Documentation and Capacity Development of Artisanal and Small-Scale Miners for Transparent Governance and Sustainable Small-Scale Mining Industry.
Problem statement
The illegalities associated with the ASM sector have been documented and continues to be debated. To sanitise the sector and improve transparency and rule of law, the Government of Ghana, in March 2017, placed a ban on small-scale mining activities and rolled out a roadmap for the ban to be lifted. An addition that could be of great importance in promoting the rule of law is the development of sanctions for violations and the setting up of Mining Courts. Though they are many infringements in ASM, many of them do not have specific punishment. Thus, in monitoring the activities of the miners, Officers of the various Regulatory agencies, namely Minerals Commission, Environmental Protection Agency, Forestry Commission and Water Resources Commission may advice on specific breaches but may not be able to take direct action if the miner is recalcitrant.
In an attempt to improve on the Rule of Law by Judicial Service of Ghana, the then Chief Justice, in April 2017, designated 14 courts (7 High Courts and 7 Circuit Courts) to deal with all mining offences committed under the Minerals and Mining Act, Act 703. However, the efficiency and resources available to these courts are yet to be assessed.
Primary objective and specific objectives
The aim of this project is to investigate and document all possible infringements in the small-scale mining sector and to prescribe punishment and remedial measures that can be enforced as well as assess the performance of the 14 designated courts. The training of ASM on the infringements and sanctions, as well as transparent governance systems within the sector will be done.
The specific objectives are to:
a. Conduct a desk study on the regulations and legal instruments governing the sector;
b. Document all possible infringements in the sector through observation and questionnaire administration;
c. Prescribe possible remedies and punishment for the infringements identified and
d. Assess the capabilities designated courts and modalities for setting up a mining court.
Rationale
For some years many organizations and institutions have worked towards promoting governance and transparency in the extractives industry. The small-scale mining industry certainly requires a push in this direction and with the current initiatives by the Government of Ghana, the UNDP will be contributing immensely to the Government?s agenda while at the same time addressing issues in its core area of capacity building and policy analysis and information dissemination.
The project will promote transparency and the rule of law in the artisanal and small-scale mining (ASM) sector and develop sanctions for violations so that Inspectors can take direct action if a miner is recalcitrant. In addition the project will access the needs and resources of existing courts that take care of mining related offences or create new ones if necessary.
Specific results
The project will engage artisanal and small-scale miners, regulators, and members of communities affected by mining on offences in the activities of small-scale mining. After gathering possible breaches and offences, the legal implications will be analyzed and sanctions will be proposed for the documented offences.
ASM and the public will then be educated on such offences and their implications. The capabilities of the mining courts will be assessed and resources provided to promote the rule of law. The documented sanctions will empower and also strengthen the internal policy of the various Regulatory agencies.
The outputs will include the following:
a. Desk study on the regulations and legal instruments governing the small-scale mining sector conducted.
b. All possible infringements in the sector documented through questionnaire administration and discussions with Regulatory agencies.
c. Possible remedies and punishment prescribed for the infringements identified.
d. Assess the Capabilities of designated mining courts assessed.
Description of Project Activities
The key players in this study will be the Project team, artisanal and small-scale miners, Inter-Ministerial Committee on Illegal Mining and the Environmental Protection Agency.
a. The Project team will conduct a desk study on the activities of artisanal and small scale miners
b. Engage the regulatory agencies and develop a questionnaire on offences associated with the activities of ASM.
c. Administer questionnaire to ASM, regulators and stakeholders in communities affected by mining.
d. Rank offenses and breaches, and proposal of sanctions for offences.
e. Educate ASM and the public on such offences and their implications.
f. Assess the capabilities and efficiency of the fourteen courts designated as mining courts.
The illegalities associated with the ASM sector have been documented and continues to be debated. To sanitise the sector and improve transparency and rule of law, the Government of Ghana, in March 2017, placed a ban on small-scale mining activities and rolled out a roadmap for the ban to be lifted. An addition that could be of great importance in promoting the rule of law is the development of sanctions for violations and the setting up of Mining Courts. Though they are many infringements in ASM, many of them do not have specific punishment. Thus, in monitoring the activities of the miners, Officers of the various Regulatory agencies, namely Minerals Commission, Environmental Protection Agency, Forestry Commission and Water Resources Commission may advice on specific breaches but may not be able to take direct action if the miner is recalcitrant.
In an attempt to improve on the Rule of Law by Judicial Service of Ghana, the then Chief Justice, in April 2017, designated 14 courts (7 High Courts and 7 Circuit Courts) to deal with all mining offences committed under the Minerals and Mining Act, Act 703. However, the efficiency and resources available to these courts are yet to be assessed.
Primary objective and specific objectives
The aim of this project is to investigate and document all possible infringements in the small-scale mining sector and to prescribe punishment and remedial measures that can be enforced as well as assess the performance of the 14 designated courts. The training of ASM on the infringements and sanctions, as well as transparent governance systems within the sector will be done.
The specific objectives are to:
a. Conduct a desk study on the regulations and legal instruments governing the sector;
b. Document all possible infringements in the sector through observation and questionnaire administration;
c. Prescribe possible remedies and punishment for the infringements identified and
d. Assess the capabilities designated courts and modalities for setting up a mining court.
Rationale
For some years many organizations and institutions have worked towards promoting governance and transparency in the extractives industry. The small-scale mining industry certainly requires a push in this direction and with the current initiatives by the Government of Ghana, the UNDP will be contributing immensely to the Government?s agenda while at the same time addressing issues in its core area of capacity building and policy analysis and information dissemination.
The project will promote transparency and the rule of law in the artisanal and small-scale mining (ASM) sector and develop sanctions for violations so that Inspectors can take direct action if a miner is recalcitrant. In addition the project will access the needs and resources of existing courts that take care of mining related offences or create new ones if necessary.
Specific results
The project will engage artisanal and small-scale miners, regulators, and members of communities affected by mining on offences in the activities of small-scale mining. After gathering possible breaches and offences, the legal implications will be analyzed and sanctions will be proposed for the documented offences.
ASM and the public will then be educated on such offences and their implications. The capabilities of the mining courts will be assessed and resources provided to promote the rule of law. The documented sanctions will empower and also strengthen the internal policy of the various Regulatory agencies.
The outputs will include the following:
a. Desk study on the regulations and legal instruments governing the small-scale mining sector conducted.
b. All possible infringements in the sector documented through questionnaire administration and discussions with Regulatory agencies.
c. Possible remedies and punishment prescribed for the infringements identified.
d. Assess the Capabilities of designated mining courts assessed.
Description of Project Activities
The key players in this study will be the Project team, artisanal and small-scale miners, Inter-Ministerial Committee on Illegal Mining and the Environmental Protection Agency.
a. The Project team will conduct a desk study on the activities of artisanal and small scale miners
b. Engage the regulatory agencies and develop a questionnaire on offences associated with the activities of ASM.
c. Administer questionnaire to ASM, regulators and stakeholders in communities affected by mining.
d. Rank offenses and breaches, and proposal of sanctions for offences.
e. Educate ASM and the public on such offences and their implications.
f. Assess the capabilities and efficiency of the fourteen courts designated as mining courts.
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Project Snapshot
Grantee:
Turning Point Advocacy
Country:
Ghana
Area Of Work:
Chemicals
Grant Amount:
US$ 38,000.00
Co-Financing Cash:
US$ 51,200.00
Co-Financing in-Kind:
US$ 32,000.00
Project Number:
GHA/SGP/OP6/Y4/CORE/CH/2019/034
Status:
Satisfactorily Completed
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Project Characteristics and Results
Promoting Public Awareness of Global Environment
During the kick-off meeting of the project, stakeholders from the various communities where data will be collected will be invited so that they can be part of the discussions from the on-set. In addition, regulators and other stakeholders will also be part of the team from the beginning.
Getting to the tail end of the project, education on the findings and recommendations will be conducted and the miners, leaders of mining communities, the District/Municipality Mining Committees and other stakeholders will be given the chance to participate. The activities would include participation in a questionnaire, workshops, and town hall meetings
Notable Community Participation
The Mining sector is dominated by the Youth. The project will educate the youth on mining good governance and how to sustain the mining sector.
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Indicators
Empowerment
Number of CBOs / NGOs formed or registered through the SGP project
2
Empowerment
Number of women participated / involved in SGP project
30
Livehood
Number of households who have benefited* from SGP project
100
Biophysical
Number of innovations or new technologies developed / applied
3
Biophysical
Number of national policies informed in POPs focal area
1
Partnership |
| Interministerial Committee on Illegal Mining |
SGP Country office contact
Dr. George Buabin Ortsin
Phone:
233-242-977980
Email:
Ms. Lois Sarpong
Phone:
+233 505740909
Email:
Address
UNDP, Global Environment Facility Small Grants Programme P.O. Box 1423
Accra, Greater Accra, 233-302
Accra, Greater Accra, 233-302
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