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Introduction

Artisinal mining is fundamentally conceived as mining by individuals or groups that


use simple tools and methods in extracting minerals such as gold and diamond. It
takes place in the informal sector where these miners have no formal or legal
documents to operate (McQuilken and Hilson, 2016). The decline of the output from
the agriculture sector due to climate variability and the outbreak of pets and diseases
has compelled the farming communities to explore alternative livelihood strategies to
complement food crop farming. Consequently, the search for new source of livelihood
has compelled some of these rural folks into Artisinal mining operations (Agyemang
and Okoto, 2014, Bagah et al, 2016, Osumann, 2020). Artisinal mining operations in
some communities are rated as being more lucrative than food crop farming (Funoh,
2014). While the question on the lucrative nature of Artisinal mining remains a debate
among academics, the environmental tragedies of Artisinal mining operations on rural
agriculture dominates the literature (Hilson, 2016). From this perspective conflict
should be expected and be managed constructively (Roark et al,1979). Conflict
management, in this case through Transformative leadership and alternative dispute
resolution is necessary by the top brass of the corporation by exercising the
supporting forces to overcome the inhibiting forces which affect the managers badly
(Gupta, 2000). Certain curing measures for the resolution of conflicts are improved
communication skills, team counseling, accommodating, et cetera (Singh and Antony,
2006).It is against this background that, this essay seeks to assess the conflicts
between extractive Artisinal mining and farming communities and how the conflicts
can be transformed peacefully.

DEFINITION OF KEY CONCEPTS

Transformative leadership
It is defined as a leadership approach that causes changes in individuals and social
systems. Transformational style of leadership is a stimulating technique through
which a leader can inspire and apply that ability of motivation thinking to succeed
(Bass and Avaolo, 2006). According to Burns (1978), transforming leadership is a
process in which leaders and followers help each other to advance to a higher level of
morale and motivation. It redesign the perceptions and values of followers.
Alternative Dispute Resolution (ADR)
It is any procedure for settling disputes by means other than litigation. In other words,
it is a process in which a neutral third party called a mediator helps parties who are
embroiled in a dispute come to an agreement. Alternative dispute resolution are
optional dispute proceedings and methods as compared to the proceedings before state
courts. The methods of resolving conflict outside the courts include, facilitation,
negotiation, conciliation, mediation and arbitration.

Artisinal mining

PROFILE
Smallholder farming and small-scale mining are now two of the pillars of
Zimbabwe’s economy. Although illegal under Zimbabwe’s colonial era mining laws,
which still structure present-day mining policies (Dube et al., 2016;
Spiegel,2015),Artisinal and small-scale gold mining (ASGM) has become an
increasingly widespread economic activity undertaken by socially differentiated
groups with a wide range of education levels and economic backgrounds (Mabhena,
2012; Mpofu & Mpofu, 2017). Across the country, ASGM contributes to the
livelihoods of over one million people directly (PACT, 2015). Although ASGM is at
the heart of a complex livelihood diversification dynamic now firmly rooted across
sub-Saharan Africa (Hilson 2016), a poor understanding of ASGM has sparked
widespread condemnation of its activities. Artisanal small-scale mining (ASM) in
Zimbabwe is dominantly characterised by destructive mining and wasteful mineral
extraction. Such activities have severe impacts on the environment which include
deforestation, over-stripping, burning of bushes, and use of harmful chemicals like
mercury and cyanide.

In Zimbabwe, gold panning used to be primarily a dry season activity and its upsurge
has been attributed to seasonal droughts (Maponga & Meck 2003). Mining activities
upstream interfered with the river system, thereby, reducing water-flow rate, thus,
denying communities adequate water for their livelihoods (Ncube-Phiri et al. 2015).
Further to that, ASM in Umzingwane destroys the best land for cultivating crops
thereby depriving communities their main source of livelihoods (Ncube-Phiri et al.
2015).

The Umzingwane District is endowed with a lot of gold reserves which attract people
from all corners of the country. The illegal mining activities have however been
detrimental to the farmers in the area who have been losing livestock as a result of the
operations. A farmer from Matshetsheni Village said he lost a bull into a pit caused by
the illegal miners’ activities. According to Zimbabwe’s Mines and Minerals Act,
miners are supposed to cover any pits they dig. If they do not, they could face a fine
and up to a year in prison. However, the pits are left by artisanal gold miners, who are
by definition unregistered, so there is no way to hold them accountable. Umzingwane
MP said most of the land degradation in the district is being caused by artisanal small
scale miners.

ASGM at Old Mutare is undertaken by unskilled and under-equipped gold miners


known as the Makorokoza, who destroy lands by burning, as well as massive digging
which leads to a substantial disturbance of ecosystems. The metal detectors that are
referred to as ‘vuvuzelas’ by gold panners can only work if the ground is bare
therefore requiring the miners to burn the land. According to Shoko (2002), problems
caused by the clearing of land include soil erosion, siltation, and soil compaction,
destruction of ecosystems and loss of biodiversity. Burning of the grass leads to loss
of grasslands for livestock of the communal farmers and it also leaves the ground bare
making it prone to agents of soil erosion. Soil will be washed into water sources like
rivers, reducing the water holding capacity of the river which in turn affects the
communal farmers who depend on the river as a source of their livelihood. Mabhena
(2010) stated that during his interviews with the Provincial Environmental Officer for
Matabeleland South indicated that most of the rivers in the province have been silted
due to enormous deposits of sand and gold ore. This affects the communal farmers as
they use and rely on the river for food which comes from fish and water for drinking,
livestock and watering their crops.

ASGM operations feature several rudimentary practices that pollute the air and
contaminate resident water bodies and soils, for example, through the use of mercury
(Hilson & Van der Vorst, 2002). Mercury is used for gold amalgamation in artisanal
mining. The amalgamation process transforms elemental mercury into methyl
mercury (United Nations Environment Programme [UNEP], 2002).Mercury is also
poisonous when inhaled (Larceda, 1997), as it causes lung cancer and skin disease.
The mercury used by panners is also discharged into ecosystems in an abusive manner
(Pfeiffer & Larceda, 1988; Meech et al., 1998).Water pollution destroys aquatic
ecosystems, plant life and depletion of freshwater resources. Aquatic life has also
been affected because the mercury used to extract gold from the ore is deposited into
the rivers like the Umzingwane, Mtshabezi and Ncema, contaminating water and
causing oxygen shortages for aquatic life. People living along these rivers mostly
communal farmers might have been affected by drinking contaminated water from
upstream. They may in the long run suffer further side effects by consuming crops
and livestock products that have radioactive or acidic particles. As recently as 2010,
the mayor of Gwanda took the Zimbabwe National Water Authority to court for
supplying the town with contaminated water after laboratory tests proved the
existence of acidic particles in the water which is most likely to have been caused by
artisanal mining ( Mabhena, 2010).

In light of the above mentioned conflicts, transformative leadership and alternative


dispute resolution techniques can be used to transform these conflicts peacefully. The
leader adopts any of the conflict handling styles to manage the conflict situation. The
bahaviour exhibited by the leader influence the way conflict is handled, and is guided
by the two underlying dimensions, assertiveness and cooperativeness(Thomas, 1977).
Facilitation
Facilitation is a process in which the parties, with the assistance of a dispute
resolution practitioner (the facilitator), identify problems to be solved, tasks to be
accomplished or disputed issues to be resolved. Facilitation may conclude at that
point or it may continue to assist the parties to develop options, consider alternatives
and endeavour to reach an agreement. The facilitator has no advisory or determinative
role on the content of the matters discussed or the outcome of the process, but may
advise on or determine the process of facilitation.

Negotiation

Negotiation is an alternative method of solving conflicts by the parties engaged in


conflict trying to reach an agreement to resolve disputes, using communication
techniques, applied in a direct dialogue. As stated by Nelson Mandela, ‘Negotiation
and discussion are the greatest weapons we have for promoting peace and
development’. Negotiation is a dispute resolving method where parties come together
and then try to resolve their disputes by means of mutual understanding and
negotiations. The disputing parties have the choice to appoint a negotiator or not. In
case, a negotiator is appointed, he has a very small role to play in getting the parties to
a common understanding. Negotiation is not governed by law. All the decisions
regarding such negotiation, for instance, the time, procedure and place where the
negotiation will be conducted is totally up to the discretion of the parties

Conciliation

Conciliation is a process in which the parties to a dispute, with the assistance of a


dispute resolution practitioner (the conciliator), identify the issues in dispute, develop
options, consider alternatives and endeavour to reach an agreement. The conciliator
may have an advisory role on the content of the dispute or the outcome of its
resolution, but not a determinative role. The conciliator may advise on or determine
the process of conciliation whereby resolution is attempted, and may make
suggestions for terms of settlement, give expert advice on likely settlement terms, and
may actively encourage the participants to reach an agreement.

Mediation

Mediation is a process in which the parties to a dispute, with the assistance of a


dispute resolution practitioner (the mediator), identify the disputed issues, develop
options, consider alternatives and endeavour to reach an agreement. The mediator has
no advisory or determinative role in regard to the content of the dispute or the
outcome of its resolution, but may advise on or determine the process of mediation
whereby resolution is attempted. Mediation may be undertaken voluntarily, under a
court order, or subject to an existing contractual agreement.

Arbitration

It is a process in which the parties to a dispute present arguments and evidence to a


dispute resolution practitioner (the arbitrator) who makes a determination. The
process is private and, subject to the parties’ agreement, can be confidential. It offers
a flexible and efficient means of resolving disputes both domestically and
internationally. The decision of the arbitral tribunal is final and binding.
References

disputescentre.com.au/facilitation/.

International commercial arbitration: the courts and the rule of law in the Asia


Pacific region – Justice James Allsop.

GSJ: Volume 8, Issue 12, December 2020, Online: ISSN 2320-9186


www.globalscientificjournal.com

Alexander, J.1991 . The unsettled land: The politics of land redistribution in


Matabeland - 1980-1990 . Journal of southern African Studies 17, no. 4 : 581 -
610.

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