Mrs. Owusu-Koranteng |
Human rights
and mining advocacy non-governmental organisation, WACAM, has called for a
review of Ghana’s mining law, because of its unfavourable nature towards the
country’s economic development and the promotion of human rights.
According to WACAM, the current law gives too much
freedom and opportunities to mining companies, allowing them to engage in
impunity, take undue advantage of mining communities as well as government in
the payment of taxes and royalties.
At a Tamale forum recently, WACAM Associate Director
Mrs. Hannah Owusu-Koranteng, presented a sample of a mining bill developed by WACAM
and other organizations to stakeholders working in Ghana’s environment and extractive
sector for validation.
The
aim for developing this sample mining bill was to mobilise Civil Society Organisations
(CSOs), mining communities and other stakeholders in the Northern, Upper East
and Upper West Regions of Ghana, to influence legal reforms in our mining
sector so as to reflect the guiding principles and policies of the ECOWAS Directives
on mining.
The forum also accorded stakeholders the opportunity
to influence reforms in addressing the limitations in the country’s mining law
by contributing towards the development of the sample mining bill.
The objectives of the forum were among other things, to
review the Minerals and Mining Act, 2006 Act 703; share with stakeholders the
content of the sample mining bill; and collate views from participants on the
sample bill.
Discussions on mining have always been
around revenues with little mention of environmental pollution, human rights
abuses and the potential loss of livelihoods associated with the mineral
exploitation. Most mining communities are limited in participating effectively
in the decisions of natural resource exploitation. Outbreak of violent conflicts often lead to brutalities meted out by
security agencies against host mining communities.
A miner engaged in environmental degradation |
“These conflicts have resulted because of the huge
gaps in the mining law, Minerals and Mining Act, Act 703, 2006 that protects
mining investment interest in line with the concept of extractivism as against
sovereign interest”, Mrs. Owusu-Koranteng claims.
These perceptions or otherwise, being held by the
WACAM Associate Director and other CSOs in the sub region, led to the adoption
of the ECOWAS directives on the guiding principles and policies in the mining
sector in 2009.
The Directives have important provisions such as the
Free Prior and Informed Consent Principle and the Polluter Pays Principle which
that compels mining companies to respect community rights and to improve the
management of natural resources of states if governments internalise the
provisions in the directives.
Thus, WACAM in collaboration with the Centre for
Public Interest Law and Centre for Environmental Impact Analysis and with support
from IBIS, Care Ghana and Ford Foundation are developing a sample mining bill
to influence legal reforms in Ghana’s mining sector to reflect the guiding
principles and policies of the ECOWAS Directives on mining.
The sample bill would be forwarded to government later
on for further dialogue and consideration, and when it is eventually accepted,
the bill would be sent to parliament to be passed into a new law.
WACAM is working in over seventy (70) mining
communities in the Country. Between 2009 and 2013, WACAM trained over 900
community people, 150 journalists and more than ten NGOs in the three regions
of the North where new mining companies are locating. From 2009 to 2013, mining
stories as reported by Journalists increased by 300 percent as against similar reports
between 2004 and 2008.