Mining becoming synonymous to ‘abuse of human rights’ in
Ghana
Masahudu Ankiilu Kunateh, Ghanadot
Accra, May 13, Ghanadot - Despite the
strenuous efforts of civil society groups,
coupled with the extensive media coverage on environmental and
human rights concerns, diverse forms of human rights abuses are
still persistent in mining communities in Ghana.
A recent research conducted by Ghana’s Commission on Human
Rights and Administrative Justice (CHRAJ), reveals evidence of
awful human rights abuses in mining communities, ranging from
widespread pollution of water sources, deprivation and loss of
livelihoods, excesses by security agencies and security
contractors of the mining companies.
Mindful of Article 36(1) of the 1992 constitution of Ghana which
stipulates: “All necessary action to ensure that the national
economy is managed in such a manner as to maximize the rate of
economic development and to secure the maximum welfare, freedom
and happiness of every person in Ghana and to provide adequate
means of livelihood and suitable employment and public
assistance to the needy”, the Commission in undertaking the
research acknowledged mining industry in Ghana as a major
contributor and player in national development.
However, the CHRAJ believes notwithstanding the industry’s
positive contribution to national development, its attendant
problems, challenges and constraints including human rights
abuses in mining areas, if not addressed holistically can
undermine the country’s democracy and threaten the benefits of
mining for socio-economic development of the country.
Indeed, CHRAJ is Ghana’s National Human Rights Institution,
established in October 1993 following the return to civil rule
to support the new democratic process and foster culture of
respect for fundamental human rights and freedoms in Ghana.
Specifically, the Commission is mandated, among others to
investigate complaints of violations of fundamental human rights
and freedoms, injustice, corruption, abuse of power and unfair
treatments of any person by a public officer in the exercise of
his/her official duties.
Thus, the Commission has the primary responsibility in the
country to protect and promote fundamental human rights of all
persons in Ghana.
The research revealed that state institutions with regulatory
and monitoring responsibilities for the mining industry have not
performed optimally due to capacity constraints.
The investigations spanned a year’s period, covering communities
in the Obuasi, Wassa, Bibiani, Ahafo, New Abirem and Bolgatanga
areas of the country.
In all, 42 communities were covered in the investigations in
four regions namely, Ashanti, Western, Brong Ahafo and Upper
East where major mining activities take place.
The research was necessitated by the consistent reports from
mining communities of serious violations of fundamental human
rights and freedoms in their communities.
The nature and degree of these rights abuses, the research
disclosed, vary in scale based on variety of considerations such
as the specific company operating in the area; the stage of
mining activities, proximity of community to mining and
processing facilities, the mining culture of local population;
whether one is dealing with large scale or small scale mining.
The research sought to critically examine the broad trends of
the human rights situation in mining communities and the
underlying reasons for increasing reports of human rights
violations in mining areas in the country.
Launched, at a Stakeholders Forum on the “State of Human Rights
in Mining Communities, the year-long study which commended on
March 19, 2007 specifically aimed at assessing the human rights
situation in the mining communities, examined the extent of
pollution of water bodies and causes of environmental
degradation as well as promoting cordial relations between
companies and mining communities.
However, a foremost aim of the research, in the long term, is to
find solutions to the problems of allegations of abuses of the
rights of people living in mining communities across the
country.
The report empirically showed evidence of widespread violations
of human rights of individual members of communities and
communities’ collective rights in some mining areas in the
country. Some of these identified violations have been profiled
for possible thorough follow-up investigations.
The Commission found evidence to conclude that there has been
widespread pollution of communities’, water sources, deprivation
and loss of livelihoods in the communities.
Several examples of excesses by the security agencies and the
security contractors of the mining companies were provided and
documented. Some of these excesses had resulted in serious
injuries and were sometimes fatal.
Major finding of the study included inadequate compensation for
destroyed properties, unacceptable alternative livelihood
projects, absence of effective channels of
communications/consultations between companies and communities,
excesses against illegal mining, health problems attributed to
mining, reckless spillage of cyanide and unfulfilled promises of
employing the local people in the mining companies.
The most serious complaints of abuses, the report indicated
that, came from communities within the operational areas of long
history of mining and least in those at mine development phase.
While, issues of excesses force against individuals and of
deprivation of livelihoods are more endemic in large scale
mining areas, child labour is absent in these communities but
very endemic in small scale mining areas.
Complaints of human rights violations were more prevalent in
communities affected by AngloGold Ashanti (AGA) operations in
Obuasi and Golden Star Resource (GSR) operations in Prestea and
Dumase, both in the Western Region of Ghana.
In many of these cases, the violations were against alleged
“galamseys” (illegal miners) encroaching upon concessions of
these companies.
Most mining communities attributed a variety of health problems
prevalent in their environment to mining activities. At Obuasi,
medical officers at the Bryant Mission and Obuasi Government
Hospitals acknowledged that some of the diseases prevalent in
communities in the periphery of the mine are in part
attributable to mining.
Common diseases suffered by community dwellers are skin, cheat
diseases including tuberculosis, diarrhea and malaria, as well
as typhoid.
To add up, communities located very close to centres of mining
activities like Anyinam claimed air pollution made them
experienced dizziness and headache.
Also, mining companies maintained that private security
personnel to protect their concessions and property from
encroachers and trespassers. Apart from the private security of
the companies, all the mining companies, with the assistance of
the government (various regional security councils) deployed
state security personnel, especially police and military
personnel to protect their property/concessions.
In the case of large scale concessionaries, there was evidence
that galamseys were harassed, and inhumanely treated often with
the help of state security.
The study found evidence to show that AGA Obuasi had engaged
state security and used guard dogs in its fight against the
encroachment of galamseys. The worse affected communities were
Sansu, Dokyiwa, Binsre, and Akatakyeso, where the investigation
team received individuals’ complaints.
Almost all the companies operating in the communities visited,
including Anglo Gold Ashanti, Abosso Goldfields Limited, Central
Africa Gold Ghana Limited and Bogoso Gold Limited had
established permanent posts in their concessions for the
military, the police or both. The Military/police operated from
these posts thus established by the companies on rotations
bases.
Incidents of police and military excesses occur in mining
communities. There were periodic exercises carried out by the
military/police code “Operation Flush Out” during which excesses
occurred.
The study assessed the state of human rights in the artisanal
small scale mining areas of Yale and Kadema, in the Upper East
Region as case studies.
The artisanal and small scale mining sector has a complex
structure. The existence of simmering conflicts was observed
among some of the actors.
On the whole, the report urged the government and the Ministry
of Health to urgently assess the overall health needs of rural
communities with a view to providing health care to these
communities in the most efficient manner.
The Commission recommended testing of fruit, fish and bush meat
samples from Obuasi, in order to ascertain whether chemical used
in mining are present in them.
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