CHARLES OHENE-AMOHCHARLES OHENE-AMOHVENUE: UEW (New Pavilion) WinnebaVENUE: UEW (New Pavilion) Winneba

14-10-2014 14-10-2014 October 2014

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TOPIC:

‘Mining and Environmental Rights in the Upper Denkyira

East Municipality, Ghana’

8120230011

MASTER OF PHILOSOPHY (MPHIL)MASTER OF PHILOSOPHY (MPHIL)

IN

ENVIRONMENTAL RIGHTS

THESIS DEFENCE14 October, 2014

Supervisor: Prof. Augustine Quashigah

February 182

Order of PresentationOrder of Presentation Introduction/Background to the Study Statement of the Research Problem Objectives/ Research Questions Significance of the Study Literature Review Methodology Presentation of Findings Conclusion Recommendations

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INTRODUCTION INTRODUCTION Mining is an important economic

activity which contribute significantly to the economy of Ghana.

The country exports a variety of minerals found in abundance in its geographically diverse regions.

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Objectives of the StudyObjectives of the Study

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To describe the nature of mining activities in Upper Denkyira East Municipality.

To examine the ways in which mining activities affect the environmental rights of the people in the host communities.

Cont.Cont.

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To explore the environmental rights concerns of the people in the host communities. To examine responses to the environmental rights concern in the Upper Denkyira East Municipality.

Research QuestionsResearch Questions

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How is mining carried out in the Upper Denkyira East Municipality?

To what extent has mining caused environmental rights violations in the Upper Denkyira East Municipality?

Cont.Cont. What are the environmental rights

concerns of the people living in Upper Denkyira East Municipality?

How does the government, institutions and other stakeholders respond to the environmental rights concerns of the people of Upper Denkyira East Municipality?

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Significance of the StudySignificance of the Study Will deepen awareness of the general public on the

activities of mining industry and its impact on environmental rights

Will bring out the violations that are perpetuated on communities affected by mining.

Study will assist government and policy makers with

suggestions to improve the state of human rights of communities affected by mining

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Review of Literature Review of Literature

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Topics Reviewed Topics Reviewed

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Methods of MiningOverview of Ghana’s Mining SectorThe Concept of Environmental RightsEnvironmental Rights as Human Rights Environmental Rights Violation is

Human Rights AbuseImpact of Mining on Environmental

Rights

Applicable HR Tools/Acts UsedApplicable HR Tools/Acts UsedDistrict/Municipal Assembly (Act 462); One core duty of the District/Municipal

Assembly is environmental management. Mining contracts should be made public.

The Commission on Human Rights and

Administrative Justice (CHRAJ) Act 456; This institution was created to protect human

rights including environmental rights.

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Cont.Cont.The Mercury Act, (PNDCL 217): This legal framework prescribes

punishment for small scale miners who do not observe good mining practices in the use of mercury

The Minerals and Mining Act (Act 703; Sections 72 & 73):

This important law spells out the rights and obligations of the holder of mineral rights and the terms and conditions upon which the grant of each mineral right should be made.

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Cont.Cont.Environmental Protection Agency (Act

490); Under the law, the mines are obliged to

prepare and submit their environmental action plans to EPA before operation

The 1992 Republican Constitution of Ghana:

The Constitution of Ghana is an important tool for the protection and promotion of human rights.

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Cont.Cont.The African Convention on the Conservation

of Nature and Natural Resources (1968): It sought to encourage individual and joint

action for the conservation, utilization and development of natural resources for present and future welfare of mankind.

The African Charter on the Rights and Welfare of the Child (ACRWC):

Article 15 of this Charter talks about Child Labour which could be seen on mining sites.

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Cont.Cont.The African Charter on Human and Peoples

Rights, (1991); Article 24 states that: “all peoples shall have the

right to a general satisfactory environment favourable to their development.

The Aarhus Convention (1998): It is a way of enhancing the environmental

governance network.

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Cont.Cont. Rio Conference on Environment and

Development (1992): Chp. 6 of Agenda 21, is entirely devoted to

protecting and promoting safe environment and human health conditions.

The Stockholm Declaration (1972): Principle 7 of the this calls on States to take

all possible steps to prevent pollution.

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Cont.Cont. The Convention on the Rights of the Child

(CRC, 1992) Article 24 refers to aspects of environmental

protection in respect to the child’s right to health.

The International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966)

In article 12 the ICESCR guarantees the right to healthy environment.

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RESEARCH RESEARCH METHODOLOGYMETHODOLOGY

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Research DesignResearch DesignExploratory Study

Mixed method approach to data collection.

Both quantitative and qualitative research methods

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PopulationPopulation

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In this study, the parent population is the people living in communities hosting mining enterprises or companies in the UDEM.

Sampling TechniquesSampling Techniques

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The method of sampling was a combination of purposive

and simple random sampling.

Selected Towns/ InstitutionsSelected Towns/ Institutions

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Community/Institution Respondents Percentage (%)Denkyira FosuDenkyira Badowa Denkyira Pokukrom Denkyira KyekyewereDenkyira AkropongDenkyira FantemanOpinion LeadersHealth Personnel UDEMAEPA Mineral Commission Security Personnel

1212121212121822222

1212121212121822222

Total

100 100

Research Instruments

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Instruments used are: •Questionnaire•Interviews•Observation •Focus Group Discussions.

Data Collection ProcedureData Collection Procedure

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•Tuesdays and Fridays were used .

•Two field workers were assigned to one village, and each was assigned to the administration of six questionnaires in interview format.

•A hand-held digital camera was used to capture the various scenes at the mining site.

•In-depth interviews were conducted with key informants, chiefs and elders and the UDEMA.

•Two focus group discussions were held with resettled communities and people living very close to the mine site.

Data AnalysisData AnalysisThe field notes, interviews and

transcriptions of the focus group discussions and in-depth interviews were coded and analyzed using Excel

The texts and transcribed messages are buttress with relevant pictures, tables and figures.

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Presentation of Findings Presentation of Findings

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VARIABLE FREQUENCY PERCENTAGE (%)GENDERMale 53 53Female 47 47MARITAL STATUSSingle 36 36Married 41 41Divorced 21 21Others 2 2EDUCATIONAL LEVELNo formal education 24 24Basic school 27 27Senior High/Technical 30 30University/Polytechnic/Diploma 13 13EMPLOYMENT CATEGORYFarmers & Traders 39 39Teachers 13 13Artisan & Mineworkers 21 21Unemployed 13 13Students 8 8Security & Health Workers 2 2Others 2 2

STATISTICS OF RESPONDENTS

Methods of Mining Methods of Mining

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Mining Methods Frequency Percentage (%)

Surface mining 100 100

Underground mining 65 65

Galamsey (Artisan) 100 100

Dredging 12 12

Not Aware 0 0

Impacts of Mining Impacts of Mining

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Effects of Mining Frequency Percentage (%)

Land Degradation 94 94

Air Pollution 86 86

Water Pollution 96 96

Noise Pollution 89 89

No Effect 4 4

Table 4.3: Negative Effects of Mining

Polluted Offin RiverPolluted Offin River

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Mining in the Middle of the RiverMining in the Middle of the River

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The State of River SubinThe State of River Subin

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Destruction of the Vegetation Destruction of the Vegetation and Farms and Farms

•Virgin Forest •Destroyed for Mining

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Breeding Grounds for Breeding Grounds for MosquitoesMosquitoes

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Common Diseases in UDEMCommon Diseases in UDEM

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Children are Exposed to Children are Exposed to DangerDanger

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Cont.Cont.

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Regulatory Agencies Regulatory Agencies

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Some Research Findings Some Research Findings Surface mining and the underground

method take place in UDEM.

65% of the surface mining activities in UDEM are done illegally.

There are evidences of environmental rights violations in mining communities in the UDEM.

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Cont.Cont. 67% said some households have been displaced.

Many mining operators in UDEM are now focusing their efforts on mining in the rivers and streams.

65% who had farmland mentioned that they were willing to offer their land for mining activities.

Noise from mining interferes with human wellbeing such as hearing, sleep and speech and can cause stress-related diseases such as hypertension.

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Cont.Cont.

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•The people of UDEM are not satisfied with responses.

Conclusions Conclusions Mining activities in the UDEM have resulted in

some positive socio-economic impact to the people.

It is abundantly clear that mining operations also associated with enormous environmental and social impact.

The effects of above problems have led to severe human rights violations in the UDEM.

There is high incidence of diseases like malaria, respiratory infections, skin diseases in the area.

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RecommendationsRecommendations The Government should overhaul the legal and policy

framework relating to minerals and mining.

Mining contracts should be made public. Fruit, water, fish and bush meat samples from UDEM should

be tested, in order to ascertain whether chemical used in mining are present in them.

Tree planting must be encouraged to speed up the repossession process of the land.

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Cont.Cont. Mining communities should be abreast with PNDCL

153, 1986 LI 1652 of 1999 mining and minerals amendment Act 703, 2006.

Stringent and rigorous efforts aimed at restoring degraded lands to its original state after mining activities should be intensified by the Companies.

The Government of Ghana in collaboration with the Ghana Minerals Commission should make conscious efforts to reduce the rate at which concessions are granted to mining companies in the country.

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The EndThe EndThank you for your attention.

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