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Stakeholders Recommend Policy Reforms to Address Gaps in Ghana’s Mining Sector

A stakeholders’ engagement organised by the Centre for Public Interest Law (CEPIL) in collaboration with Wacam has recommended policy reforms to address gaps in Ghana’s mining sector.

The engagement, which took place on March 13, 2024, at Zeniel Oasis Hotel in Goaso, Ahafo Region, brought together 42 participants from various stakeholders, including government institutions, civil society organisations (CSOs), and mining communities.

It was aimed at discussing a policy brief by CEPIL addressing gaps and human rights violations in Ghana’s mining sector.

During the forum, participants identified gaps in existing laws, policies, and programmes governing the extractive sector. These included the lack of transparency in the licensing process, insufficient disclosure of beneficial ownership, and adverse environmental and social impacts of mining activities.

According to the policy brief, Ghana’s mining sector was governed by several laws, policies, and programmes, including the Minerals and Mining Act 2006 (Act 703), the Minerals and Mining (Local Content and Local Participation) Regulations 2020 (LI 2431), and the Minerals Income Investment Fund (MIIF) Act 2018 (Act 978). However, despite these regulatory frameworks, the sector continues to grapple with challenges such as environmental degradation, human rights violations, and revenue leakages.

To address these gaps, participants recommended several policy reforms, including the demarcation of mineable areas to enhance monitoring of mining activities, human rights education in mining communities before mining companies begin operations, and representation of small-scale miners on committees addressing galamsey.

Other recommendations included depoliticization and impartial implementation of laws and regulations to curb illegal mining, recognition of human rights, community interest, and land ownership rights, and the adoption of best practices from other African countries, such as mandatory human rights and community development plans in a participatory manner before mining rights are granted.

The stakeholders’ engagement also highlighted the need for capacity building for law enforcement institutions, addressing human rights violations in mining communities, and addressing gender-based violations and discrimination in the mining sector.

Participants also emphasised the need for safe and sustainable mining practices, as well as added value to minerals, rather than just focusing on tax revenues.

The policy brief was launched at the end of the meeting, and participants received copies. The engagement was funded by Oxfam, and CEPIL and Wacam have been advocating responsible mining practices in Ghana for over two decades.

Earlier, the Executive Director, Centre for Environmental Impact Analysis (CEIA), Dr. Samuel Obiri, highlighted the socio-economic impact of mining activities in Kenyasi, Ahafo Region.

He said there was widespread pollution of air and water bodies, loss of lands and livelihoods, human rights violations, and health hazards resulting from mining activities.

Dr. Obiri’s presentation focused on the natural science, social science, and human health impacts of mining activities. He showed a pictorial view of regions/towns endowed with natural resources, including gold, diamond, bauxite, and others, highlighting the vast wealth of minerals resources in Ghana. Unfortunately, this has not yielded the expected maximum benefits to the country but rather brought negative impacts on human health and environmental degradation as a result of irresponsible mining activities.

He commended CEPIL and Wacam for their advocacy efforts, which have created awareness of mining laws, policies, and human rights violations among mining community members. He urged stakeholders, especially duty bearers, to take their work seriously and enforce the laws and implement the policies in order to minimize the negative impacts of mining activities.

The second presentation, delivered by Lawyer Alhassan Iddrissu, focused on a policy brief addressing gaps and human rights violations in Ghana’s mining sector. The brief highlighted the policies in place to regulate the sector, including the Minerals and Mining Act 2006 (Act 703) and the Minerals Income Investment Fund (MIIF) Act 2018 (Act 978).

The brief also identified gaps in these policies, including lack of transparency in the licensing process, insufficient disclosure of beneficial ownership, and adverse environmental and social impacts of mining activities. Mr. Iddrissu emphasized the need for policy reforms to address these gaps and promote responsible mining practices in Ghana.

In his welcome address, the Executive Director of CEPIL, Mr. Augustine Niber, emphasised the importance of engaging stakeholders in discussions on the policy brief. He noted that mining activities affect everybody directly or indirectly, and that the benefits or negative impacts of mining activities depend on the policies that regulate the sector. He Niber also highlighted CEPIL’s 24-year experience in advocating for responsible mining practices and providing legal representation to mining communities and individuals affected by mining activities.

Mr. Niber stated that the engagement was necessary because of the key roles stakeholders play in the mining sector. He added that mining activities have negative environmental impacts, and that stakeholders must work together to address these challenges.

He welcomed all participants and urged active participation to help improve the policies.

For her part, the Associate Director of Wacam, Mrs. Hannah Koranteng, reiterated the need for a forum such as the stakeholders’ engagement to create awareness of mining policies and gaps. She emphasised that Ghana is blessed with vast mineral resources, but that mismanagement and poor governance have hindered the country’s ability to maximize benefits from these resources.

She noted that Wacam, in collaboration with CEPIL and other civil society organisations, has been working to create awareness on the abuse and human rights violations by mining companies, as well as gaps in the mining laws and policies. She emphasized that their advocacy activities have contributed significantly to enhancing responsible mining activities, minimising negative impacts, and promoting sustainable development.

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