Accra: The Livelihood and Environment Ghana (LEG), an advocacy organisation for environmental justice, has put forward significant amendments to the Minerals and Mining (Compensation and Resettlement) Act, 2012. The proposed changes aim to resolve issues related to compensation and resettlement faced by farmers in communities impacted by mining activities.
According to Ghana News Agency, Dr. Abdulai Darimani, a research consultant, and Mr. Richard Adjei-Poku, Executive Director of LEG, presented the draft policy proposal on these amendments to Civil Society Organisations and the media in Accra. Mr. Adjei-Poku highlighted that the current Act lacks provisions for speculative activities, moratoriums, alternative farmland, negotiation time limits, youth employment, meaningful consultations, and definitions for economic well-being and social and cultural values.
One of the primary concerns raised was the current practice where a mineral rights holder can declare a moratorium, restricting affected persons from undertaking specific economic and social activities. The absence of a clear procedure and time limits for imposing this moratorium has been a source of contention. To address this, LEG proposed making the moratorium a legal requirement and establishing clear procedures and time limits for its imposition.
Furthermore, consistent with the 1992 Constitution, Regulation 6(1) of L.I 2175 mandates that mineral rights holders resettle inhabitants displaced by their operations. LEG suggests that the amendment should include a Ghana-specific legal definition for suitable alternative land, economic well-being, and socio-cultural values to form a minimum basis for resettlement planning.
Mr. Adjei-Poku also pointed out that Regulation 4(b) of the Act currently provides for compensation related to the deprivation of land use. LEG proposed that the Act be amended to require both the mineral rights holder and the Minister to provide alternative farmland of equal value to what was lost by the farmers.
Additionally, LEG recommended amending regulation 2012 (L.I.2175) to ensure meaningful consultation and engagement with communities, especially property owners, before and during compensation assessments. They also proposed that the Act mandate the annual publication of crop price lists, with public notifications from the Land Valuation Division, the Ministry of Food and Agriculture, and key agencies.
Beyond the Act, LEG identified other areas needing attention, such as youth employment, sustainable access to safe water post-mining, a new model for compensation, and road rehabilitation. Mr. Adjei-Poku emphasized that implementing these proposals would benefit the government, mineral rights holders, and mining-affected communities, fostering a peaceful environment free from disagreement.
