The purpose of this study was to examine environmental rights violations associated with mining activities in the Upper Denkyira East Municipality (UDEM) of Ghana. The study explores the impact of mining (both large scale and artisanal) on the environmental rights of local communities and the coping strategies adopted by stakeholders minimise its negative impact. To achieve this, a mixed methodology was used which combined questionnaire, focus group discussions, observation and in-depth interview to collect data from 100 respondents living or working in the mining communities in UDEM. Simple percentages and frequencies were used to analyse the questionnaire and interviews were transcribed and coded. It was established from the study that mining methods in UDEM are in two major forms; the surface mining method which is mostly practiced by natives and some Chinese and the underground method which is typically carried out by multi-national companies. It was also known from the study that mining activities violates the environmental rights of the people in the host communities. Examples of these violations includes; pollution of water bodies, land and vegetation degradation, noise pollution and air pollution. Due to these violations, people living in host communities have raised concern and anxiety about the activities of the miners in the area. The government and some civil societies have responded to the environmental rights concern in the Upper Denkyira East Municipality, but the people are not satisfied with these responses. Based on these findings, it has been suggested that the solution to the worsening environmental conditions in mining communities lies in the enforcement of environmental laws, environmental management and commitment of Ghana’s political leadership to closely monitor activities of mining companies.

1. CHARLES OHENE-AMOHCHARLES OHENE-AMOH
VENUE: UEW (New Pavilion) WinnebaVENUE: UEW (New Pavilion) Winneba
14-10-201414-10-2014 October 2014
COA
TOPIC:
‘Mining and Environmental
Rights in the Upper Denkyira
East Municipality, Ghana’
8120230011

2. MASTER OF PHILOSOPHY (MPHIL)MASTER OF PHILOSOPHY (MPHIL)
IN
ENVIRONMENTAL
RIGHTS
THESIS DEFENCE
14 October, 2014
Supervisor: Prof. Augustine Quashigah
February 18
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3. Order of PresentationOrder of Presentation
 Introduction/Background to the Study
 Statement of the Research Problem
 Objectives/ Research Questions
 Significance of the Study
 Literature Review
 Methodology
 Presentation of Findings
 Conclusion
 Recommendations
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4. INTRODUCTIONINTRODUCTION
 Mining is an important economic
activity which contribute significantly
to the economy of Ghana.
 The country exports a variety of
minerals found in abundance in its
geographically diverse regions.
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5. Objectives of the StudyObjectives of the Study
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To describe the nature of mining
activities in Upper Denkyira East
Municipality.
To examine the ways in which mining
activities affect the environmental
rights of the people in the host
communities.

6. Cont.Cont.
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To explore the environmental rights
concerns of the people in the host
communities.
To examine responses to the
environmental rights concern in the
Upper Denkyira East Municipality.

7. Research QuestionsResearch Questions
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 How is mining carried out in the
Upper Denkyira East Municipality?
To what extent has mining caused
environmental rights violations in the
Upper Denkyira East Municipality?

8. Cont.Cont.
 What are the environmental rights
concerns of the people living in Upper
Denkyira East Municipality?
 How does the government, institutions
and other stakeholders respond to the
environmental rights concerns of the
people of Upper Denkyira East
Municipality?
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9. Significance of the StudySignificance of the Study
 Will deepen awareness of the general public on
the activities of mining industry and its impact
on environmental rights
 Will bring out the violations that are
perpetuated on communities affected by mining.
 Study will assist government and policy makers
with suggestions to improve the state of human
rights of communities affected by mining
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10. Review of LiteratureReview of Literature
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11. Topics ReviewedTopics Reviewed
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Methods of Mining
Overview of Ghana’s Mining Sector
The Concept of Environmental Rights
Environmental Rights as Human Rights
Environmental Rights Violation is
Human Rights Abuse
Impact of Mining on Environmental
Rights

12. Applicable HR Tools/Acts UsedApplicable HR Tools/Acts Used
District/Municipal Assembly (Act 462);
One core duty of the District/Municipal
Assembly is environmental management.
Mining contracts should be made public.
The Commission on Human Rights and
Administrative Justice (CHRAJ) Act 456;
This institution was created to protect human
rights including environmental rights.
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13. Cont.Cont.
The Mercury Act, (PNDCL 217):
This legal framework prescribes
punishment for small scale miners who do
not observe good mining practices in the
use of mercury
The Minerals and Mining Act (Act 703;
Sections 72 & 73):
This important law spells out the rights and
obligations of the holder of mineral rights
and the terms and conditions upon which
the grant of each mineral right should be
made.
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14. Cont.Cont.
Environmental Protection Agency (Act
490);
Under the law, the mines are obliged to
prepare and submit their environmental
action plans to EPA before operation
The 1992 Republican Constitution of
Ghana:
The Constitution of Ghana is an important
tool for the protection and promotion of
human rights.
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15. Cont.Cont.
The African Convention on the Conservation
of Nature and Natural Resources (1968):
It sought to encourage individual and joint
action for the conservation, utilization and
development of natural resources for present
and future welfare of mankind.
The African Charter on the Rights and
Welfare of the Child (ACRWC):
Article 15 of this Charter talks about Child
Labour which could be seen on mining sites.
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16. Cont.Cont.
The African Charter on Human and Peoples
Rights, (1991);
Article 24 states that: “all peoples shall have the
right to a general satisfactory environment
favourable to their development.
The Aarhus Convention (1998):
It is a way of enhancing the environmental
governance network.
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17. Cont.Cont.
 Rio Conference on Environment and
Development (1992):
Chp. 6 of Agenda 21, is entirely devoted to
protecting and promoting safe environment
and human health conditions.
 The Stockholm Declaration (1972):
Principle 7 of the this calls on States to take
all possible steps to prevent pollution.
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18. Cont.Cont.
 The Convention on the Rights of the Child
(CRC, 1992)
Article 24 refers to aspects of environmental
protection in respect to the child’s right to health.
 The International Covenant on Economic,
Social and Cultural Rights (ICESCR, 1966)
 In article 12 the ICESCR guarantees the right to
healthy environment.
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19. RESEARCHRESEARCH
METHODOLOGYMETHODOLOGY
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20. Research DesignResearch Design
Exploratory Study
Mixed method approach to
data collection.
Both quantitative and
qualitative research methods
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21. PopulationPopulation
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In this study, the parent
population is the people living in
communities hosting mining
enterprises or companies in the
UDEM.

22. Sampling TechniquesSampling Techniques
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The method of sampling was
a combination of purposive
and simple random sampling.

23. Selected Towns/ InstitutionsSelected Towns/ Institutions
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Community/Institution Respondents Percentage (%)
Denkyira Fosu
Denkyira Badowa
Denkyira Pokukrom
Denkyira Kyekyewere
Denkyira Akropong
Denkyira Fanteman
Opinion Leaders
Health Personnel
UDEMA
EPA
Mineral Commission
Security Personnel
12
12
12
12
12
12
18
2
2
2
2
2
12
12
12
12
12
12
18
2
2
2
2
2
Total 100 100

24. Research Instruments
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Instruments used are:
•Questionnaire
•Interviews
•Observation
•Focus Group Discussions.

25. Data Collection ProcedureData Collection Procedure
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•Tuesdays and Fridays were used .
•Two field workers were assigned to one village, and each was
assigned to the administration of six questionnaires in interview
format.
•A hand-held digital camera was used to capture the various
scenes at the mining site.
•In-depth interviews were conducted with key informants, chiefs
and elders and the UDEMA.
•Two focus group discussions were held with resettled
communities and people living very close to the mine site.

26. Data AnalysisData Analysis
The field notes, interviews and
transcriptions of the focus group
discussions and in-depth interviews
were coded and analyzed using Excel
The texts and transcribed messages
are buttress with relevant pictures,
tables and figures.
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27. Presentation of FindingsPresentation of Findings
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28. February 18
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VARIABLE FREQUENCY PERCENTAGE (%)
GENDER
Male 53 53
Female 47 47
MARITAL STATUS
Single 36 36
Married 41 41
Divorced 21 21
Others 2 2
EDUCATIONAL LEVEL
No formal education 24 24
Basic school 27 27
Senior High/Technical 30 30
University/Polytechnic/Diploma 13 13
EMPLOYMENT CATEGORY
Farmers & Traders 39 39
Teachers 13 13
Artisan & Mineworkers 21 21
Unemployed 13 13
Students 8 8
Security & Health Workers 2 2
Others 2 2
STATISTICS OF RESPONDENTS

29. Methods of MiningMethods of Mining
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Mining Methods Frequency Percentage (%)
Surface mining 100 100
Underground mining 65 65
Galamsey (Artisan) 100 100
Dredging 12 12
Not Aware 0 0

30. Impacts of MiningImpacts of Mining
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Effects of Mining Frequency Percentage (%)
Land Degradation 94 94
Air Pollution 86 86
Water Pollution 96 96
Noise Pollution 89 89
No Effect 4 4
Table 4.3: Negative Effects of Mining

31. Polluted Offin RiverPolluted Offin River
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32. Mining in the Middle of the RiverMining in the Middle of the River
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33. The State of River SubinThe State of River Subin
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34. Destruction of the VegetationDestruction of the Vegetation
and Farmsand Farms
•Virgin Forest •Destroyed for Mining
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35. Breeding Grounds forBreeding Grounds for
MosquitoesMosquitoes
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36. Common Diseases in UDEMCommon Diseases in UDEM
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37. Children are Exposed toChildren are Exposed to
DangerDanger
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38. Cont.Cont.
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39. Regulatory AgenciesRegulatory Agencies
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40. Some Research FindingsSome Research Findings
Surface mining and the underground
method take place in UDEM.
65% of the surface mining activities in
UDEM are done illegally.
There are evidences of environmental
rights violations in mining communities in
the UDEM.
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41. Cont.Cont.
 67% said some households have been displaced.
 Many mining operators in UDEM are now focusing
their efforts on mining in the rivers and streams.
 65% who had farmland mentioned that they were
willing to offer their land for mining activities.
 Noise from mining interferes with human
wellbeing such as hearing, sleep and speech and
can cause stress-related diseases such as
hypertension.
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42. Cont.Cont.
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•The people of UDEM are not satisfied
with responses.

43. ConclusionsConclusions
Mining activities in the UDEM have resulted in
some positive socio-economic impact to the
people.
It is abundantly clear that mining operations also
associated with enormous environmental and
social impact.
The effects of above problems have led to severe
human rights violations in the UDEM.
There is high incidence of diseases like malaria,
respiratory infections, skin diseases in the area.
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44. RecommendationsRecommendations
 The Government should overhaul the legal and
policy framework relating to minerals and
mining.
 Mining contracts should be made public.
 Fruit, water, fish and bush meat samples from
UDEM should be tested, in order to ascertain
whether chemical used in mining are present in
them.
 Tree planting must be encouraged to speed up the
repossession process of the land. OCTOBER, 2014

45. Cont.Cont.
 Mining communities should be abreast with
PNDCL 153, 1986 LI 1652 of 1999 mining and
minerals amendment Act 703, 2006.
 Stringent and rigorous efforts aimed at restoring
degraded lands to its original state after mining
activities should be intensified by the Companies.
 The Government of Ghana in collaboration with
the Ghana Minerals Commission should make
conscious efforts to reduce the rate at which
concessions are granted to mining companies in
the country.
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46. The EndThe End
Thank you for your attention.
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