By Khaeb Shaun MacDonald
To the Indigenous Peoples in the Republic of South Africa, mining companies have arguably led the perpetuating practice of dispossession. Of course, these companies have always had the backing of those with political power, as the relationship, more often than not, benefits both stakeholders. During the years of colonialism and apartheid, this relationship was highly advantageous. History clearly speaks about the European invaders implementing laws that favoured them, and “allowed” them to dispossess the resources of Indigenous Peoples. In the democracy, they have found eager allies within the natives of the continent to continue their extraction of the mineral resources of these lands. Unfortunately, these African natives have merely evolved into an extension of those that have been exploiting through extraction.
What they have in common though, is that they are extracting resources on the lands of the Indigenous Peoples. The former coloniser, or main beneficiary of colonialism and apartheid, has found among the so- called black nation willing partners, under the guise of Black Economic Empowerment. Still common to pre-1994: a few grossly benefiting from the resources of the lands, whilst millions live in squalor. Practices that are foreign to Indigenous Peoples and their cultural ways. As foreign as those benefiting are to these lands. The local mining sector though, the leader and face of extractive economies, is in need of an urgent shake-up. Last year, there were much-publicised instances of offshore mining hitting a snag. The case of Shell’s attempt to conduct seismic surveys off the Wild Coast being halted by the courts, and likewise that of Australian company, Searcher Seismic, off the West Coast being those instances. These were led by the need for indigenous communities to be effectively and progressively engaged. It is therefore interesting to note how events will unfold in 2023. The Indigenous Peoples of southern Africa are part of the international Indigenous community playing a more participatory role in relation to lands, territories and resources once under the custodianship of our forebears. To the mining companies in the Republic, it is long overdue that the Indigenous Peoples are included in their strategies and operations. Not groundbreaking though, as they’ll be following a shift in global practices on the lands of Indigenous Peoples.
This global shift is underpinned by the increasing global call for Indigenous Peoples to be included. The beauty though, and specifically to the Indigenous Peoples, is that there are international regulations in place that already provide the guidelines to follow. These regulations/policies have been implemented in other countries, and one should question why that is not the case in the Republic. Well, noting the stakeholders mentioned at the beginning, the question is most likely a rhetorical one.
Why then is what we do in 2023, and beyond, of great importance? Well, because it presents the future. In this current future, there is a strong focus on technology. Technology that finds itself as a variable in the solutions for energy and climate crisis. Here, we refer to critical minerals. The future of technology in renewable energy, as an example, is highly dependent on critical minerals. The rush to secure the rights to mine these minerals, in the Republic, could see further exploitation of Indigenous Peoples.
It is reported that more than half of the world’s energy transition minerals are on the lands of indigenous peoples. With indigenous peoples accounting for approximately 6% of the global population, one can understand the importance to not only engage us, but to form effective partnerships with us. Other states have already progressed with this.
On the website of the International Energy Agency (IEA), a 27 October 2022 publication refers to the Critical Minerals Indigenous Engagement Strategy of Canada. In the publication, they mention that “The strategy is designed to acknowledge, affirm, and implement these rights, interests, and circumstances at national, regional, and industry levels.”
It further adds, “Engagement with Indigenous communities is intended to be long-term and ongoing, with the goal of identifying and supporting Indigenous priorities related to critical mineral projects and value chains, and exploring opportunities to advance reconciliation and benefits sharing with Indigenous Peoples.”
The Republic of South Africa should already be this advanced in terms of policies. Of course though, the aforementioned relationship between the mining sector and the state, chooses to perpetuate practices of old, instead of initiating steps of reconciliation with the Indigenous Peoples of these lands. The State is simply doing its utmost not to implement the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). Likewise, there a clear examples of the mining industry choosing not to be progressive.
Of the myriad of international structures developing policies or regulating them, there is the International Council on Mining and Metals (ICMM). Their mining principles speaks to the ESG requirements of their member companies. They also have eight related position statements on a number of critical industry challenges, of which one of them specifically focuses on “Indigenous Peoples and Mining”. It is therefore critical to note that there are a number of their member companies operating in the Republic.
Disappointingly, but not surprisingly, these companies have not implemented steps to ensure that the local Indigenous Peoples are factored into their strategy or business developments. A wilfully exploitative practice, undoubtedly so, as this showcases that even when they have international best practices examples and/or policies and frameworks available to them, the mining industry acts as tardily as their partners in the State in correcting past injustices. Even more discouragingly, its evidence that they do not yet envision the shared and prosperous future that we do.
The upcoming “Investing in African Mining Indaba”, happening at the Cape Town International Conference Centre from 6-9 February 2023, presents an opportunity for the industry to engage on this. We are therefore keenly observing whether the Indigenous component will find adequate space across all platforms at the event.
* Khaeb Shaun MacDonald is an Indigenous business leader and CEO of The Khoeporation (SA’s first Indigenous Strategic Advisory company)