Since early November, hundreds of illegal artisanal miners have been hiding in a 2.5-kilometre-deep mine in Stilfontein, about 145 kilometres southwest of Johannesburg, as South Africa intensifies its crackdown on illegal mining activities. The police have fully surrounded the site, threatening to detain anyone attempting to emerge. However, for most illegal miners, detention is not the primary concern, as the majority of them are undocumented migrants who would risk deportation if they left the mine. Alarmingly, in an effort to force the illegal miners to emerge, the South African government has largely prevented the provision of basic goods such as water and food by various on-site volunteers, risking the malnourishment and dehydration of the miners. Thus, amid the government’s rigid approach, the situation risks escalating, with at least one body having been recovered and hundreds of lives at stake as many of the illegal miners grow weaker, unable to leave the mine by themselves, which calls for an immediate change of the government’s strategy to prevent further loss of life.

Worrisomely, already at the beginning of the operation, minister Khumbudzo Ntshavheni emphasized the government’s harsh approach by declaring that it is “not sending help to criminals” but rather aims to “smoke them out”. Reasonably, her statement caused national and international outrage, with on-site volunteers such as Lebogang Maiyane arguing that the government does not “care about the impact on the right to life of the illegal miners”, describing the government’s strategy as “tantamount to murder”.  Thus, amid the growing pressure on the government, South African President Ramaphosa recently emphasized the police’s commitment to protecting the miners’ lives, stating that: “the police will carry out their duties and responsibilities to bring the illegal miners to the surface safely”. 

Essentially, the importance of ensuring the safety and survival of all miners in hiding, no matter their participation in illegal mining activities, must be emphasized. The aim to ‘smoke them out’ by depriving them of food, water and medicine for weeks, ultimately risking the death of hundreds, is absolutely inadequate and a serious violation of a human’s right to life. Eventually, several illegal miners who did exit the mine reported that many had started to eat toothpaste and vinegar to survive, which is extremely worrisome and highlights the need for a rapid reassessment of the government’s approach to combating illegal mining. Fortunately, the recent verdict of the Pretoria High Court officially prohibited the government’s blockage of basic services and its planned evacuation of the mine. Thus, the Court’s ruling clearly signalled that the government’s rigid strategy violates human rights and cannot be condoned, which is an important step towards protecting the lives at stake. 

Notably, throughout the past decades, South Africa has struggled with the emergence of illegal mining activities driven by the closure of hundreds of mines due to the high costs of extracting minerals. Ultimately, with roughly 6.000 abandoned mines across the country, criminal organizations started to exploit weak governmental oversight to engage in illegal mining activities. Notably, it is estimated that illegal artisanal mining constitutes approximately 10% of South Africa’s total gold production, resulting in around $1 billion in lost revenues annually. Hence,  to combat illegal mining activities nationwide, South Africa has launched ‘Operation Vala Umgodi’ (translated: plug the hole), which has resulted in over 14,000 arrests and the seizure of 5 million South African Rand as well as uncut diamonds worth 32 million Rand since December 2023. However, just as in Stilfontein, these missions often involved the death of various illegal miners, which raises serious concerns about the government’s willingness to sacrifice lives in its effort to reduce illegal mining activities. 

Thus, it is of utmost importance that the South African government ends its standoff with the illegal miners in Stilfontein and immediately gives them the possibility to exit the mine. Therefore, instead of pushing the miners into exhaustion and malnourishment, the police must ensure that on-site volunteers can conduct swift and safe rescue operations to prevent any further deaths. However, with no clear ending to the standoff in sight, it remains to be seen if and how the South African government is able to uphold its responsibility to protect human rights.