Ghana- 1st- Land and natural resources
CHAPTER 3: BUSINESS AND HUMAN RIGHTS SITUATIONAL
ANALYSIS
3.1 Ghana’s Obligation to Protect Human Rights under Regulatory Regimes
3.2.2 Agriculture Sector
Agriculture is key to the overall economic growth and development of Ghana. Since 2013, it has consistently contributed about 20 percent of Ghana’s Gross Domestic Product (GDP).³⁵ This sector is estimated to employ about 46 percent of Ghana’s labour force³⁶, most of whom are small landowners engaged mainly in subsistence farming. Some issues identified in this sector are summarized in the table below:
- Worst forms of child labour
- Forced labour
- Compulsory acquisition of farmlands without adequate compensation to land and crop owners
- Destruction of farmlands due illegal mining (galamsey) activities, commercial activities and urbanization
- Pollution of water bodies due to illegal mining (galamsey) activities
- Under scaling of cocoa produce by purchasing clerks and purchasing companies
- Destruction of farmlands by herdsmen
3.3.9 Land Management
In Ghana, both the 1992 Constitution and the Land Act, 2020 (Act 1036) contain provisions that emphasize the sustainable use of land. These include measures to ensure that land use and management do not lead to environmental degradation and that there is payment of adequate compensation for compulsory acquisition of privately owned land for mining and other businesses. Despite these provisions, some gaps have been identified under land management to include:
- Conflicting land uses – land for mining or residential purposes
- Non-compliance with spatial planning laws – zoning status Inadequate enforcement of spatial planning laws
- Land ownership disputes
- Activities of land guards
- Delays in payment of compensation for land acquired by the State
- Non-payment of compensation to occupiers in cases of compulsory acquisition of lands
- Challenges with the registration of interests in land Resettlement after compulsory acquisition non-consensual
It is therefore imperative that human rights considerations are factored into the grant of mineral rights and licenses for mineral operations. Besides, there is the need for Free Prior and Informed Consent relating to resettlement of displaced communities.
CHAPTER: 4 STRATEGES 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 1.3 Enhance institutional capacity and policy framework on compulsory acquisition of land to uphold human rights.
Activities: Draft L.I to operationalize the new Lands Act to incorporate women’s rights including compensation and resettlement in compulsory land acquisition.
- Time frame: 2025
- Implementing lead agencies: MLNR, OAG & MoJ
- Implementing collaborating agencies: Parliament, Cabinet, Lands Commission, MinCom, Forestry Commission, Traditional Authorities, CHRAJ, MDAs, MMDAs, MoF, LUSPA, OASL
Activities: Develop guidelines on extensive consultation on compulsory acquisition of lands to safeguard human rights of communities.
- Time frame: 2025
- Implementing lead agencies: MLNR, OAG & MoJ
- Implementing collaborating agencies: MoGCSP, NDPC
Activities: Organize awareness creation programmes on the rights of individuals and communities in compulsory land acquisition.
- Time frame: 2025-2029
- Implementing lead agencies: MLNR
- Implementing collaborating agencies: NCCE, Mol, lSO, Lands Commission, MMOA’s, CHRAJ
Activities: Organize capacity building programmes for state and non-state actors on human rights-based approach to development programming business and human rights
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ
- Implementing collaborating agencies: MDAs, MMDAs, OAG&MOJ, NDPC, Organised labour, GEA, PEF, AGI, Business Enterprises, CSOs, DPs
Activities: Build capacity of law enforcement agencies and other stakeholder institutions on compulsory land acquisition
- Time frame: 2025-2029
- Implementing lead agencies: CHRAJ, MLNR
- Implementing collaborating agencies: MINTER, OAG&MOJ, MoF