SMALL SCALE MINING IN AFRICA: GHANA ON THE HOT SEAT

ABSTRACT

Africa is enriched with many mineral resources and vegetation but is poor when it comes to environmental protection and sustainability. In an era where sustainable development is being echoed, it is appropriate to assess the various sectors that hinder environmental and sustainable development. Small scale mining is one of the many causes of environmental hazards in the African continent. Laws have been enacted to govern mining operations, but enforcement of these laws remains a major challenge in Africa. Assessment of the legal framework called for a review of the mining laws and support from all States to fight the environmental challenges posed by mining.

INTRODUCTION

Minerals underpin global development and are fundamental to the achievement of the 2030 Agenda on Sustainable Development and its Sustainable Development goals. Many countries in Africa including Nigeria, Zimbabwe, and Ghana engage in mining which serves as an economic development tool. Small-scale mining as compared to large-scale mining involves the use of simple machinery and equipment and is usually practiced in rural communities. The principle of sovereignty under international law has been largely applied in the mining regime as mining activities are governed by a State’s national laws. Though there are no international laws governing mining specifically, there are laws pertaining to the environment and the use of natural resources such as the Environmental Rule of Law of the United Nations Environment Programme which highlights environmental sustainability. This article will give an overview of the small-scale mining industry in Africa, using Ghana as a case study to reflect the practices of most small-scale mining practices across the continent. The paper will further conclude that though there are sufficient laws in place, enforcement of these laws must be improved. In addition, suggestions will be made as to how the small-scale mining industry can be improved to benefit the nation and the international community.

SMALL SCALE MINING IN AFRICA

Small scale mining takes place throughout the world, particularly in developing countries in Africa and Asia. About 8% of the African population depends on small-scale mining as most of the population is employed in the agricultural and mineral sector[1]. The small-scale mining industry is plagued with many problems including inadequate tools and machinery, lack of enforcement of regulations, corruption, and exposure to health hazards. This is not to mention the pollution of water bodies, destruction of forestry, and most importantly, displacement of community members. Any able-bodied person can engage in this labor-intensive activity. Women and children are seen in most mining sites, carrying water and other materials for the operation. There is however a concern for the security and health of these children who are exposed to such a harsh working environment. Ghana is one of the major countries involved in small-scale mining. In the subsequent sections, Ghana will be used as a case study to reflect the small-scale mining industry in Africa.

CASE STUDY; GHANA & SMALL-SCALE MINING

Ghana is well known for its mineral resources such as gold, salt, silver, limestone, and manganese. Approximately two-thirds of Ghana’s small-scale miners are engaged in gold production[2]. It is labor intensive and does not require the use of sophisticated machinery; rather it requires the use of simple hand tools such as shovels, axes, water pumps, and explosives. The area of concession for small-scale mining is not more than 25 acres of land. Owners affected by the acquisition of land for mineral extraction are compensated fairly by the holder of the mineral right for damage done to the land and crops[3]. 

Legal Framework

All minerals in their 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 shelf are not the property of the owner of the area, but that of the Republic and are vested in the President on behalf of, and in trust for the people of Ghana[4]. Initially, there were no laws governing small-scale mining until 1989 when PNDCL 218 was enacted. However, in 2006, all laws governing mining in Ghana were consolidated through the Minerals & Mining Act, 2006 (Act 703) which presented a more comprehensive legal framework. The key legislation regulating small-scale mining in Ghana is the 1992 Constitution, the Minerals and Mining Act, 2006, Act 703, specifically Sections 81 to 99, and the Minerals Commission Act, 1993, Act 450[5]. A  license for small-scale mining is only granted to a Ghanaian citizen who has attained the age of 18 years and is registered with the Minerals Commission[6]. This is to say, only citizens are entitled to engage in small-scale mining in Ghana. This has proven effective in securing livelihood for the citizenry, especially in rural areas. The duration of the license is not more than 5 years from the date of issue. This may however be renewed on expiry for a further period as the Minister may determine[7]. Due to the nature of small-scale mining, there is only one licensing regime, and mineral operators are not required to go through the processes of attaining a reconnaissance, prospective, and production license. There are offices established in mining areas by the Minerals Commission to supervise and monitor the operation and activities of small-scale miners. They are to advise and provide training facilities and assistance necessary for effective and efficient small-scale mining and facilitate small-scale mining associations.

ENVIRONMENTAL IMPACT & SOLUTIONS

Under Article 36(9) of the Constitution, 1992, the State has a duty to take appropriate measures needed to protect and safeguard the natural environment for posterity and shall also seek cooperation with other States for the purposes of protecting the wider international environment for mankind. Small-scale miners are to observe good mining practices, and health and safety rules and must pay due regard to the protection of the environment during operations[8]. Despite these legislations, there continue to be gruesome effects of the mining industry on the environment. The majority of small-scale mining operators in rural communities are not aware of the laws put in place and carry on their activities anyhow without supervision. Ghana faces environmental challenges causing financial losses, health problems, and loss of natural resources. Below are some of the challenges and suggestions to curb the extent of the effect of small-scale mining in Ghana.

• Before undertaking an activity for mineral rights, the holder of the mineral rights must obtain the necessary permit required from the Forestry Commission and the Water Resources Commission if the operation will affect water and forest. The Environment Protection Agency (EPA) was established in 1994 and is responsible for the protection of natural resources by granting environmental permits to prospective miners[9]. The agency has the authority to order any mineral operator to stop operations to rectify any shortfall before work is resumed. Unfortunately, these agencies with the potential to solve most of the challenges facing small-scale mining lack enough support from the government and other Ministries. The agency is poorly resourced and as a result, agents cannot conduct frequent routine checks on mining sites. For example, in October 2009 at the Ahafo Mine of Newmont Ghana Ltd, there was an incident of cyanide pollution, and the EPA was called to give a report of the extent of the pollution and the way forward. Due to financial challenges, it took the agency four whole days to arrive at the site, a time at which the harm caused had escalated beyond measure; about six communities had been affected[10]. The government must allocate enough resources to the EPA because it plays a very important role in securing a healthy and safer environment despite mining activities.
• Small-scale mining does not require a full-scale environmental impact assessment for a permit unlike in large-scale mining[11]. It is rather a simple manual process of issuing licenses. The permit which is granted after a successful completion of an Environmental Impact Assessment (EIA), shows that the license holder has acknowledged to return the land back its virgin state, educated the people in the community of the effects of the operations, and can compensate them by way of building infrastructures or otherwise. Small-scale miners are only required to compensate the owner of the land, and nothing is given back to the community at large. There is also no supervisory body to ensure that the chemicals used are properly distilled after the operation. Therefore, there is no commitment by the license holder to the people of the community. He destroys the concession and applies for another one without being held accountable. EIAs must be made compulsory for not only large-scale mining but also small-scale mining to ensure good mining practices.
• Since small-scale mining does not involve the process of reconnaissance and most operators cannot afford the cost of technology used to discover the amount of minerals, it is mostly a game of luck. The operator is not able to determine the number of minerals on the concession with his tools and the quantity of chemicals to use in the operation. In this regard, the effects of winning, mining, and producing minerals outweigh the returns sought from the minerals. The small-scale miner must bear the cost of compensating the owner of the land and getting the tools needed to mine. Usually, not many minerals are discovered. Hence, he does not get enough to pay the necessary taxes and cater for himself and his family. This is the reason for poverty in most mining communities. At times, the foreigners, mostly the Chinese who have sophisticated machinery and equipment buy the lands from the small-scale miners and give them a quota of production. Due to ignorance and persuasion, the miners readily give their concessions to these foreigners. More importantly, the land and vegetation cover are permanently destroyed only to get a small number of mineral rocks.
• Unlike large-scale mining where the license holder is held responsible for returning the land back to its virgin state, there are hardly such measures in place under small-scale mining. The district offices and regulators fail to do the necessary routine checks to ensure that the land after being explored is returned to its initial state. These abandoned sites which become death traps have led to most of the unfortunate accidents and deaths of community members.
• The community is also affected as they rely on the polluted rivers for drinking water, irrigation of crops, cooking, and other domestic activities. These rural areas are the main food basket of the country. This causes the production of poisonous vegetables and other food crops which will be distributed to every corner of the country. Animals are also poisoned and become extinct, affecting biodiversity and the ecosystem. Rivers and waterfalls which used to serve as relaxation spots and tourist sites in the country are now an eyesore causing the nation huge financial loss.
• One measure in place worthy of applause is that a small-scale miner shall not without the written permission of the Minister use explosives in an area of operation[12]. However, there are no enforcement agencies to arrest defaulters and deter other operators. This abuse of harmful chemicals has led to recent reports of child abnormalities and general health conditions. The use of cyanide and mercury have totally poisoned our water courses and streams accounting for strange diseases and increased death rates both at the community level and national level. Recently there was an introduction of ‘Gold Katcha’, a mercury-free gold processing equipment[13]. Such measures will help prevent the negative impact of such harmful chemicals on the land.
• Ghana has customary institutions where the lands are vested in chiefs and family heads on behalf of the people. These figures are supposed to be the custodians of their tribes and families, but they readily give out their lands to mining operators for personal gain. Farmers have also abandoned their farms and sold them or turned them into mining plots. This does not only affect personal security but also food, terrorism, and armed conflicts arising due to conflicts about ownership of the land.

CONCLUSION

In conclusion, small-scale mining could be a good source of livelihood for community members if done sustainably. Ministries, agencies, traditional bodies, and all citizens should work together to decrease the effects of small-scale mining on the environment[14]. The African Union and other international bodies should set up a specific legal framework and principles pertaining to mineral extraction and not remain silent in the face of enormous environmental degradation in the name of State Sovereignty.

Reference(s):

[1] Common Fund for Communities, Small scale mining in Africa: A case for Sustainable livelihood (Regional Workshop, 2008) foreword, pg 5

[2] Gavin Hilson, Imperial College Centre for Environmental Technology, ‘A Contextual Review of the Ghanaian small-scale mining industry’ (2001) pg 5

[3] Asare v Ashanti Gold Field Co & Others [1999-2000] 1 GLR 474-477

[4] Article 257(6) of the 1992 Constitution of Ghana

[5]N. Dowuona & Company, ‘Mining Laws and Regulation Ghana’ (2023) < https://iclg.com/practice-areas/mining-laws-and-regulations/ghana > accessed 20 March 2024

[6] Minerals & Mining Act, Act 703, 2006 s 83

[7] Minerals & Mining Act, Act 703, 2006 s 85

[8] Minerals & Mining Act, Act 703, 2006 s 93

[9] Section 18 of the Minerals & Mining Act, Act 703, 2006

[10] Kweku Ainuson, ‘Acquiring Water Rights in Mineral Operations in Ghana’ (2021) pg 309-310

[11] Environmental Protection Act, Act 490, 1941, s 2

[12] Minerals & Mining Act, Act 703, s 95

[13] N.Dowuona & Company, ‘Mining Laws and Regulation Ghana’ (2023) < https://iclg.com/practice-areas/mining-laws-and-regulations/ghana > accessed 20 March 2024

[14] CEPIL v Bonte Mines & Others, (2005-2009) Superior Court of Judicature