Information sur le cas
Kibi Goldfields à Saamang
Having endured the harsh consequences of the mining operations of Kibi Goldfields Limited (KGL) for over a decade, residents of the neighboring communities of Saamang and Juaso, in Ghana’s Eastern Region, are still not satisfied with the response by the Government of Ghana and its mining-related agencies.
In 2012 and 2013, village residents resisted the company’s diversion of one their key water sources, and the Ghanaian government’s reaction was swift and punitive. Over the course of several weeks, police and military entered the villages, arresting and beating people who were believed to have led the resistance.
In more recent years, the people of Juaso have built on the unity generated by a community-driven development initiative facilitated by ACA to raise complaints about KGL’s activities within the community. In particular, they are seeking to improve KGL’s record of leaving hazardous disused pits abandoned and unfilled, and of taking community land without following procedural protections, paying adequate compensation, or respecting the community’s long-term land-use needs and plans.
Les résidents de la communauté Nwoase contre les Atekoanohene
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.
Water Pollution by Narawa Mining in Nsuapemso
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.
Mises à jour
Legal action taken by Esther Osei and 7 others in 2015 against Kibi Goldfields Limited for taking farmers’ land and destroying crops without compensation yielded some positive results as a Koforidua-based High Court ruled in favor of the plaintiffs on February 19, 2019.
ACA’s Public Interest Lawyering Initiative for West Africa (PILIWA) provided legal services and saw to the successful prosecution of the case.
PILIWA is a regional movement of lawyers driven by social justice to serve threatened communities.
In 2018, ACA worked with the Centre for Environmental Impact Analysis to help the communities conduct an independent environmental assessment of the mining operations. The results showed that air quality is problematic in Saamang and Juaso, likely because of the dust arising from mining roads and the mine site.
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.
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.
Documents to add soon:
- Juaso letter to Ministry and Minerals Commission
- CiCoNet letter to Minerals Commission re unfilled mining pits – see CDD
- Nwoase request for leave to petition for an accounting
- Nwoase petition for accounting