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Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
AUGUST 2021
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ACKNOWLEDGMENTS
Synthesis report author: David Bledsoe, Resource Equity
The following PWYP coalitions led the national level research which is synthesized in this report:
PWYP Tanzania: HakiRasilimali Tanzania
Coalition Coordinator: Racheal Chagonja
Research Team: Mwajuma Kadilu (PhD) , Salvius Mbano (PhD) and Hanifa Massawe (PhD)
Paul Mikongoti, Lucy Shao, Francis Mkasiwa
PWYP Uganda: Pro-biodiversity Conservationists in Uganda
Coalition Coordinator: Robert Tumwesigye Baganda
Research Team: Mushime Moses, Paul Twebaze, Robert Baganda and Gard Benda
PWYP Mozambique: Coligação Cívica sobre a Indústria Extractiva/KUWUKA JDA
Coalition Coordinator: Camilo Correia Nhancale
Research Team: Camilo Correia Nhancale, Palmira Velasco, Fátima Mimbire, Tomás Vieira Mário,
Issufo Tankar e Zelda Cossa
We would like to thank the Finnish Ministry of foreign affairs Unit for Civil Society Department for
Development Policy for providing the funding for the research.
We would also like to acknowledge the contribution of our colleague Camilo Correia Nhancale to
the development of this report. Camilo who was the Coordinator of PWYP Mozambique passed
away on 31st July 2021.
Publish What You Pay (2021) Increasing Women’s Voice and Participation in Extractive
Governance: The case of Mozambique, Tanzania and Uganda. Kampala, Uganda.
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Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
Table of Contents
0.0 Executive summary 4
1.0 Introduction 7
2.0 Best practices 9
2.1. Effective national governance frameworks and the capacity to implement them 10
2.2. Transparency 10
2.3. Effective participation 11
3.0 Country summary 12
3.1. Mozambique 13
3.2. Tanzania 16
3.3. Uganda 19
4.0 Lessons learned and next steps for stakeholders 23
4.1. Women’s social status restricts their participation in decision-making on the
use of extractive revenues 23
4.2. Formal governance frameworks fail to ensure women’s voice or participation 24
4.3. Government capacity and will to implement governance frameworks is lacking 26
4.4. Transparency and accountability are lacking 27
5.0 References 29
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00
Executive Too often the voices of those living in the shadows
of resource extraction are not heard. Extractives
Summary projects are presented as pathways to sustainable
development but in reality they deliver little tangible
benefit for those affected by them. Meanwhile the
communities close to extraction are in an increasingly
precarious position facing a lack of basic services,
like water, sanitation and health, and threats from the
climate crisis and growing inequality.
Research also indicates that women and girls are
disproportionately harmed by extraction and the large-
infrastructure projects associated with it. Women
and girls more often than not face increased unpaid
care work, loss of productive land, livelihoods and are
exposed to sexually transmitted diseases as well as
gender-based violence. The extractive industries have
historically been male-dominiated, with women only
recently gaining access. As such, the sector remains
deeply masculine and patriarcal and women, despite
carrying increased burden, share little to none of any
benefits such as economic opportunity.
We know that citizen participation in the governance
of their natural resources is a precursor to addressing
Research also indicates
the needs of the communities impacted by extraction.
that women and girls
We also know women leaders often produce better
are disproportionately
harmed by extraction and outcomes. But women’s participation in extractive
the large-infrastructure governance remains worryingly low; women are largely
projects excluded from decision-making and policy formulation
in a system of natural resource governance that is
riddled with structural gender inequality.
With support from the Finnish Ministry of Foreign
Women’s social
status restricts their Affairs, the Publish What You Pay (PWYP) national
participation in decision- coalitions in Mozambique, Tanzania and Uganda
making on the use of undertook research to unearth what data/information
extractive revenues at the and reforms are needed to improve women’s
local level participation and power in decision-making around the
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Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
allocation and use of extractive revenues, for local level. These social barriers are long-
the benefit of women, men and communities at standing, deeply ingrained and difficult
the local level. The research: examined national to shift. While these constraints certainly
and local governance frameworks; assessed affect women in relation to local extractive
national and local government capacity to revenue use and benefits, they also restrict
comply with these frameworks; characterised women’s voices on the use and enjoyment
the allocation and use of extractive revenue at a of land, natural resources and household
local level, including the projects and initiatives earnings.
funded by that revenue; assessed women’s
participation in extractive revenue distribution 2. Formal governance frameworks fail to
and use; synthesised research findings to ensure women’s voice or participation.
identify how women’s participation is hindered; While national constitutions may provide
and recommended improvements and reforms. for women’s equality, empowerment
and rights, the remainder of national
International best practices served as governance frameworks often fail to
benchmarks for the research. Best practices realise these constitutional guarantees.
include: effective national governance Whether they are mining laws and
frameworks and state capacity to implement regulations - or land, inheritance or
them; information transparency; women’s marriage laws - national governance
engagement, sensitisation/education and frameworks fall short in providing the
consultation; design of local, women-focused explicit detail and directives necessary
initiatives funded by extractive revenues; for implementing and ensuring equal
effective local implementation; women’s rights for women. Laws and regulations
participation in the initiatives; women benefiting for extractive industries and revenues
from the initiatives; and monitoring and do not expressly provide for women’s
evaluation. participation and inclusion.
The country research identified causes of past 3. Government capacity and will to
failures in women’s participation and made implement governance frameworks is
recommendations to improve: the governance lacking. Without the commitment and
frameworks; the state’s capacity to implement means to effect change, little changes.
those frameworks; the local processes that The case studies underscore this lesson.
shape the use of locally-allocated revenues; and For example, Tanzanian law calls for local
women’s meaningful participation in decisions districts to earmark 10% of their revenues
on the allocation and use of revenues. Important for interest-free loans to registered
common lessons emerged from the country groups of women, youth and persons
research: with disabilities. Yet there is no reliable
verification that these revenues are indeed
1. Women’s social status restricts their directed toward the loan funding, and
participation in decision-making on the significant amounts of this funding may
use of extractive revenues at the local go unplaced and unspent.
level. The patriarchal customary/social
rules and patterns in all three countries 4. Transparency and accountability are
create a situation where women lack the lacking. Neither women nor men can
permission to engage, time and capacity effectively voice opinions or needs when
to be heard or otherwise participate in they lack the information needed to
decision making or access benefits at the formulate them. Because women tend
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to be even more disenfranchised than Improve legal and regulatory frameworks.
men – lacking access to information- Laws and regulations should be amended and
sharing and decision-making fora - easy to supplemented to address the lack of explicit
access and complete information is vital requirements around women’s participation and
to improving their agency and voice. None inclusion in extractive revenue decision-making.
of the three countries tracks extractive New legal and regulatory reviews should show
revenue distribution or spending at the where governance frameworks lack gender-
local level. Because much of the revenue focused detail. Comparative frameworks can
is simply poured into general national provide stronger examples. Recommendations
funds, it loses its identity, making it harder can describe how national laws and regulations
to both influence and evaluate the use should be improved. Model regulations can
of extractive revenues. For local projects be drafted and offered to governments. With
funded with national resources, the support from international donors and experts,
rationale for selection and design of local CSOs could lead these efforts.
community development projects funding
is seldom made available. Moreover, Improve national capacity and will to
performance and beneficiary data for implement existing laws. The will of national
these projects is not routinely collected or governments to implement existing laws
shared with women and men at the local can be strengthened/encouraged through
level. education and advocacy of public servants.
CSOs and private sector actors can lobby
The lessons learned suggest next steps that national governments to direct more funds
could be taken by stakeholders – government, to implementation, to ensure governance
private sector, civil society, and women, men, frameworks are complied with at multiple
and communities. All of these stakeholders levels. CSOs can support local government
can make contributions to making extractive and key government actors through education
revenues more transparent and more likely to and collaborative implementation of model
benefit women at the local level. programmes.
Acknowledge and improve women’s social Improve transparency and accountability.
status. Social change should be an important Availability of accessible and digestible
part of every action taken to advance women’s information is key to the active and empowering
rights. For example, changes to laws to make participation of women, men and communities
them more favourable to women must be in shaping the uses of extractive revenues.
accompanied by sensitisation, education and Governments should be lobbied at all levels
conversations with women and men. Actions to improve disclosure. CSOs could educate
to improve how local governments interact with governments on exactly what is needed,
women must include similar measures aimed at illustrating standards with model disclosure
shifting social perspectives. Improved reporting reports for example or suggesting reporting
on extractive revenues should include methods frequencies. Women and men should be
that drive changes in how women are perceived sensitised on how to parse and use available
and included. Implementers must recognise data. With support, CSOs could lead the way on
and consider all the parts of socio-economic, these activities.
political and cultural systems that impact
women differently.
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Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
01
Introduction Publish What You Pay (PWYP) is a global
movement of civil society organisations
committed to making oil, gas and mineral
governance open, accountable, sustainable,
equitable and responsive to all people. With
more than 1000 member organisations and
In 2019, with support from the Finnish Ministry
51 national coalitions, PWYP’s strength lies in
of Foreign Affairs, PWYP began its Promoting
its ability to coordinate action nationally and
Extractives Tax and Transparency (PETT)
globally, maximising the collective impact of its
Project. PETT:
members and coalitions.
Promotes information disclosure In support of the third objective, the PWYP
and analysis about the fiscal national coalitions in Mozambique, Tanzania
framework and tax revenues and Uganda undertook research to identify
generated by oil, gas and minerals what information and reforms are needed to
extraction Mozambique, Tanzania
improve women’s participation and power in
and Uganda.
decision-making around the use of extractive
revenues for the benefit of women, men, and
Supports the effective use of communities at the local level. The research
that information by civil society objectives were to:
to influence decision-makers to
implement extractive sector fiscal • Examine national and local governance
reforms at national and regional
frameworks (laws, regulations,
levels.
procedures) that control allocation of
extractive revenues to the local level and
that shape how those revenues are used.
Increases women’s participation
• Assess national and local government
and voice in decision-making
processes about whether and how capacity to implement these laws,
extractive revenues are allocated regulations and procedures.
in sub-national budgets. • Characterise past extractive revenue
allocation and the projects and initiatives
funded by that revenue.
• Assess the extent of women’s
Strengthens regional and global
coordination and information participation in decisions around
sharing on the extractives tax extractive revenue distribution and use,
justice agenda among civil including through examining:
society.
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• the staffing of pertinent national and • Make recommendations for improvements
local government entities; to: the governance frameworks; the state’s
• participation in community decision- capacity to implement those frameworks;
making processes that inform the local processes that shape the use of
revenue distribution and use; locally-allocated revenues; and women’s
• implementation of the funded meaningful participation in decisions
projects or initiatives themselves; about allocation and use of revenues.
and
• beneficiary pools that benefit from This synthesis report: (1) outlines best practices
the revenue expenditures and for women’s participation and power in
implemented projects. influencing the use and allocation of extractive
• Synthesise the research findings to revenues; (2) summarises the country research,
identify how women’s participation is findings and recommendations; (3) synthesises
hindered. lessons learned; (4) and suggests next steps
and possible advocacy strategies.
HakiRasilimali worker inquiring a Maasai boy who was searching
for ruby mining remains form around the small scale mining site
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Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
02
Best Practices Research and international standards set out best
practices for extractive industry transparency and the
path to women’s inclusion and participation in making
decisions on – and benefiting from -- in the distribution
and use of extractive revenues (See generally, TAI, 2010;
OECD, 2017; World Bank, 2009). While there is some
overlap across the practices, they include:
Creation of effective extractive revenue
national governance frameworks
(laws, regulations, procedures) and the
capacity and will to implement them at
the national and local level.
Transparency.
Women’s influential participation
– including via engagement,
sensitisation/education, and
consultation.
Design of funded, women-focused
projects and initiatives for local
implementation.
Women’s participation in the creation
of local projects funded by extractive
revenues.
Women benefiting from
the initiatives.
Monitoring and evaluation of extractive
revenue funded local projects.
Ongoing improvements to the
extractive revenue distribution process.
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Some of the key best practices are discussed investment, labour and environmental and
in more detail below. social protection, along with procedures
for extractive revenue fiscal management
1. Effective national and benefit-sharing. Importantly, the
framework should aim to optimise
governance frameworks extractives development, but not at the
and the capacity to expense of people or the environment.
implement them Some extractive revenue should be held
nationally, but local government should
While extractive revenue governance also receive extractive revenues because
frameworks represent a broad and complex they are sometimes better informed about
topic reflecting each national landscape, a local needs and ways to spend revenue
number of international organisations and effectively. However, local governments
donors have outlined best practices. For must be able to administer extractive
example: revenue and they must have good
• The African Union, in its Africa Mining systems for auditing and control (FCDO,
Vision, calls for a comprehensive, 2021).
harmonised suite of national laws that
cover fiscal regimes, oversight, mining 2. Transparency
operations, gender incorporation,
social impact assessment and public Transparency is realised when potential
participation (AU, 2009). consumers have the capacity to access, view,
• The World Bank suggests that a and understand the disclosed or published
body of understandable, appropriate information. From the legal, financial and
and adequate laws and rules should institutional perspectives, transparency
provide for extractives industry fiscal must be comprehensive, relevant, timely,
accounting and reporting, as well as for reliable, comparable, material and accessible.
how extractive revenues should be used Comprehensive means that all the necessary
to benefit citizens and stakeholders. information is made available. In the case of
The government must also have the extractive revenues and its use, this would
capabilities, resources and information include national fiscal data, sub-national
needed to effectively implement, monitor revenue transfer information, local process and
and enforce said laws and regulations. procedure information, and basic information
(World Bank, 2017). on how to participate in decision-making and
• The Finnish Ministry for Foreign Affairs, access social and economic benefits. Relevant
through its Taxation for Development information responds to the needs and priorities
and other related programmes, calls for of stakeholders; local community women, for
national governance frameworks that example, will benefit more from project-level
provide for equitable, representative and data than from national-level data. Timely
verifiable collection and distribution of information is available within a timeframe that
extractive revenues across the public and allows for the information to be acted upon
private sector (FMFA, 2020). and reliable information is correct information.
• The UK Foreign, Commonwealth and Comparable information would allow local
Development Office (FCDO) echoes women, for example, to compare the amount
this perspective, saying the governance of extractive revenue their village receives with
framework should provide for the what other villages get, to see whether they
overall context for extractives industry are receiving an equitable share. It would also
10Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
allow local governments to understand the 3. Effective participation
extent to which resources are being distributed
across districts. Information is material when Participation of women begins with women’s
it is what is needed to make smart decisions –
inclusion -- in information sharing, in
whether the decision-maker is a district, village,
sensitisation/education, in decision-making, in
women’s group or an individual woman (See
governance, in design of projects, in benefits
Ball, 2009; TAI, 2010). Crucially, information also
and in monitoring. Importantly, women must
needs to be accessible. Information needs to
have the capacity to be included. Capacity
be presented and disseminated in a way that
means having the permission to engage, safety,
takes into account the barriers different groups
time, understanding, interest and means to view
of people – including women – can face when
and use information. Creating the capacity for
trying to access information, for example lower
literacy or education levels, time poverty, lack women to participate is a task in and of itself
of access to mobile data, etc. With the advent that takes time and must be sustained during
of a digital world, information technology and the life of the intervention or activity (See Hicks,
a stronger focus on serving those (like women) 2010).
that face significant obstacles in accessing
information, more attention is being paid to Given that a goal of women’s participation in
accessibility (McVilly, 2017). One best practice extractive revenue distribution and local use
with regards to transparency and accessibility is in large part about local and community
is the publication of information as open data: governance, the adaptation below from
“data that can be freely used, re-used and Agarwal’s (2010) participation typology is useful.
redistributed by anyone”. Open data is both It suggests the difference between nominal and
technically and electronically free, meaning that influential participation.
it is accessible in machine-readable format and
can legally be reformatted and shared. This
increases accessibility, usability, and facilitates
the creation of tools and datasets that can be
used in advocacy or presented to non-experts.
FORM/LEVEL OF PARTICIPATION CHARACTERISTIC FEATURES OF THE PARTICIPATION
Nominal participation Members of the governing group, often by virtue of arbitrary quotas
Passive participation Informed of decisions ex post facto, or attend meetings and listen to decision-
making, without contributing to discussions
Consultative participation Opinions are solicited in specific matters without guarantee of influencing
decisions
Activity-specific participation Asked to (or volunteer to) undertake specific governance tasks (treasurer or
secretary, or provide facilities and refreshments)
Active participation Express opinions, whether or not solicited, or other inputs or information
Empowering Participation Have voice and influence in agendas and in decisions; assumes formal or
informal positions as officers, knowledge sources, or influencers
11Publish What You Pay
03
Country As well as focusing on women’s power and
participation in decision-making around the use of
Summaries extractive revenues, some of the country research also
explored other issues linked to women’s participation
in large-scale, and artisanal and small-scale mining
(ASM). These included: gender-based violence, labour
and employment, local content, and the governance
and licensing of mining operations. This synthesis
report limits its focus to women’s rights, extractive
revenue transparency, and women’s participation in
national and local budgeting, and local projects.
UGANDA
TANZANIA
MOZAMBIQUE
12Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
1. MOZAMBIQUE
In Mozambique, the Civic Coalition on the Extractive
Industry served as the lead PWYP coalition
entity, commissioning the research and analysis
conducted by PWYP national coalition member
KUWUKA Juventude Desenvolvimento e Advocacia
Ambiental (KUWUKA JDA). KUWUKA JDA is a
youth and environmental advocacy organisation
that works to empower rural communities and
CSOs to become active participants in natural
resource governance.
Scope of research
The report examined the use
Research focused on women’s participation in and allocation of the
2.75%
decision-making around the use of extractive
revenues at the local level. The report specifically
examined the use and allocation of the 2.75% of total extractives industries
of total extractives industries production tax production tax earmarked for
communities affected by extractive
earmarked for communities affected by extractive
activities.
activities, focusing on the Larde and Momo
Districts in Nampula Province. Nampula is in
Mozambique’s northeast coast region and hosts a
large mineral sands mining operation. The research
consisted of: a literature and legal/regulatory In
review; fieldwork including informant interviews
and focus group discussions with men, women 2020 the Center for
Public Integrity called the
and youth; and meetings with members of Local
Consultation Councils, community leaders and
community organisations.
2.75% allocation
insignificant and ineffective
in its impacts.
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Key findings
Mining laws require that 2.75% of extractive making processes by their suppressed social
industries production tax be transferred status, low literacy levels and general hesitancy
to communities affected by the extractive to transgress strict social norms by providing
industries. Yet criteria for determining the a public face. Under the polygamous, multi-
extent to which a community may be “affected” household family structure seen in the research
are nebulous and inconsistently applied. area, women often prefer to remain near or
Additionally, there is a lack of clarity around the within their homes in an effort to preserve them
fiscal calculations and distribution processes and their personal and household sanctity.
of the revenue. Disparities are seen between Women reported that this desire was a reason
communities that receive benefits and those for not participating in the Local Consultative
that do not. Some host districts have not Councils. Therefore, men tend to be the voices
received the correct amount of revenues, while of the families and to make decisions. Despite
others that are only peripherally affected (or the matrilineal inheritance patterns in the
unaffected) by mining have benefited more Nampula study area, men remain the decision-
from the revenue distribution. Civil society and makers (often through the auspices of maternal
research organisations have questioned the use uncles). All of this is despite a real, customary
of the revenues, concluding that the benefits role of women as the conservators of culture
have not spurred social and economic change and social values within the local communities.
transforming local lives and livelihoods. Indeed,
in 2020 the Center for Public Integrity called the There is a potential conflict of interest that
2.75% allocation insignificant and ineffective in arises by virtue of competing roles within local
its impacts. power structures. Community leaders are seen
as and tasked with being representatives of
The Local Consultative Councils, tasked with the community, while also having central state
recommending which local projects should be administrative allegiances and responsibilities
funded with the local production tax revenue, fail (for which representatives receive a monthly
to meet the mandated participation quotas of subsidy). The latter carries responsibilities to
30% and 20% for women and youth, respectively. hierarchical state superiors, while the former
Instead, councils are largely populated by older requires a local information-gathering and
male community leaders that tend to be aligned advocacy function. Constituency allegiances
with the ruling national party. When women may conflict and divert attention from one
and youth are successful in representing or the other – with community leaders
themselves and expressing opinions on suitable potentially prioritising the needs of their state
projects for local funding, their suggestions administrative superiors rather than defending
are generally not included in the final list, which the best interests of their community. This
tends to reflect the ideas put forth by the men dichotomy is in part an attempt to push central
or by the district governments. Women have state power into the local level, rather than being
indicated a preference for water sources and an effort to devolve power to local communities.
projects that improve the lives of the children
and the household, while youth are eager to see A tension is also seen between local and district
improvements in soccer fields and the like. power structures. The recommendations
made by Local Consultative Councils on which
Added to this is the reality that women generally projects should be funded by the 2.75% revenue
are constrained in their access to decision- allocation are submitted to the district councils
14Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
for review, prioritisation and discussion; it
is at this district level that final projects are Key recommendations
approved for implementation. A district lens
is thus applied, and final project selection and conclusions
can reflect district (and centre-state)
priorities rather than local desires.
Finally, while Mozambique’s Constitution • Women and communities should be trained in
provides that women and men are equal the content of: citizens’ constitutional rights;
before the law (art. 36), and that the mining and petroleum laws and regulations;
state “promotes, supports and values the gender-focused laws (e.g. regarding violence
development of women and encourages against women); and other relevant policies.
their growing role in society, in all spheres Training should be in local languages and
of the country’s political, economic, social observe regional cultural and religious values
and cultural activity” (art. 122), the state also and practices. In order to address social and
recognises “legal pluralism” and customary customary beliefs that oppress women, there
systems and rules, to the extent that they are should be awareness-raising and training
not contrary to the fundamental principles programmes for men, women and youth that
and values of the Constitution (art. 4) (RoM, change perspectives on women’s voices and
2004, 2018). Overall, most laws are “neither their participation in decision-making.
applicable nor favourable to women,” and
also “sexual discrimination, gender violence, • There should be efforts to review and
traditions and perceptions, ignorance of improve the role and functioning of the Local
the laws, and the culture…perpetuates the Consultative Councils in terms of membership
inferiorization of women” (KUWUKAJDA, and composition (despite political affiliations),
2021). and the regularity and content of meetings
related to mining revenue and local funding.
• The relationship between councils and
local neighbourhood secretaries should
be improved to better permit local citizen
perspectives to be taken into consideration.
• There should be greater participation of
CSOs in the monitoring of councils, including
training of council members, to improve
council functioning and the participation of
women and youth, with a focus on ensuring
Partial View of the participants during the validation of the
study results with communities in the district of Larde, Nampula civil society has an active decision-making
province.
role in the management of the extractive
revenues.
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2. TANZANIA
A team of individual consultants undertook the
research, analysis and report writing on behalf
of HakiRasilimali-PWYP Tanzania, a platform
of CSOs working on strategic issues around
minerals, oil and gas extraction in Tanzania.
Scope of research
The research focused somewhat more broadly
on women in the mining sector, whilst still
addressing the question of extractive revenues,
the use and distribution of local funds, and the
inclusion of women in informing and benefiting
from local funding. The research consisted of
a desk review and telephone interviews with The research
representatives from the government, industry focused more broadly on
associations, civil society and the private WOMEN
sector, with a view to understanding their in the mining sector
perspectives from a national level.
102 women’s
groups in the Geita region
received 466 million
shillings from the Local
Government Finance Act
16Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
Key findings
Women hold significant constitutional rights in The Mining Act calls for mining licensees to
Tanzania, with the 1977 Constitution providing create programmes aimed at recruiting and
that state authority will ensure that “all forms of training Tanzanians for extractive industry
injustice, intimidation, discrimination, corruption, employment and local content provision; these
oppression, or favouritism are eradicated,” and programmes are required to take into account
that “human dignity and other human rights are gender, equity, persons with disabilities and
respected” (art. 9). Accordingly, the Constitution host communities (art. 103). Local content
further pledges that the state will “accord equal regulations (issued pursuant to the Mining Act)
opportunities to all citizens, men and women call for a certain level of local-level procurement
alike without regard to their colour, tribe, religion, and hiring by mining companies, but do not
or station in life” (art. 9) (RoT, 1977, 2005; mention women or gender. Beyond required
HakiRasilimali, 2021). reporting on local content, the Extractive
Industry Transparency and Accountability Act
To the extent that they mention women, also requires extractives industry companies
mining- and extractives-related policies and to submit information on their corporate social
laws tend to focus on including women within responsibility programmes to the committee
the mining industry as employees, labourers annual reports containing (art. 15). However,
or providers of supporting local content. There there are no requirements regarding the level
are limited or absent quota requirements for or type of corporate social responsibility
women members on administrative/regulatory (CSR) funding or activities companies should
bodies. The Extractive Industry Transparency engage in, nor whether any projects need to be
and Accountability Act, born in conjunction orientated towards women’s needs or wants
with Tanzania’s adoption of the EITI standard,
provides that the attendant Tanzania Extractive No policies or laws appear to pledge that
Industries Transparency and Accountability benefits or revenues from extractives industries
Committee should be composed with some should be directed towards the betterment of
“regard to gender balance” (art. 5) (RoT, 2015; women’s livelihoods, or otherwise under-served
HakiRasilimali, 2021). However, the act does or typically-excluded populations. Accordingly,
not provide that a certain number or quota of there is no Tanzanian law or regulation that
women be included on the (up to) 16-member expressly requires for portions of national
committee. The Mining Commission enabling extractive industry revenues, royalties or taxes
regulations call for only a single woman to be used to benefit local jurisdictions affected
member on the 10-member body. Currently, by mining or to benefit women within affected
there is only one woman on the commission communities. Revenues raised from the
– the Permanent Secretary from the Ministry mining sector (through receipt of royalties, fees
of Lands, Housing and Human Settlements and other charges) are paid into the national
Development. The Local Content Committees, Consolidated Fund, at which point they can no
called for by the Local Content Regulations, do longer be segregated as extractive revenues.
not have requirements for women members. This noted, there is a service levy charged to
Interviews with stakeholders indicated a very all corporations paid directly to the district
low level of legal literacy among both women council where the corporation holds its business
and men concerning the contents of Tanzanian license. The funds are to be used in funding
mining laws or regulations. district budgets and activities.
17Publish What You Pay
Districts are required to earmark 10% of all
revenues they collect directly for interest-free Key recommendations
loans to registered groups of women, youth
and persons with disabilities. The loans are
and conclusion
to be dispersed in the proportions of 40% for
women, 40% for youth and 20% for persons
with disabilities. This funding mechanism • Increase levels of legal literacy on extractive
is provided for by the Local Government industry and mining laws and regulations for
Finance Act. However, there is little reliable all women and men in extractive-affected
verification that these revenues are communities by providing local education
monitored, accounted for or systematically opportunities and sensitisation programmes
directed towards the loans, and significant that explain the content and effects of laws
amounts of this funding may go unplaced and regulations. These programmes should
and unspent on the loan programme. This be executed in ways that relate to women
noted, 102 women’s groups in the Geita and contextualises information such that it is
region received 466 million shillings (~ pertinent to their lives and livelihoods.
USD 200,000)1 from the loan programme.
However, there is no follow-up evaluation to • Improve women’s participation in the mining
assess how beneficial these programmes sector (as miners and as local content
are to women. providers), so that they can benefit from
opportunities created by extraction, and also
The annual budgeting process for villages/ generally improve their understanding of and
wards/districts requires participation input to extractives sector policies, laws and
from community members at each level. regulations.
Villagers, with support from district and
ward facilitators, suggest and prioritise • Local governance and extractive industry
community development projects. This at and mining laws and regulations should
least provides a precedent for budgeting better address issues of gender and women’s
and project input from local community participation in their requirements and
members, including women. However, objectives.
the Local Government District Authorities
Act fails to require women’s membership • Improve women’s representation on the
on Village Councils, District Councils, or National Mining Commission and its Local
Township Authorities. Content Committee by mandating more
aggressive quotas. With any increase in
women’s representation, take steps to ensure
that the levels of participation are active and
that women have a voice and influence in
agendas and decisions.
• Improve the administration of the district-
level interest-free loans programme, targeted
to registered groups of women, youth and
persons with disabilities. While these funds
are not borne of extractive revenue, improved
award, accounting and monitoring practices
HakiRasilimali field visit to communities living around ruby can better institutionalise women beneficiaries
mining sector to learn on how the community participates in
the mining value chain
at the local level.
18
1 Calculated in 2021Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
3. UGANDA
Pro-Biodiversity Conservationists (PROBICOU) hosts
PWYP Uganda and conducted the research and
analysis. The organisation focuses on biodiversity
conservation and sustainable development
through awareness raising, advocacy, research and
demonstration projects. PROBICOU works directly
with local communities, government, CSOs and
NGOs.
Scope of research
The Uganda research also focused more broadly on
women in the mining sector, addressing women in
The research
artisanal and small-scale gold mining (ASGM) and
focused more broadly on
artisanal and small-scale mining (ASM); women
as employees in large-scale mining; gender-based WOMEN
violence (GBV) in the context of mining; women’s in artisanal and small-scale
gold mining (ASGM) and
voice and control of income derived from mining;
artisanal and small-scale
expropriation of surface rights and a lack of FPIC, mining (ASM)
and other topics. The question of extractive revenues,
local funds’ distribution and use, and the inclusion
of women in informing and benefiting from local
funding was also addressed by the research. This
synthesis report limits its treatment of the Uganda A small amount of extractive
research to this narrower topic. The research revenue is collected locally,
consisted of a desk review and both quantitative primarily through taxes
and qualitative fieldwork. Fieldwork was conducted collected by sub-county
in the Moroto and Nakapiripirit Districts within the revenue officers on trucks
Karamoja region. In Moroto, the focus was on ASM, carrying minerals.
ASGM and small-scale limestone mining, while the
focus in Nakapiripirit was on ASGM. Quantitative data
was collected through surveys of male and female
artisanal miners or mining workers, and qualitative
data through focus group discussions and key
informant interviews.
19Publish What You Pay
Key findings
With regards to the transfer of extractive General’s 2018 analysis highlighted a significant
revenues, mining royalties are distributed to disparity between gold exports recorded by
the national consolidated fund (80%) and the Directorate of Geological Survey and Mines
to the local governments (districts) where (DGSM) and gold exports declared at customs.
mining occurs (20%). The majority (85%) of In the financial year 2016/2017, the DGSM
these locally-derived royalties are used by issued gold export permits for just over 16kg,
the district for its operating budget, with the while Revenue Authority records indicated
remainder (15%) being directed as payments that over 8,691 kg of gold had been exported
to landowners and lawful occupants displaced from Uganda. The larger amount represented a
from surface rights uses by mining operations. value of USD 339 million which translates into
However, these payments generally remain a loss of between USD 3.4 million and USD 17
undistributed – being paid only irregularly or million in royalty revenue (depending upon the
not at all - because they are payable by law applicable tax rate used).
only to those holding (or that held) formalised
land rights. Most smallholders of land in The revenue shortfalls are linked to a
Karamoja hold only informal/customary rights, combination of: non- or inadequate disclosure
with women holding fewer formalised rights on the part of mining companies; government
than men and thus being more likely to be system inefficiencies that lead to failures
excluded from compensation. There are also to collect revenues; a lack of independent
transparency and accountability issues with the verification; understaffing and consequent
reporting of royalty accumulations at both the poor inspection of mining operations; poor
national and local levels, and mining companies weighbridge infrastructure; difficulties
may be less than fully accurate in declaring full in identifying price points for calculating
quantity of materials declared for purposes of commodity values; and poor coordination
valuation and royalty calculation. between state ministries, departments and
agencies. The government also fails to collect
A small amount of extractive revenue is taxes, fees and royalties from the largely
collected locally, primarily through taxes informal ASM sector, with more than 90% of all
collected by sub-county revenue officers on national mineral production reportedly being
trucks carrying minerals. This local collection generated by ASM miners.
is subject to inadequate controls on the part of
District Revenue Officers and District Auditors. Once mining revenues enter the national
As a result, there may be revenue leakages as it consolidated fund, they cease to be regarded
is difficult to confirm either the number of trucks as mining revenue and are used to generally
passing through, or how much they are carrying. fund national and local government budgets.
Because of a lack of political participation and
Uganda foregoes billions of shillings in representation, a disadvantaged and unequal
potential revenue because of mining company social status, and a general lack of voice
tax avoidance schemes that rely upon non- and agency, women generally, women within
disclosure of accurate cash flows, the use of impacted communities, and women’s groups
tax havens, transfer pricing, false declarations, have little or no input into decisions made by the
and the nondisclosure of the beneficial national government on the allocation and use
ownership of mining corporations (Oxfam, of these centrally-collected mining revenue.
2015). In support of this contention, the Auditor
20Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
However, women at the local level may have specifically and on governance generally. This
some input on the use of nationally-collected deficit (also suffered by most men), combined
extractive revenues to the extent that they can with the lack of literacy and education, leaves
inform the use of those funds that are directed women in an isolated place. Third, most
to local budgets. This input would come from rural women in Uganda live within a social
the few women that attend and speak up at and customary situation where they are not
district meetings focused on budgeting: in the expected to be heard or to express opinions or
Moroto district, for example, women chair both preferences on many matters. Generally, when
the district’s gender and finance committees. it comes to control of resources (land, natural
Interviewees at the district level reported that resources, livelihoods proceeds), women are
local women can or could influence district often excluded from the discussion. When
expenditures by virtue of these women that are a community is able to voice an opinion on
active in district administration. In any event, resource uses, women are often absent, with
prioritisation of women’s assumed needs (if men typically being the voice of that community.
not preferences) may occur to a limited extent
because each district’s community development There is a lack of transparency and
department is tasked with taking gender into accountability surrounding mining revenues,
consideration when proposing inputs to annual along with a failure to meaningfully engage
district budgets. There was no information women at the national or local government
available on the extent to which these levels on the uses of these revenues. While
departments are successful in making gender Uganda has begun the process of implementing
a part of adopted budgets. However, district EITI, its candidacy application having been
budgets contain many items that are unrelated accepted in August 2020, it is still several years
to community development or to impacts or away from regular disclosure of extractives
costs suffered by men and women as a result data through the initiative. Uganda’s validation
of large-scale mining or ASM. According to the against the EITI standard will begin in April
research surveys, 53% of women said they had 2023, and it is now engaged in implementing a
no chance to participate in the allocation of preparatory work plan for 2021 and 2022 (EITI,
extractive revenues; about 65% of men said that 2020).
women have no chance of participating in the
allocation of extractive revenues. The gender requirements of the EITI Standard
provide an opportunity for the disclosure of
Three major areas of disadvantage and gender-relevant or sex-disaggregated data, as
deficiency contribute to women’s lack of entry well as for explicitly targeting women as a user
and ability to voice opinions on how extractive group of extractives data, including in relation
revenues might be spent locally in ways that to the allocation or use of extractive revenues.2
meet their needs and benefit their households. However, Uganda has done little to seize this
First, women are disadvantaged by their status opportunity in its stated EITI implementation
and situation. They frequently tend to have plans. The EITI Uganda work plan for July 2020
lower levels of literacy and education which through June 2022 includes a single generic
can cut them off from accessing a general gender scoping study aimed at “raising public
understanding of the extractive industries, awareness of gender issues raised in order
associated revenues and how the fruits to ensure that they are mainstreamed into
accruing from national natural resources should extractives governance.” Activities directly
benefit them and their communities. Second, related to EITI Standards 5 and 6.1 contain
women lack information on extractive revenue no reference to gender (EITI, 2020). A single
2 For more on the EITI gender requirements please see here https://
eiti.org/document/guidance-note-30-towards-genderresponsive-
21
eiti-implementationPublish What You Pay
scoping study on raising public awareness
of gender issues will not ensure that they are Key recommendations
mainstreamed into extractives governance,
which would require government and extractive
and conclusions
industry company awareness and related
specifically-designed activities. Toward this
end, discrete gender components should be
included within the many scoping studies listed • There should be improvement of the capacity,
in the work plan. coordination, formalisation of procedures
and accountability of the government at all
levels. Additionally, verification and auditing
of company disclosures and reporting on
earnings and volumes of minerals should be
more frequent and comprehensive.
• The government and companies should
improve their reporting on extractive revenue
payments, receipts and distribution at
the sub-national levels. There should be
local monitoring to confirm that extractive
revenue disbursals to local governments
are earmarked for community development
improvements decided on by local women
and men.
Karamoja women miners resting after crushing stone
• Companies should take advantage of legal tax
deductions by increasing social expenditures
through company-established trusts and
charities to improve company local impacts
and benefits. Similarly, urge companies to
maximise community impacts and to better
reach women and youth with funded projects.
• CSOs should expand their roles in: demanding
increased levels of transparency and
accountability; tracking extractive revenue
expenditures and funding outcomes;
advocating for transformational change in
social and customary gender norms; and
sensitising local governments in extractive
industry and extractive revenue laws
Karamoja women miners resting after crushing stone
and regulations, as well as on how local
governments could better solicit input from
women on the use of extractive revenues.
22Increasing women’s participation and voice in decision-making processes governing the allocation and use of extractive
revenues in sub-national budgets in Mozambique, Tanzania and Uganda
04
Lessons learned The lessons below can also apply to many other
countries across Africa and elsewhere because
and next steps women face similar barriers in much of the rest of
the world.
for stakeholders LESSON 1
Women’s social status restricts their
participation in decision-making on the use
of extractive revenues
Women in all three of the research countries
(and across Africa) face patriarchal customary/
social barriers that limit their ability to articulate
and voice opinions, exercise control over land and
natural resources, enjoy economic opportunities,
and shape and participate in national and local
government activities and programmes. These
social barriers are long-standing, deeply engrained,
and difficult to shift. As a result, women lack the
permission to engage, time and capacity to be
heard and to otherwise participate in decision
making or access benefits at the local level. While
these constraints certainly affect women at the
level of local extractive revenue use and benefits,
they also restrict women’s voices on the use and
enjoyment of land, natural resources and household
earnings. The country research made this clear. In
Mozambique, even under the prevailing matrilineal
land regime in the extractives region, women are
subordinate and lack decision-making power. They
are submissive within the household and resigned
to polygamous unions. In Tanzania, men are the
heads of households and hold most of the land
rights, which is the path to community participation
in discussions on land and resource use. Patriarchal
social perspectives in Uganda discriminate against
women when it comes to ownership of land, with
land rights being key to community voice and to the
right to compensation for the loss of land resources
to extractives companies.
23Publish What You Pay
In short, women’s voice and participation in most effectively shifted through socially
many matters is restricted by social status. contextualised sensitisation and efforts
This means that, even if they were invited to to show why improvements to women’s
join a meeting, to give an opinion, or to express status can also benefit those men and
a preference on a matter outside of their usual their families and communities. When
permissible ambit, they are limited by social women’s lives are improved, the lives of all
and customary realties that make it difficult or are almost always bettered as well.
impossible.
• Efforts to change social perspectives
Almost all of the lessons learned and possible should be an important part of every
next steps for reform link to and are driven by action taken to improve the situation
social perspectives and beliefs held by men, for women. For example, changes to
communities and women themselves. Similarly, laws to make them more favourable to
successful efforts to address the research women must be accompanied by efforts
findings that centre on government, the to change linked social perspectives.
private sector, laws, regulations, voice, agency, Actions to improve the way local
participation and economic empowerment government interacts with women must
should almost always also be directed to include measures aimed at shifting the
changing the widespread social beliefs that social perspectives of local officials
constrain and disadvantage women. and community members. Improved
reporting on extractive revenues should
Proposed next steps include features that drive changes in how
women are perceived and included. An
All countries and stakeholders: example would be reporting on whether
revenues benefit women, displaying to all
• In order to change these social and that women are regarded as important
customary patterns, the ingrained social constituents. Women’s social status
behaviours of women, men, and youth should be a part of the thinking that goes
need to change (see World Bank, 2014), into all efforts to advance women’s rights.
as does women’s capacity as they define
it – their own take on what is safe and
possible. Promising evidence from the
LESSON 2
land, agricultural and natural resources
Formal governance frameworks fail to
sector on working locally to change the
ensure women’s voice or participation
perspectives and behaviour of community
members on women’s agency and status
is beginning to accrue. Practitioners stress
that political change and collective action While constitutional mandates in Mozambique,
are also key to changing social behaviour Tanzania and Uganda are generally favourable
around women’s status (World Bank, 2014; to women, many other pieces of the governance
Resource Equity, 2020). framework do not expressly address the
reality that women are often excluded and
• Steady, informative and non- treated unfairly. While some extractives sector
confrontational steps to change policies mention the need to consider and
social viewpoints and behaviour are include women, we have seen that the laws
important. The perspectives of men and on extractive industries and revenues do
communities as a whole can perhaps be not explicitly require women’s participation
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