Background
The human rights of communities hosting mineral extraction operations in Ghana are being abused by mining companies, many of which are large foreign multi-billion-dollar companies.
The ‘UN Special Rapporteur on Toxics and Human Rights’ visited communities living near largescale mining operations in Ghana in 2022. He witnessed their living conditions and heard testimonials of their challenges including losing their lands, farms and livelihoods to large-scale mining companies; communities surrounded by mine tailings and stagnant water; contamination of farmlands and water sources by mercury, zinc and arsenic; sicknesses (coughing, rashes, nose bleeding, fatigue, respiratory problems, cancer); inadequate compensation; and very limited benefits to communities[1].
Thousands of rural communities across Ghana are impacted. Conflict threats emerge as communities, especially youth, demonstrate to claim their rights, risking personal safety and leading to injuries and deaths as mine security violate their human rights. Communities do not access justice systems due to costs and do not have safe platforms to demand their rights from duty bearers.
Free Prior Informed Consent (FPIC), a requirement of the ECOWAS Mining Directive and urged for by the UN Special Rapporteur, is not part of Ghana’s mineral licensing procedures, so communities do not have opportunities to oppose mining on their lands.
Ghana’s mining laws also do not ensure fair benefit sharing, as the Minerals Revenue Management Act (MRMA) has not been passed. Many communities feel deep hopelessness due to the lack of positive change over the decades.
Some of the rights that are abused include:
Right to a safe clean healthy and sustainable environment
Right to safe drinking water and sanitation
Right to self-determination, including the right to freely pursue their economic, social and cultural development, and where “in no case may a people be deprived of its own means of subsistence” https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
Right to free prior informed consent, protected by the above right to self-determination
Right to equality
Right to life, liberty, personal security
Freedom from torture and degrading treatment
Right to own property
Right to peaceful assembly and association
Right to desirable work and to join Trade Unions
Right to an adequate living standard for health and well-being including food
Right to participate in the cultural life of community
Freedom from state or personal interference in the above rights.
