The Africa Centre for Energy Policy (ACEP) has asked
government to domesticate the ECOWAS directive
on the Harmonisation of Guiding Principles and Policies in the mining sector.
The Harmonisation of Guiding
Principles and Policies in the mining sector are simply a set of rules which have
been formulated by the ECOWAS bloc to guide mining activities
in the region, by ensuring that mineral resources are harnessed for growth and
development in the sub-region.
Although government gazetted the directives in
2011, the Director of ACEP Dr. Mohammed
Amin Adam said government has not shown any seriousness in domesticating the directives
and other international and national mining laws, especially in the area of
enforcing free, prior and informed consent.
“Ghana has only gazetted the directive but we are yet
to domesticate it either by amending existing laws and providing for it, or by
developing and passing a new community protection law as Kenya is doing in
order to ensure that these communities are not directly or indirectly
affected,” he said.
One of the key principles of the directive is the
obligation placed on mining companies to respect the rights of local
communities, whereby companies shall obtain free, prior and informed consent of
local communities before exploration of minerals begins and prior to each
subsequent phase of mining and post-mining operations.
The companies are to also maintain consultations and
negotiations on important decisions affecting local communities throughout the
mining cycle.
Dr. Amin explained there are issues relating to resettlement,
adequate compensation and human rights abuses, and if communities do not have the
right to free, prior and informed consent then they are virtually left at the
mercy of decisions that are made by politicians and investors.
He added that since Ghana’s main aim is attracting
investors to the mining sector and these investors do not want impediments
which will hinder their smooth operations, the citizens suffer in the long-run.
“Both investors and government are hungry for mineral
resources and revenue to the detriment of the citizenry, especially the rights
of communities affected by extraction.”
Dr. Amin called on all who have a voice to let
government understand that even though revenues from mineral resources are
needed, it should not be at the expense of the communities’ rights.
“This is what underscores the relevance of having a
provision that allows the enforcement of free, prior and informed consent. If
communities are insisting that certain things must be done before any mining
project, or decide not to give their consent, then the investment will not be undertaken.”
Dr. Amin was speaking at
the launch of a project called ‘Our
Mineral Resources’, which aims at training a network of local community
people and equipping them with devices that can support community reporting on
violation of human rights, or other adverse socio-environmental impacts near
mining operations, by using new ICT solutions.
As a joint effort between
ACEP and WACAM Ghana -- a human rights and
environmental mining advocacy organisation, the project is also being support
by IBIS, a Danish non-governmental organisation, and the Danish International
Development Agency (DANIDA).
The
community reports will be published via social media and other platforms that
will become an informal grievance mechanism supported by a vertical web of civil
society and other stakeholder supporters linking up to the national and
international levels.
The
project is currently being piloted in two districts -- Asutsifi North in the
Brong Ahafo Region and Fanteakwa in the Eastern Region.
“It is expected
that supporting mining-affected communities through the innovative application
of new ICT to report violation of their rights, will influence mining companies
and government officials to be accountable to affected mining communities, and
mobilise national and global support for fair and responsible mining to the
benefit of the country,” said Associate Executive Director of WACAM, Hannah
Owusu-Koranteng. source:B&FT
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