‘Withdraw mining licences’

Government should withdraw mining licences of mining companies engaged in cyanide spillage, Abraham Amaliba, a lawyer at the Centre for Public Interest Law (CEPIL), a rights-based NGO has said.

He called for the repeal of Section 17 of the Minerals and Mining Act which permits mining companies to divert, impound, convey and use water from rivers, streams, underground reservoirs or watercourses within the land granted as a concession.

The penalty imposed on mining companies for polluting water-bodies should take into account the quantity of fish killed. Other offences such as degradation of lands should attract a severe fine that would serve as a deterrent.

Government requested nearly US$5million in compensation from Newmont Gold Mining Limited for spilling cyanide at its Ahafo gold mine in October 8, 2009 -- which resulted in water contamination and fish mortality.

Mr. Amaliba was making a presentation in Accra at a two-day workshop organised by Third World Network and aimed at educating stakeholders on the developments in the country’s mining reforms.

Speaking under the topic “Policy Dialogue on Mining Reforms: Comments and Suggestions from Mining Communities-Kenyasi, Obuasi and Tarkwa”, Mr. Amaliba proposed: “Government should not have the sole right to determine which land should be leased out for mining purposes.

  “Land owners and community members should have a say as to whether their lands should be leased out for mining purposes. “Land use plans should be put in place so that “no-go areas” will be clearly demarcated, and settlements would be included in these areas where mining is prohibited.

“In any future law on mining, it is requested that government seeks the needs and concern of mining communities so as to input into the law.” Commenting on compensation, he suggested that in calculating the compensation to be paid for losing the use of water-bodies, and degradation of the land should be factored into the compensation package.

“Downstream effects should be included in compensation principles since mining sometimes deprives the community of the use of their only sources of drinking water.

“There must be free prior-informed consent of the landowners before any mining activity can take place. As owners of the land, they have a right to know the purpose for which their lands have been taken away from them -- and to either consent to it or refuse to consent to it.”

He explained that mining has not benefitted local people: rather, it has negatively affected communities -- citing pollution of water-bodies and the destruction of farmlands.

“Mining companies whose activities affect livelihoods should provide alternative sources of livelihood which are similar to what was destroyed by the company and also provide social amenities.

“Baseline surveys must be conducted by the Environmental Protection Agency to assess the health status of the people -- and the state of their buildings as well -- before concessions are granted.

“This will then be used by the community as evidence to approach the mining companies when the community is affected by the negative impact of the mining companies,” Mr. Amaliba emphasised.