throughout Kenya. By doing so, communities impacted by mining will be able to play a decisive role in protecting the environment and human rights in Kenya’s mining sector.
The implementation of the EGP programme in Kenya is overseen by a project steering committee (PSC) and coordinated by the National Environment Management Authority (NEMA). The PSC is composed of different stakeholders and sectors, including government institutions, development partners and non-governmental organizations. PSC members include the Ministry of Petroleum and Mining, NEMA, UNDP Kenya, and the Centre for Environment Justice and Development (CEJAD).
The EGP is a global programme jointly implemented by the Swedish Environmental Protection Agency and UNDP since 2014. The EGP supports resource-rich countries in integrating environment and human rights into the governance of the mining sector. Programme countries include Argentina, Colombia, Ecuador, Kenya, Kyrgyzstan, Liberia, Mongolia, Namibia, Peru, and Zambia.
The EGP is funded by the Swedish International Development Cooperation Agency (Sida).
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