MATABELELAND INSTITUTE FOR HUMAN RIGHTS

Bulawayo waste pickers have objected to the proposed Bulawayo City Council (BCC) Solid Waste Management Bylaw (2023) and the Environmental Management Bylaw (2023) due the bylaws’ failure to integrate waste pickers into the City’s environmental management and sanitation services sector.

The objections were presented to BCC at an engagement meeting between the local authority and waste pickers which was convened by Matabeleland Institute for Human Rights (MIHR). The objection was also sent directly to the office of the Town Clerk by MIHR.

Part of the reasons for the objections include:

1. On Proposed Solid Waste Management Bylaw (2023)
2. Section 13 on domestic refuse to be property of Council – is a direct extract from the 1979 bylaw and it is the clause that has been used to delegitimize and victimize waste pickers. We therefore recommend that the section be amended to incorporate waste pickers or there be clarity in the by-law on how the Director gives permission to interfere with domestic refuse.
3. Section 22 on industrial waste – we propose that may the clause also demand for waste management plans from industries and commercial companies such as wholesalers;
4. Section 23 (1) on event waste: may it also compel political events to submit a waste management plan just like sporting, entertainment, cultural and religious events;
5. Section 28 (6) on entry to waste disposal facility – the clause as it is may debar waste pickers who survive from the landfill site. We propose that the clause be edited and read “without the permission of the Director, no person other than an employee of Council and members of registered/recognized/organized waste picker groups….”
6. Section 32 (1) (d) on waste reduction and recycling – this section may disenfranchise the waste pickers. Waste pickers are picking for livelihood but the “profit” component of the clause is vague and may be a disadvantage to waste pickers. Either that needs to be clarified or it clearly exempt waste pickers so that it’s clear they are not affected.
7. Section 32 (1) (d) on waste reduction and recycling – because of the critical role of waste pickers in the City’s solid waste management, we propose that should they be compelled to register, may they be exempted for paying any fees to Council for registration. This will be the City’s recognition of the critical role of waste pickers in enabling the City to manage its solid waste. The waste pickers are already doing a service to the City.
8. Section 34 on Registration Certificate – if the Section also applies to registration by waste pickers (which we suggest it SHOULD NOT) we feel it will be too much a burden to demand that the same waste pickers who are enabling council by picking the waste which is illegally dumped and diverting large quantities of waste from the landfill to also pay. Our recommendation is that waste pickers should be exempted from any payment.

• On Proposed Environmental Management Bylaw (2023
• The bylaw is silent about community environmental groups/committees at various levels of the community including community, schools, etc. Establishment of community/local environmental groups/committees is a proven best practise in environmental management practise.
• The proposed Environmental Management Bylaw continuously mentions “Environmental Impact Assessments” the current rhetoric/language in development and environmental field recognizes the social component. We therefore recommend changing the language to “Environmental and Social Impact…”.
• Section 11 (3) we propose that the clause also compel the person to submit a costing of the proposed rehabilitation costs and also make an upfront rehabilitation percentage payment at the beginning of the project.
• Section 44: the term “invalid” is derogatory and we propose that the bylaw adopt a human rights term that does not discriminate.
• The bylaw does not have the schedule of levels of penalties for violating the Environmental Management Bylaw just as is indicated in the proposed Solid Waste Management Bylaw.

Conclusion

Matabeleland Institute for Human Rights (MIHR) has since 2020 been mobilizing and supporting Bulawayo waste pickers (majority 75% of whom are females) to speak-out on human rights and policy concerns that affect their work. The organization, being guided by its RAIL APPROACH strengthens agency and voice of the underrepresented waste pickers and also creates platforms for direct engagement with duty bearers.