MINISTRY OF PETROLEUM AND MINING ARTISANAL MINING STRATEGY Artisanal Mining Strategy 2021-2025 Artisanal Mining Strategy (2021-2025) i Artisanal Mining Strategy 2021-2025 TABLE OF CONTENTS Artisanal Mining Strategy (2021-2025) .................................................................................................... i ACRONYMS AND ABBREVIATIONS ..........................................................................................................ii TRANSFORMING ARTISANAL MINING FOR IMPROVED LIVELIHOODS ...................................................ii PRIORITIZING ARTISANAL MINING – A CALL FOR ACTION .................................................................... 4 INTRODUCTION ........................................................................................................................................ 5 Guiding Principles ................................................................................................................................... 6 THEMATIC PRIORITIES ............................................................................................................................ 6 TIER 1 THEMATIC PRIORITIES .................................................................................................................. 7 Thematic Area 1.1: Artisanal Mining Data and Information and setting up of ASM Unit ................ 8 Thematic Area 1.2: Delineation and Land Access .............................................................................. 8 : Formation of recognized legal structures ....................................................................................... 9 Thematic Area 1.4: Issuance of Mining and Dealing Permits .......................................................... 10 TIER 2 THEMATIC PRIORITIES ................................................................................................................ 10 Thematic Area 2.1: Hazardous Chemicals .......................................................................................... 11 Thematic Area 2.2: Tailings Management ......................................................................................... 11 Thematic Area 2.3: ASM Operations Surveillance ........................................................................... 12 Thematic Area 2.4: Child Labor and illegal Mining Operations ....................................................... 13 Thematic Area 2.5: Environment, Mine Health and Safety ............................................................. 14 TIER 3 THEMATIC PRIORITIES ................................................................................................................ 15 Thematic Area 3.1: Value Addition and Marketing Support ............................................................ 15 Thematic Area 3.2: Training Support (Improved mining methods and techniques) ..................... 16 Thematic Area 3.3: Access to Finance .............................................................................................. 16 Thematic Area 3.4: Gender ............................................................................................................... 17 ANNEX 1: IMPLEMENTATION PLAN ......................................................................................................... I ANNEX 2: IMPLEMENTATION ACTION PLAN ........................................................................................... i i Artisanal Mining Strategy 2021-2025 ACRONYMS AND ABBREVIATIONS AMC Artisanal Mining Committee AM(s) Artisanal mining / miners ASM(s) Artisanal and small-scale mining / miners ASMN Artisanal and Small-scale Mining Network ASMU Artisanal and Small-scale Mining Unit ASMTC Artisanal and Small-scale Mining Technical Committee AMZ Artisanal Mining Zones CO County Offices CR County Representative of Directorate of Mining CS Cabinet Secretary DoM Directorate of Mines DMSHS Department of Occupational Safety and Health Services DGS Directorate of Geological Surveys DoSH Directorate of Occupational Safety and Health EARH East Africa Research Hub GEF The Global Environmental Facility GoK Government of Kenya AMS Artisanal Mining Strategy KCM Kenya Chamber of Mines K-EXPRO Kenya Extractives Program KIPPRA The Kenya Institute for Public Policy Research and Analysis KWS Kenya Wildlife Services LSM Large-scale mining ii Artisanal Mining Strategy 2021-2025 MCA Member of County Assembly MoA Ministry of Agriculture MoE Ministry of Education MoH Ministry of Health MoPM Ministry of Petroleum and Mining MSH Mines Safety and Health MRB Mineral Rights Board NAP National Action Plan NEMA National Environment Management Authority Agency SACCOs Savings and Credit Cooperative Societies SLO Social License to Operate SSM(s) Small-scale mining / miners SDM State Department of Mining ToT Training of Trainers iii Artisanal Mining Strategy 2021-2025 TRANSFORMING ARTISANAL MINING FOR IMPROVED LIVELIHOODS During the 2009 African Union Summit in Addis Ababa, Ethiopia, African Heads of States adopted the African Mining Vision. The Vision envisages, among others, a mining sector that harnesses the potential of artisanal and small-scale mining to stimulate local/national entrepreneurship, improve livelihoods and advance integrated rural social and economic development1. This follows the realization that the Artisanal mining sub-sector can act as a significant contributor to local economies and improved livelihoods. At the local level, the Minerals and Mining Policy, SessionalPaper No. 12 of 2016 as well as the Mining Act, 2016 recognizes and legalizes artisanal mining and calls for the government to facilitate the sector’s formalization process. In order to guide in the implementation of the law as well as the African Mining Vision, the government of Kenya, through the kind support of UK’s Department for International Development (DfID) has developed this artisanal mining Strategy. The strategy aims to pursue a progressive and continuous formalization of the Artisanal and small-scale mining (ASM) sector to maximize the micro and macro-economic benefits of the sector, and improve its social and environmental impact. The Artisanal Mining sector is a key contributor to both rural incomes and livelihoods. However, a number of key constraints limit its economic potential, including: informality, difficulties in attracting finance, limited business skills of ASMs, poor health and safety standards, a shortage of access to geo-data, and inefficient and environmentally damaging exploration, extraction and processing techniques. Addressing these constraints as part of a comprehensive strategy is essential to ensure that the value of the sector is efficiently harnessed for broad-based, equitable sustainable development. The focus of the strategy is the artisanal mining sector with underlying purposes of promoting its professionalization and transformation into small-scale mining operations. This position does not downplay the importance and value of artisanal mining to Kenya’s economy. Rather, it extends from the belief that technical improvements, implemented alongside an enabling legal and regulatory environment can bring increased value to stakeholders at all levels. Development of this strategy demonstrates the Government’s commitment to improved management and performance of the artisanal mining sector through the allocation of sufficient human, technical and financial resources for coordinated, consistent and ongoing programming. 1 Africa Mining Vision: “Transparent, equitable and optimal exploitation of mineral resources to underpin broad-based sustainable growth and socio-economic development” ii Artisanal Mining Strategy 2021-2025 Towards this end, the strategy has identified a number of key interventions to be implemented throughout its implementation period. ……………………………………………………. Hon. John K. Munyes, EGH CABINET SECRETARY iii Artisanal Mining Strategy 2021-2026 PRIORITIZING ARTISANAL MINING – A CALL FOR ACTION Artisanal mining is provided for in Section 92 to 100 of Mining Act 2016 and has in the past been practiced in Kenya over the years without adequate recognition in law. The subsector contributes to both rural incomes and livelihoods. This strategy is intended as the key government reference document for regulating the artisanal mining with a view of formalizing the subsector and enhancing its contribution. Five guiding principles, namely objectivity and impartiality, participatory approach and inclusivity, gender inclusivity, clarity and predictability, and transparency and accountability, underpin this strategy. The Government has identified three-tier thematic areas to be addressed during the implementation period. Tier1 thematic areas require immediate intervention and they include artisanal mining data and information, formation of recognized legal structure, such as businesses or ASM Association, Delineation and Land Access facilitation and Issuance of mining and dealing Permits. Tier2 thematic areas require intervention in the medium term and include Hazardous chemicals, tailings management, ASM operation surveillance, child labour and illegalmining operations and environment, health and safety. Tier 3 thematic areas requires long term interventions and include value addition and marketing support, training support access to finance and gender issues. …………………………………………… Mr. Andrew N. Kamau, CBS PRINCIPAL SECRETARY 4 Artisanal Mining Strategy 2021-2025 INTRODUCTION In 20172, the Mining and Quarrying sub-sector contributed 0.8% to GDP. However, the contribution of Artisanal Mining, being largely informal, is not captured within this contribution. Artisanal Mining (AM) has an estimated labor force of 140,000 miners supporting 800,000 people3. Notwithstanding the AM sub-sector’scontribution torural incomes and livelihoods, a number of challenges have limited its economic impact. These challenges include low access to credit facilities, use of hazardous chemicals in mineral processing, poor health and safety standards, inadequate geological data,and exploitation by middlemen. The Kenyan Artisanal Mining Strategy (AMS) seeks to address these challenges by implementing the Mining and Minerals Policy and the Mining Act with the main focus of formalizing Artisanal Mining. The development of the Strategy demonstrates the Government’s commitment to improve the management and performance of artisanal mining sub sector. This will be achieved through the allocation of sufficient human, technical and financial resources. The purpose of the Strategy is to provide an action plan for implementation of the mining and minerals policy, Mining Act, 2016 and attendant regulations. Additionally, the strategy will guide the Government in prioritizing interventions and allocation of resources for effective management of the AM sub-sector. Furthermore, activities outlined in the strategy will improve understanding of the sector and will inform policy, legislative and regulatory reform in the future. This strategy was developed through a consultative approach where major stakeholders were consulted with regards to interventions and activities that informs the strategy’s key pillars. These stakeholders included Government department/Agencies, County Governments, Artisanal Miners, Kenya Chambers of Mines, civil society organizations, the Mineral Rights Board (MRB) and other industry players. One of the main findings from the consultations was the recognition for a coordinated approach to the management of artisanal mining. This strategy, which will be implemented over a five-year period, demonstrates Government’s commitment to formalization of artisanal mining in Kenya. 2 Kenya Economic Survey 2018 3 ML Barreto et al., Economic Contributions of Artisanal & Small Scale Mining in Kenya: Gold and Gemstones, 2017. 5 Artisanal Mining Strategy 2021-2025 Guiding Principles The following guiding principles informed development of this Strategy. i. Adherence to the rule of law ii. Objectivity and impartiality in decision making, bearing in mind the complex nature of the Artisanal Mining; iii. Participatory approach and inclusivity of all stakeholders in decision-making and implementation; iv. Gender inclusivity in planning and implementation of activities to be carried out under the Strategy; v. Clarity and predictability in the regulatory framework; and vi. Transparency and accountability in regulating operations and compliance by miners. THEMATIC PRIORITIES The Government will focus its interventionson the priorities and interventions identified by this strategy. Indeed, it is against these priorities and interventions that resources shall be allocated during the implementation period. However, over the years, the thematic priorities are likely to change subsequent to the success and challenges of the first phase of implementation and in consultations with artisanal miners. The strategy has identified three tiers of thematic areas. Tier 1 includes areas that require immediate interventions, tier 2 are interventions that will be implemented in the medium term while tier 3 has identified interventions to be addressed in the long run. Further, this strategy will assist ASMs in regulatory compliance through enhanced interventions geared towards full compliance with the Act as provided for in Section 92 to 100. 6 Artisanal Mining Strategy 2021-2025 TIER 1 THEMATIC PRIORITIES Tier 1 thematic priorities are those identified as being of immediate importance and are therefore the primary focus of the strategy. For each of these priorities, the strategy provides a strategic objective and interventions to be carried out. Priority Thematic Areas Tier 1 – Formalization (i) Set up a specialized ASM unit in SDM ImmediateInterventions Artisanal Mining Data and Information (ii) Delineation and Land Access (iii) Issuance of Mining and Dealings Permits (iv) Formation of recognized legal structure, such as businesses or ASM Association (v) Issuance of mining permits 7 Artisanal Mining Strategy 2021-2025 Thematic Area 1.1: Artisanal Mining Data and Information and setting up of ASM Unit To ensure efficient implementation of the strategy a specialized ASM unit will be set up at SDM to Strategic Objective To guide in formalization of artisanal miners’ activities focus on implementation of ASM strategy. The team will be made up of members by from SDM and external facilitators with proven experience in the ASM field. The major cross cutting issue identified by in relation to developing effective interventions under this thematic area is unavailability of adequate data on artisanal mining operation. Intervention: Conduct a baseline study on ASM operations in Kenyaand setting up of the ASM Unit In order to comprehensively understand the artisanal mining sub-sector in Kenya, a baseline study has been identified as a major priority under this thematic area. The Ministry in collaboration with major stakeholders such as Kenya Chambers of Mines, Artisanal Miners Associations and County Governments will lead this study. The study envisages to cover the entire country but in the immediate term, priority will be given to the following counties; Kakamega, Migori, Taita Taveta, Kwale, Turkana, Kitui, West Pokot, Tharaka Nithi, Embu, Siaya, Kisii, Vihiga, Narok, Kericho, Kilifi and Nandi. Selection of these counties was based on concentration of artisanal mining activities as well as geographical distribution and intensity of mineral occurrences. Thematic Area 1.2: Delineation and Land Access Strategic Objective: To ensure government delineates areas reserved for artisanal mining and that miners obtain permits and operates within the legal framework. Majority of artisanal mining operations in Kenya take place on land that has been licensed mainly for prospecting and large-scale mining operations. In effect, majority of these artisanal miners do not have permits to cover their operations and this has led to emergence of conflicts between artisanal miners and mineral right holders. 8 Artisanal Mining Strategy 2021-2025 The Mining Act, 2016 provides the legal and regulatory framework for the licensing of artisanal miners. Building on this, the following interventions will be undertaken: i. Designate specific area(s) for artisanal mining permits through delineation ii. Liaise with large-scale mineral right holders to voluntarily set apart zones of their licensed areas to artisanal miners iii. Establishment of County Artisanal Mining Committees iv. Facilitate issuance of Artisanal Mining Permits : Formation of recognized legal structures Strategic Objective: To promote formation of legal structures and ASM associations for a coordinated approach to mining and mineral processing Kenya is well known for the cooperative movement in leading sectors of the economy such as Agriculture. There is a dearth of such associations in the artisanal and small-scale mining sector. The ASMs are also not members of the Kenya Chamber of Mines. The ASM sector will benefit from formation of associations and credit cooperative societies due to their legal nature as well as established operational frameworks. To address this challenge, the following interventions will be implemented. i. Sensitization of miners on the importance of joining hands and forming associations and credit corporative societies; ii. Partner with the Ministry of labour in formation of associations, registering the associations and capacity building members and officials on associate operations and benefits; and iii. Partner with credit providing organizations such as the Youth and Women enterprise fund in providing funding and credit facilities to groups to upgrade their production and processing capacities. 9 Artisanal Mining Strategy 2021-2025 Thematic Area 1.4: Issuance of Mining and Dealing Permits Strategic Objective: To issue Artisanal Mining Permits and Mineral Dealership Licences The Mining Act provides for the issuance of ASM mining permits by the Artisanal Mining Committees established pursuant to Section 94 of the Mining Act. Despite this provision, the committees have not been operational and as such ASM still operate outside the legal frame work. To address this challenge, the following interventions will be implemented. i. Operationalize the County ASM committees; ii. Facilitate the ASMs to apply for permits and Dealership licences to market their products within the realm of the law; iii. Facilitate the ASMs to comply with all necessary permits from other government agencies and county governments; and iv. Delineate areas reserved for ASMs within mining licence areas. TIER 2 THEMATIC PRIORITIES Tier two thematic priorities are those to be addressed in the medium-term plan. The priorities for Tier 2 are as shown in the table below Priority Thematic Areas Tier 2 – Monitoring and Control Medium- 1. Hazardous Chemicals Value Addition Term 2. Tailings Management Interventions 3. ASM operations surveillance (Including use of technology) 4. Child labour and illegal mining 5. Environment, Mine health and safety 10 Artisanal Mining Strategy 2021-2025 Thematic Area 2.1: Hazardous Chemicals Strategic Objective: To promote use of alternatives to hazardous chemicals in mineral processing Kenya is a signatory to the MINAMATA Convention on mercury4. The convention calls for reduction and where feasible eliminate the use of mercury, mercury compounds and emissions to the environment. Nearly all artisanal miners use hazardous chemicals especially mercury in mineral processing. To address these challenges, the following interventions will be implemented. i. Sensitization of miners on the dangers associated with mercury and mercury compounds use; ii. In the short -term, enforce safe use of mercury; and iii. In the long term, promote the use of alternatives to hazardous chemicals in mineral processing. Thematic Area 2.2: Tailings Management Strategic Objective: To promote safe processing of tailings Artisanal miners have been processing tailings from mining operations decommissioned in the early 1960’s. These tailings contain toxic chemicals and substances that expose miners to health hazards. The unsafe manner of working these tailings have resulted to erosion making them highly susceptible to failure and emitting dangerous chemicals to the surrounding water bodies. Additionally, traditional/customary methods of extraction adopted by the artisanal miners have also generated huge deposits of tailings. The disposal of these tailings causes land degradation, and also exposes miners and community to increased dust loading. To address these challenges, the following interventions will be implemented. 4 Minamata Convention on Mercury 11 Artisanal Mining Strategy 2021-2025 i. Mapping of tailing dumps from the decommissioned mines and securing the high-risk tailing dumps; ii. Promotion of safe extraction and disposal of tailings dumps; and iii. Rehabilitation of the abandoned mines. Thematic Area 2.3: ASM Operations Surveillance Strategic Objective: To utilize appropriate techniques and equipment to monitor ASM activities for compliance and enforcement Artisanal Mining is predominantly characterized by traditional mining techniques, which have low output capabilities leading to low return on investment. Further, the sector is not well monitored and this leads to illegal minerals trade and smuggling. The sector could also be used for money laundering and promotion of terrorism financing To address these challenges and risks, the following intervention will be implemented. i. Ensure close surveillance of ASM activities including profiling of beneficial owners of the operations; ii. Close collaboration with security sector agencies on production surveillance iii. Promotion of voluntary reporting mechanisms by ASM and communities around the mining operations; iv. Introduction and utilization of drones to monitor ASM sites and enhance county boundaries surveillance; v. Utilization of remote sensing to monitor ASM operations; vi. Research and adoption of suitable technology like block chain to improve transparency and mineral tracing along the value chain; and vii. Facilitation of enforcement officers to do their work. 12 Artisanal Mining Strategy 2021-2025 Thematic Area 2.4: Child Labor and illegal Mining Operations Strategic Objective To eliminate child labor in artisanal mining and processing activities According to Article 53 (d) of the Kenyan Constitution (2010) every child has the right to be protected from abuse, neglect, harmful cultural practices, all forms of violence, inhuman treatment and punishment, and hazardous or exploitative labor. Furthermore, under interpretation section of the Employment Act, 2012 (Cap 226), a child is defined as a person who has not attained the age of eighteen years. Section 56 (1) of the Act provides that “no person shall employ a child who has not attained the age of thirteen years whether gainful or otherwise in any undertaking”. Additionally, Section 56 (2) states that “a child of between thirteen years of age and sixteen may be employed to perform light work which is not likely to be harmful to be child’s health or development, and not such as to prejudice the child’s attendance at school, his participation in vocational orientation or training programs approved by the minister or his capacity to benefit from the instructions received”. It is worth noting that Kenya has ratified the International Labor organization (ILO) Convention (C182, 1999) Concerning Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor. Child labor places children at a disadvantage in accessing education and exposes human rights abuses including exploitation, violence and trafficking. However, in the Kenyan artisanal informal sector child labour is rife in mining and processing operations. To address these challenges and emerging issues, the following interventions will be implemented. i) Disseminate emerging best practices on a range of social dangers associated with child labor at the community and mine sites; ii) Establishment of linkages with relevant stakeholders such to ensure elimination of child labor in artisanal mining; and iii) Ensure compliance of the Kenya Constitution and other applicable laws and operationalization of ILO Convention. 13 Artisanal Mining Strategy 2021-2025 Thematic Area 2.5: Environment, Mine Health and Safety Strategic Objective: A sustainable, safe and healthy operating environment for artisanal miners and surrounding communities Health and safety hazards are a major issue in artisanal mining sector due to: i. Traditional/customary mining techniques that lead pit collapse, flooding, injuries and fatalities. ii. Exposure to occupational hazards such as high levels of dust, noxious chemicals, noise pollution leading to health complications. iii. Negative environment impacts such as water pollution, failure of tailing dumps, mud flows, landslide that leads to land degradation, polluted environment, human and animal fatalities. To address these challenges, the following interventions will be implemented. i. Encourage and provide linkages to fair trade, standards & certification initiatives: to create fairness and transparency in several stages of the mineral commodity chain, which incentivizes miners to employ environmentally responsible practices for a premium on the price of the gold they produce ii. Development of mine health and safety regulations; iii. Enforcement of regulations to ensure compliance; iv. Develop a sensitization Safety Manual and training of artisanal miners on safe practices and the safety guidelines and regulations; and v. Establishment of linkages with relevant government agencies and other stakeholders to ensure compliance of safety; 14 Artisanal Mining Strategy 2021-2025 TIER 3 THEMATIC PRIORITIES Tier three thematic priorities are those to be addressed in the long-term plan. The priorities for Tier 3 are as shown in the table below. Priority Thematic Areas Tier 3 – Support and enhancement 1. Value Addition and marketing support Long-Term Interventions 2. Training Support (Improved mining techniques) 3. Access to Finance 4. Gender Thematic Area 3.1: Value Addition and Marketing Support Strategic Objective: A streamlined, efficient and transparent minerals market system for enhanced benefit for all actors in the ASM mining value chain Minerals produced by artisanal miners and sold in their raw state do not attract high returns, thus there is need for value addition. Furthermore, the government has been losing revenue in exporting minerals in their raw state. The challenge faced by artisanal miners is getting fair prices for their minerals due to dominance of middlemen in the marketing chain. To address these challenges, the following interventions will be implemented. i. Set up a referral centre for mineral processing using new technologies and offer training and support to ASMs; ii. Sensitization and capacity building to miners on the importance of value addition; iii. Directly link groups/ cooperatives, gender-based groups with international markets/buyers; and iv. Promotion of research to adopt better methods of value addition. v. Facilitate access to open mineral markets; and vi. Facilitate formation of artisanal mining groups and Savings and Credit Cooperative Societies (SACCOs). 15 Artisanal Mining Strategy 2021-2025 Thematic Area 3.2: Training Support (Improved mining methods and techniques) Strategic Objective To facilitate Artisanal miners to access affordable credit facilities. One of the key challenges facing artisanal mining is the difficulty in accessing credits to undertake the mining operations. This is primarily due to fact that the miners do not have mineral rights (artisanal mining permits) over the areas they mine. To address this challenge, the following intervention will be implemented. i. Capacity building artisanal miners on improved mining methods, techniques and appropriate equipment; ii. Benchmarking with successful artisanal mining jurisdictions. iii. Encouraging large-scale mining companies to support ASM capacity building Thematic Area 3.3: Access to Finance Strategic Objective To facilitate Artisanal miners to access affordable credit facilities. One of the key challenges facing artisanal mining is the difficulty in accessing credits to undertake the mining operations. This is primarily due to fact that the miners do not have mineral rights (artisanal mining permits) over the areas they mine. To address this challenge, the following intervention will be implemented. i. Provide artisanal mining permits to organised groups; ii. Capacity build artisanal miners on financial management; iii. Sensitize artisanal miners on availability of credit facilities from government and private sector; and 16 Artisanal Mining Strategy 2021-2025 iv. Link artisanal miners with credit providers v. Facilitating ASMs with affordable credit facilities using geological information as collateral for loans vi. Encourage micro credit to lend to organized group of miners and communities vii. Facilitate training ion alternative livelihood projects; and viii. Inclusion of governance framework with respect to counties given they are host to ASM operations Thematic Area 3.4: Gender Strategic Objective An engendered artisanal mining sub-sector A significant number of women derive their livelihood from artisanal mining. However, there is limited technical and operation capacity to effectively implement gender mainstreaming, a factor that exacerbates the income disparity between men and women. With such a strong presence of women at mining site, few women are at decision-making and leadership positions which has largely undermined the potential for optimal benefits from the sector. This has led gender related barriers to poverty reduction, and sustainable development. Also, the informal nature of artisanal mining operations has exacerbated the vulnerabilities uniquely experienced by women especially regarding access to and control over economic resources such as land, capital, technologies and bargaining power as well as socio-cultural restrictions that impede their ability to exercise their voice in the sector. To address these challenges, the following interventions will be implemented. i) Eliminate barriers and enhance opportunities for meaningful participation of the women throughout the entire mining cycle in artisanal mining ii) Sensitization on gender mainstreaming and related policies across the entire mining cycle in artisanal mining iii) Provision of organizational and technical support to gender-based groups 17 Artisanal Mining Strategy 2021-2025 iv) Encourage/facilitate gender sensitive micro grant scheme open to mining cooperatives to formalize their activities 18 Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 ANNEX 1: IMPLEMENTATION PLAN TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE TIER 1 THEMATIC AREAS THEMATIC AREA 1.1 ARTISANAL MINING DATA AND INFORMATION To ensure efficient Setting up of a ASM Unit as SDM ASM Unit 2021 MoP&M implementation of ASM Strategy To ensure efficient and effective Data on: 2021-2022 MoP&M Conduct a baseline survey on ASM in coordination of  Nature of operations, organization, Kenya artisanal miners’ economic, social and environmental activities by having a impacts comprehensive  Land access and permitting database.  The use of mercury and mining of tailings  Mining methods and techniques  Mine, health and safety of operations Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE  Marketing of minerals  Mineral production and values  The prevalence of child labor THEMATIC AREA 1.2 DELINEATION AND LAND ACCESS Ensure artisanal Designate specific area(s) for artisanal  Designated area(s) reserved for artisanal 2021-2022 MoP&M, MRB, NLC, miners obtain mining permits miners County permits and operate Liaise with holders of large scale licenses  Relinquished area(s) or blocks by large Governments, within the legal to voluntarily relinquish part of their scale miners for artisanal miners framework. blocks to artisanal miners  Artisanal Mining Committee Establishment of Artisanal Mining  Formalized artisanal mining operations Committees at Counties Facilitate artisanal issuance of Artisanal Mining Permits Thematic Area 1.3 FORMATION OF RECOGNIZED LEGAL STRUCTURES Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE Sensitization of miners on associations 2021- 2022 and credit corporative societies; Partner with the Ministry of labour in 2021-2022 formation of associations, registering the associations and capacity building members and officials on associate operations and benefits Partner with credit providing 2021-2022 organizations such as the Youth and Women enterprise fund in providing funding and credit facilities to groups to upgrade their production and processing capacities THEMATIC AREA 1.4 ISSUANCE OF MINING AND DEALING PERMITS Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE To issue Artisanal Operationalize the County ASM 2021-2022 Mining Permits and committees; Mineral Dealership Licences Facilitate the ASMs to apply for permits and Dealership licences to market their products within the realm of the law; Facilitate the ASMs to comply with all necessary permits from other government agencies and county governments; and Delineate areas reserved for ASMs within mining licence areas. TIER 2 THEMATIC PRIORITIES THEMATIC AREA 2.1 HAZARDOUS CHEMICALS In the short -term, enforce safe use of A sensitized artisanal mining sector on the 2022-2024 MoPM, DOSH, mercury Sensitization of miners on the dangers of using mercury NEMA dangers associated with mercury and Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE mercury compounds use Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE In the long term, promote the use of New techniques for gold extraction alternatives to hazardous chemicals in mineral processing. THEMATIC AREA TAILINGS MANAGEMENT 2.2 Mapping of tailing dumps from the Tailing dumps identified and the high-risk 2021-2025 MoPM, NEMA, decommissioned mines and securing ones secured County Govts the high-risk tailing dumps Promotion of safe extraction and Safely managed tailing dumps disposal of tailings dumps Rehabilitation of the abandoned mines. Abandoned mines rehabilitated THEMATIC AREA ASM OPERATIONS SURVEILLANCE 2.3 Ensure close surveillance of ASM Ensure compliance 2022-2023 MoPM activities including profiling of beneficial owners of the operations; Close collaboration with security sector Ensure compliance Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE agencies on production surveillance Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE Promotion of voluntary reporting Ensure compliance mechanisms by ASM and communities around the mining operations; Introduction and utilization of drones to Ensure compliance monitor ASM sites and enhance county boundaries surveillance; Utilization of remote sensing to monitor Ensure compliance ASM operations; Research and adoption of suitable Transparency in mineral value chain technology like block chain to improve transparency and mineral tracing along the value chain Facilitation of enforcement officers to Ensure compliance do their work THEMATIC AREA CHILD LABOR AND ILLEGAL MINING OPERATIONS 2.4 Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE Disseminate emerging best practices on Artisanal mining free of child labor 2022-2023 MoPM, Ministry of a range of social dangers associated Labor and Social with child labor at the community and Protection, Ministry mine sites; of Interior and Coordination of National Government, County Government, Establishment of linkages with relevant An enhanced collaboration amongst relevant stakeholders such to ensure elimination government agencies and other stakeholders of child labor in artisanal mining; and Ensure compliance of the Kenya Constitution and other applicable laws and operationalization of ILO Convention. Thematic Area 2.5 Environment, Mine Health and Safety Development of mine health and safety A Mine health and safety regulations 2022-2023 MoPM, DOSH, regulations NEMA, County Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE Enforcement of regulations to ensure Safe mining practices compliance Deployment of technical officers to Technical officers deployed sensitize on safe practices, enforce and monitor mining activities Establishment of linkages with relevant An enhanced coordination amongst relevant government agencies and other government agencies stakeholders to ensure compliance of safety Reduced injuries and fatalities TIER 3 THEMATIC PRIORITIES Thematic Area 3.1 Value Addition and Marketing Support Set up a referral centre for mineral Use of appropriate equipment and value 2023-2025 MoP&M, County processing using new technologies and addition technologies Governments offer training and support to ASMs; Value Addition Centres Sensitization and capacity building to Reduction in export of raw minerals miners on the importance of value addition; Directly link groups/ cooperatives, New markets gender-based groups with international markets/buyers; and Promotion of research to adopt better Reduction in export of raw minerals Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE methods of value addition. Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE Facilitate access to open mineral New Markets markets; and Facilitate formation of artisanal mining Artisanal mining groups and cooperatives groups and Savings and Credit Cooperative Societies (SACCOs). THEMATIC AREA TRAINING SUPPORT 3.2 Capacity building artisanal miners on 2023-2025 MoP&M improved mining methods, techniques and appropriate equipment; Benchmarking with successful artisanal mining jurisdictions Encouraging large-scale mining companies to support ASM capacity building THEMATIC AREA ACCESS TO FINANCE 3.3 Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE Provide artisanal mining permits to 2023-2025 MoPM, County organized groups; Government, Youth Fund, Women Fund Capacity build artisanal miners on financial management; Sensitize artisanal miners on availability of credit facilities from government and private sector; and Link artisanal miners with credit providers Facilitating ASMs with affordable credit facilities using geological information as collateral for loans Encourage micro credit to lend to organized group of miners and communities Facilitate training ion alternative Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE livelihood projects; and Inclusion of governance framework with respect to counties given they are host to ASM operations THEMATIC AREA 3.4 GENDER Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2025 TIMELINE ENTITIES INTERVENTION (S) OUTPUT/OUTCOME RESPONSIBLE Eliminate barriers and enhance Equality and Equity on opportunities 2023-2025 MoPM, County opportunities for meaningful Government, participation of the women throughout Ministry of Public the entire mining cycle in artisanal Service Youth and mining Gender, KNCHR, National Commission for Gender and Equality Sensitization on gender mainstreaming Engendered instruments and programs and related policies across the entire across the mining cycle in artisanal mining Provision of organizational and technical support to gender-based groups Encourage/facilitate gender sensitive micro grant scheme open to mining cooperatives to formalize their activities Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2026 ANNEX 2: IMPLEMENTATIONACTION PLAN Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jun Activity -21 -21 -22 -22 -22 -22 -23 -23 -23 -23 -24 -24 -25 TIER 1 Artisanal Mining Data and Information Setting up of a ASM Unit as SDM Conduct a baseline study Delineation and Land Access Designate specific area(s) for artisanal mining permits Liaise with holders of large scale licenses to voluntarily relinquish part of their blocks to artisanal miners Establishment of County Artisanal Mining Committees Facilitate issuance of Artisanal Mining Permits Formation of recognized legal structures Sensitization of miners on associations and credit corporative Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2026 Activity Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jun -21 -21 -22 -22 -22 -22 -23 -23 -23 -23 -24 -24 -25 TIER 1 societies; Partner with the Ministry of labour in formation of associations, registering the associations and capacity building members and officials on associate operations and benefits Partner with credit providing organizations such as the Youth and Women enterprise fund in providing funding and credit facilities to groups to upgrade their production and processing capacities Issuance of mining and dealing permits Operationalize the County ASM committees; Facilitate the ASMs to apply for permits and Dealership licences to market their products within the realm of the Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2026 Activity Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jun -21 -21 -22 -22 -22 -22 -23 -23 -23 -23 -24 -24 -25 TIER 1 law; Facilitate the ASMs to comply with all necessary permits from other government agencies and county governments; and Delineate areas reserved for ASMs within mining licence areas. Operationalize the County ASM committees; TIER 2 Hazardous Chemicals Sensitization of miners on the dangers associated with mercury and mercury compounds use Promotion of alternatives to dangerous chemicals in mineral processing. Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2026 Activity Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jun -21 -21 -22 -22 -22 -22 -23 -23 -23 -23 -24 -24 -25 TIER 1 Tailings Management Mapping of tailing dumps from the decommissioned mines and securing the high-risk tailing dumps Promotion of safe extraction and disposal of tailings dumps Rehabilitation of the abandoned mines. ASM operations surveillance Ensure close surveillance of ASM activities including profiling of beneficial owners of the operations; Close collaboration with security sector agencies on production surveillance Ensure close surveillance of ASM activities including profiling of beneficial owners of the operations; Introduction and Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2026 Activity Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jun -21 -21 -22 -22 -22 -22 -23 -23 -23 -23 -24 -24 -25 TIER 1 utilization of drones to monitor ASM sites and enhance county boundaries surveillance; Utilization of remote sensing to monitor ASM operations; Research and adoption of suitable technology like block chain to improve transparency and mineral tracing along the value chain Child labor and illegal mining operations Disseminate emerging best practices on a range of social dangers associated with child labor at the community and mine sites; Establishment of linkages with relevant stakeholders such to ensure elimination of child labor in artisanal mining; Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2026 Activity Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jun -21 -21 -22 -22 -22 -22 -23 -23 -23 -23 -24 -24 -25 TIER 1 and Ensure compliance of the Kenya Constitution and other applicable laws and operationalizatio n of ILO Convention. Disseminate emerging best practices on a range of social dangers associated with child labor at the community and mine sites; Environment, Mine Health and Safety Development of mine health and safety regulations Enforcement of regulations to ensure compliance Deployment of technical officers to sensitize on safe practices, enforce and monitor mining activities Establishment of linkages with relevant government Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2026 Activity Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jun -21 -21 -22 -22 -22 -22 -23 -23 -23 -23 -24 -24 -25 TIER 1 agencies and other stakeholders to ensure compliance of safety TIER 3 Value Addition and Marketing Support Facilitate access to efficient, and transparent mineral markets Facilitate formation of artisanal mining groups and Savings and Credit Cooperative Societies (SACCOs). Directly link groups/ cooperatives, gender-based groups with international markets/buyers Sensitization and capacity building to miners on the importance of value addition Set up a referral centre for mineral processing using new technologies and offer training and support to ASMs Training Support Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2026 Activity Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jun -21 -21 -22 -22 -22 -22 -23 -23 -23 -23 -24 -24 -25 TIER 1 Capacity building artisanal miners on improved mining methods, techniques and appropriate equipment; Benchmarking with successful artisanal mining jurisdictions Encouraging large-scale mining companies to support ASM capacity building Access to finance Provide artisanal mining permits to organized groups; Capacity build artisanal miners on financial management; Sensitize artisanal miners on availability of credit facilities from government and private sector; and Link artisanal miners with credit providers Facilitating ASMs with affordable Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2026 Activity Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jun -21 -21 -22 -22 -22 -22 -23 -23 -23 -23 -24 -24 -25 TIER 1 credit facilities using geological information as collateral for loans Encourage micro credit to lend to organized group of miners and communities Facilitate training ion alternative livelihood projects; and Inclusion of governance framework with respect to counties given they are host to ASM operations Gender Eliminate barriers and enhance opportunities for meaningful participation of the women throughout the entire mining cycle in artisanal mining Sensitization on gender mainstreaming and related policies across the entire mining cycle in artisanal mining Ministry of Petroleum and Mining Kenya Artisanal Mining Strategy 2021-2026 Activity Jul Oct Jan Apr Jul Oct Jan Apr Jul Oct Jan Apr Jun -21 -21 -22 -22 -22 -22 -23 -23 -23 -23 -24 -24 -25 TIER 1 Provision of organizational and technical support to gender-based groups