Land Disputes in Ghana Mining Project 

Lead Researchers: Dr Gavin Hilson (project coordinator - Alumni), Dr Natalia Yakovleva(Alumni), Heledd Jenkins, and Louise Obara, of the BRASS Centre, with assistance from Dr. Frank Nyame and Dr. Thomas Akabzaa from the Department of Geology at the University of Ghana.

Background
This research came at a time when the global mining industry, in response to heightened global awareness of sustainability, environmental and ethical issues,  began to pay more attention to issues of corporate social responsibility (CSR). A number of factors contributed to CSR becoming a priority concern for the mining sector, including the finite nature of non-renewables, the diverse environmental impacts associated with their extraction and use, the economic importance of primary extraction industries in some countries, conflicts with indigenous peoples, and the social and environmental impacts on local communities associated with mining activities.

In their efforts to embrace CSR, mining companies are challenged with balancing the diverse demands of communities, the environment and the economy. In doing so, companies must identify the interests, concerns and objectives of various stakeholders (including national, regional government, local authorities, indigenous people, local communities, employees and competitors) and address their often-varying needs 1. This has proven most difficult in the developing world, where political instability, a lack of government presence, impoverished regulations, and low levels of monitoring have put the onus of responsibility on mining companies to ensure that positive relations with communities are established and maintained.

In recent years, a number of multinational mining corporations have rapidly expanded their operations into rural reaches of the developing world, attracted by highly-liberalised investment regimes 2. As a precondition for securing World Bank and IMF loans, recipient governments in mainly developing countries have had to divest state mineral assets, privatise large-scale mining operations, and implement favourable mineral taxation and investment policies. Under liberalisation, amicable relations with indigenous communities have become a priority concern in the mining sector 3, which has become a major area of focus in discussions on globalisation.

Ghana is one such country that has undergone a lengthy structural adjustment programme under the auspices of the World Bank. Reforming the mining sector was seen by the World Bank as a key factor in attempts to alleviate the economic crisis in Ghana at that time. Since the mid 1980s the Government has privatised its large-scale mining sector, attracting over $4 million in foreign investment for the development and expansion of large-scale gold mining and explorations activities alone 4. It has also legalised small-scale mining, implementing a streamlined licensing process in 1989 for indigenous grassroots operators (see Diagram 1). In response to the nation’s escalated levels of unemployment, several small-scale mining communities – comprised mainly of individuals carrying out illegal mining activities without licenses – have surfaced, operating alongside the country’s large-scale mining companies and licensed small-scale miners. It is estimated, for example, that as many as 85 per cent of the country’s artisanal and small-scale gold miners are galamsey who, for a number of reasons, have opted to remain unregistered 5. The rationales for this are varied and include
“insufficient institutional support, complications with the registration process, and the presence of uncooperative large-scale mining companies” 6
The ensuing rapid influx of large-scale mechanised mining activity, and concurrent efforts to formalise and regularise artisanal and small-scale mining, have led to disputes regarding land rights, access and resources between large-scale mining companies, small-scale miners and the Ghanaian Government (see Diagram 2). The Western Region of Ghana - the location of 50 per cent of the country’s gold mines – has been especially prone to these disputes, resulting in heightened tension in the area. Thus, one of the more serious CSR policy challenges faced by governments in mineral-rich developing countries, Ghana included, is the equitable resolution of disputes between small-scale and large-scale miners.
The disputes and tensions between the Government, large-scale mining companies and small-scale licensed/illegal miners have been well documented in the literature, yet their causes continue to be poorly understood. This project seeks to explore these complex relationships in order to understand and critically assess the illegal mining debate in Ghana. Furthermore, analysis of the data collected in Ghana will provide much- needed generic information relating to large-scale mining by multinational companies based in developing countries. To date, many of the studies carried out on CSR in the mining sector have focussed on companies operating in developed countries, such as Canada, US and Australia 7. Of the minimal research that has been conducted in developing countries, the majority has occurred post-incident/mine closure; therefore, there is a need for an assessment of the performance of segments of the mining industry in developing countries.
Diagram 1: Registration process for miners in Ghana
 
Diagram 2: Context and actors of land use issues
 
1 Guerra, M.C.G. (2002), ‘Community Relations in Mineral Development Projects’. The CEPMLP Internet Journal, 11:1-31
2 Warhurst, A. and Insor, R. 1996. Environmental issues for developing countries arising from liberalized trade in the mining industry. Natural Resources Forum 20(1): 27-35.
3 MMSD (Mining, Minerals and Sustainable Development Project) 2002. Breaking new ground: mining, minerals and sustainable development: the report of the MMSD Project. Earthscan, London.
4 Hilson, G., Potter, C. 2003. Why is illegal gold mining activity so ubiquitous throughout rural Ghana? African Development Review 15(2): 237-270.
5 ibid
6 Ibid pp265-266
7 see Annandale, D. (2000), ‘Mining company approaches to environmental approvals regulation: a survey of senior environment managers in Canadian firms’. Resources Policy, 26(1): 51-59, Warhurst, A and Mitchell, P. (2000), ‘Corporate social responsibility and the case of the Summitville mine’. Resources Policy, 26(2): 91-102, Martinez-Alier, J. (2001), ‘Mining conflicts, environmental justice and valuation’. Journal of Hazardous Materials, 86(2): 153-170, Moore, S.A., Jennings, S and Tacey, W.H. (2001), ‘Achieving Sustainable Natural Resource Management Outcomes on the Ground: the Key Elements of Stakeholder Involvement’. Australian Journal of Environmental Management, 9(2), Cragg, W and Greenbaum, A. (2002,) ‘Reasoning about responsibilities: Mining company managers on what stakeholders are owed’. Journal of Business Ethics, 39(3): 319-335.

Aims/Objectives/Key Questions
The purpose of the research was to understand and critically examine the nature of illegal mining in Ghana, and assess the viewpoints of a range of actors, including small-scale illegal miners (referred to locally as galamsey), large-scale miners, Government officials and the NGO community.
The research had a strong interdisciplinary focus as it combined issues of commercial CSR, economic policy and development and sustainable development with human rights, environmental protection and local community issues. The research also had an international dimension given the dominance of multinational companies in the mining industry.

The research and its findings provided much-needed knowledge regarding large-scale mining by multinational companies based in developing countries. Previous studies carried out on CSR in the mining sector have focussed on mining companies in developed countries; therefore, this project enhanced understanding of companies involved in large-scale mining in developing countries.

The purpose of this research wass to understand and critically examine the nature of illegal mining in Ghana. The research sought to solicit and critically assess the viewpoints of a range of actors on the illegal mining debate, including galamsey, large-scale miners, Government officials and the NGO community, with the aim of identifying sustainable policy solutions. The objectives of the work were as follows:
1. To improve understanding of the nature of the illegal mining problem in the Western Region and Ghana as a whole, its causes, and the measures being taken by the government and galamsey to regulate operations.
2. To obtain the perspectives of galamsey and registered small-scale miners on these issues, and to develop a broader understanding of the challenges they face.
3. To gain the perspectives of policymakers on the regulatory nature of the debate, including what procedures can be taken to legalise small-scale operations, and what additional measures can be taken to preserve amicable setups where they exist.
4. To critically assess and compare the different approaches taken by large-scale miners operating in the Western Region toward galamsey communities, and community development as a whole.
5. To examine the wider socio-economic implications of the impending closure of the Western Region’s illegal mining camps.
6. To evaluate the community development plans/activities of large-scale mining companies operating in Ghana, and their contribution to corporate and community sustainability.
It is also envisaged that this project will provide the necessary foundation for BRASS to conduct further research on the mining industry. Possible future projects will have a strong interdisciplinary and international focus.

Methodology
 The objectives of this research are designed to scope the nature of the illegal mining debate in Ghana and will emphasise the collection of stories from relevant government officials, large-scale mine officers, and importantly, a diverse group of galamsey for the purpose of accessing a range of informative perspectives. The research posits that consultation with each party is the key to improving understanding of the nature of the current debate. The research methodology adopted will, therefore, be based exclusively upon qualitative approaches, and interviews with a range of actors in Ghana will be conducted. A questionnaire will be developed to assist the semi-structured interviews and will feature open-ended questions. This data will then be analysed to critically assess the main objectives of the research.
To critically assess and compare the different approaches taken by large-scale miners towards galamsey communities, and community development as a whole, two mining companies in the Western Region of Ghana have been selected for the research. These sites were deemed suitable for the research as disputes between large-scale mining companies and illegal miners have been documented; furthermore, at each of the locations, there is widespread acknowledgement that presiding companies have invested in grassroots/ livelihoods projects.
Additionally a range of secondary material will be collected and analysed throughout the course of the project. A literature search and review relating to the mining situation in Ghana, and further afield, will be conducted with an inter-disciplinary focus, for example political, sociological, legal, economic and other fields will be considered. Also, due to the nature of the research, a significant amount of secondary material will be collected, and subsequently analysed, during the fieldwork (hyperlink to next section) stage of the project, for instance community development plans of the large-scale mining companies visited, or relevant reports and literature provided by Government officials and NGO members interviewed.
Field Work
The research will be carried out by Dr Gavin Hilson, Natalia Yakovleva, Heledd Jenkins and Louise Obara of the BRASS Centre, in collaboration with Frank Nyame and Thomas Akabzaa, Department of Geology, University of Ghana. The fieldwork will be conducted in two phases.
Phase 1
During the initial phase of the research interviews will be carried out with galamsey at the two study sites, as well as the mines warden and district officer based at the mining district centre in the region.
Interviewees will be probed on the small-scale mining licensing system, the nature of informal agreements with large-scale miners, government extension and possible ways forward. Meetings will also be held and interview dates confirmed with the actors scheduled for interview for Phase 2.
Researchers: Dr Gavin Hilson, Frank Nyame, Thomas Akabzaa
Phase 2
During the second phase of the research interviews will be carried out with Government officials, mine managers and non-governmental organisations in Accra (the Ghanaian capital) and at mining sites.
These individuals will be asked their expert opinion on land rights, the appropriateness of existing small-scale legislation, how to eradicate illegal mining, ways to improve the legalisation of artisanal operations, and how to improve relations with miners on-site.
Researchers: Dr Gavin Hilson, Natalia Yakovleva and Louise Obara
Outputs
• Hilson, G., Yakovleva, N. (2007) Strained relations: a synthesis of perspectives on the mining conflict in Prestea Town, Ghana. Political Geography, 26 (1) pp. 98-119.
• Hilson, G., Yakovleva, N., Banchirigah, S.M. (2007) "To move or not to move": reflections on the proposed resettlement of artisanal miners in the Western Region of Ghana. African Affairs (In press).
• Hilson, G., Yakovleva, N. (2006) Strained relations: a critical appraisal of the mining conflict in Prestea Town (Ghana), BRASS Working Paper No. 34.
• Jenkins, H. & Obara, L.J. (2006) "Corporate social responsibility in the mining industry - the risk of community dependency". Paper presented at The Corporate Responsibility Research Conference, Dublin, September 4-5, 2006.
• Obara, L.J. & Jenkins, H. (2006) "Land use disputes in Ghana’s mining communities: developing sustainable strategies". Paper presented at the 12th Annual International Sustainable Development Research Conference, Hong Kong, April 6-8, 2006.
• Obara, LJ & Jenkins, H. (2006) 'Land Use Disputes in Ghana's Mining Communities: Developing Sustainable Strategies', BRASS Working Paper No. 36.
• Jenkins, H & Obara, L J (2006) 'Corporate social responsibility in the mining industry - the risk of community dependency'. Paper presented at The Corporate Responsibility Research Conference, Dublin, September 4-5, 2006.
• Obara, L J & Jenkins, H (2006) 'Land use disputes in Ghana's mining communities: developing sustainable strategies'. Paper presented at the 12th Annual International Sustainable Development Research Conference, Hong Kong, April 6-8, 2006.
• Hilson, G., Yakovleva, N., Obara, L., Jenkins, H., Nyame, F. (2005) 'Strained relations: a critical analysis of of the impasse in Prestea, Ghana'. Paper presented at the Communities and Small-Scale Mining Fifth Annual General Meeting and Learning Event Salvador de Bahia, Brazil, September 19th – 24th, 2005.
Partners and Funding
The research is BRASS-funded and will be carried out in
collaboration with Dr. Frank Nyame and Dr. Thomas Akabzaa of the University of Ghana who have undertaken extensive fieldwork in the Western Region of the country.