Promoting Ghanaian Involvement in Mining: Urgent Call to Amend Minerals and Mining Act

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Mr. Augustine Niber, a Legal Practitioner and Executive Director of the Center for Public Interest Law (CEPIL), has called upon the government of Ghana to take immediate steps to amend the country’s Minerals and Mining Act of 2006, Act 703. His call aims to promote increased Ghanaian involvement in the mining sector, thereby enhancing benefits for the country and its people.

During a two-day paralegal training workshop held for selected mining community leaders in Northern Ghana, organized by the Transformation of Marginal Areas (TAMA Foundation) Universal in collaboration with CEPIL and funded by the Ford Foundation, Mr. Niber highlighted the need to review the current state of the Minerals and Mining Act. He argued that the Act, developed to attract foreign direct investment, is now at a stage where Ghana should focus on determining its own terms rather than enticing investors.

According to Mr. Niber, the current state of the Act allows for wholesale foreign direct investment in the mining sector, resulting in foreigners benefiting more from the country’s mineral resources at the expense of Ghanaians. He emphasized that the mining operations deny Ghana the much-needed benefits in terms of dividends, royalties, and more. He urged the government to urgently amend the Act to encourage Ghanaian investment and promote equity in the mining sector.

Mr. Niber proposed greater involvement of mining communities before leases are awarded to mining companies. By engaging communities before the leasing process, the government can address many mining-related conflicts experienced in the country. He emphasized the importance of making mining communities shareholders in the mining leases in their areas, considering their ownership of the lands.

The training was part of the implementation of the Natural Resource Accountability in Northern Ghana Project, “NaRAING II.” The project aims to establish Community Action Groups as community-level accountability structures to monitor and report on acts perpetuated by mining companies against the law, human rights abuses, environmental law violations, and more. The communities selected for the project represent various regions in Ghana.

Mr. Jonathan Adabre, the Operations Manager of TAMA Foundation Universal, stated that the training equipped participants with advocacy and communication skills to negotiate for better compensations and resettlement packages, empowering them to have a greater say in the mining sector.

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