MINING & ENVIRONMENTAL ISSUES IN GHANA

1. MINING & ENVIRONMENTAL ISSUES IN GHANA By: Kwesi Baffoe Intsiful. Public Interest Environmental Law Conference @ University of Oregon School of Law Eugene, Oregon (Feb 25 – 28, 2010).

2. Introduction: In Ghana every mineral in its natural state in, under or upon any land in Ghana , rivers, streams, water courses, the exclusive economic zone and any area covered by the territorial sea or continental shell is the property of the Republic of Ghana and vested in the President on behalf of , and in trust for the people of Ghana. ( Article 257 - 1992 Constitution) The Constitution also enjoins the state to take appropriate steps including the enactment of laws, to safeguard the national environment for posterity and to cooperate with other states and bodies to safeguard the international environment for purposes of protecting the wider international environment for mankind. (Article 36(9) – 1992 Constitution)

3. Minerals and Mining Act, 2006, Act 703 entreat holders of mineral rights to have due regard to the effect of mining operations on the environment and to take such steps as may be necessary to prevent pollution of the environment as a result of such mineral operations. (Sect 18) Based on these provisions of the Constitution, the Parliament of Ghana passed the Environmental Protection Agency (EPA) Act, 1994 (Act 490). Under this Act, the Agency among others is to issue environmental permits and pollution abatement notices to ensure compliance with any laid down environmental impact assessment procedures in the planning and

4. Execution of development projects, including compliance with existing projects. Pursuant to Act 490, the EPA has issued various subsidiary legislation dealing with issues such as environmental impact assessment, environmental audits and management plans. In 1994, the EPA in accordance with the National Environmental Policy (NEP) published the Mining and Environmental Guidelines meant to assist mining companies to operate in environmentally acceptable manner.

5. It is mandatory under the guidelines, for a new mining company to prepare environmental impact assessment(EIA) and for those already in operation to prepare environmental management plan(EMP) These are to ensure that modern, precautionary controls are incorporated into the design of new mining projects and to ensure self-assessment by companies.

6. Nature & Extent of Violations Various studies have revealed that mining companies are quick in in exercising their rights and enjoy benefits and incentives under various laws, they have however, not been quick in complying with their responsibilities under same laws Mining companies working in Tarkwa (Western Region) are guilty of the violation of the right of the local communities to clean and healthy environment. These violations include air pollution, water pollution , land and vegetation degradation , noise emissions and vibration from blasting.

7. A study of the social and environmental impact of mining in Tarkwa (Western Region) shows that the inhabitants suffer from various diseases such as malaria, pulmonary tuberculosis and various skin diseases. Major activities that impact on the communities and their environment are surface mining operations, waste rock and tailing dumps and sites of spent cyanide solution contaminant ponds.

14. Cyanide Spillage 1. It is reported that on 5th May 1998 as a result of structural defect in the cyanide containment pond a major spillage occurred which affected a host of communities including Dokyiwa, Ewiase and others all suburbs of Obuasi (Ashante Region). It is also reported that a report by the District Environmental Committee to enable the mining company carry out

15. remedial measures has disappeared from the offices of the District Assembly. In 2004 and 17/05/2006 there was cyanide spillage into a river which serve as a major source of drinking water for the inhabitants of Dumase in Tarkwa.( Western Region) Failure by the company to inform the community on time and the use by them had serious health implications such as stomach and skin disorders, death of fishes and destruction of farmlands.( Clients – visited them myself).

16. CEPIL is in court on this matter ( Nii Anyatai vrs. Golden Star Resources) There are also heavy metal concentration in areas of mining activities The following extract from the study on cyanide spillage sums up the extent of damage to the environment in Ghana by mining companies.

17. “ from the report of the District Environmental Team, fish ponds and cocoa farms were the most affected. The said cocoa pods which got submerged in the flood water got rotten, young trees got scorched and were the worse affected. Other crops affected by the spillage included cassava, maize, plantain, cocoyam, pineapples, pepper, tomato, okro, beans cowpea, banana trees and yam. The spillage also did considerable harm to fish. All fish ponds in the affected area lost their fish stocks, the report added. A visit by the affected villages by our team revealed that some of the villagers were suffering from skin rashes. These skin diseases have been attributed to the cyanide pollution, although no medical evidence was available to confirm this. Following the insistence of the Environmental Team, the company agreed to compensate the farmers but asserted that it is a goodwill gesture rather than admittance of guilt.

18. They offered to some complainants ( a paltry) GH¢ 46.00 ( $ 32) each as goodwill gesture”

19. CEPIL provides free court room representation for some of these communities. ( Nkwantakrom, Dumase, Terberibe, Abekoase etc) Bonte case – CEPIL vrs EPA, CEPIL vrs TOR CEPIL sometimes pay the filling and other court fees on behalf of the communities. Provided human rights education to most of the mining communities. Trained paralegals in some of the mining communities on various rights including the right to clean and healthy environment. Preparation of Mining and Forestry manuals for paralegals and rural communities.

20. Environmental Challenges Lack of stringent mining and environmental regulations coupled with the absence of strict enforcement of existing regulations, has left mining communities saddled with polluted environments that threaten their very existence. No provisions in the environmental laws and regulation granting the rights of communities.

21. The Constitution not expressly guaranteeing the rights of citizens to a clean and healthy environment. Lack of judicial precedent on litigating environmental rights. Problems of adducing evidence. Difficulty in obtaining expert opinion.

22. Lack of knowledge by the communities or affected persons of their rights. Inability of majority of the communities to pay for legal service. The courts are often situated far from the communities. Exorbitant court fees and filing charges.

23. Unwillingness of judges to handle, hear and determine matters of the violation of community rights. Lack of appreciation of public interest litigation. The use of legal technicalities to delay cases resulting in litigation fatigue by the communities. Attempts by the mining companies to influence the key members of the communities involved in cases.

24. Personal Challenges 1.Pressure from professional colleagues, family members 2. Attempts to influence CEPIL not to handle such cases or drop cases. Thank you pintsiful@yahoo.com