Ghana- 1st- Extractives sector

CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS

3.1 Ghana’s Obligation to Protect Human Rights under Regulatory Regimes

3.1.1 Extractives Sector

Within the extractive sector, there are diverse natural resources: gold, oil and gas, bauxite, manganese, and diamond. These natural and mineral resources attract considerable foreign investments and serve as sources of employment.

The sector recorded some human rights abuses and violations which often pose adverse impacts on those working in that sector and surrounding communities.

Some of the issues identified within the sector are presented in the table below:

  • Illegal mining (Galamsey)
  • Cumbersome compensation and resettlement procedures
  • Use of children in mining operations
  • High cost of seeking redress
  • Compulsory acquisition of land by government without prompt adequate compensation
  • Insufficient consultation and non-participatory consultative decision-making with indigenes before relocation of communities
  • Improper decommissioning of mining pits/shafts

In relation to remedial measures, the gaps identified were expensive litigation processes and institutional bottlenecks relative to internal administrative processes.

CHAPTER: 4 STRATEGIES AND INTERVENTIONS

4.1 Strategies to achieve Key Objectives of the Three Pillars

4.1.1 Pillar 1: The State’s Duty to Protect Human Rights

Strategy 1.5 Enact new legislations and strengthen the implementation of the existing laws on the protection of vulnerable groups

Activities: Review policies on businesses to curtail child labour in the mining, fishing, and farming areas.

  • Time frame: 2025-2029
  • Implementing lead agencies: MLER, MoGCSP
  • Implementing collaborating agencies: MOFA, MinCom

1.17 Strengthen regulations on local content in the oil and gas sector and other sectors to be BHR-responsive

Activities: Review and integrate BHR principles into local content regulations

  • Time frame: 2025-2029
  • Implementing lead agencies: MoEN, OAG&MoJ
  • Implementing collaborating agencies: MoF, CHRAJ, GNPC, Petroleum Commission, Trade Unions, GEA, PIAC, CSOs, Employers’ Associations

Activities: Review and integrate BHR principles into local content regulations

  • Time frame: 2025-2029
  • Implementing lead agencies: MoEN, OAG&MoJ
  • Implementing collaborating agencies: CHRAJ, GNPC, Petroleum Commission, Trade Unions, GEA, CSOs, Forestry Commission, MLNR, MMDAs, MoF

Strategy 1.18: Strengthen oil and gas local content regulations to reflect BHR principles

Activities: Review and integrate BHR principles into local content regulations

  • Implementing lead agencies: MoEN, OAG&MoJ
  • Implementing collaborating agencies: MoF, CHRAJ, GNPC, Petroleum Commission, organized labour and Employers’ Associations, CSOs, relevant stakeholders, PIAC

Activities: Organize capacity building, and sensitization programmes on local content regulations

  • Implementing lead agencies: MoEN, OAG&MoJ
  • Implementing collaborating agencies: MoF, CHRAJ, GNPC, Petroleum Commission, organized labour and Employers’ Associations, CSOs, relevant stakeholders, PIAC

Strategy: 1.20 Strengthen capacity of businesses on BHR compliance

Activities: Institute mechanisms to ensure businesses obtain Free, Prior and Informed Consent (FPIC) from communities in the allocation of mining concessions.

  • Time frame: 2025-2026
  • Implementing lead agencies: MinCom
  • Implementing collaborating agencies: MOTi, ORC, GFZA, Traditional Authorities, MDAs, EPA, Lands Commission, MMDAs, CHRAJ