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Coalition against Human Rights

Abuses from Mining


(CHRAM)

June 2010

Property damage from mine blasting in the village of Anwiam /Franck Martin (24/03/10)
Contents

Introduction p3

Background p4

Anwiam p10

Summary of the Current Situation in Anwiam p11

Nana Boafo, chief of Anwiam, stands next to a collapsed building/PAHO (24/03/10)

Report complied by Franck Martin, on behalf


of CHRAM membership.
Rhetoric and reality - PAHO report on the mining community of Anwiam

Introduction
The Coalition against the Human Rights abuses of Mining (CHRAM) is a
coalition of likeminded NGOs working to promote human rights and protect
the rights of mining communities. Organisations interested in joining CHRAM
should contact Ebenezer Nii Adjetey Saweh, Assistant Programmes Officer,
Projects Abroad Human Rights Office, by telephone at 0249 131 543 or via
e-mail at eben.niiadjetey@gmail.com.

CHRAM has a mandate to work in the following areas:

Rights education,
Conflict resolution,
Campaigning and lobbying,
Policy advocacy,
Media advocacy,
Popular actions (i.e., demonstrations).

Current members include:

Projects Abroad Human Rights Office (PAHO), a Ghanaian human


rights NGO working with a team of international volunteers to promote
respect and justice for all – Joined April 7, 2010.

WACAM, an NGO working to address the negative impact of mining in


Ghana– Joined April 7, 2010.

Amnesty International Ghana, the Ghanaian chapter of the


international human rights charity working to protect human rights
worldwide– Joined April 8, 2010.

The Dialogue for Advocacy and Good Governance (DAGG), an


organisation founded by the Catholic Bishops of Ghana to promote
advocacy and good governance– Joined April 9, 2010.

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Rhetoric and reality - PAHO report on the mining community of Anwiam

Background

In recent years, the Ghanaian government has facilitated an economic shift from
reliance upon the agricultural sector to promotion of the mining sector above all
other sectors. The government offers generous incentives for foreign investment in
the extractive sector. Despite the potential positive effects that the mining industry
may have on communities, it also has many negative effects on the livelihoods and
employment of Ghanaians, particularly farmers.

The farming communities displaced by mining companies are resettled without


access to land, thus depriving them of economic activities. The farmers are often
given inadequate compensation in return for their displacement and loss of
livelihoods. In particular, surface mining is detrimental to agricultural lands and,
thus, food supply. Although agriculture is sustainable, surface mining is not.

Within mining communities, there is a lack of Alternative Livelihood Projects (ALPs)


for the youth, who often resort to illegal mining for employment. These illegal
artisanal miners are called Galamseys. In order to curb illegal mining, formal
education and training for employment outside of the mining sector is necessary.

Development projects are needed to improve the relationship between mining


companies and the communities in which they operate. Proposals for these may
include providing road access to the villages, educational programs and
scholarships for the youth, ensuring access to clean drinking water, repairing
transportation links and building medical clinics. All mining companies should have
Community Relations Departments that maintain contact with members of the
community regarding their concerns.

In addition to affecting livelihoods, mining has a serious impact on the health of


community members. The health problems most frequently found in these
communities include tuberculosis, malaria and typhoid.

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Rhetoric and reality - PAHO report on the mining community of Anwiam

Abandoned mining pits result in stagnant pools of water where mosquitoes breed
and this contributes to the high prevalence of malaria in mining communities. Air
pollution causes respiratory infections. Often, those in mining communities must
travel long distances to get clean drinking water. Since much of the ground water is
polluted, there is also a high rate of water-borne diseases such as typhoid.

The issues outlined within this report have been ongoing for many years. The
Commission on Human Rights and Administrative Justice (CHRAJ) published a
detailed report on the human rights violations within the mining sector. The State
of Human Rights in Mining Communities in Ghana (2008) outlined CHRAJ concerns
about the purity of water; growing levels of pollution; rising health problems;
property damage from blasting; safety and security concerns; relocation disputes;
and compensation discrepancies.i

The access route available to the residents of Anwiam /Ryan Slade (27/06/10)

The impact of mining in Ghanaian communities is widespread and varies in scale


and intensity. The following information relates to the findings of PAHO following
trips to the village of Anwiam, Ashanti Region, March 24, 2010, and May 27, 2010.

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Rhetoric and reality - PAHO report on the mining community of Anwiam

The State of Human Rights in Mining Communities in Ghana


In 2008, the Commission on Human Rights and Administrative Justice (CHRAJ) published a
report into the alleged human rights abuses occurring as a result of mining in Ghana. The
following information is taken from their Executive Summary.ii

There has been an increase in reports of human rights violations of people living in mining
communities, including:

Violent, illegal arrest, detention and torture of community members;


Assault of illegal miners and trespassers;
Violent interference against citizens involved in public protests;

The report provides information on the state of human rights in communities covered in the
study based on focus group discussions and states its findings and recommendations. The report
concludes that the following areas are of great concern and require immediate attention:

Water and Water Sources


o Rivers and streams providing water for communities have been destroyed and
polluted. Cyanide spillages and the use of mercury have been recorded. When an
alternative water supply is provided, some communities complain that the water
pumps malfunction or that the water is unsafe for drinking. 22 out of 28 tests in
mining communities show that their water supply does not comply with World
Health Organisation (WHO) drinking water standards.

Pollution and Blasting


o There are widespread complaints about noise and dust pollution. However,
mining companies have not taken suppression measures seriously. Many
communities have demanded to be resettled. Blasting has caused cracks in the
walls and foundations of buildings, which have to be re-plastered at the villagers’
own costs. There have been complaints about shock, especially in children, from
the loud blasting.

Health
o Some of the diseases in mining communities can in part be attributed to mining.
Prevalent diseases include tuberculosis, skin and chest diseases, malaria, typhoid,
dizziness and headaches in communities suffering from air pollution. Many
communities have seen an increase in the number of mosquitoes due to stagnant
water in abandoned pits. They also claim that water borne diseases are caused by
the poor quality of water resulting from mining operations. The commission
urges testing of fruit and meat in the Obuasi region and calls for the Government
to assess the overall health needs of mining communities.
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Rhetoric and reality - PAHO report on the mining community of Anwiam

Safety and security


o Mining companies maintain security personnel and deploy state security with
government assistance to protect their property from trespassers. There has been
evidence that galamseys are harassed, often by state security, and evidence to
show AGA Obuasi has used state security and guard dogs against galamseys. The
commission calls for the government to review the use of military personnel in
mining communities unless in exceptional circumstances.

Royalties
o Some communities complain that they do not benefit directly from mining
royalties, but most do not know that royalties exist. Those communities that are
aware of the existence of royalties claim that their chiefs were the main
beneficiary of the funds. The commission urges the Chamber of Mines and
Office of Administrator of Stool Lands to publish an annual report on all mining
benefits paid with actual amounts received. The Government and Chamber of
Mines should also publish their figures of mining production and all payments
made to the state, local governments and traditional authorities. Transparency in
the payment of royalties will build trust between authorities and communities.

Property damage in Anwiam/ Ryan Slade (27/06/10)

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Rhetoric and reality - PAHO report on the mining community of Anwiam

Compensation and Resettlement


o Resettlement and dissatisfaction with compensation paid by mining companies for
affected property, farms and crops are key challenges that communities affected
by mining face. These problems are more topical in AGA operated areas.

Livelihood and Employment


o Communities are dissatisfied with the number of their members in mining
employment, attributed to a lack of skills required by mines in these companies.
By appropriating a community’s land, mining companies deprive those
communities of their sources of livelihood. Galamsey is apparent in almost all
mining areas, bolstered by lack of employment or livelihood alternatives. In some
communities, galamsey is considered a legitimate livelihood, but in others they
are accused of destroying land and polluting water and are regarded as criminal
encroachers. Mining companies have provided schools, boreholes, community
centres and electricity. However, some communities feel that they were not
consulted about what their needs were and would have benefited more from other
facilities. It is recommended that companies should adequately consult
communities on the selection, design and implementation of projects.

Artisanal and Small Scale Mining


o Illegal mining is pervasive in many areas and the involvement of children in small
scale mining is worrisome. The conflict between mining companies and
galamseys, and their associated brutalities, in southern Ghana does not exist in the
upper east region due to the absence of large scale mining operations there. Small
scale miners mine in the same way that galamseys do. Providing a basic
education and job skills training to children in mining areas opens a door to job
opportunities, which may reduce the youth involved in illegal mining.

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Rhetoric and reality - PAHO report on the mining community of Anwiam

Summary of the current situation in Anwiam

During an interview on March 24, Kojo Appiah, Village Spokesman, summarised the problems
faced by the community of Anwiam:

“Our problems are many and started in 1989 when AGA started its
surface and underground mining. When they started blasting we
told them that our weak houses could not withstand the shocks.
Running water from the mine started to flood our communities, our
livestock drank from the contaminated water from the mine and as
you can see most of the buildings have collapsed and our livestock is
unhealthy.

We also have no access road to the surrounding towns. We are


trapped between the mines and the homes that the miners live in.
AGA has forbidden us from walking through the miners’ town and
so we have no way of getting out of our own village. There are
similar communities where they have active mining but in every one
of these communities they have an access road. We are the only
villagers that are unable to get out of their own village....We only
want the freedom to go to town to buy goods and care for our sick.

We have been meeting with the men from the company for all this
time, to no avail. We complain that life here is very hellish because
we do not have any electricity or an access road. Our wives and
mothers give birth on their way to the hospital and you can
understand the inherent danger with this. We have been
complaining and we have gotten to a point where we want the
mining company to resettle us...

...our homes are so weak that the house can collapse at any moment,
without warning. This is because, some years ago, the company
blasted into the mountain to access the gold... [When] we sleep, we
do not know if our houses will be standing the next day. Even the
pens for our animals are stronger than our homes. All we want is
for the company to resettle us.”

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Rhetoric and reality - PAHO report on the mining community of Anwiam

Projects Abroad Human Rights Office (PAHO) met with representatives from Anwiam on March 24th,
2010. During this visit it learned that the village is located on the outskirts of Obuasi and has a population
of 300. Its resident’s claim that the village has existed for over 50 years and prior to the commencement
of AGA operations in the Anwiam area, the village economy was exclusively agricultural. Residents
stressed that this allowed the community to live as subsistence farmers, selling surplus yield to provide
money for education, village development and basic amenities. They allege that the activities of AGA
have destroyed the fertility of their farmland. Beyond the damage to the local economy, the researchers
observed that the living conditions were such that they have a legitimate claim for resettlement.

The Minerals and Mining Act, Section 73.4, states:

“The Minister shall ensure that inhabitants who prefer to be compensated by way of
resettlement as a result of being displaced by a proposed mineral operation are settled
on suitable alternate land, with due regard to their economic well-being and social and
cultural value.”iii

Representatives from PAHO met with Nana Kwabena Boafo, the Village Chief, and Kojo Appiah, the
Village Spokesman, on the afternoon of March 24, 2010. He informed researchers of the unbearable
living conditions in Anwiam and attributed these problems to AGA’s mining activities. During the
meetings, they accused AGA and its staff of violating many of their basic human rights. They also
explained that despite meeting with AGA representatives to discuss these issues, the company response
had been completely unacceptable. Despite the substandard living conditions, lack of adequate road
access and occurrences of health problems attributable to mining activity, research by PAHO has found
that the issue of resettlement has not be adequately addressed and requires immediate attention.

When PAHO returned May 27, 2010, it discovered that the situation had deteriorated. With the onset of
the annual rainy season the property had been damaged during heavy storms, making the need for the
immediate relocation of the village even more pressing. Kwabena Boafo explained that the village had not
been visited by any organisations, despite PAHO directly alerting Mr. John Owusu, General Manager of
Public Affairs for AngloGold Ahsanti to the situation on, April 12, 2010, and again on May 7. On May
10, 2010, PAHO also informed Mr. James Adjei, representative for the Minerals Commission, of the
human rights violations taking place in Anwiam. As of the date of this publication (02/06/10), neither
party has contacted PAHO regarding this issue.

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Rhetoric and reality - PAHO report on the mining community of Anwiam

Four Areas of Major Concern

Following these meetings, PAHO researchers identified four major areas of concern:

1. Access

2. Property damage

3. Flooding and water pollution

4. Health care

A family from Anwiam stands outside its home. The family explained that the damage to their home can be attributed to AGA mining activity. In the background a second severely
damaged home can be seen/ Franck Martin (24/03/10)

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Rhetoric and reality - PAHO report on the mining community of Anwiam

Access
o AGA forbids the local residents from using the road running through the adjacent mining town.
Its employees claim that members of the community have stolen from them in the past – this
seems unlikely due to the high levels of security in each of the employee homes, including
window and door protection and security dogs.

o The local residents have no access roads to the surrounding towns and can only access their
homes by using an abandoned railway track covered with overgrown vegetation.

o AGA refuses to allow commercial vehicles on roads that run past their employees’ homes. While
they have informed the local residents that they can use their own car on the road this is an
empty gesture as the community is so impoverished that owning a car is impossible.

o The community has alleged that during a number of medical emergencies, including births,
AGA security staff refused to allow commercial cars access to the village. The village
spokesman informed PAHO that members of the community have died because of their inability
to access hospitals in a reasonable time.

o The local residents must send their children to live with family in neighbouring villages if they
are to attend school.

A resident of Anwiam uses the only access route available to the community/Franck Martin (24/03/10)

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Rhetoric and reality - PAHO report on the mining community of Anwiam

Property Damage
The Minerals and Mining Act, Section 94, states: “Where a license is granted in a
designated area to a person other than the owner of the land, the licensee shall pay
compensation for the use of the land and destruction of crops to the owner of the land that
the Minister in consultation with the Commission and the Government agency with
responsibility for valuation of public lands may prescribe.”iv

o The property of the local residents has been badly damaged by blasting - the detonation of
explosives - in the mines to access deep gold deposits and much of it is no longer
structurally sound. As a result, collapsing homes are common and the people are forced
to live in dangerous, potentially fatal conditions. In many cases the homes were in a
critical state of disrepair and looked like they were close to collapsing.

o These homes offer little protection from the large numbers of mosquitoes and fail to offer
the local residents adequate protection from the elements, particularly during the rainy
season.

o The community has no access to basic amenities such as electricity.

The remains of a house destroyed by AGA mining activity/Franck Martin (24/03/10)

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Rhetoric and reality - PAHO report on the mining community of Anwiam

Flooding and Water Pollution


Section 17: “Subject to obtaining the requisite approvals or licenses under the Water
Resources Commission Act 1996 (Act 552), a holder of a mineral right may, for purposes of
or ancillary to the mineral operations, obtain, divert, impound, convey and use water from
a river, stream, underground reservoir or watercourse within the land the subject of the
mineral right.”v

o Mining activities have polluted the local water supply. In heavy storms, the chemicals
and dirt from the abandoned mine flow directly into the village. This contaminates
drinking water (including the water to be consumed by livestock) drinking water and
further damages property.

A stream where the community used to get their drinking water before AGA began mining operations/PAHO (24/03/10)

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Rhetoric and reality - PAHO report on the mining community of Anwiam

o Flood defences erected by the mining company are frequently breached during heavy
storms.

The flood defences erected to stop polluted water running out of the AGA mines.
Local resident’s claim that the defences regularly breached/ Franck Martin (24/03/10)

o The quality of drinking water is so poor that local residents continue to suffer from a range
of preventable diseases.

Example of the quality of water available to the local residents/ Ryan Slade (27/05/10) Since the above water pump broke local residence have relied on one working pump to
serve the needs of 280 people living in the village/Franck Martin (24/03/10)

o The activities of AGA have rendered the village’s primary water source undrinkable.
Following a number of meetings with the community representatives, AGA agreed to
install two water pumps. One of the pumps was damaged in a storm, yet the company
refused to repair it. This has left the 280 local residents with one working pump, which
provides the community with dirty water.

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Rhetoric and reality - PAHO report on the mining community of Anwiam

Health Care

o AGA employees forbid the villagers from using commercial vehicles when passing through
the miner’s town, which is the only road that comes near to their village. As such, during
medical emergencies the villagers have no vehicle access. The local residents claim this has
resulted in preventable deaths and a number of births taking place in unsafe conditions.

Comfort Amo, 31, with her eldest son, Emmanuel Dardo, 8, and youngest son, James Dardo, 11 months/Franck Martin

Comfort Amo, 31, is a native of Anwiam who has had her life transformed due to gold mining in
the greater Obuasi area. Her eldest son, Emmanuel Dardo, 8, was playing near the Covet (the
cement structure below) when he slipped and fell into the water, which is a breeding ground for
mosquitoes and his body was badly bitten. Mrs Amo informed PAHO that her youngest son,
James Dardo, 11 months (pictured below) was born on the railway line that links the village to
the outside world. His mother was unable to access suitable transport due to AGAs refusal to
allow commercial vehicles to pass through their company checkpoints. James’ mother attributes
the rash on his skin to the circumstances of his birth.

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Rhetoric and reality - PAHO report on the mining community of Anwiam

References
i
Commission on Human Rights and Administrative Justice, Ghana, The State of Human Rights in Mining
Communities in Ghana, 2008, p58-59.
ii
Commission on Human Rights and Administrative Justice, Ghana, The State of Human Rights in Mining
Communities in Ghana, 2008, p17-23.
ii
Minerals and Mining Act 2006, 73.4, p43
iii
Ibid
iv
Minerals and Mining Act 2006, 73.4, p43
v
Minerals and Mining Act 2006, 73.4, p12

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