|
issue
101
|
second quarter
2002
|
|
the gloom behind the glitter of ghana
mining
community rights and the tarkwa
experience
allan g. lassey
, third world
network africa
Developing countries are pursuing
direct foreign investment with growing
zeal. Over the past ten years, more than
forty African countries have made sweeping
reforms to their mineral sector investment
codes, relaxing investment laws and
policies to attract direct investment from
foreign miners. Ghana's mining sector is
trumpeted as the nation's largest foreign
exchange earner, contributing about 60
percent of total annual foreign exchange
earnings, and employing five percent of the
country's labour force. But there is
another, gloomier, side to this glittering
tale. The continuous growth of this sector
has brought enduring suffering, human
rights violations, humiliation and massive
impoverishment to the people of Ghana.
town personifies ghana mining
The town of Tarkwa is emblematic of
this experience. This Ghanaian gold mining
town is surrounded by the highest number of
mining companies in sub-Saharan Africa, if
not the world. Mining concessions occupy 70
percent of Tarkwa's total municipal land
area, to the detriment of the local
population's livelihood. Tarkwa hosts about
eight mining companies, including the
country's only bauxite and manganese
mines.
environment under assault
On 16 June 1996, after days of
torrential rains, the embankment of a
solution pond at the Tarkwa mine of
Teberebie Goldfields Limited collapsed,
releasing a poisonous torrent of cyanide
and other harmful chemicals into a river
upon which more than nine communities
depended for drinking, domestic and
agricultural use. As a result, more than
fifty acres of farmland was turned into a
wasteland of scorched plants. Attempts to
re-cultivate the land proved futile due to
toxins in the soil. Several persons who
came into contact with the water sustained
various degrees of injuries. The river's
aquatic life was also extinguished.
On 5 June 1999, a school boy lost his life
when he fell into an uncovered pit dug by
Ashanti Goldfields Company (AGC) at
Ayanfuri near Tarkwa. Unprotected pits like
this, which often fill with water and
become death traps, are common in many mine
concessions.
The requirement that mining companies
produce Environmental Impact Assessments is
now widely accepted, and the integration of
social reporting into this process is
gaining support, along with the need to
audit and monitor ongoing operations. These
are now requirements of all World Bank
projects. However, the reality is that
people in communities like Tarkwa, whose
lives are affected by the extractive
sector, have experienced even worse
suffering than in the "bad old days" of
mining. Injury to indigenous peoples is
escalating, as is their pursuit of
compensation from mining companies after
situations go unpredictably wrong.
human rights violated
The powerful transnational mining
companies that operate with minimal
restraints in Ghana have remodelled
themselves as ideal corporate citizens and
arbiters of human rights, which operate on
the cutting edge of
environmentally-responsible mining
practice.
In August 1997, Nkwatakrom, a farming
village of 45 houses near Tarkwa, was
completely demolished by
policemen and a group of thugs allegedly
hired by Ghana Australia Goldfields
Limited, now a subsidiary of AGC. Terrified
by the demolition, women and children took
refuge in the bush. A sleeping two-year-old
child was buried alive during the
demolition, but was later saved when the
raiders retreated. Personal effects of the
villagers were also looted. The immediate
cause of the raid was the community's
complaint about an offensive odour from the
river, the waters of which they depended
upon for drinking. The odour was caused by
human excreta discharged by the mining
company into the river.
In contrast to their well-manicured
images, Ghana's are among the most
criticized and most confronted mining
companies operating anywhere on the earth's
surface. They are clearly complicit in
human rights violations, they continue to
subvert Ghanaians' self-determination, and
they redefine human rights and
environmental criteria in their own
way.
In May 1998, Atuabo, a farming
community near Tarkwa was demolished to
make way for surface mining. A
team of armed soldiers and policemen
surrounded the entire village at dawn and
jolted residents out of their sleep. Before
they could register any protest, they were
all bundled into waiting vehicles with
their belongings and dumped at a new
settlement of one-room houses, one house
per family irrespective of the family's
size. The local people have also been
stopped from carrying out any agricultural
activity on their farmlands -- their main
source of livelihood. They are now
threatened with starvation and
impoverishment.
Ghana's constitution guarantees
fundamental human rights such as the right
to life, which entails the
right to enjoy a quality of life devoid of
human activities that have the potential to
mar or reduce that quality of life or deny
one's life altogether. It guarantees
respect for human dignity, and the right to
own property.
But to what extent are human rights
enjoyed by the people in communities that
are impacted by mining
activities?
resistance
On 29 April 1998, two community
members of Atuabo (in Tarkwa) who served on
a resettlement committee were arbitrarily
arrested by security personnel. Under
orders of the regional minister, they were
put before a community tribunal for
expressing views about resettlement issues
that diverged with the interests of
Goldfields Ghana Limited. These two
community members were considered an
impediment to attracting foreign direct
investment.
It is widely established that there has
been a
de facto
or
de jure
surrendering -- or calculated erosion -- of
governments' responsibilities to protect
public interest, especially in developing
nations. This began with World
Bank/International Monetary Fund structural
adjustments, through economic
globalization, and the relaxation of
mineral sector policies of entire
mineral-based economies. Against this
background of eroded regulation, Ghanaian
communities, particularly in Tarkwa,
nonetheless employ a variety of forms of
resistance to the human rights abuses
suffered through mining.
On 13 December 1999, a combined force
of armed soldiers and police went on a
rampage in a community near Tarkwa. This
attack was in retribution for a
demonstration community members had made
against South Africa-based Gold Fields
Ghana Limited for disrupting people's
livelihoods. This armed force shot and
wounded nine people, arrested anybody they
found, and destroyed property. Nobody was
spared; the elderly, women and the sick
alike were subjected to severe
beatings.
Community responses to corporate
violations of human rights in Ghana run the
gamut from street demonstrations involving
chiefs, to violent clashes, to a stack of
court cases lodged over the past six
years.
demonstrations
On 7 November 1996, forty-two
divisional chiefs of the Tarkwa traditional
area embarked on a demonstration to protest
surface mining in the area. Their forests
are being degraded at an alarming rate,
turning former evergreen glades into
grasslands pocked with huge craters. The
chiefs called for a moratorium on the
opening of new mines, and the closure of
irresponsibly-run mines in the Tarkwa
traditional area.
court actions
The extreme poverty in communities
affected by mining means that courts are
not a viable means of redress for most.
Nonetheless, a small number of successful
cases exist. For example, attempts by
Goldfields Ghana Limited to thwart demands
for compensation by two Tarkwa communities
backfired when a supreme court threw out
the motion. Inhabitants of the communities
had sued the mining company for forceful
ejection and destruction of their farmlands
and property. The court submitted that the
mining company had exhausted all procedures
for negotiations with the two communities
and ordered the company to pay
compensation.
negotiation
Compensation for affected houses,
farms and crops has always been a
negotiation issue between communities and
mining companies. Although some avenue for
negotiation exists, communities always
suffer intimidation and harassment from
mining companies. Currently, Normandy Gold
Ghana's planned mine in Kenyasi has been
stalled pending the outcome of negotiations
between affected communities and the mining
company.
role of state agencies
Wherever mining and social conflict
have occurred, state agencies have shirked
their responsibility to protect people's
rights and interests. Communities' critical
attitude toward state agencies on these
issues is unsurprising, and they often
cannot hide their resentment towards state
agencies.
"They described the entire process of
negotiations and subsequent relocation
exercises as executed in an atmosphere of
mistrust between the communities on one
hand and the mining companies and
government agencies including national
security agencies on the other hand. The
communities strongly believe that
deliberate, heinous, and collaborative
machinations were developed by the latter
agencies designed to harass, frustrate and
intimidate affected communities into
accepting packages woefully unsatisfactory
to them." (Akabzaa, 2000)
Furthermore, the complete lack of
coordination between the various state
agencies involved in social, economic and
environmental administration in Ghana gives
mining companies even more room to exploit
Ghanaians.
It is too soon and too simplistic to
characterize this struggle as one primarily
between the local people and the mining
companies. One must consider the wider
picture of the state's role toward its own
people.
confronting the “three d's”
Human rights violations in the
extractive sector include the deprivation
of land, the degradation of life-sustaining
resources, and the denial of community
self-determination. It is vital for us to
confront the threat posed by this
deprivation, degradation and denial – the
“three d's”.
Unfortunately, neither the industry's
leading pundits nor international agencies
are concerned with these trends. Instead
they now invite us to entertain their new
agenda, "stakeholder participation" aimed
at practicing something called “sustainable
mining.” This oxymoron of a concept is
highly alarming when it comes to human
rights in Ghana's mining sector.
It is time you and I began to reflect on
existing policies, and to fashion them in a
manner that takes account of the people's
concerns.
|
|
|