Browsing by Author "Mkali, Theodora Talumba"

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    Sustainable development for rural women artisanal miners in Malawi : obligations under the African Charter and Maputo Protocol
    (Stellenbosch : Stellenbosch University, 2022-12) Mkali, Theodora Talumba; Rudman, Annika; Stellenbosch University. Faculty of Law. Dept. of Private Law.
    ENGLISH ABSTRACT: This research examines the rights of rural women artisanal miners in the artisanal and small-scale mining sector in Malawi. This mining sector is affected by the regulation of this subsector through the Mines and Minerals Act and the National Artisanal and Small-scale Mining Policy (ASM Policy). It thus formulates a matrix of rights to establish whether or not the law and policy framework on ASM in Malawi adequately ‘protect, promote and fulfil’ the rights of RWAMs. In addition, this research also analyses the Africa Mining Vision, the flagship regional policy framework, to assess how states have adopted the matrix of rights to give effect to RWAMs’ rights commitments. In the first instance, the research provides for the Feminist Legal Theory (FLT) methodology, which refers to feminist legal methods and African feminist views to justify the need to address the realities of RWAMs in ASM. In addition, the research expands on the two main organising principles, formalisation and sustainable development, by adopting a feminist lens. Thus, in answering the main research question, the research clarifies how categorising women as a homogenous group shapes the law and policy actions to exclude those with intersecting identities, such as RWAMs. This research also presents the context of ASM in Malawi given RWAMs participation and involvement in this subsector. In addition, this research provides an overview of Malawi’s legal and policy framework, particularly in gender and development. Specifically, this research analyses the standpoint of Malawi’s law and policy framework on mining given RWAMs rights. Finally, this research has conclusions and recommendations. It elaborates on the key findings of each chapter, provides recommendations and insists on future research. The recommendations made in this research dwell on the practical aspects Malawi must implement given the matrix of rights for the benefit of RWAMs.