Ghana

Nwoase is one of the four communities near Nkoranza in the Bono East region where ACA piloted its community-driven development programs. Since 2017, the people of the town have been locking horns with the Atekoanohene, one of their sub-chiefs over the illegal taking-over of lands belonging to them to some developers.

The chief, long known for his brutality and disregard of the villagers’ welfare, suddenly announced in 2017 that he was selling off the village’s farmland to external developers. This would leave the people of Nwoase with no means of livelihood and no recourse for replacement land.

With the help of ACA’s FCAP process for community-driven development, the Nwoase residents overcame division and intimidation to launch a long-term legal strategy that seeks to recover lost land and bring about a new chapter in the relationship between the people of the community and their traditional leader.

In July 2021, Israeli-controlled Narawa Mining expanded its operations to new areas directly around the creek from which the community of Nsuapemso as traditionally drawn its water for drinking and other household uses.  ACA assisted the community to articulate its complaints and raise them with government agencies.

The case was effectively finalized through a negotiation process, which helped resolve the dispute and halted the company’s activities in the area. The case is now considered closed since the company did not get their license renewed following its suspension in 2022. 

On behalf of the people of Juaso, ACA addressed petitions to the Mining Commission and the Ministry of Minerals and Natural Resources in July 2012 complaining that KGL had repeatedly violated laws and regulations relating to the public disclosure of mining plans on community land, as well as the prior negotiation and adequate compensation of those whose surface rights are disturbed by new mining operations.  The Ministry responded with a promise to hold KGL and other mining companies to account but has yet to take concrete action.

In 2023 the Citizens’ Committee Network (CiCoNet) of Juaso and the nearby communities of Sagyimase and Nsuapemso filed a complaint with the Minerals Commission about mining companies’ unfilled mining pits.  The Minerals Commission undertook a tour of the affected sites and ordered KGL and others to remediate them.  As of the end of June 2023, about 40% of unfilled pits had been remediated because of the communities’ advocacy.

In 2026 remediation of the hazardous disused pits has progressed significantly. Reports from the community indicate that remediation levels have now reached between 70% and 80%.

The community raised its complaints over impacts to their stream with the Water Resources Commission (WRC) in 2021. When a promised intervention by the WRC failed to materialize, the community also raised their concerns with the Minerals Commission, which suspended Narawa’s mining permit around November 2022.

108 community members had submitted a complaint to Ghana’s Commission on Human Rights and Administrative Justice (CHRAJ) in December 2017, alleging that the Atekoanohene had intimidated them and abused his power, and that his decision to sell their land would endanger their fundamental human rights to nutrition, health, and an adequate standard of living.

However, CHRAJ was not able to resolve the case and ended proceedings abruptly following a directive by the Ministry of Chieftaincy to the Nkoranza Traditional Council to take over the case and mediate between the two feuding parties involved.  CHRAJ handled the matter from the latter part of 2017 till March 2020.  The Nkoranza Traditional Council was also unable to resolve the case due to disagreements about the Council’s authority and the Atekoanohene’s unwillingness to use impartial surveyors and other service providers to assess the land in question.

In October 2022, several community members filed suit in Sunyani High Court, seeking leave to petition for an order requiring the Atekoanohene to account for how he disposed of community land.  The applicants were granted leave to submit their petition in November 2022; that petition is still pending.

Currently, the parties involved in the case are exploring the possibility of settling the matter amicably out of court.

2026 Update: Currently, there are no significant updates to be shared regarding the legal proceedings or the mediation process. The case remains under observation as the situation evolves locally.

Mr. George Owusu Asante of Akyem Juaso, the National Vice-President of the Citizens Committee Network (CiCoNet), was in a state of disbelief when ACA’s Legal Officer, Mustapha Mahamah, broke the news to him that Kibi Goldfields Ltd (KGL) have finally fully compensated him for his lost lands, which were taken about two and half years ago by Kibi’s sub-contractor, BSD Mining Services.

“I’m speechless, and I don’t even know what to say except to thank God and ACA for the relentless fight for my rights all these years. The advocacy mounted by the Citizens Committee Network (CiCoNet) has really paid off, and I’m so grateful”, Mr Asante said.

Mr. Asante is among several people in Juaso and nearby communities, such as Sagyemase and Nsuapemso, who lost their farmlands to mining companies in the past few years. In most of the cases, several of the affected landowners were paid only a small fraction of the replacement cost of their land and crops as compensation, and the mining companies failed to respect the procedures for acquiring land as set out in Ghana’s Minerals and Mining Act 2006, Act 703.  The loss of land without adequate compensation has deprived entire households of their main sources of livelihood.

Background

On behalf of the people of Juaso, Advocates for Community Alternatives (ACA) addressed petitions to the Minerals Commission and the Ministry of Lands and Natural Resources in July 2022, complaining that KGL and its subsidiaries and sub-contractors had repeatedly violated laws and regulations relating to the public disclosure of mining plans on community land, as well as the prior negotiation and adequate compensation of those whose surface rights are disturbed by new mining operations.  The Ministry responded with a promise to hold KGL and other mining companies to account but has yet to take concrete action.

In 2023, the CiCoNet of Juaso and the nearby communities of Sagyimase and Nsuapemso filed a complaint with the Minerals Commission about mining companies’ unfilled mining pits.  The Minerals Commission undertook a tour of the affected sites and ordered KGL and others to remediate them.

Media campaign

In July 2023, CiCoNet led a team of Ghanaian journalists to some mining areas in Juaso and Nsuapemso to witness the devastating effects of mining activities in these areas, especially with regard to the havoc created by uncovered mining pits, diversion of water bodies, the destruction of farmlands and mining activities close to settlements.

This elicited immediate response from the Minerals Commission, which then began engaging ACA, CiCoNet and the mining companies on the way forward. BSD Mining Services initially agreed to fully compensate Mr George Owusu Asante for taking over his farmlands for mining activities, but the company ultimately closed its operations and left the site without fulfilling this promise.

ACA’s legal team then reached out to Kibi Goldfields, which is ultimately responsible for compliance with all laws – including on compensation – within its concession.  On Tuesday April 2, 2024, Kibi officially issued the cheque to ACA’s Legal Officer, Mustapha Mahamah, who in turn presented it to Mr. George Owusu Asante, the following day.