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UNIVERSITY OF GHANA
COLLEGE OF BASIC AND APPLIED SCIENCE (CBAS)
COMPLIANCE WITH MINING RECLAMATION POLICIES IN THE ATIWA
DISTRICT
BY
EMMANUELLA OBENG-KORANTENG
(10637448)
THIS THESIS IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON IN
PARTIAL FULFILLMENT OF THE REQUIREMENT FOR THE AWARD OF
MPHIL IN ENVIRONMENTAL SCIENCE DEGREE.
INSTITUTE FOR ENVIRONMENT AND SANITATION STUDIES (IESS)
NOVEMBER, 2020.
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DECLARATION
I, Emmanuella Obeng-Koranteng, hereby declare that this thesis is the result of my original
research except for references duly acknowledged and has been undertaken under the supervision
of Dr Opoku Pabi and Dr Jesse Sey Ayivor, both of the Institute for Environment and Sanitation
Studies (IESS), University of Ghana.
16th September, 2021
………………………………………………………… ……………………………………………
EMMANUELLA OBENG-KORANTENG DATE
STUDENT
……………………………………………………….. ………………………………………………
DR. OPOKU-PABI DATE
PRINCIPAL SUPERVISOR
16th September, 2021
…………………………………………………………. ………………………………………………….
DR. JESSE SEY AYIVOR DATE
CO-SUPERVISOR
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ABSTRACT
Environmental governance in the extractive industry has seen many reforms especially due to the
activities of both illegal and legal small-scale miners. There is no doubt that mining contributes
significantly to the nation’s economy though the process has adverse impacts that need to be
addressed. Reclaiming abandoned mine pits is one way of mitigating the impact of mining. In spite
of this, the level of compliance implementation has not been evaluated. The study sought to assess
compliance with mining reclamation policies in the Atiwa District, specifically, to review mining
regulations; evaluate the role of stakeholders and the level of compliance; examine the extent of
landscape degradation and ascertain community perception of reclamation in the District. A total
number of 387 questionnaires were administered to generate the requisite primary data. Remotely
sensed data were also used to determine the extent of environmental damage. Context analysis was
used to analyze data for the review of regulations and the role of stakeholders and chi-square tests
for community perception. A major observation was the wanton environmental destruction by
mining activities resulting in abandoned open pits, pollution of the Birim River and the destruction
of the vegetation. This was the result of unspecific reclamation regulations and technical language
used in policy formulation. The study further revealed a generally low level of compliance of
stakeholders to mining regulations. Some weaknesses that emerged include challenges in
enforcement and allegations of bribery and corruption. The study concluded that with pragmatic
policy formulation and the engagement of all stakeholders, there would be a win-win situation to
ensure sustainable development. Suggested recommendations include formulating specific mining
reclamation policies that are transparent; collaborating to undertake extensive research on
reclamation; legally recognizing the Tributer system and sensitization of affected communities on
their rights regarding the granting of social licenses.
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DEDICATION
To my Mum and Dad, Lucy and Nana Obeng-Koranteng.
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ACKNOWLEDGEMENT
This thesis could have suffered considerable lapses without the assistance of my supervisors, Dr.
Opoku Pabi and Dr Jesse Sey Ayivor, both of the Institute for Environment and Sanitation Studies
(IESS), University of Ghana. I am grateful to them for their substantial guidance and support from
the beginning to the end of my study.
I am also indebted to Mr Sandow Ali, Head of Mining Department, Environmental Protection
Agency and Mr Isaac Abraham, Head of Communications and the Inspectorate Division of the
Minerals Commission for giving me the necessary information to complete my work.
My sincere gratitude goes to George Amey, Justina Konyo and all staff of the National
Commission for Civic Education (N.C.C.E), Atiwa District Office for their profound interest and
support towards the completion of this work.
To the following people, I am most grateful for their remarkable assistance; Honourable Isaac
Akumaning Asamoah, the District Chief Executive, Mr. Allan Kyeremanteng, Henrietta
Agorhome and Julius Donkor, all of Atiwa District Assembly. I say ayekoo to Mr. Oteng Adjei,
Mr. Asamoah, Mr. Stephen Nyarko, Mr. Opare Wiredu and Mr. Godfred Kwaku, the
Assemblymen of the various mining communities in the District.
Above all, I acknowledge the Almighty God, whose grace has seen me through the completion of
this thesis.
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TABLE OF CONTENT
DECLARATION ............................................................................................................................. i
ABSTRACT .................................................................................................................................... ii
DEDICATION ............................................................................................................................... iii
ACKNOWLEDGEMENT ............................................................................................................. iv
LIST OF FIGURES ....................................................................................................................... xi
LIST OF PLATES ........................................................................................................................ xii
LIST OF TABLES ....................................................................................................................... xiii
LIST OF ABBREVIATIONS ...................................................................................................... xiv
CHAPTER ONE : INTRODUCTION ............................................................................................ 1
1.1 Background to the Study ....................................................................................................... 1
1.2 Research Problem ................................................................................................................. 6
1.3 Research Objectives ............................................................................................................. 8
1.4 Research Questions ............................................................................................................... 9
1.5 Research Hypothesis ............................................................................................................ 9
1.6 Justification for the Study ..................................................................................................... 9
CHAPTER TWO : LITERATURE REVIEW .............................................................................. 13
2.1 Introduction ......................................................................................................................... 13
2.2 Overview of Mining Policies in Ghana ............................................................................... 13
2.2.1. Background to Ghana’s Policy and Legal Framework ................................................ 14
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2.2.2 Pre-Independence ......................................................................................................... 14
2.2.3 Post-Independence ........................................................................................................ 14
2.3 Reclamation and Compliance ............................................................................................. 18
2.3.1 Reclamation Strategies ................................................................................................. 19
2.3.2 Topsoil Management and revegetation ......................................................................... 21
2.3.3 Prerequisites of Compliance ......................................................................................... 22
2.4 Theoretical Framework ....................................................................................................... 23
2.4.1 The Sustainable Development Approach ..................................................................... 23
2.4.2 Introduction to Psychological, Sociological and Economic Theories ......................... 25
2.4.3 Contemporary Theories ................................................................................................ 26
2.4.4 Stakeholder Approaches ............................................................................................... 28
2.4.5 Compliance Testing ...................................................................................................... 29
2.5 Barriers and Enablers to Compliance .................................................................................. 30
2.5.1 Barriers to Compliance ................................................................................................. 30
2.5.2 Enablers to Compliance ................................................................................................ 33
2. 6 Impacts of Mining Reclamation on Natural Systems......................................................... 34
2.6.1 Impact on Vegetation and Wildlife .............................................................................. 34
2.6.2 Impact on Air and Water Systems ................................................................................ 35
2.6.3 Social and Health Impacts ............................................................................................ 36
2.7 Conceptual Framework ....................................................................................................... 37
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CHAPTER THREE : METHODOLOGY .................................................................................... 40
3.1 Introduction ......................................................................................................................... 40
3.1.1 Location and Population ............................................................................................... 40
3.1.2 Vegetation, Soils and Natural Resources ..................................................................... 41
3.1.3 Climate, Geology and Drainage System ....................................................................... 42
3.1.4 Administrative Structure, Economy and Landuse ........................................................ 43
3.2 Research Methods ............................................................................................................... 44
3.3 Data Sources ........................................................................................................................ 45
3.3.1 Primary Data ................................................................................................................. 45
3.3.2 Secondary Data ............................................................................................................. 45
3.4 Sampling Techniques and Sample Size Determination ...................................................... 45
3.4.1 Community Survey ....................................................................................................... 45
3.4.2 Questionnaire Administration....................................................................................... 49
3.4.3 Key Informants’ Interviews .......................................................................................... 49
3.4.4 Mapping of land cover change in mined areas, Remote sensing and GIS ................... 50
3.4.5 Field Observations ........................................................................................................ 50
3.5 Data Analysis ...................................................................................................................... 51
3.5.1 Policy, Legislative and Regulatory Reviews ................................................................ 51
3.5.2 Role of Institutions and Level of Compliance ............................................................ 51
3.5.3 Changes in Mined and Unreclaimed areas ................................................................... 52
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3.5.4 Community Perception ................................................................................................. 52
3.6 Ethical Consideration .......................................................................................................... 53
3.7 Limitations of the Study ...................................................................................................... 53
CHAPTER FOUR : RESULTS OF THE STUDY ....................................................................... 55
4.1 Legal Framework of the Mining Sector .............................................................................. 55
4.1.2 Minerals and Mining Act 2006 ..................................................................................... 55
4.1.3 The Minerals and Mining Act, 2006 (Act 703) ............................................................ 56
4.1.4 Minerals Commission Act, 1993(Act 450) ................................................................... 57
4.1.5 Environmental Protection Agency Act, 1994 (Act 490) and Environmental Assessment
Regulations 1999 (LI 1652) ................................................................................................... 58
4.2 The Role of Institutions and Compliance Assessment ....................................................... 56
4.2.1 The Ministries and State Institutions ............................................................................ 56
4.2.2 Local Governments ....................................................................................................... 58
4.2.3 Compliance by miners .................................................................................................. 64
4.3 Mining Impacts and Reclamation ....................................................................................... 69
4.4 Respondents’ Perception of Reclamation and Mining Impacts .......................................... 73
4.4.1 Demographic Characteristics ........................................................................................ 73
4.4.2 Community Differences ............................................................................................... 77
4.4.3 Extent of Mismanagement ............................................................................................ 77
4.4.4 Sanctions Imposed on Violators of Mining Regulations .............................................. 79
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4.4.5 Local Participation in Mining Activities ...................................................................... 80
4.4.6 Level of Education and Knowledge of Reclamation Regulations ................................ 81
4.4.7 Implications of Reclamation on Livelihoods................................................................ 83
4.4.8 Knowledge of Institutions Responsible for Enforcing Reclamation ............................ 84
4.4.9 Implications of Non-compliance on Occupation .......................................................... 85
4.4.10 Knowledge of Environmental Impact ......................................................................... 87
CHAPTER FIVE : DISCUSSIONS ............................................................................................. 88
5.1 Legal Guidelines, Regulations and Stakeholder Enforcement ............................................ 88
5.2 The Role of Public Institutions and Compliance Assessment ............................................ 90
5.2.1 Assessing the Level of Compliance .............................................................................. 92
5.3 Social and Environmental Impacts of Non-compliance ...................................................... 94
5.4 Perception of Communities on Reclamation ....................................................................... 96
5.4.1 Local Participation in Mining Activities ...................................................................... 96
5.4.2 Sanctions Imposed on Violators ................................................................................... 97
5.4.3 Level of Education and Knowledge of Regulations ..................................................... 98
5.4.4 Implications on Livelihood ........................................................................................... 98
CHAPTER SIX : CONCLUSIONS AND RECOMMENDATIONS .......................................... 99
6.1 Conclusions ......................................................................................................................... 99
6.2 Recommendations ............................................................................................................. 101
REFERENCES ........................................................................................................................... 103
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APPENDIX A- QUESTIONNAIRE GUIDE ............................................................................. 131
APPENDIX B-ETHICAL CONSENT LETTER ....................................................................... 148
APPENDIX C- ALTERNATIVE OCCUPATION OF RESPONDENTS ................................. 151
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LIST OF FIGURES
Figure 1.1 Conceptual Framework of the Study ........................................................................... 39
Figure 3.1 District Map of Atiwa .................................................................................................. 41
Figure 4.1 The Extent of Unreclaimed Pits in 2008 ..................................................................... 70
Figure 4.2 The Extent of Unreclaimed Pits in 2014 ..................................................................... 70
Figure 4.3 The Extent of Unreclaimed Pits in 2019 ..................................................................... 71
Figure 4.4 Community Differences of Respondents..................................................................... 77
Figure 4.5 Extent of Environmental Mismanagement .................................................................. 78
Figure 4.6 Percentages of Local Participation of Respondents .................................................... 81
Figure 4.7 A Graph showing Institutions that Enforce Reclamation ............................................ 84
Figure 4.8 Nature of Environmental Impact ................................................................................. 87
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LIST OF PLATES
Plate 4.1 Self-regulated site at Kwabeng showing reclaimed tailings dam and land cover .......... 67
Plate 4.2 Reclaimed Sites at Kwabeng ......................................................................................... 67
Plate 4.3 General vegetation and gently sloping landforms at Kwabeng. ................................... 68
Plate 4.4 Embankment around the tailings dam and spillage from processing pipes at Kwabeng.
....................................................................................................................................................... 68
Plate 4.5 Operational area at Bomaa attempting reclamation on one of its sites .......................... 69
Plate 4.6 Destruction of productive lands at Kwabeng ................................................................. 72
Plate 4.7 Polluted Birim river with a floating Chanfang machine ............................................... 73
Plate 4.8 A Farmland in a Mining Area ........................................................................................ 78
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LIST OF TABLES
Table 3.1 Sample Distribution by Proportional Allocation .......................................................... 47
Table 3.2 Adopted Scale of Measuring Compliance .................................................................... 49
Table 4.1 Summary of Mining Regulations .................................................................................. 51
Table 4.2 The Roles and Observations of Stakeholders and Institutions in Enforcement ............ 61
Table 4.3 Level of Compliance with Reclamation Requirements. ............................................... 65
Table 4.4 Compliance Assessment ............................................................................................... 66
Table 4.5 Total Area of Reclaimed Pits in Hectares and the Percentage Change ....................... 71
Table 4.6 Environmental Impact of Non-compliance.................................................................. 73
Table 4.7 Demographic Characteristics of Respondents .............................................................. 75
Table 4.8 Sanctions Imposed ........................................................................................................ 79
Table 4.9 Level of Education and Knowledge of Reclamation Regulations ................................ 82
Table 4.10 Impacts of Mining and Reclamation .......................................................................... 83
Table 4.12 Occupation and personal impact of mining ................................................................ 86
Table 4.11 Primary and Secondary Occupation of Respondents ................................................ 151
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LIST OF ABBREVIATIONS
ASM Artisanal and Small-Scale Mining
CHRAJ Commission on Human Rights and
Administrative Justice
EAR Environmental Assessment Regulation
EPA Environmental Protection Agency
EIA Environmental Impact Assessment
EIS Environmental Impact Statement
EMP Environmental Management Plan
EUFL European Union Forest Law
FC Forestry Commission
GIS Geographic Information System
GDP Gross Domestic Product
GSS Ghana Statistical Service
HIV/AIDS Human Immunodeficiency Virus/Acquired
Immune Deficiency Syndrome
IFC International Finance Corporation
IMF International Monetary Fund
KPMG Klynveld Peat Marwick Goerdeler
LI Legislative Instrument
LSM Large-scale Mining
MC Minerals Commission
NGO Non-Governmental Organization
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NCCE National Commission for Civic Education
PNDCL Provisional National Defence Council Law
REDD Reducing Emissions from Deforestation and
Forest Degradation
RSA Reclamation Security Agreement
SSM Small-scale Mining
UK United Kingdom
UN United Nations
UNCED United Nations Commission on Environment
and Development
UNCSD United Nations Commission on Sustainable
Development
UNDP United Nations Development Programme
UNEP United Nations Environment Programme
WHO World Health Organization
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CHAPTER ONE
INTRODUCTION
1.1 Background to the Study
Sustainable environmental and natural resource management is key to the overall development of
every society. Natural resource exploitation particularly mining has become an important
economic activity since the pre-colonial times (Dauda et al., 2013). Minerals are natural resources
used by man in many ways for socio-economic development (Amponsah-Tawiah & Dartey-Baah,
2011). The minerals and mining sector provides materials for road construction; fertilizer
production; manufacturing of hospital equipment; production of computer hardware;
manufacturing of satellites and other countless aspects of human endeavour (Bach & Sundst,
2014). Sustainable environmental and natural resource management, particularly mining, is critical
for holistic development (Aryee,2014).
Globally, mining makes an important contribution to the livelihoods of more than 11 million
people (Shure et al., 2011). Revenue generated from mineral exports boosts local economies,
especially by using local content (Amponsah-Tawiah & Dartey-Baah, 2011). Mine workers are
also able to raise enough income to cater for the educational and health needs of their families and
other household expenses. Taxes accrued to the government are used for undertaking
developmental projects such as road construction, infrastructural development, the supply of
electricity and potable water, especially to rural communities. Many developed countries whose
economies hinge on the mining sector, such as Australia, Canada and Sweden have benefited
immensely from the sector directly and indirectly (Amponsah-Tawiah & Dartey-Baah, 2011).
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In Australia for instance, gold production accounts for 8% of the economy and contributes to 40%
of the country’s export earnings (Australian Trade Commission, 2011). Again, the Australian
mining industry provides direct and indirect employment for about 200,000 and 600,000 people
respectively (Minerals Council of Australia, 2018). Mineral reserves from mining in Africa
constitutes more than 30% and contributes more than 10% in Gross Domestic Product (GDP)
(Smith et al ., 2019). The case is not so different in Ghana where the mining sector employs more
than 1 million people from the small-scale sector and about 27,000 people from the large-scale
sector (McQuilken & Hilson, 2016). In Ghana, revenue from Artisanal and Small-Scale Mining
(ASM) increased to 28% in 2011 from 2.2% in 1989 and 16.3% in 2017 (UNDP, 2017).
Despite the numerous benefits the mining sector provides, the negative impacts are alarming. In
Africa, generally, poverty and hunger in the rural areas have led many subsistence rural dwellers
to engage in unsustainable mining activities. Mining is viewed as the perfect avenue to get rich
quickly (Dubiński, 2013). Unsustainable mining has many adverse environmental impacts. Eroded
sediments laced with heavy metals, for example, obstruct aquatic activities, alter the landscape and
mar the aesthetic nature of the land (Drechsler, 2001). Destruction of the landscape creates
abondoned open pits that serve as death traps to affected communities in many mining areas
(Drechsler, 2001 ; Akabzaa & Darimani, 2001; Aryee et al., 2003 ; Bach et al., 2014 ; Bagah,
2016; Batool et al., 2018).
Social effects of Small-Scale Mining (SSM) on neighbouring communities are also of much
concern. Conflicts usually abound where there is an encroachment on concessions of large-scale
companies (Luning, 2014 ; Opoku-Mensah & Okyere, 2014). Many mining communities record
unusually higher cases of teenage pregnancy as young girls are lured into sexual activities. This
disturbs the cultural setting and increases the spread of sexually transmitted diseases such as
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HIV/AIDS and gonorrhea (McQuilken & Hilson, 2016). Robbery and other social vices are also
common occurrences in these communities as a result of the high standard of living (McQuilken
& Hilson, 2016).
The process of mining involves different stages, including prospecting, exploration, site
preparation and clearing, active mining, reclamation and closure (IFC, 2007). Each stage produces
distinct environmental impacts which can persist even after closure (IFC, 2007). There are two (2)
main types of mining in Ghana. These are Small-Scale Mining (SSM) and Large-Scale Mining
(LSM). Major distinctions between these two types of mining include the scale of operation, types
of equipment employed in the extraction and processing of minerals as well as capital investment
(Bagah, 2016). Artisanal Small-Scale Mining (ASM) has no definite definition but can be said to
employ rudimentary tools in their operations and are labour-intensive (Bagah, 2016). ASM can be
formal or informal. Formal ASM and LSM are licensed, have an environmental permit and comply
with the mining laws unlike the informal ASM popularly known as “Galamsey” which only has
“Social License” to operate but not by law (Shure et al., 2011). They are not regulated, do not
adhere to any mining law and as such, pose serious environmental threats to mining communities.
The Small-Scale Mining Law of 1989 legalizes ASM (PNDCL 218). The sector employs more
than 1 million people and indirectly supports about 4.5 million others (Akabzaa & Sekyire, 2007;
Ayee, 2011).
As compared to LSM, ASM mining involves low capital investment and less sophisticated
machinery. Hilson (2002a) reported that approaching the end of 2002, some LSM companies
adopted a means of successfully co-existing with small-scale operators by leasing portions of the
land to them. These are sections of their concessions that are uneconomical to mine on a large-
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scale (Hilson, 2002a). This mining arrangement is called the Tributary System and the miners who
work on these leased lands are called Tributers ( Hilson, 2002a).
The Minerals Commission accepted this method and as such, companies like Great Consolidated
Diamonds, Goldfields Ghana Limited and Bogoso Gold Limited began to patronize it. These
companies had about 4,000 Tributers (Amankwah & Anim-Sackey, 2004). Tributers use tools like
pickaxes, hammers, sluice boxes, shovels, water pumping machines and pipes, trommels,
excavators and mechanical bulldozers for their operations (Amankwah & Anim-Sackey, 2004).
The ore, which is excavated manually, is crushed with the hammer or jawbreakers, washed in the
sluice boxes and gold concentrates removed. It is then cleaned and amalgamated in pans (Hilson,
2002a). For very small amounts of ore excavated, blowing is used to separate the dust particles
from the gold deposits (Hilson, 2002a).
Many Ghanaians prefer to operate informally due to barriers such as insufficient land space,
financial constraints and bureaucratic bottlenecks involved in obtaining licenses (McQuilken &
Hilson, 2016). Unfortunately, small-scale informal mining is unregulated and leaves devastating
effects on the environment as aforementioned. Abandoned mine pits, in particular, have altered
the landscape and in most cases, serve as death traps that have claimed innocent lives in these
communities (UNEP, 2001). Reclamation of abandoned mine areas is therefore pertinent to restore
the landscape to its acceptable environmental state to keep the ecological integrity of the land
(Lamb & Gilmour, 2005). Good reclamation policies will enhance sustainable mining and
engender sustainable development.
Sustainable development emphasizes the efficient use of resources now and for future benefits
(Dubinski, 2013). This involves the economic, environmental, social and institutional pillars
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(Dubinski, 2013). This is important in ensuring the enhancement of the 17 Sustainable
Development Goals. These include goal 1 of reducing poverty ; goal 3 of promoting well-being at
all ages; goal 6 of ensuring clean water and sanitation ; goal 8 of decent work and economic
growth; goal 13 of climate actions ; goal 14 of protecting aquatic life and goal 15 of ensuring the
efficient use and management of natural resources (Dubinski, 2013).
Against this backdrop, following public outcry to sustain the environment and restore sanity
between miners and inhabitants, the Government of Ghana set up an Inter-Ministerial Tax
Force/Joint Military Tax Force in 2017 popularly known as Operation Vanguard (Government of
Ghana, 2018 ; Ghana Web, 2018 ; Today’s Newspaper, 2018). Necessitated by some concerned
journalists, the 400 member team was set up in response to addressing environmental impacts of
the ASM sector especially in the hotspot areas within the Ashanti, Western and Eastern Regions
of Ghana (Ghana Web, 2018). The team comprised of various enforcement agencies like the Police
and Armed Forces. This was followed by a six-month ban on SSM activities across the country,
seizure of some of the mining equipment and prosecution of some galamseyers (Ghana Web,
2018).
According to the Environmental Protection Agency LI 1652 of 1999, mining companies are
mandated to provide a detailed Environmental Impact Assessment (EIA) stating how concessions
are to be restored. Challenges faced by the mining sector revolve around legal and supervisory
institutions (Hilson, 2002a ; Bansah et al., 2016 ; Teschner, 2013). Under the Environmental
Protection Act 1994, companies must comply with the conditions spelt out to ensure sustainability.
This study focuses on the reclamation of abandoned mine pits in the Atiwa District and the level
of compliance by miners with reclamation policies and legal guidelines.
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1.2 Research Problem
Globally, reclamation has been proven to be an important tool in the restoration of ecosystems of
mining areas and the adjacent communities particularly because of the enforcement of good
reclamation policies and compliance (Hunt, 2013). In Ghana, like other countries such as Kenya,
Australia and Canada, policies and legislations are formulated to regulate mining impacts
(Government of Ghana, 1995 ; Addy, 1998 ; Australian and New Zealand Minerals and Energy
Council, 2000 ; Clarke, 2000 ; Ayee et al., 2011; Amoako-Tuffour, 2019). For instance, companies
are expected by law to reserve a percentage of their revenue to reclaim abandoned mine pits to
restore important ecosystem services per EPA regulations L1 1652, 1999 and Minerals and Mining
Regulations LI 2182 (Ayee, 2011 ; Arthurs & Reay, 2014). Other policies include 1983 Economic
Recovery Programme (ERP) ; Structural Adjustment Programme (SAP) ; EPA’s Reclamation
Security Agreement (Generic) ; 2012 Forest and Wildlife Policy ; Water Resources Commission
Act 1996, Act 522 and the Riparian Buffer Zone Policy, 2013, Volume 2 (Ministry of Lands and
Natural Resources, 2012). Since the introduction of ERP and SAP in Ghana in 1983, the mining
sector continues to face challenges (Akabzaa & Darmani, 2001 ; Ofosu-Mensah, 2011). Generally,
the impacts of mining have been widely researched on by many scholars (Hilson, 2002a ; Hilson,
2012 ; McQuilken & Hilson, 2016 ; Andrews, 2015).
Despite the existence of regulatory regimes, it is increasingly difficult in Ghana for mining
activities to co-exist with indigenous communities that depend on the land for their livelihoods
(Hilson, 2002a ; Thompson, 2015 ; Antwi, 2017). A plethora of assessments reveal the effects of
mining on the environment, the health of affected communities and their livelihoods in Ghana
(Akabzaa & Darimani, 2001 ; Hilson, 2002a ; Akabzaa, 2007; Hilson, 2012 ; McQuilken & Hilson,
2016 ; Aidoo, 2017). Brugger (2014) revealed that in the Amansie West and Denkyembuor
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Districts, for instance, many farms have been destroyed. This is also the case in the Atiwa District
where miners contact the traditional authorities and negotiate for the land without regard to the
local people who depend on the land for farming activities (Bansah et al., 2016).
Studies carried out in mining areas in Ghana indicate that after mining, the lands are usually left
bare and unreclaimed (Hilson, 2012 ; Afriyie et al., 2016 ; Amponsah-Tawiah & Dartey-Baah,
2011 ; Ansah, 2016 ; Bansah et al., 2016). This deprives farmers of prime farmlands for farming
activities leading to poverty as they lose their income. Reports by the media also indicate that the
pools of water created from abandoned mine pits also become breeding grounds for mosquitoes
besides being death traps (Citi FM Online, 2017 ; Today’s Newspaper, 2018 ; Ghana Web, 2018).
The result is that farmers become poorer because they lose their lands (Amponsah-Tawiah &
Dartey-Baah, 2011). Farmers then move on to other uncultivated lands and the cycle continues
(Amponsah-Tawiah & Dartey-Baah, 2011). The activities of illegal miners on encroached
concessions of mining companies are difficult to monitor because they resort to operate at night to
avoid government officials and local authorities in the District (Hilson, 2001 ; McQuilken &
Hilson, 2016).
Very few studies have been documented on reclamation, specifically on abandoned open mine pits
and policies that ensure compliance of mining regulations. Existing research work include that of
AngloGold Ashanti on “Costed Reclamation Strategies at the Teberibie Mines” and Saman-Juaso
and Newmont Ghana Limited on “Reclamation and Afforestation of Mined lands” (Tetteh et al.,
2015 ; Ansah, 2016). These studies reviewed mining reclamation strategies with details on the
acreage of land that could be reclaimed, the financial commitment to undertake reclamation
activities according to the Reclamation Security Agreement and the expected duration of the
projects.
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Despite these obvious challenges to compliance implementation, research focuses largely on
impacts. Not much emphasis has been placed on compliance and regulations, the effectiveness of
regulatory bodies and local authorities and the subsequent impacts on affected communities. In
view of this, the question is, what is the level of compliance to mining entities with these
regulations? What are the weaknesses and barriers in regulations that undermine compliance
implementation? The provision of answers to these questions will help address the weaknesses in
the policies, legislative instruments and implementation strategies that result in weak compliance
and subsequent impacts on the environment and communities.
The Atiwa District of Ghana has experienced intense mining activities with several reported cases
of negative environmental as well as socio-economic impacts in the area (Eastern Regional
Coordinating Council, 2016). Such adverse impacts include the destruction of farmlands and the
landscape; pollution of the Birim River ; abandoned open pits that serve as death traps ; the upsurge
of teenage pregnancy and sexually transmitted diseases; social vices like drug abuse and theft
(Eastern Regional Coordinating Council, 2016). This study, therefore, addresses the level of
compliance with the reclamation policy requirements. The study was centred on four communities,
Kwabeng, Bomaa, Akrofufu and Akwabuoso.
1.3 Research Objectives
The main objective of the study was to assess compliance by mining companies with mining
reclamation policies in the Atiwa District. The ultimate aim was to enhance theoretical
understanding and inform policy decisions.
The specific objectives for the study were:
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To review the existing policy and legal framework on reclamation in the country.
To assess the level of compliance and the role of public agencies and institutions.
To examine the extent of damage caused by abandoned mine pits .
To analyze the perception of the people on reclamation and the impacts of mining.
1.4 Research Questions
What are the existing policies and legal framework that address reclamation?
What are the roles of institutions and agencies in ensuring compliance?
What is the level of compliance of mining groups in the Atiwa District according to
reclamation regulations?
What is the extent of damage caused by abandoned mine pits?
What is the perception of the people on reclamation of abandoned mine pits?
1.5 Research Hypothesis
The following hypothesis was proposed:
H0: Non-compliance with reclamation does not affect the livelihoods of the people.
H1: Non-compliance has negatively affected the livelihoods of the people.
1.6 Justification for the Study
Despite the establishment of various mining regulations like the Minerals and Mining Act, 2006
(Act 703), the Minerals Commission Act, 1993 (Act 450) and the Environmental Protection Act,
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1994 (Act 490) (Akabzaa, 2007; Amponsah-Tawiah, 2011; Arthurs & Reay, 2014), environmental
impacts of mining continue to be a major concern to the society. A major weakness is the lack of
specific reclamation policies, technicalities used in policy documents and confidentiality of some
information on the performance of mining companies (Hilson, 2001). Documentation of
reclamation policies, practices and implementation strategies has been relegated to the
background.
Key stakeholders in the mining sector are the Minerals Commission, EPA, Operation Vanguard
Tax Force, Traditional authorities, small-scale and large-scale miners and community members.
Some enforcement challenges faced include allegations of bribery and corruption, lack of
collaboration, inadequate logistics, political interference and overlapping roles (Hilson, 2001;
Bansah et al., 2016). According to Bansah et al. (2016) and Teschner (2013), enforcement and
monitoring of legal and small-scale miners are limited. Techner’s work on a comparison between
Goldfields, Tarkwa and Damang reveal that usually, the authority of traditional leaders are
undermined and chieftaincy disputes ensue (Techner, 2013). This causes disunity and lack of
cooperation in the affected communities due to poor accountability. Hence, investigating the level
of compliance of stakeholders is important.
However, Hilson (2002a) and Dumakor-Dupey (2017) recognize that all types of mining have an
impact on natural systems and livelihoods. Several media reports focus on ASM to the detriment
of large-scale and legal mining impacts (Taylor, 2017 ; My Joy Online, 2020 ; Business and Human
Rights Resource Centre, 2020). These reports indicated several cases of abandoned mine pits
caving in and killing some artisanal small-scale miners and community members on LSM
concessions in Paanyinikrom, Prestea and Anyanfuri in the Western and Central Regions
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respectively (Taylor, 2017 ; My Joy Online, 2020 ; Business and Human Rights Resource Centre,
2020).
Many scholars argue about the lack of education, awareness and non-involvement of affected
communities in mining activities (Hilson, 2001; Hilson, 2002a ; Hilson, 2002b ; Prno &
Slocombe, 2012 ; McQuilken et al., 2016). This makes it challenging for the people to cooperate
and hold stakeholders accountable for the menace mining activities create in the District.
Extinct literature on reclamation policies and compliance of regulatory and enforcement agencies
indicate recurring incidences of environmental impacts and livelihood issues in mining
communities (Hilson, 2003 ; Hilson, 2004). This study would inform policy makers to formulate
specific reclamation policies; assess the role of stakeholders in ensuring compliance and reduce
adverse environmental impacts. Community members would also be able to hold stakeholders
accountable for their actions. It is against this backdrop that this study sought to understand mining
policies and compliance issues of miners in the Atiwa District of Ghana.
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CHAPTER TWO
LITERATURE REVIEW
2.1 Introduction
This chapter discusses relevant literature that emerged in the course of the study. Some themes
discussed include the sustainable development approach, theoretical framework, pre-requisites of
compliance to mining regulations, reclamation and compliance. Environmental governance has
been associated with many arguments by conservationists (Tetteh et al., 2015; Pattberg &
Biermann, 2008; Brian et al., 2016). The sustainable development approach best serves as a
foundation for solving the complex issues of our world.
2.2 Overview of Mining Policies in Ghana
Ghana, formerly known as Gold Coast, has a rich history of mineral endowment particularly gold
accounting for more than 95% of mineral revenues (Arthurs & Reay, 2014). The mining sector
currently contributes approximately 41% of total export earnings, 14% of total tax revenues and
5.5% of Ghana’s Gross Domestic Product (GDP) (Ayee et al., 2011). Ghana’s economic
challenges even as Africa’s second-largest gold producer emanates from issues concerning
institutions and the political environment (Ayee et al., 2011).
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2.2.1. Background to Ghana’s Policy and Legal Framework
2.2.2 Pre-Independence
Mining in Ghana started as far back as the 14th century with small-scale gold mining (Akabzaa &
Darimani, 2001). In the 15th century, during the Pre-Independence period, Ghana was credited with
36% of the total world gold output (Arthurs & Reay, 2014). Small-scale gold miners worked with
rudimentary tools, in groups, on small concessions (Akabzaa & Darimani, 2001). This was until
the establishment of large-scale gold mining by the British and the banning of private small-scale
gold miners after the 1932 Mercury Law (PNDC Law 217) was passed (Hilson, 2002b). The
Mercury Ordinance of 1932 was the first legislation passed by the British Colonial Masters, which
made the use of mercury in small-scale mining illegal (Hilson, 2002b; Hilson & Haselip, 2004;
Jonsson et al.,2009). Though the Ordinance did not prohibit small-scale mining, the native
Africans regarded it as an act ostensibly to turn gold mining into the preserve of Europeans since
effective extraction of gold from the ore at the time was only by the use of Mercury (Akabzaa &
Darimani, 2001; Hilson, 2001). Given this, there was not enough labour for the British to sustain
the industry especially because many Ghanaians preferred to mine independently, with others more
interested in other productive ventures like cocoa processing and industries (Hilson, 2002b). This
resulted in the upsurge of illegal mining activities in the country (Akabzaa & Darimani, 2001 ;
Hilson, 2002b).
2.2.3 Post-Independence
After Independence, the state gained ownership of all mineral resources from 1957 to 1986
(Akabzaa & Darimani, 2001 ; Tsikata, 1997 ; Addy, 1998 ; Darimani, 2001 ; Hilson & Haselip,
2004). Attempts to reinforce the ban on the use of Mercury were not successful because of land
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ownership and livelihood issues. Later in 1966, Konongo was nationalized and the state
subsequently took control of the Obuasi mine in 1972 (Hilson & Haselip, 2004). In 1983, there
was general stagnation in the industry except in a few instances. The poor performance was due to
uncertainty by investors investing in Ghana (Arthurs & Reay, 2014). This was especially because
there was not enough foreign exchange to acquire spare parts for mining equipment, machinery
and other logistics. Performance of the industry had been dwindling with public outcries of health,
safety and changes in the ecosystem (Amoako-Tuffour, 2019).
Public concerns on the negative environmental and social impacts associated with underground
mining began to build up after almost two decades of the Minerals and Mining Law PNDCL 153
was enforced (Minerals and Mining Law, 1986). Due to these, surface mining companies sprang
up neglecting the traditional underground mines. They used advanced technology that had
detrimental effects on the environment especially leaching of toxic chemicals. This required
experts and soon after, the unskilled local people were laid off (Arthurs & Reay, 2014 ).
Frequent conflicts between mining companies and the communities also emerged over issues of
resettlement and compensation. This was because the living conditions of the people began to
deteriorate and corruption on the part of mining companies and the local authorities set in.
Obtaining ‘Social License’ became an issue (Arthurs & Reay, 2014). Soon, communities began to
lose trust in local authorities and became agitated. Traditional authorities also played the blame
game of accusing the government of not giving them their fair share of proceeds from the mining
activities in the form of royalties. This was to enable them to undertake developmental projects to
better the lives of the people (Arthurs & Reay, 2014). The Ghana Chamber of Mines supported
these arguments (Arthurs & Reay, 2014). Mining companies were confronted and they claimed to
have been complying with statutory requirements but accused the central government of unequal
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distribution of taxes and royalties at the local levels (Arthurs & Reay, 2014). Meanwhile, mining
companies and artisanal miners continued squabbling over land space especially because of the
statutory limitations small-scale miners could lease (Arthurs & Reay, 2014).
In Adansi West (Obuasi) and Wassa West (Tarkwa), most of the lands are either owned by large-
scale mining companies or designated as forest reserves hence encroachment on these lands
(Arthurs & Reay, 2014). Consequently, mining companies, the government and the communities
had to bear the brunt because there appeared to be little provision for settling conflicts in the then
mining code (Arthurs & Reay, 2014).
However, the early Post-Independence period saw many changes. Mining concessions were taken
over to ensure national interest (UN, 1962). The government also had the power to suspend or
terminate mineral rights for poor performance and acquire 51% majority shares in mining
companies in the country. This was spelt out in the then Minerals Act 126,1962 (Amoako-Tuffour,
2019). Some problems encountered were a lack of clearly defined legal and fiscal regimes and
deteriorating infrastructure (Amoako-Tuffour, 2019). This made maintenance and rehabilitation
of mines extremely difficult (Amoako-Tuffour, 2019). Early 1980, there was no significant
investment in the industry and little support from the government.
In 1980, developing countries began to formulate structured policies to attract foreign investors
and promote public participation as required by the World Bank and IMF (International Monetary
Fund) (Akabzaa & Darimani, 2001). Some conditions attached to this new development were:
good geological conditions; a good legal framework and structured policies. It was until 1983 that
the Small-Scale Mining Law (PNDCL, 218) was enacted to legalize the use of mercury in the
country (Akabzaa & Darimani, 2001). In 1983, the Economic Recovery Programme (ERP) and
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the Structural Adjustment Programme (SAP) was launched to create more jobs and attract private
investors (Ofosu-Mensah, 2011). Due to this, small-scale mining became operational but only with
the acquisition of licenses and concessions of not more than 25 acres (Hilson, 2001; Ykovlena,
2007). This decision encouraged some mining companies to either restructure to expand their
operations (Ashanti Goldfields Limited) or seek financial assistance from foreign donors (Tarkwa
and Prestea Gold Mine) (Amoako-Tuffour, 2019). Some of the requirements for SAP were
rehabilitation of state-owned mines (Akabzaa & Darimani, 2001).
However, there were two groups of miners, namely legal and illegal small-scale miners working
on concessions of large-scale mining companies. It became difficult distinguishing between
operations of the two groups because of difficulty in obtaining licenses (Amankwa & Anim
Sackey, 2004). Activities of illegal small-scale miners began to thrive as a result of critical
weaknesses in policies, bureaucratic processes of obtaining a license and lack of jobs, especially
in the rural areas (Hilson & Potter, 2003; Ofosu-Mensah, 2011; Banchiriga, 2008).
Gold mining forms a significant part of Ghana’s economy (Arthurs & Reay, 2014). Over 29,000
people in the large-scale mining industry and about one million in the Small-scale mining industry
benefit from gold mining in Ghana (Arthurs & Reay, 2014). Total gold production was at its peak
in 2012 (Arthurs & Reay, 2014). Despite this, challenges such as environmental pollution as well
as the inability of state institutions to monitor and ensure compliance with laws and regulations
remained (Amoako-Tufour, 2019).
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2.3 Reclamation and Compliance
Lamb & Gilmour (2003) emphasize that mine closure involves filling back mine voids, re-
contouring, topsoil management and revegetating the land to reduce the adverse impacts of mining
on the environment (Hayes, 2015; Abd Rashid et al., 2015). Compliance, according to Aronson
(2007), is the act or ability to adhere to or act in conformity with an established rule, principle or
guideline. It is the mandate of an organization to obey its internal and external policies (Aronson,
2007). Also, regulations and enforcement are practical measures to prevent people from violating
regulations. Environmental governance is defined by Agyemang & Castellini (2015) as the
application of policy instruments by an organization to ensure the achievement of their objectives
in a transparent way that is efficient and effective involving all stakeholders. These stakeholders
include International Organizations like Food and Agricultural Organization, World Health
Organization and United Nations Environment Programme (UNEP) (Agyemeng & Castelli, 2015).
This also includes Non-Governmental Organizations (NGOs) and other multilateral financial
institutions like the World Bank and International Monetary Fund (IMF). Good environmental
governance is therefore crucial in ensuring compliance (Agyemeng & Castelli, 2015).
Mining is a process that begins with discovering the location of a mineral deposit, its economic
value, processes to extract them and closure as well as rehabilitation of mined-out sites (UNEP,
2001). These can be undertaken after mining operations, once a concession has been worked on.
Reclamation should be planned before the core mining activity. This should consider the use of
environmentally friendly technology and the capacity of the company to comply with the
regulations at each stage (Siddarth,2004). This should also be spelt out in the Environmental
Impact Assessment (EIA) and the Environmental Management Plan (EMP) submitted to the EPA
(Asiedu,2013). Reichenauer & Germida (2008) agree that reclamation involves filling back pits
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appropriately; draining water out of trenches; restoring soil properties (depending on the end-use
of the land) and tree planting or afforestation programmes (Yeldell & Squires, 2016). Reclamation
centres on pit areas, tailings dams, haul and access roads and waste dumps (DOW Jones Inc.,2020).
However, this research focused on pit areas because of the nature of the problem.
2.3.1 Reclamation Strategies
Types of reclamation programmes include natural recovery, assisted restoration or a combination
of the two methods (Tordoff et al., 2000 ; Li, 2006). According to Asiedu (2013), the successful
reclamation of previously mined lands takes at least 5 years. Poor planning of these practices
warrants failure right from the onset (Asiedu, 2013). Natural recovery methods deal with leaving
the land fallow to regain its fertility after mining activities have taken place (Sheoran et al.,2010).
When the topsoil is stripped off, it should be well stored to reduce the risk of erosion and the ability
to lose its fertility (Sheoran et al.,2010). Additional chemical or natural components like manure
or compost could be added to it to increase its fertility (Sheoran et al.,2010). Assisted restoration
could also be undertaken by using topsoil from dugout pits to fill concurrent mining pits or by
introducing nitrogen-fixing plants (Kuter, 2013; University of Wyoming, 2020; Pecharova et al.,
2011).
In many industrialized countries, affected groups serve as watchdogs to mine managers to
undertake reclamation exercises as required by the law (Smith, 2007). In Australia, according to
Smith (2007), the Beenup Mine which has been successfully reclaimed, emphasizes the end-use
of abandoned mines if reclamation should be effective. Mcmahon & Sheldon (2002) stated that if
mining is not seen as temporary land use, reclamation would be far-fetched. Lessons derived from
the Beenup Mine assert the importance of community participation and the end-use of mined land.
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Misima Gold Mine in Papua New Guinea is also a case of successful mine closure (Smith, 2007).
Couman (2002) unveils that aside the engagement of the communities in the mining process,
reclamation, to a large extent depends on specific legal requirements. Again, even though mining
regulations are sited specifically, Couman (2002) and Michael et al. (2015) agree that reclamation
requirements are broad.
At AngloGold Ashanti, Iduapriem mine, reclamation has been successful over the years (Arhinful
& Agyei, 2017). This involved two main processes such as recontouring and revegetating the
landscape according to Arhinful & Agyei (2017). The EPA Act 490 (1994) and LI 1652 (1999)
was adhered to, as a reclamation bond between the EPA and the company was signed. Also,
nitrogen-fixing tree species used in the reclamation process were Acacia magnum, Gliricidia
sepium, Senna siamea, and Leucaena leucocephala. Adopted practices employed included
earthworks, construction of drains to control erosion and afforestation (Arhinful & Agyei, 2017).
According to the EIS (Environmental Impact Statement) of the Akyem Gold Mining Project, the
reclamation practice should involve regrading roads and monitoring the reclamation success apart
from the aforementioned for AngloGold. Reclamation activities taken into consideration were
topsoil management, regrading and revegetation. It was also noted that for water in open pits to
synchronize with conditions of the surrounding water, it could take up to 200 years (MESTI, 2019).
The company introduced fishes into pit lakes to feed on mosquito larvae (MESTI, 2019). This was
done to reduce the incidence of malaria in affected communities. At Teberebie Goldfields Limited,
miners used the self-regulation approach and submitted all the necessary reports to the EPA
(MESTI, 2019). EPA inspected the site just once in two years (MESTI, 2019). Inadequate logistics,
therefore, posed a challenge for the EPA in carrying out mine inspection (Domfeh, 2003).
Moreover, disseminating information on best reclamation practices also remains a challenge
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(Sheoran et al., 2010). This is due to the unique features of each landscape through a few standard
procedures. Factors that must be considered during the reclamation process include describing the
constituent of overburden and waste, restoring land capacity by backfilling with topsoil,
landscaping to controlling soil erosion and planting techniques (Luo & Tu, 2018).
2.3.2 Topsoil Management and revegetation
Topsoil management is important in reclamation and rehabilitation because it usually contains the
necessary nutrients for plant growth (Reinhardt & Kuhlemeier, 2002). In undertaking small-scale
gold mining, the vegetation is cleared and topsoil removed and separated from the subsoil to be
used later for reclamation as it is nutrient-rich (Reinhardt & Kuhlemeier, 2002). Sublayers are
usually dug to a depth of about 1 meter (Yelpaala & Ali, 2005). Asiedu (2013) asserted that topsoil
and subsoil in Ghana are usually mixed in the case where topsoils are too thin. The aim of topsoil
management is primarily for the landscape and vegetation to blend with the surrounding natural
environment. The slope should also not be too steep to encourage runoff or too gentle to retain
much water (Asiedu, 2013). Mustapha (2013) proposes ways to protect topsoil from erosion to
preserve it properly. These include removing the topsoil after clearing before actual mining starts,
piling topsoil in a designated area and creating embankments around the piled topsoil to prevent
erosion (Tardoff et al., 2000).
Fast-growing nitrogen-fixing species (grasses and legumes) increase the organic matter and
nitrogen content of the soil at the initial stages (Conesa et al., 2007). This controls erosion and
provides fuelwood for medicinal purposes. After about two to three years, mixed species of local
and exotic origin are cultivated to test the stability of the soil (Lamb & Gilmour, 2005). Indicators
for measuring revegetation include physical, chemical and biological properties, plant vigour and
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resistance. For example, in AngloGold Ashanti, tree species like Leptaspis cochleata, Streptomyces
gerontogea, Centothena spp., Cyrtococcum spp., Olyra latifolia, Oplismmenus spp., and Panium
are used (Arhinful & Agyei,2017). Asiedu (2013) in his attempt to describe usual reclamation
practices in Ghana realized that most of these activities are undertaken close to water sources,
slopes usually do not exceed 300 and pits are backfilled.
2.3.3 Prerequisites of Compliance
The Environmental Protection Agency (EPA) requires an Environmental Impact Assessment
Report (EIA) during and after mining activities (Arhinful & Agyei, 2017). One reason for this is
to ensure public participation in the development planning process (Arhinful & Agyei, 2017). That
way, mine workers are put on their toes. An EIA report and mine closure plan must be submitted
for a license to be issued to start operations and this must include a reclamation bond (Arhinful &
Agyei, 2017). Therefore, reclamation security agreements are a pre-requisite for acquiring licenses
taking into consideration the capacity of the mining company to carry out the said reclamation plan
stated in its Environmental Management Plan (EMP) (Clarke, 2000).
In some countries like the United Kingdom (UK), United States of America (USA), Australia and
Canada, there are detailed and comprehensive mine closure plans enacted in specific
environmental legislation (Clarke, 2000). In Clarke’s findings, countries were grouped according
to mining reclamation policies or documents. In the various groupings, there were many
similarities (Clarke, 2000).
Countries in Category A included the USA, UK, Australia and Europe. In these countries, there
are specific environmental and social requirements that directly or indirectly affect mine closure.
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In Category B, provision for mine closure depends on the age of the country’s mining law, the
activities of past mining companies and other related environmental policies. Clarke (2000)
concluded that countries with old mining laws do not have provisions for mine closure. Typical of
this is Chile. Others also only have general plans in their mining agreements. Mantey (2016), also
established that Reclamation Security Agreement (RSA) between the environmental agencies and
mining companies mandate them to provide security (financial bonds) to EPA as a guarantee
against the company’s reclamation on the issuance of a closure certificate. Countries like Latin
America, Ghana, Burkina Faso, Zimbabwe and Zambia constitute this group. However, conditions
prevailing in each mine has important considerations (Arhinful & Agyei, 2017).
Garcia (2008), also adopted compliance schemes according to the magnitude of environmental
impacts. In Category A were projects with significant and irreversible environmental impacts,
Category B with limited and usually site-specific impacts that can be mitigated and Category C
with little or no environmental impacts. In Europe, USA, Peru, Chile, South America and Mexico,
specific requirements, either in separate closure policies as single documents or embedded in the
general environmental laws are overseen by distinct regulatory bodies (Garcia, 2008).
2.4 Theoretical Framework
2.4.1 The Sustainable Development Approach
The extensive use of our resources to the detriment of the environment necessitated the need for
some environmental decisions (Behrens et al., 2007). Attempts to address environmental
degradation have led to the issuing of various declarations and laws at the national and
international levels (NCCE, 2017). At the international level, arguments on the utilization and
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management of the world’s resources became apparent by the ‘North’ and ‘South’ (Sands, 2012).
Seemingly, the North were primary polluters and consumers of these resources especially after
being able to resolve largely, the challenges that arose from the elementary issues of poverty and
increasing population faced by the South (Sands, 2012). Again, issues of equity and efficient
allocation emerged. A consensus had to be reached to attempt to satisfy both parties by bestowing
different responsibilities taking into consideration the environment and poverty, population growth
and consumption of resources (Bringmann, 2009).
Sustainable development, as defined by the “Brundtland Report” is the efficient use of resources
presently and for future benefits (Dubiński, 2013; Hunt, 2013). It is an umbrella term that includes
environmental, social, economic dimensions and institutions and their means of implementation
(Sands, 2012). Sustainable development is a continuous process (Dubiński, 2013). Sustainable
development of mining, therefore, requires expertise and ‘social licenses’ to operate. This inspired
the UN in coming out with the Sustainable Development Goals (SDGs 2015-2030) of which 10
out of 17 goals are environmentally related (Sands, 2012). Sustainable development revolves
around four landmark conferences on environment and development. These are : the 1972 UN
Conference on Human Environment (Stockholm Conference); the 1992 UN Conference on
Environment and Development (UNCED, Rio Conference, Earth Summit); the 2002 World
Summit on Sustainable Development (Johannesburg Summit) and the 2012 UN Conference on
Sustainable Development (Rio+ 20) (Andresen, n.d).
Environmental sustainability implies that the rate of depletion should not exceed the rate of
regeneration and natural growth (Brian et al., 2016). Economically, the exploitation of resources,
investment and technology should be coordinated to enhance both current and future generation
potentials (Biermann et al.,2009). Substitutes must also be considered and included in policies.
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Institutions should also be empowered to make changes and enforce environmental laws because
well-structured plans with effective institutions produce sharp results. Most importantly, in the
centre of it all, mankind should enhance his living condition. The approach should be people-
driven, that is, maintain the cultural identity of the people.
According to Sutinen & Kuperan (1999) and Hajer (2003), environmental policy making and
compliance with regulations have been given little recognition. As such there are no standard
models for compliance with environmental policies (Sutinen & Kuperan 1999; Hajer, 2003).
Several theories propose an understanding of compliant behaviour (Levine & Tap, 1997; Becker,
1968 ; Bentham, 1789). These theories attempt to understand why some operators are compliant
while others are not, weaknesses in adopted compliance methods and propose ways of breaching
the gap. Some of these models apply psychological, sociological and economic systems or a mix
of these systems.
2.4.2 Introduction to Psychological, Sociological and Economic Theories
From the psychological perspective, these theories embrace reasons for compliance based on
moral grounds (Becker, 1968). The theories analyze criminal behaviour based on an individual’s
sense of what is wrong and what is right. These can either be inculcated by the individual’s own
deep belief and upbringing (Kohlberg, 1969; Levine & Tap, 1977). On the other hand, an
individual’s attitude based on societal or external influence affects his/her decision to comply with
environmental regulations (Akers, 1985 ; Aronfreed, 1968, 1969 ; Bandura, 1969). In this sense,
compliance becomes obligatory. In other words, the more compliant society is, the higher the level
of compliance operators exhibit (Mischel & Mischel, 1976).
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Again, the need to comply, as espoused by Alingham & Sandmo (1972) is likely to emerge from
keeping a good name in society. Some operators prioritize having respect in society to avoid
disruption with their activities. Operators believe that their compliance compels society to also
comply with some of their activities. Sutinen & Kuperan (1999) and Becker (1968) argued that
moral suasion does not always work with policy. They explained that, in instances where the belief
systems of operators are not in alignment with policies, non-compliance is likely to occur. This is
because, some of the policies may appear to the people as being unfair (Becker, 1968; Sutinen &
Kuperan, 1999).
Some economic theories make use of deterrence models to establish the behaviour of violators to
environmental regulations. In this case, criminal behaviour is juxtaposed to maximizing
satisfaction with reasonable cost. In other words, non-compliance is likely to occur when the
benefits derived from activities outweigh the environmental cost to comply (Smith, 1759;
Bentham, 1789). Becker (1969) argued that the most potent economic measure for compliance is
the imposition of penalties. However, critics believe that environmental penalties are not feasible
and sanctions are not properly defined to encourage compliance with regulations (Ackers, 1985 ;
Aronfreed, 1968).
2.4.3 Contemporary Theories
In recent times, modern, practical theories of compliance have developed. The one that gained
popularity is the theory of Institutionalism (Rorie, 2015). The institutional theory was developed
by John Meyer and Ryan Rowan in the late 1970s (Rorie, 2015). It explains institutional structures,
their internal regulations and how operators respond to external policy requirements (Greenwood,
1996). According to Scott (2008), it is a theory based on accepted routine practices of operators in
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institutions but with no standard or appropriate behaviour on compliance. The theory assumes that
over time, all companies exhibit the same behaviour patterns (Scott, 2008). These processes can
be categorized into three forms (Scott, 2008). These are a company’s compliance with government
regulations; a company copying best practices from its competitors and a company which initiates
a change to promote professionalism (Scott, 2008). A much deeper understanding of the theory of
Institutionalism was then proposed in the mid-1980s called Neo-Institutionalism (Greenwood,
1996).
Neo-Institutionalism was proposed by an American Political Scientist called James G. March and
a Norwegian Political Scientist named Johan P. Olsen (Breuning & Ishiyama, 2011). This theory
incorporates the need to examine institutional constraints in tailoring external regulations to a
company’s regulatory regime (Meyer, 1977). It is a more scientific and quantitative approach as
compared to the theory of Institutionalism (Meyer, 1977). The theory used the Game Theory
approach to explain its assumptions. Mirowski (1992) explained that two or more players
anticipate decisions of their opponents to make rational choices out of self-interest to maximize
satisfaction. The assumptions are that all players are rational and seek to maximize utility with
limited available resources (Von Neuman & Morgenstern, 1944). This theory aimed to increase
productivity by resorting to compensations and practical policies that firms can adopt to promote
legitimacy (Meyer, 1977). Scott (2008), emphasized the blend of social, economic and political
actors. The theory recognizes the power interplay between political actors acting out of self-
interest as barriers that may hinder compliance with regulations (Scott, 2008). A major critic of
Neo-Institutionalism is that it is skewed to the developed than the developing nations (Von
Neuman & Morgenstern, 1944). However, Neo-Institutionalism still provides a rich theoretical
framework for the study of human behaviour in organizational management and encourages
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operators to make the most rational choices to increase productivity (Von Neuman & Morgenstern,
1944).
Again, others categorized compliance with environmental theories according to a regulatory
approach (Fang et al.,1994). This has been a traditional practice where compliance, monitoring
and inspection is done by regulatory agencies or third party agencies (Fang et al., 1994). In some
jurisdictions like Canada and USA, regulatory agencies are given certain rights to internal
documents and facilities of operators (Fang et al., 1994). Inspectors can also summon or sanction
defaulters according to the regulations (Fang et al., 1994). In the USA, the Clean Water and Air
Amendments of 1990 permits inspectors to retain that power. Some sanctions imposed include
court orders, injunctions and prosecution (Fang et al., 1994). Weaknesses with this approach
include inadequate logistics resulting in lack of rigorous monitoring, enforcement, inspection and
insignificant penalties imposed as compared to operator revenues (Minerals Commission, 2015).
2.4.4 Stakeholder Approaches
Four policy approaches have been considered in the literature (Tuokuu et al., 2019). These
approaches include Participatory Democracy, Discursive Democracy, Deliberative Democracy
and Stakeholder Approach (Tuokuu et al., 2019).
Participatory Democracy is hinged on equal citizen power with political actors (Webler, 1995;
Palerm, 2000). However, critics describe this approach as unrealistic since all parties would have
to be represented. The choice of whose voice matters and to what extent citizens have that power
is a difficult decision to make and is likely to create marginalized fractions among the people
(Danielson, 2015; Cotton & Mahroos-Alsaiari, 2015). Discursive Democracy, built on the
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Participatory Approach, acknowledges dissenting views of all stakeholders in the decision-making
process (Durnova et al., 2016). Deliberative Democracy is also inclusive of marginalized groups.
This approach persuades the minority to support their agenda (Fishkin, 1999; Barber, 2003).
Critics argue about the lack of legitimacy in avoiding opposite views (Cohen, 1997). Lastly, the
Stakeholder Approach realizes all stakeholders as superior, especially community members
(Freeman & Velamuri, 2006). This helps reduce conflict of interest and promotes legitimacy
(Curry et al., 2013). The most common approach used is the Stakeholder Approach (Idemudia,
2014).
2.4.5 Compliance Testing
Levels of compliance testing have distinct interpretations. Some are analyzed based on the
outcome, as is done by using the checklist presented in a qualitative or quantitative format,
statistical or in the narrative (Gagnon, 1998). From the available information, the literature
reviewed both the qualitative and quantitative approaches were used (Pinto et al., 2017 ; Domfeh,
2003). There is more emphasis on understanding the concept and detailing criteria peculiar to each
country and situation (Domfeh, 2003). Tetteh et al. (2015) also suggested measuring vulnerability
assessment factors like internal policies adopted by the company and the probability that
regulations may not be adhered to, regarding the nature of the regulation and the availability of
resources in assessing compliance. Again, a new dimension by Parker (2000), explains not just
the ability to comply with regulations but also, the willingness to comply or ensure self-compliance
by way of economic incentives instead of robust and strict enforcement practices (compliance-
oriented regulation).
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Adopted for this study, research undertaken by Pinto et al. (2017) categorized compliance into
four components. The level of compliance above 80% denoted high compliance; 60 to 79%,
medium; between 40 and 59%, low and below 40% no compliance. This was adopted to give
greater statistical validity to criteria used in the checklist.
2.5 Barriers and Enablers to Compliance
2.5.1 Barriers to Compliance
Barriers to mine closure can be attributed to failures in the environmental governance system, poor
planning, legal and financial constraints and lack of social licenses. Anukwonke (2015), indicated
the need for natural resources to be governed by the central government instead of being used as
public or communal goods. Previously, policy makers did not consider environmental management
as a necessity but rather a hindrance to economic growth due to the environmental cost involved
(Aryee, 2014). It is rather disheartening that environmental governance is entangled with political
power instead of the well-being of the populace (Anukwonke, 2015). Instruments like Sustainable
Environmental Assessment (SEA) and Environmental Impact Assessment are key to ensuring
effective and efficient monitoring of the environment in the long run (Aryee, 2014).
However, mining cannot be discussed without making mention of formalizing ASM because of
encroachment on small-scale and large-scale mining concessions (Bagah, 2016). McQuilken &
Hilson (2016) assert that the greatest challenges concerning unsustainable mining are lack of land,
insufficient funds and the autocratic nature of acquiring licenses. Teschner (2013) notes that the
Tributer system has gained popularity among large and small-scale miners. However, illegal
miners encroach on their concessions (Teschner, 2013). The main idea is for small-scale miners to
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mine in areas that are not economical for LSM, thereby creating a win-win situation for both parties
(Techner, 2013). This has thwarted the contribution of LSM to society, resulting in increased
environmental degradation.
The capacity of large-scale miners to their Tributers has reduced, posing challenges to government
regulatory officials and host communities (Hilson, 2002a). This has resulted in additional
environmental cost (Hilson, 2002a). Tributers pay one-third of their returns to the companies
(Hilson, 2002a). This right conferred on small-scale miners by large-scale miners allows the
transfer of necessary logistics and technical know-how to enable them to comply (Chandler et al.,
2017).
As innovative as this initiative may be, it is still not without constraints (Hilson, 2002a). This, if
not well asserted would cause interventions to fail (Hilson, 2002a). He argued that the inability to
implement interventions practically, considering the root causes has translated to the failure of
Operation Vanguard (the Inter-Ministerial Task Force) in Ghana (Chandler et al., 2017). Some
notable barriers to compliance include allegations of bribery and corruption; lack of social licenses;
lack of financial capacity; political interests; enforcement bottlenecks and unwillingness to
comply.
Corruption is the use of public influence on private interest (NCCE,2017). It broadens the poverty
gap and leaves many people worse off (Mashal, 2011). The most effective way of dealing with this
canker is transparency and accountability in governance which usually reflects in the abuse and
misappropriation of goods (Halkos & Tzeremes, 2014). Pope (2000) brought to the fore the bribing
of those who monitor regulations and the degree of compliance. The weaker the institution, the
more corrupt it becomes (Porta et al., 2000). He also found that countries with strict environmental
laws are less corrupt than their counterparts with relaxed laws. This is because, the cost of being
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corrupt outweighs the benefits and therefore, an improvement in judicial systems and level of
compliance is important. Rich natural-resourced countries often feed corruption from extraction
(Damania, 2010). For instance, in Indonesia, according to a report by the World Bank (Hilson,
2004), politicians are bribed to acquire state concessions, overharvest and ignore inconvenient
regulations. In Peru also, the Lima river which serves as a source of drinking water for about 70%
of the population has been polluted due to bribery and corruption (Amacher et al., 2012). Many
companies are not held liable due to the lack of enforcement of environmental regulations and the
best way to tackle this issue is through transparency and accountability (Leitao, 2016).
Again, lack of social licenses concerning the issue of participation in undertaking mining activities
is one of the key areas that often emerge in the literature (Prno & Slocombe, 2012). This implies
that people retain the power to coordinate and take part in projects that affect them directly or
indirectly (Osei-Kojo et al., 2018; Offori & Offori, 2018). This is a two-way communication
system that is not just about informing the people or just educating them on the need for the project
but to seek local knowledge, helpful to the sustainability of the project (Hunt, 2013).
However, there seems to be a consensus on engaging the people at the initial stages rather than on
just informing and consulting them but Molefe (2006) proposes that the people be engaged at every
stage. This creates a sense of belonging and an informal approval referred to as “Social Licence”.
Aryee (2014) argued the case in Tanzania, that the final decision to allow miners to operate or
award licenses rests on the local authorities and not the central government. Local authorities have
every power to refuse or terminate the licenses of mining companies. In the case of Ghana, a license
application can only be informally refused by the community but not awarded (Ankrah, 2017).
According to Ankrah (2017), the power of chieftaincy in Ghana has been dwindling since the 1ate
1900s. Most of them are brainwashed by greed and corruption (Ankrah, 2017).
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Furthermore, inadequate financial capacity is another barrier to compliance. As mentioned earlier,
the reclamation plan should include the financial capacity at each stage to minimize adverse
impacts to ensure sustainability. Finucane & Pershke (2016) assert that financial commitments be
made at an early stage and concurrently as environmental costs increases during reclamation. This
would make monitoring and compliance easier. To reduce the financial burden on the community
and mining companies, Khanna (2000) suggests that businesses or industries partner with the
government in undertaking community development projects that are sustainable so companies
can focus on revamping the adverse effects of their activities. Industry workers can also contribute
in terms of managerial or other forms of expertise or practical training for miners. However, this
can materialize if there is mutual understanding and the people retain their power in making inputs
into decision-making processes (Hilson & Potter, 2003; Ofosu-Mensah, 2011).
2.5.2 Enablers to Compliance
Garcia (2008) establishes that the absence of specific and well-defined closure guidelines in some
jurisdictions pushes companies to collaborate with international sources such as World Bank,
International Finance Corporation and adopt other well established national and state-specific
legislation. The basic goal of closure is to minimize negative environmental as well as potential
impacts of mining to reduce financial risks to stakeholders (Garcia, 2008). The high cost has
prompted awareness, especially of private mining firms more concerned about building and
maintaining their reputation (Asiedu, 2013). All aspects of mining environmentally impacts on the
inhabitants. This is because the closure of mines could take a longer time than the life span of the
mine itself (Asiedu, 2013). Private firms also attract some financial aid from NGOs and
international bodies to carry out effective mine closure. Also, they usually have enough funds to
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carry out mass education of reclamation compliance and ensure alternative livelihood options for
the people (Tetteh et al., 2015).
2. 6 Impacts of Mining Reclamation on Natural Systems
Depending on the type of mining activity undertaken, impacts can become significant (Asiedu,
2013). Some factors include the nature of the ore, type of technology, extraction methods and the
sensitivity of the local environment to the mining operation (Tetteh et al., 2015). As an ecosystem,
it is essential to consider both the biotic and abiotic components and their interactions on land, air
and water bodies (Aryee et al., 2003). According to the Australian and New Zealand Minerals and
Energy Council (2000), the closure and rehabilitation of mines are essential to restore the physical,
chemical and biological components of the ecosystem within mining concessions (Van Druten &
Bekker, 2017). In the long-term planning of the mining activities, it should be noted that for as
long as poverty exists, artisanal mining cannot be completely eradicated (Obeng et al., 2015).
Therefore, it is important to include them in policy formulation to maximize benefits and reduce
their impact on society (Obeng et al., 2015).
2.6.1 Impact on Vegetation and Wildlife
A study by Armstrong (2008) proves the reduction of agricultural productivity in gold mining
especially where arsenic is used, the sulfide ore treated and cyanide tailings are left on land
surfaces. In a case in the Ashanti Region, Obuasi, there is the physical detection of crop leaves
wilting and discolouring on mine lands close to water bodies (Yirenkyi, 2008). In areas close to
cocoa-producing farms in the Atiwa District of the Eastern Region, there is also the evidence of
dropping of immatured pods and in the Western Region, the low yield is particularly a
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characteristic of high rent and unfavourable land tenure systems posed by mining activities to
farmers (Ansah, 2016 & Lahiri-Dutt et al., 2014).
Again, unsustainable mining destroys the vegetation cover along with relevant species of
biodiversity and slows down the activities of soil microbes to break down organic matter into
soluble, usable forms (Ansah, 2016). When this happens, there is the release of excess carbon
dioxide from vegetation and the soil because they act as carbon sinks (Mendez et al., 2008). The
case is not different in Ghana where many mining communities are devoid of vegetative cover and
have lost their aesthetic value (Hilson, 2001). This has caused habitat fragmentation and loss of
biodiversity. It is estimated that about 70% of the Tarkwa community land is being used for mining
activities and 40% to 60% of concessions for various mine-related activities like tailings dams,
treatment plants, open pits and waste rock dumps (Akabzaa, 2001).
2.6.2 Impact on Air and Water Systems
The air is polluted by the release of some harmful chemical substances like cyanide and arsenic
used in extracting gold as well as noise pollution caused by heavy machinery used in blasting
heavy rocks (Antwi, 2009). Noise, vibration, air pollution from drilling, dredging, excavation,
levelling of pits, access roads, topsoil, blasting and waste rock dumping releases a lot of dust
particles into the environment (Oruonye et al., 2016). This particulate matter usually contains toxic
gasses such as sulphur dioxide, carbon mono-oxide, nitrous oxide which causes respiratory tract
infections and other breathing disorders (Akabzaa, 2001). Particulate matter settles on surfaces,
are resident in the air and washed by rain into streams, inhaled by mine workers or people in
affected communities (Siddarth, 2004 ; Oruonye et al., 2016).
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Water bodies from which communities depend on for drinking, washing, watering livestock and
for household purposes are polluted, affecting those downstream (Serfor-Armah et al., 2006).
Heavy metals like arsenic, lead and cadmium are released into water bodies (Tetteh, 2010;
Adetunde et al., 2014). In the aquatic system, they bioconcentrate in fatty tissues of aquatic life,
bioaccumulate, biomagnify and become injurious in the food chain way to the final consumer
(Obiri et al., 2010). This considerably affects the health of the people when they consume resources
from the aquatic system (Antwi, 2009 ; Asiedu,2013).
2.6.3 Social and Health Impacts
Few developmental benefits have accompanied mining projects in host communities (Hilson,
2012). This is because they are not properly integrated into the system (Hilson, 2012). More
mineral products are exported and mining inputs imported resulting in little or no value-added
domestically (Hilson, 2012). The mining sites develop into little townships, attracting all manner
of traders (Akabzaa &Sekyere, 2007). The standard of living in the area becomes high (Hilson,
2012). The people are displaced, they lose their livelihoods and conflicts arise (Akabzaa &
Sekyere, 2007). Culturally, morals are diluted (Oruonye, 2016). For example, male miners lure
young girls in the community to engage in sexual intercourse and get them pregnant or spread
sexually transmitted diseases like HIV/AIDS (Oruonye, 2016). Robbery, drug abuse, youth
unemployment and inadequate housing have become the order of the day. Doku (2014)
investigated the occurrence of mine-related diseases in South Africa and found HIV/AIDS on the
increase. This was attributed to the infiltration of migrant labour into the industry (Doku, 2014).
Finally, some traditional beliefs which prevented people from indiscriminately felling trees and
overfishing no longer serve as a preventive measure (Aidoo, 2017).
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Health consists of the complete well-being of a person: physically, mentally and psychologically
and not just the absence of diseases (WHO, 1997). Health problems affect humans ability to be
productive and cause financial burdens to affected persons. Mine-related diseases affect both
mining communities and miners resulting in acute and chronic infections like high blood pressure
and nervous system disorders (Ansah, 2016). Also prevalent are different types of cancers,
asbestosis, melanosis, low IQ in children, bone marrow depression, abnormal heartbeat especially
in children and blue baby disease (Yawuli, 2008). Groundwater becomes polluted and costly to
treat. An example is the Bangladesh arsenic poisoning first detected in the year 1993. According
to WHO/UNICEF (2008), there are approximately 8.6 million tube-wells in Bangladesh. Out of
these, 39% tested safe and 15% unsafe out of the 55% tested for arsenic. Unsafe testing indicated
that arsenic levels were above the permissible level of >50ppb (Uddin & Huda, 2011). These
heavy metals only become toxic when they exceed their permissible levels because most of them
are also naturally occurring (Mendez et al.,2008). As a result, a population plagued with health
challenges cannot be efficient in terms of profit maximization (Aidoo, 2017). There is a strong
correlation between mining activities, upper respiratory tract infections, diarrhoea and arsenic
poisoning (Ansah, 2016; Batool et al, 2018).
2.7 Conceptual Framework
National mining regulations and policy actions are established to reduce adverse impacts on the
environment. Regulations do not exist in isolation but are established by the state and decentralized
at the local level (District Assemblies, affected communities and all relevant stakeholders). Also,
mining companies incorporate these regulations in compliance with policy implementation. The
nature of these policies determines the barriers or enablers in implementation and enforcement.
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Regulations that are flexible and easy to understand by miners and all stakeholders enhance
compliance. On the other hand, technical and robust regulations tend to be the least complied with
(Adeboye, 2012).
In any case, without enforcement and regulation of these policies, compliance cannot be achieved.
Some enforcement agencies include the Operation Vanguard Tax Force, the Police and the
Judiciary (at the national and district levels). Regulatory agencies also include the EPA, Minerals
Commission, Forestry Commission, Water Resources Commission, traditional authorities and
community members (Minerals and Mining Regulations, 2012).
Some enablers to reclamation compliance include granting of legal and social licenses by the
communities, transparency in activities of mining companies and the willingness of mining
companies to reclaim abandoned mine pits. Some barriers include corruption, political
interference, lack of participation of all stakeholders in decision making processes and
unwillingness to comply. Also, stringent processes in the acquisition of the legal documents and
social licenses in the District impede compliance with regulations.
Furthermore, when miners do not commit to reclaiming abandoned excavated mine pits, the
community bears the brunt. These negative impacts include pollution of water bodies; redirection
of their courses; destruction of the topography of land and soil structure; noise and air pollution.
Open mine pits serve as death traps to the people. The use of polluted water poses health
implications such as cancers, chronic lung and skin diseases (Uddin et al., 2011). Traditional
norms and beliefs are eroded and many livelihoods that depend on arable lands are destroyed
(Oruonye & Ahmed, 2016). On the other hand, community uproar could directly inform
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amendment of policies and enforcement strategies at the national level and with companies
management systems through the key stakeholders (Figure 1.1).
Figure 1.1 Conceptual Framework of the Study
Source: Researcher, 2019.
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CHAPTER THREE
METHODOLOGY
3.1 Introduction
3.1.1 Location and Population
Atiwa District lies between longitudes 0° 300 West, 0° 500 East and latitudes 6° 10̕0 , 6° 30̕0 (GSS,
2014). It is bounded on the North by Kwahu West and Kwahu South Districts, on the North-East
by the Fanteakwa District, East Akim to the South-East, Kwaebibrim to the South and Birim North
to the West. It has an estimated land area of about 1,165.3 km2 and a population of 110,622
representing 4.2% of the region’s total population (GSS, 2014). There are more females (50.6%)
than males (49.4%)(GSS, 2014). Its capital is Kwabeng, situated at the foot of the Atiwa range
(GSS, 2014).
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Figure 3.1 District Map of Atiwa
Source: CERGIS, University of Ghana, 2019.
3.1.2 Vegetation, Soils and Natural Resources
The District is located within the moist semi-deciduous forest region of the Atiwa range.
Commercial tree species cultivated include Odum (Milicia excelsa), Wawa (Triplochiton
scleroxylon) and Mahogany (Swietenia macrophylla) (GSS, 2014). The District is characterized
by reddish-brown and well-drained soils rich in mineral deposits like gold, diamond, bauxite and
kaolin, found in the Birim River basin. Forest reserves cover about 100 square kilometres of the
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Atiwa ranges and contain various timber species and medicinal plants. Adenchemsu, Akuku,
Kankan, Abreu, Awusu, Kokobeng, Subri, Anikorkor are some of the rivers and streams in the
District.
3.1.3 Climate, Geology and Drainage System
The Atiwa District lies in the wet semi equatorial zone (GSS,2014). The District has two rainy seasons
with its peak from April to July and September to October (GSS,2014). The annual rainfall is between
1,250mm and 1,750mm (GSS, 2014). Temperature ranges between a minimum of 26°C and a
maximum of 30°C (GSS, 2014). The District is characterized by the relative humidity of 65 to 75 per
cent during the dry season and 75 to 80 per cent in the rainy season (GSS, 2014).
The District is characterized by gentle, uneven slopes of about 240m to 300m above sea level
(Eastern Regional Coordinating Council, 2016). The highest point is the Atiwa range which is
about 350m above sea level (Eastern Regional Coordinating Council, 2016). Different types of
landforms have been the result of diverse rock formations (Eastern Regional Coordinating Council,
2016). Some of these include flat-bottom valleys and steep-sided highlands characterized by iron
pans, kaolin and bauxite. Over 75 per cent of the forested areas are made up of birimian rock
formations with granite existing in parallel belts. Rivers Birim, Densu, Adenchensu, Merepong
and Pra are major rivers that take their source from the Atiwa ranges (Eastern Regional
Coordinating Council, 2016). The direction of the flow of these rivers is from north to south. The
distinct rock formation has resulted in the development of many waterfalls and significant growth
for the quarry industry (Eastern Regional Coordinating Council, 2016). The Birim, Densu and Pra
rivers trace their source from the Atiwa ranges, which serve as a potential source of water for
irrigation and fishing (GSS, 2014).
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3.1.4 Administrative Structure, Economy and Landuse
Like many districts in Ghana, the Atiwa District has a decentralized political and administrative
structure (GSS, 2014). The Assembly is made up of fifty-one (51) members: thirty-four (34)
elected on a non-partisan basis; fifteen (15) appointed by the government; two (2) Members of
Parliament and the District Chief Executive (Eastern Regional Coordinating Council, 2016).
Decentralized departments include Ghana Education Service; Social Welfare and Community
Development; Physical Planning; Finance and Central Administration; Disaster Prevention;
Health and Agricultural Department (Eastern Regional Coordinating Council, 2016). The District,
however, has no Natural Resources and Trade Department (Eastern Regional Coordinating
Council, 2016).
The people are engaged in agriculture, industry, trading and services. The majority (60%) of the
people are engaged in agriculture, followed by the services sector (34%) and mining, representing
6.6% of the labour force (GSS, 2014). They cultivate on large-scale, produce such as cassava,
maize, cocoa, oil palm and citrus (GSS, 2014). The industrial sector is dominated by small-scale
manufacturing activities including gari processing, oil palm extraction and small-scale mining
(GSS, 2014). The Atiwa District is predominantly rural with about 67% and 33% rural and urban
respectively (Eastern Regional Coordinating Council, 2016). Illegal mining activities have
destroyed vast arable agricultural lands except for a few urban communities (GSS, 2014).
The major conflicting land-use types are mining lands and arable farmlands (Eastern Regional
Coordinating Council, 2016). Originally, various land uses did not have any laid down plan until
the establishment of the Development Planning Committee of the District Assembly (Eastern
Regional Coordinating Council, 2016). Due to challenges of enforcement, monitoring and
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inadequate logistics, many unauthorized settlements have developed in the District (Eastern
Regional Coordinating Council, 2016).
3.2 Research Methods
This research sought to explain the level of compliance with mining regulations and environmental
policies, legislation and regulatory regimes of mining companies. It has been observed that
compliance is influenced by the nature of policy, legislation and regulatory regimes of mining
companies (Gagnon, 1998 ; Domfeh, 2003 ; Gray & Shimshack, 2009). Company management
regimes are also important. These determine the level of environmental impacts. Some of the
indicators used included the knowledge of existing regulations; the roles of regulatory bodies and
institutions and the level of compliance; the acreage of unreclaimed lands ; community perception
of unreclaimed lands and its impacts on the people.
Mixed methods (quantitative and qualitative methods) was used (Saunders et al., 2012).
Quantitative methods used included a survey for the affected communities to investigate their
perceptions. Remote sensing and GIS was also conducted to quantify the changes in the cover of
mined areas. Interviews of key informants and some regulatory bodies were conducted to gain
insight and knowledge on policy, legislation and corporate strategies. Direct observations were
made on the field to assess the environmental state and the processes of mining.
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3.3 Data Sources
3.3.1 Primary Data
Primary data was collected on the field using a semi-structured questionnaire. Face-to-face
interviews were also undertaken for key informants (Environmental Protection Agency, Minerals
Commission, District Assembly Officials, Assemblymen, Mining groups and inhabitants of the
communities).
3.3.2 Secondary Data
Secondary data was obtained from reviewed published journals, books, articles and government
documents. These included data on the existing mining policies and regulatory framework and
work done by scholars on policy formulation and reclamation in the mining sector. Some of these
government documents included the Minerals and Mining Regulations 2012, EPA Act, 1994 (Act
490), Reclamation Security Agreement (Generic) and the Riparian Buffer Zone Policy, 2013,
Volume 2. Satellite imageries were also taken from Google Earth Pro.
3.4 Sampling Techniques and Sample Size Determination
3.4.1 Community Survey
Purposive sampling was used to select key enforcement agencies in mining reclamation sector.
Four (4) communities within some mining concessions were purposively selected with the help of
the District Assembly. These communities were Kwabeng, Bomaa, Akrofufu and Akwabuoso.
These four communities were selected because they had the worst cases of abandoned mine pits
in the District. Three hundred and ninety (390) respondents were randomly selected from the
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communities. They constituted miners, farmers, government workers, traders and students. The
sample size was obtained using the formula:
Yamane (1967 as cited in Agrasuta & Nelson, 2013)
N represents the total population, n, the sample size and e, the margin of error. A margin of error
of 5% was used to ensure accuracy. This was done by using the aggregate population size of the
individual communities as the total population size (N =16344), finding their percentages of the
total population to get the proportionate sample for each community (Table 3.1 below). Therefore,
the individual sample sizes obtained were 260, 22, 82 and 26 out of the population sizes of 10,901,
941, 3,418 and 1,084 representing Kwabeng, Bomaa, Akrofufu, and Akwabuoso respectively. The
population sizes were obtained from the Planning Department of the Atiwa District Assembly. The
Assemblymen, opinion leaders and local authorities of the various communities were contacted
and necessary announcements made to ensure effective co-operation before field visits.
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Table 3.1 Sample Distribution by Proportional Allocation
Towns Total Sampled
Population Population
Kwabeng 10,901 260
Akrofufu 941 22
Akwabuoso 3,418 82
Bomaa 1,084 26
Total 1,6344 390
Source: Field Survey, 2019.
Generally, some of the questions asked were on the following: knowledge of reclamation
regulations; institutions responsible for reclamation; interventions by the local authorities;
sanctions imposed on perpetrators and impacts of abandoned mine pits on the environment.
The questionnaire was in three parts (Appendix A below). The first part was directed at the
communities, the second, three small-scale mining companies and then some selected staff of the
District Assembly and other government officials. In all, 390 questionnaires were administered.
Section A of the questionnaire was made up of the demographic characteristics of respondents.
Each question had options to choose from. They included the names of the communities; gender
of respondents; educational status; residential status; occupation and types of minerals mined.
Section B was also concerned with the role of stakeholders and institutions in the reclamation
exercise. Section C focused on the perception of the people on reclamation. Subsequently, section
D focused on the implications of reclamation on locals. Section E, which was the last section,
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thrived on recommended practices to make co-existence of communities with mining activities
peaceful.
Also, EPA’s standard requirement for Reclamation Security Agreement was used to assess the
level of compliance. Given this, a compliance scale was developed. According to the existing
criteria by the EPA (2012), eleven (11) reclamation criteria were selected and used as a checklist.
The type of minerals mined, method of mining and scale was taken into consideration.
The checklist used consists of :
Stable slopes free from rockfall and soil movement.
Establishment of protective zones around the pit to protect community members from water
hazards.
Water run-off managed effectively.
Gentle rolling platforms of similar aesthetics to existing areas.
Protected access to unconsolidated tailings.
Existence of embankment freeboard.
Existence of overflow spillway.
Existence of vegetation cover.
Area functioning for the designated purpose.
Topsoil management.
Backfill of abandoned pits.
The adopted scale of measurement used is shown in Table 3.2 below.
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Table 3.2 Adopted Scale of Measuring Compliance
Scale Rating
<, =40 No compliance
59-41 Low compliance
79-60 Medium compliance
>, =80 High compliance
Source: Researcher, 2019.
3.4.2 Questionnaire Administration
Questionnaires were developed and administered to respondents in the selected study areas
(Appendix A). First, an introduction was made to the Assemblymen in the respective study areas.
Respondents were assured that all responses were solely for academic purposes. Respondents were
thanked in advance for their time and efforts. Respondents were made aware that each interview
would last between 45 minutes and one hour. Respondents were then interviewed individually. In
some cases, the questionnaires had to be translated from English to the Twi language. It was also
to ensure that all the questions were well understood and to eliminate all ambiguities.
3.4.3 Key Informants’ Interviews
Key informants interviewed were officers in charge of the Mines Division of the EPA and Minerals
Commission at both the Greater Accra and Eastern Regional branches. Some officials from the
Atiwa District Assembly and three mining companies in the District were also interviewed. A
meeting was scheduled by the officers in charge for a discussion. Four (4) different interviews
were held with the total number of twelve (12) people interviewed. Respondents were made aware
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that the discussions would last for at least 30 minutes and at most one hour. This was done with
the use of an interview guide. Respondents were thanked after the interviews were granted. Some
of the issues discussed were the knowledge of mining reclamation policies and their impacts on
land, air and water; monitoring and enforcement of regulations; the roles of stakeholders in
ensuring sustainable environmental governance; collaborating institutions and challenges faced in
the execution of their duties.
3.4.4 Mapping of land cover change in mined areas, Remote sensing and GIS
Remote sensing and GIS (Geographical Information System) technologies were used to map out
areas within the District with various degrees of abandoned mine pits. This was used to detect
distinct changes in the areas with abandoned mine pits and to observe the distances to the Birim
River. Google Earth Pro was used as a satellite data source. This method was used because of its
high- resolution imagery of 15m within a relatively small land area (Connette et al., 2016). The
imagery was then exported to Arc GIS to view and calculate the extent of mined areas in hectares.
The mined, unreclaimed and degraded areas were digitized on-screen, based on the interpretation
of satellite image. This was done to create vector data for 2008, 2014 and 2019. The vector data
was transported to Arc GIS and areas for the different years calculated. Five (5) year intervals were
used in creating the maps.
3.4.5 Field Observations
According to the nature of research and ethical considerations, some important occurrences were
observed and captured as pictures. Pictures were taken at the mine sites, the District Assembly and
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within the communities. Also, some reactions made by respondents concerning reclamation
impacts on the environment were duly noted.
3.5 Data Analysis
3.5.1 Policy, Legislative and Regulatory Reviews
The various mining laws on reclamation and their major requirements were analyzed. This is
because it is based on developing issues and arguments (Pirro, 1990). It also helps to reveal trends,
weaknesses and risks in the regulations (Pirro, 1990). The major mining regulations on reclamation
were reviewed and observations made. These were presented in table form and explained in the
text.
3.5.2 Role of Institutions and Level of Compliance
The effectiveness of stakeholders on the ground was evaluated in context. The results from using
this method were crosschecked by comparing the official and observed roles of the enforcement
agencies. Responses from key informants and community members were also compared and
some weaknesses outlined. This was presented using frequencies and tables. Data from some of
the key informants were transcribed.
Also, an assessment test was conducted to determine the level of compliance for mining companies
using a checklist from which a scale of measurement was developed. Each criterion was assessed
using a maximum score of 5. This was calculated by checking compliance with the criteria on the
field and dividing the number of checks by 11. Scores were then multiplied by 100 to get
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percentages and the results checked using the rating criteria: no compliance; low compliance;
medium compliance and high compliance. Mathematically, the formula used was:
3.5.3 Changes in Mined and Unreclaimed areas
The vector data generated from Google Earth Pro was analyzed using Arc GIS and Microsoft Excel
applications to evaluate how reclamation has affected the Birim River and its catchment area. The
percentage change for the affected areas over time was evaluated. Five (5) year intervals were
used. The 2007 imagery was not available. Hence, that of 2008 was used. The mapped-out
polygons were then exported to Arc GIS, reprocessed and overlaid with Ghana shapefiles. The
“measure” statistical tool was used to measure affected portions of the Birim River and areas of
affected polygons captured and saved.
3.5.4 Community Perception
A survey was conducted to examine the perception of the people in the affected communities. The
questionnaire was cleaned by excluding the unanswered and partially answered ones. Responses
were coded and entered into SPSS (Statistical Package for Social Sciences) version 25.0. Data
were analyzed according to the various themes in the questionnaire. Data were presented using
descriptive and inferential statistics. Descriptive statistics used included frequencies, tables, graphs
and charts. Inferential statistics used were chi-square analysis.
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Community perception data were analyzed using cross-tabulation and chi-square analysis. This
method was used because it helps to present relationships of associations between categorical
variables and results that may not have been apparent. Chi-square tests were also used to check
the level of significance by noting the p values for the proposed hypothesis of the study. Data from
some of the respondents were transcribed from Twi to English. The transcribed data was used as
supporting statements to the statistical evidence.
3.6 Ethical Consideration
All requirements were met for consent to participate in this study. A formal application was sent
to the Ethics Committee for Basic and Applied Sciences (ECBAS) through the Institute of
Environment and Sanitation Studies (IESS) (Appendix B). Respondents were also free to opt-out
at their convenience without any penalties.
3.7 Limitations of the Study
Limited time and resources were major challenges. Several letters were sent to five (5) different
small and large-scale mining companies in the Eastern Region to seek their permission to
participate in the study. Though regular follow-ups were done, feedback was not forthcoming. This
delayed the schedule for the commencement of data collection from the mining companies. Field
visits were undertaken at the Head Quarters and District offices of the EPA as well as the Minerals
Commission at least three (3) times each to solicit more information about reclamation activities
in the Atiwa District. Despite this, some information on reclamation activities of mining companies
were confidential and could not be accessed.
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Also, some miners were unwilling to grant permission to participate in the study, despite the letter
of consent, an escort from the District Assembly and the student identification card. As a result,
information granted was limited. Before this, during a preliminary survey, the miners were
engaged and some of the responses were noted. Furthermore, some information about the mining
entities had to be withheld because of the sensitive nature of illegal mining in the District during
that period. The intended sample size of 390 was not achieved because some of the community
members were not willing to participate in the study. Therefore, 387 responses were used.
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CHAPTER FOUR
RESULTS OF THE STUDY
4.1 Legal Framework of the Mining Sector
Several other laws were passed to regulate the mining sector after the Small-Scale Mining Act,
1989 (PNDCL 218). Principal laws governing mining sector regulation in Ghana include the
Minerals and Mining Act, 2006 (Act 703) amended by the Minerals and Mining Amendment Act
2015(Act 900); the Minerals Commission Act, 1993 (Act 450) and the Environmental Protection
Agency Act, 1994 (Act 490).
4.1.2 Minerals and Mining Act 2006
The Government of Ghana, to foster collaboration, ensured that mining sector bodies were
represented on their respective governing boards (Amoako-Tuffour, 2019). In addition to this,
mining entities can apply to be granted water rights from the Water Resources Commission. This
is to ensure the efficient management of mineral resources, promote the judicious exploration and
minimize the adverse impacts on the environment for the benefit of the society. This reiterates the
need for sustainable development; the attraction of foreign investment; public participation at all
stages of development and equitable distribution of benefits. Captured in the policy document is
Environmental Protection Agency Act, 1994 (Act 490); Environmental Assessment Regulations,
1999 (L.I. 1652); the Forestry Commission Act, 1999 (Act 571); Mine closure and post-closure
policies between mining companies and the EPA; Water Resources Commission Act 1996 (Act
522).
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There have been efforts to use locally manufactured equipment. However, key issues to be tackled
remain specific to standard reclamation guidelines and provision of alternative livelihoods. To be
able to train and sensitize the people, research geographical data is paramount. The inability of
stakeholders to address mining issues holistically and work independently is evident in the
overlapping objectives of Mining Acts and working independently. Principal regulations
governing the mining sector in Ghana are as follows:
4.1.3 The Minerals and Mining Act, 2006 (Act 703)
The Minerals and Mining Act of 2006 was enacted by the Government of Ghana to revise and
merge the laws relating to mining (Gray & Shimshack, 2009). The main reason for the Act was
for the consolidation of proper licensing, permit procedures and compliance. The Act makes
provision for the ownership of mineral rights, issuance of permits and licenses, royalties, rentals
and penalties regarding non-compliance.
Section 1 states that “Every mineral in its natural state in, under or upon the land in Ghana, rivers,
streams, water-courses throughout the country, the exclusive economic zone and an area covered
by the territorial sea or continental shelf is the property of the Republic and is vested in the
President in trust for the people of Ghana”. According to Section 4, the Minister may by Executive
Instrument, reserve land from mining. Section 5 indicates that the Minister may grant or terminate
mineral rights on behalf of the President and as recommended by the Commission. Also, in Section
9, a person is not permitted to conduct any mining activity unless he has been granted a mineral
right either for reconnaissance, prospecting or exploration. All relevant documents required by the
Commission are to be submitted to the Forestry Commission and EPA for the protection of natural
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resources and public health in Sections 11 and 18. In Regulation 20 subsection 3, there should be
public access to information and Regulation 50 spells out the training and recruitment of
Ghanaians in mining operations. Parties, with the knowledge of Land Valuation officials, should
also determine the amount of compensation.
4.1.4 Minerals Commission Act, 1993(Act 450)
Espoused in them are the licensing schemes, mineral rights and powers of regulatory bodies. The
Act was established to review the already existing Minerals and Mining Law 1986 (PNDC Law
153) and to merge it with the Small-Scale Gold Mining Law 1989 (PNDCL Law 218) to reflect
new developments in the mining industry. According to the Act, Government Departments,
Agencies and other public authorities are to cooperate fully with the Commission in the
performance of its functions (Chandler et al., 2017). Section 2 demands the management of
mineral resources and the coordination of policies relating to them. In Section 94, compensation
is to be paid to landowners. A minimum of 100 penalty units and or imprisonment not exceeding
3 years or both is to be meted out to violators.
The Minerals and Mining Regulations 2012 was enacted by the Government of Ghana to give
effect to the provisions of the Minerals and Mining Act 450. Regulations 80, 84 (1b), 94(2a) and
480 (b) state some basic requirements. Regulation 80 and 94 (2a) state that there should be danger
signs to warn passersby from falling into abandoned pits. Regulation 274 states that potential harm
to the environment should be manageable and that there should be no emission of air, water or dust
from closed mine sites. Regulation 275 also mandates the submission of mine closure plan and
rehabilitation of mined areas within 12 months after closure (Ministry of Lands and Natural
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Resources, 2012). Finally, regulation 480 states that all pits should be filled a month after mining
operations to prevent water from accumulating in them. As mentioned earlier in the Security
Agreement, there are no such structures to ensure long term management of mined areas.
4.1.5 Environmental Protection Agency Act, 1994 (Act 490) and Environmental Assessment
Regulations 1999 (LI 1652)
The EPA was established to oversee the sustainable management of the environment (Cletus,
1999). The Act was enacted by parliament in 1994. Act 490 replaced the Environmental
Protection Council Decree 1974 (N.R.C.D. 239) and the Environmental Protection Council
(Amendment) Decree, 1976 (S.M.C.D. 58). The major requirements are to control pollution and
issue environmental permits by collaborating with other regulatory agencies. The Act in Section
45 permits mine inspectors to cancel licenses to licensees who fail or refuse to comply or where
the continuation of their activities poses a threat to human beings, crops, animals or the
environment (Ayee et al., 1994). Section 54, subsection 2c also gives inspectors the right to seize
equipment and arrest offenders and subsection 4 states that offenders are to be taken to court
within 48 hours (Minerals and Mining Regulations, 2012).
LI 1652 which concerns the operationalization of regulation 28 of Act 490 was enforced in 1999
by the Ministry of Environment, Science, Technology and Innovation (MESTI). The LI 1652
stipulates the provision of a mining entity in obtaining a license and processes for ensuring
minimum environmental impact (MESTI, 1999). Regulation 23 requires that a reclamation plan
be submitted and approved by the Minerals Commission. Schedule 30 , regulation 2 also states
that the environment should be devoid of polluted water especially those used primarily for
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domestic purposes (Ministry of Lands and Natural Resources, 2012). Regulations 45 and 54 (2)
mandates the cancellation of licenses and seizing of equipment for failure to comply. The main
requirement for reclamation is espoused in part IV section 28(1) which demands the restoration of
the environment in general and attracts a sanction of not exceeding two thousand Ghana cedis (GH
Ȼ2,000.00) or imprisonment for a term not exceeding 1 year or both or a fine of two hundred
million Ghana cedis (GH Ȼ200,000,000.00) for recalcitrant perpetrators (Minerals and Mining
Regulations, 2012).
The Environmental Assessment Regulation, 1999 (L.I. 1652) requires the provision of a
reclamation plan and a financial bond which must be approved by the Environmental Protection
Agency (EPA) (Tetteh et al., 2015). Specific requirements are as follows:
There should not be the release of polluted air or water into the environment after mine
closure.
A mine closure plan should be submitted and approved by the Minerals Commission.
Mining areas are to be rehabilitated within 12 months after mining operations.
Failure to comply may result in the cancellation or suspension of a mineral right. The holder of the
mineral right is given a grace period of 120 days by the Minister of Environment, Science,
Technology and Innovation. If nothing is done after the grace period, the holder is queried.
Other policies include the following:
2012 Forest and Wildlife Policy
The Forest and Wildlife Policy of Ghana was established by the Ministry of Lands and Natural
Resources and is enforced by the Forestry Commission. The main objective is to conserve and
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manage forest resources in Ghana. It is concerned with restoring the ecology through appropriate
land-use practices. Section 4.2 postulates the efficient rehabilitation and restoration of the
degraded landscape by afforestation activities and the reduction of mining operations in the forest
as much as possible (Ministry of Lands & Natural Resources, 2012). To achieve these objectives,
the Government of Ghana became a signatory to the European Union’s Forest Law (EUFL) and
the United Nations Programme for Reducing Emissions from Deforestation and Forest
Degradation (REDD).
Water Resources Commission Act 1996, Act 522
Established by the Ministry of Water Resources, Works and Housing in 1961, the Water Resources
Commission Act 1996 is responsible for the efficient management and utilization of water
resources in Ghana. The Commission, based on this Act grants water permits and limits or
terminates the use of water resources for private means for public use. Water bodies may be
diverted only in the case of a secured mineral right according to regulation 17 (Water Resources
Commission, 1996).
Riparian Buffer Zone Policy, 2013, Volume 2
The Ministry of Works and Housing prepared the Riparian Buffer Policy, Volume 2 while the
Water Resources Commission is responsible for the management and efficient utilization of water
resources in Ghana. The Buffer policy was established to protect fringe vegetation and ecosystem
services of headwaters against pollution from excessive anthropogenic activities such as mining
and bad farming practices. An essential component considered was local participation in
determining the efficient use of water bodies. According to the Riparian Buffer Zone Policy
Volume 2, water bodies that take their sources from forest reserves must have a buffer of 10 – 15
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meters (generally, 10-100 meters). This was not considered in the communities close to the Birim
River (Ministry of Water Resources, Works and Housing, 2013).
Reclamation Security Agreement (Generic)
The Reclamation Security Agreement (Generic) was prepared by the EPA. It was endorsed by the
1992 constitution of Ghana as a confidential agreement between mining companies and the EPA
to secure a deposit into an account for the reclamation of mined lands. This agreement differs from
one mining company to the other based on the scale of operation and their financial capacity. This
financial bond is signed and deposited at the Bank of Ghana as a guarantee to mitigate adverse
environmental impacts by the end of the mining period as stated in the EIS report of mining
companies. The objective is to return degraded lands to acceptable forms to protect the ecosystem
and for the stakeholders’ benefit. Based on the 11 reclamation criteria selected from schedule 2, a
checklist was developed. Some of the requirements include protective zones to be put up around
pits and tailings dams; soils free from erosion and water runoff managed effectively and the area
to be used for the designated purpose for which it was initially assigned. A summary of the major
regulations, basic requirements, personal observations and weaknesses are found in Table 4.1
below.
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Table 4.1 Summary of Mining Regulations
Public Org. Policy/LI Major Requirements Comments/Remarks Weaknesses
EPA EPA Act 1994 Part IV section 28(1) Mass pollution. Monitoring is poor because of inadequate
(Act 490) Restoration of the of district offices.
environment.
Defaulters attract a Inadequate logistics.
sanction of not exceeding
GH Ȼ2,000.00 or Allegations of Bribery and Corruption.
imprisonment for a term
not exceeding 1 year or Fines paid are rather seen as bribes or
both or a fine of GH token because as compared to the returns
Ȼ200,000,000.00 for made, they are insignificant.
recalcitrant perpetrators.
Environmental Reg. 23 Not recognized by Imprisonment is only for a few hours.
Assessment Reclamation Plan based on MC as a small-scale after ‘fines’ have been paid.
Regulation LI approved work plan by mining entity but are
1652 (1999) MC. tributers. No proper action is taken against mining
activities because of the boost in
Schedule 30 (Reg. 2) Most miners dredge in economic development of a few to the
The environment should the water bodies. detriment of the environment.
be devoid of polluted
water especially those Though sanctions are Lack of education and training on the
used primarily for imposed, work still health and safety hazards.
domestic purposes. goes on.
Self-regulation, practised by few is also
Reg.45 and 54 (2) The District Court is done based on knowledge of miners to
compromised.
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Cancel licenses & seize Rehabilitation is done appease nearby communities and to build
equipment for failure to quickly as and when a reputation for themselves.
comply. they know the
Reg. 54(4) authorities will be Compensation is little/ non-existent.
Sanctioned by the court visiting the sites.
within 48hrs after a grace Penalties are not strict enough to deter
period of 120 days. others.
Fine not exceeding 200 Technical language is used.
penalty units.
Lack of law enforcement.
Mine closure plan to be
submitted to MC for
approval.
Mining areas to be
rehabilitated within 12
months after operations.
Reclamation Schedule 2 No protective zones
Security Protective zones around either around pits or
Agreement the pits and tailings dams. tailings dams.
(Generic)
Water discharge meets In most cases, tailings
with EPA effluent dams do not exist.
guidelines.
No measures to revert
Soils free from erosion. the state of the
environment.
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Water runoff managed
effectively.
Area functioning for its
designated purpose.
Minerals Minerals and Consolidation of proper The people are
Commission Mining Act, licensing, permit unaware of operations
2006 (Act 706) procedures and of the mines and
compliance. agreements miners
may have had with the
Public Access to local authorities.
Information (Reg. 20,3).
Compensation
Compensation should be agreements are only
determined by parties with between landowners
the knowledge of Land and miners.
Valuation officials (73).
Minerals and Reg. 274 A pollutant is released
Mining Reg. Potential harm to the without protective
2012( LI 2182) environment should be measures.
manageable in the long
run. Illegal miners do not
need any reclamation
No emission of air, water plan.
or dust from closed mine
sites.
Reg.275
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Submission of the mine
closure plan.
Rehabilitate mine areas
within 12 months after
closure.
Minerals Section 2 Full Compensation
Commission Act Management of mineral only happens after a
1993(Act 450) resources and coordination substantial amount of
of policies relating to mineral is found on
them. the land.
Section 94
Compensation for
landowners.
Section 99
Minimum of 100 penalty
units/imprisonment not
exceeding 3 years or both.
Forestry 2012 Forest and Section 4.2 Active mining is
Commission Wildlife Policy Efficient rehabilitation and ongoing in the Atiwa
restoration of degraded Reserve.
landscapes by planting
trees.
Section 5.1
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Reduce mining operations
in forests as much as
possible.
Water Water Reg.17 Diverted water
Resources Resources May divert or allow the sources illegally.
Commission Commission Act use of water in the case of
1996, Act 522 a secure mineral right.
Liable to a fine of not
exceeding seven hundred
and fifty penalty units or a
term of imprisonment of
three years.
Riparian Buffer Section 9.3.2
Zone Policy Streams that take their
Volume 13 sources from forest
reserves should have a
buffer of 10-50 m.
Sources: EPA Act 1994 (Act 490), EAR LI 1652 (1999), Generic Reclamation Security Agreement, Minerals and Mining Act 2006 (Act
706), Minerals and Mining Act 1993 (Act 450), Forestry and Wildlife Policy 2012, Water Resources Commission Act 1996 (Act 522).
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A review of the mining policies revealed that some details of reclamation regulations are left to
the discretion of miners. Specific guidelines for each mining site is to be detailed in the reclamation
plan submitted to the Minerals Commission. Furthermore, aside the generic Reclamation Security
Agreement criteria, disclosure of specific activities of these mining groups by the Commission
remained a challenge.
4.2 The Role of Institutions and Compliance Assessment
The institutional framework for governing the mining sector is complex. The Ministry of
Environment, Science, Technology and Innovation (MESTI) and the Ministry of Local
Governance and Rural Development are responsible for policy formulation and at the national and
local levels respectively. Major regulatory bodies include the Minerals Commission, EPA, Water
Resources Commission and Forestry Commission. At the local level, there are District Assemblies
(DAs) and Traditional Institutions (Ayee et al., 2011).
According to the 1992 Constitution of Ghana, ownership of minerals in, upon or under the land is
vested in the Government of Ghana and held in trust for the people. Article 268(1) also makes
provision for required regulations for natural resources extraction.
4.2.1 The Ministries and State Institutions
The National Mining Policy recognizes the need for all sector institutions, both state and non-state
to ensure that the objectives of the sector are achieved. To foster such collaboration, the
government has to promote mutual representation of public mining sector bodies on their
respective governing boards (National Mining Policy, 2010). The Ministry of Environment,
Science and Technology are responsible for formulating a national policy on environmental
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protection (National Mining Policy, 2010). The Ministry provides overall policy oversight for the
natural resources sector. It is to ensure the efficient management of the nation’s mineral resources,
promote their judicious exploration and processing with minimal harm to the environment for
optimum benefit to society. The Ministry of Local Government and Rural Development also has
the overall responsibility for policy formulation at the local government level.
Minerals Commission is responsible for the promotion, regulation, management and the utilization
of the mineral resources of Ghana and the coordination of policies therein (Section 1). Through its
Inspectorate Division (formerly Mines Department), environmental, health and safety inspections
are undertaken to ensure compliance with existing regulations. The Commission is also responsible
for monitoring the implementation of laid down policies of the government on minerals and report
to the Minister accordingly (Minerals and Mining Regulations, 2012).
Regulations 7(3f), 9(3k), 80, 81 (a,b,c,d), 83 (3), 84 (1b), 94(2a) and 480 (b) state some basic
requirements expected of managers of exploration programmes (Minerals and Mining Regulations
2012, L.I 2182). The managers of exploration programmes and the Minerals Commission are to
ensure that all regulations concerning the reclamation of open mine pits are adhered to.
The EPA sets guidelines for the compliance of environmentally permissible mining activities. The
Agency maintains a close liaison with the Minerals Commission to ensure that the latter’s
promotional, regulatory and superintending roles over mining operations are consistent with the
country’s environmental requirements.
The Forestry Commission is responsible for the sustainable management of the country’s forest
resources. It maintains a close liaison with the Minerals Commission to ensure that mining
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operations are carried out with due regard to the laws and regulations that govern the forestry
sector (Forestry Commission Act, 1999).
The Water Resources Commission ensures the sustainable use of the country’s water resources. In
particular, the Commission’s role is important in determining alternative water uses as an
economic and social good (Minerals and Mining Act, 2014) (Ministry of Lands and Natural
Resources).
The Lands Commission helps to determine the level of compensation to displaced or affected
people through its Land Valuation Division. The Survey and Mapping Division of the Commission
is responsible for demarcation, mapping and certification of land boundaries, while the Land
Registration Division manages land titles. Other sectors are as follows:
4.2.2 Local Governments
The District Assembly concept constitutes the bedrock of the country’s decentralized system. They
are empowered to ensure individual, community or district endorsement or objection of
applications for mineral rights. They are also required to ensure, through District Environmental
Committees, that mining operations are carried out in an environmentally acceptable manner. The
Assemblies are required to provide the economic and social infrastructure from mineral royalties
(Arthurs & Reay, 2014).
Traditional rulers are in most cases the overlords of lands on which mineral rights are acquired.
They are expected to provide input on the grant of mineral rights, galvanize community members
to be the local watchdog of the mining operations which they host and to ensure that such
operations are carried out in conformity with the country’s laws and regulations (Arthurs & Reay,
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2014). As beneficiaries of the government’s mineral royalty revenues, traditional rulers are
expected to apply such funds to undertake social infrastructure and to raise the dignity of their high
office (Ankrah, 2015).
Mining communities host mining operations and therefore bear the brunt of its undesirable effects.
They release lands for mining operations (in return for rent or upon the payment of adequate
compensation). They are to benefit from part of the royalties paid from the Mineral Development
Fund through the provision of social infrastructure by the Assemblies and the traditional
authorities. Communities have a responsibility to themselves and the nation to ensure that mining
operations are carried out legally and in consonance with the country’s environmental regulations.
It is to avoid catastrophic environmental impacts that the Forestry Commission, EPA and the Water
Resource Commission formulated the National Mining Policy. This was established to recognize
all sector institutions, both state and non-state. In all, 19 institutions are recognized. Key challenges
include overlaps and possible conflicts in the activities of some institutions. In some situations, it
is not clear as to which institution finally decides on an issue. The issue of policy formulation
conflicts because six out of the nineteen institutions formulate policies. Also, there are no clear-
cut boundaries to define distinct roles.
The Ministry of Lands and Natural Resources provides an overall policy for the natural resources
sector. However, it is not clear as to how each of the institutions carries out its mandate without
conflicting with that of the Ministry of Lands and Natural Resources. If each of the other
institutions is to formulate various policies to govern the mining sector, then the Ministry of Lands
and Natural Resources has no responsibility. However, it appears that the Ministry rather
formulates policies for all the other institutions.
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The Ministry of Environment, Science, Technology and Innovation is responsible for formulating
a national policy on environmental protection using appropriate technology. It is prudent that the
EPA, which operates under the Ministry, sets guidelines for the compliance of environmentally
permissible mining activities. Nevertheless, with the Minerals Commission undertaking
environmental inspection, and the District Assemblies forming Environmental Committees,
overlaps exist.
Furthermore, the EPA operates as a legal body independent of the District Assemblies. However,
the regional offices are to ensure that mining operations are undertaken in an environmentally
acceptable manner. There could be conflicting situations in issuing and/or withdrawal of mining
permits. Moreover, it is not clear as to whether it is the EPA or the Forestry Commission that
finally determines if an area should be mined. The associated ministries may misinterpret the
provisions of these institutions and impose their interests on the people. Again, the EPA may not
be allowed to appropriately sanction defaulted companies since it operates under a Ministry that
is headed by a politician. There could also be possible conflicts between the District Assemblies
and the Traditional Rulers when it comes to granting of social licenses. The various mining sector
institutions in the country play key roles in regulating mining activities in the country but there
appears to be duplication and conflicts with the functions of some these institutions. However,
effective collaboration and clear-cut roles could be operational in achieving the objectives of the
mining sector. For a reclamation policy to be enforced, all key stakeholders must work hand in
hand at their various levels to ensure the sustainability of the project. An Assessment was therefore
pertinent to ensure compliance in the District (Table 4.2)
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Table 4.2 The Roles and Observations of Stakeholders and Institutions in Enforcement
Agency Department Official Role Remarks/Comments
EPA Mining Department Environmental Miners receive prior information before the
Protection. inspectors arrived.
Minerals Commission Mines Inspectorate Consolidate policies
Division related to minerals Allegations of bribery and corruption.
and mining. Do not have district offices.
Ineffective collaboration.
Ensure compliance
with mining laws.
District Assemblies SSM Committee Community “Gentleman agreements”
Traditional Custodian of lands watchdogs. Chieftaincy disputes.
Authorities Monitor activities of
mining and its Allegations of Bribery and Corruption.
impacts.
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Agency Department Official Role Remarks/Comments
Mining Communities Beneficiaries of all Monitor activities of Victimization of respondents.
developmental mining and its
projects. impacts. Disunity in the society.
Water Resources Inspectorate Sustainability and Inadequate logistics because of uncontrollable
Commission Department management of mining activities.
water resources. Do not have district offices.
Forestry Commission Inspectorate Efficient use and Ineffective collaboration.
Department conservation of
forest resources.
Sources: National Mineral and Mining Policy 2006; Water Resources Commission Act 1996; Act 522; 2012 Forest and Wildlife Policy
and EPA Act 1994, Act 490.
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Two hundred and twenty-two (222) out of three hundred and eighty-seven (387) respondents
(57%) indicated that there had not been any interventions by the local authorities to ensure
reclamation compliance. According to respondents, reasons for the lack of interventions included
chieftaincy disputes, which constituted 46%, bribery and corruption, 28% and 25% claimed to
have no idea about the interventions.
A respondent at Kwabeng had this comment to make, “Ah! The officials hardly come to the mining
sites and even when they do, they only acquaint themselves with the miners and take something
small from them. Due to this, they do not report any issues of concern to the appropriate
authorities. As for us, we do not have any active chief to speak on our behalf because there are
disputes among the authorities as to which chief is suitable to rule over us. We are therefore left
to our fate” (Mining community, 2019).
An elderly woman also said, “Oh! Due to chieftaincy disputes, no action is taken even after
meetings are held behind closed doors. Nothing changes” (Mining community, 2019).
An interview granted by the regulatory bodies revealed internal challenges in levels of
collaboration. In the course of its operations, each institution is supposed to file reports to the
appropriate agency in charge of the other areas that are not within their jurisdiction to address
them. Also, it is asserted that as and when the need arises, a meeting is arranged to discuss the way
forward. The ineffectiveness of the level of collaboration is nulled by many other barriers listed in
Table 4.2 above.
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4.2.3 Compliance by miners
Illegal small-scale miners, mostly locals referred to as Tributers benefit from the mutual agreement
of their employers to make ends meet. It was noted that the Minerals Commission does not
recognize these mining groups as small-scale mining entities. Informally, the Tributer System has
been accepted by the Minerals Commission. This method was also being used in the District.
Small-scale miners paid 20% of their revenue to large-scale mining companies and use 1% to carry
out reclamation exercises. This directive was not being adhered to as most miners were even
dredging in water bodies and whether or not sanctions were being imposed, work continued. There
were allegations that judicial systems at the local level had been compromised. Also, reclamation
was done quickly in areas close to communities anytime miners were hinted about visits from the
regulatory agencies. Miners knew the visiting schedules of regulatory agencies and feigned
compliance before they arrived at the sites.
The terrain features had gentle slopes and heaps of overburden materials in isolated areas in such
a way that they did not cause considerable harm to biodiversity and affected communities. Also,
there was the absence of protective zones around pits. Community members were therefore at risk
of falling into open pits which were sometimes filled with water. Again, there was not much
vegetation cover on the sites even though the general terrain had some vegetation and gently
sloping landforms. Tailings dams were almost non-existent. There was the over-reliance on the
Birim River and its tributaries and no embankments around dams. The absence of overflow
spillways caused excess water to spill to surrounding land (Table 4.3 below).
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Table 4.3 Level of Compliance with Reclamation Requirements.
Checklist criteria Tributer 1 Tributer 2 Tributer 3
Protective zones around
pits
Water runoff managed
effectively
Stable slopes free from
rockfall and soil
movement
Embankment freeboard
Gentle rolling landforms
Overflow spillway
Protected access to
unconsolidated tailings
Vegetation cover or grass
Open-pit backfills
Topsoil management
Area functioning for the
designated purpose
Source: Field Survey, 2019.
There was generally low compliance for all the three (3) Tributers with Tributer 1 attaining
medium compliance and Tibuters 2 and 3, no compliance (Table 4.4). Each ticked criterion was
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awarded a minimum mark of 3 and a maximum mark of 5. This was divided by the total number
of checklist criteria which is 11, multiplied by the maximum score for each, which is 5 (55). The
result was then multiplied by 100 and rated according to the scale of measurement used (Table
4.4). Marks scored for each ticked criteria included stable slopes free from rockfall and soil
movement (5); embankment freeboard (3); gentle rolling landforms (3); protected access to
unconsolidated tailings (3); vegetation cover (4); open-pit backfills (5); topsoil management (5)
and area functioning for the designated purpose (5).
Mathematically, (33÷55) 100=60%.
Table 4.4 Compliance Assessment
Checked Unchecked Total
Tributer 1 60 40 100
Tributer 2 0 100 100
Tributer 3 0 100 100
Source: Researcher, 2019.
From Table 4.4:
Tributer 1 - Medium compliance
Tributer 2 and 3 - No compliance
A mine worker under Tributer 1 had this to say, “We have hopes of being registered as a separate
entity again so that we can expand our operations to maintain our reputation”.
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Plate 4.1 Self-regulated site at Kwabeng showing reclaimed tailings dam and land cover
Plate 4.2 Reclaimed Sites at Kwabeng
Source: Field Survey, 2019
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Plate 4.3 General vegetation and gently sloping landforms at Kwabeng.
Source: Field Survey, 2019.
Plate 4.4 Embankment around the tailings dam and spillage from processing pipes at Kwabeng.
Source: Field Survey, 2019.
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Plate 4.5 Operational area at Bomaa attempting reclamation on one of its sites
Source: Field Survey, 2019.
4.3 Mining Impacts and Reclamation
It was noted that before 2014, areas close to the River Birim (more than 10 meters) were devoid
of mine pits (Figures 4.1, 4.2 and 4.3). In 2014, unreclaimed pits emerged right in the Birim River.
These open pits widened from 2014 to 2019 with significant proportions located in the Birim River.
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Figure 4.1 The Extent of Unreclaimed Pits in 2008
Source: Image from Google Earth Pro, 2019.
Figure 4.2 The Extent of Unreclaimed Pits in 2014
Source: Image from Google Earth Pro, 2019.
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Figure 4.3 The Extent of Unreclaimed Pits in 2019
Source: Image from Google Earth Pro, 2019.
It is evident from Table 4.5 that from 2008 to 2014, the areas of unreclaimed pits increased from
198.61 to 3526.45 but reduced to 1698.50 in 2019.
Table 4.5 Total Area of Reclaimed Pits in Hectares and the Percentage Change
Parameters 2008 2014 2019 Total
measured
Area in ha 198.61 3526.45 1698.50 5423.56
% change (2008-2014) (2008-2019) (2014-2019) 258%
113% 94% 51%
Source: Computed from ArcGIS.
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Plate 4.6 Destruction of productive lands at Kwabeng
Source: Field Observation, 2019.
In Table 4.5, between the years 2008 to 2019 recorded the highest percentage change in areas of
reclaimed pits. The highest percentage change was 113.24. This was reduced to 51% from 2014
to 2019. The Birim River, which takes its source from the Atiwa Forest Reserve suffers the brunt
of mining activities in the District. This has reduced the supply of water for irrigation and domestic
purposes and destroyed the scenic view. It was observed that the Riparian Buffer Zone Policy
Volume 2 was adhered to in 2008. That was not the case in 2014 and 2019. The river was further
degraded to 7.95 km (Table 4.6 and Plate 4.7 below) in 2019. From Table 4.6, the impact of non-
compliance with reclamation regulations increased.
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Table 4.6 Environmental Impact of Non-compliance
Period 2008 2014 2019
Distance in km 0 5.62 7.95
Source: Computed from ArcGIS.
Plate 4.7 Polluted Birim river with a floating Chanfang machine
Source: Field Survey, 2019.
4.4 Respondents’ Perception of Reclamation and Mining Impacts
4.4.1 Demographic Characteristics
The demographic characteristics represent the distribution of the population by locality, gender,
the age of respondents, residential status, level of education and occupation. The female population
was greater (54%) than that of the male (47%). The population of the study areas is considered to
be youthful. The highest percentage recorded was 29% being between 21-30 years with
considerable reductions in the subsequent age brackets and a much smaller population being the
elderly representing just 4%.
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Most of the respondents were indigenes from the Eastern Region. A few from other regions as well
as foreign nationals. From the results, only 27% were migrants and 73% indigenes. The study
revealed that foreigners from Nigeria and Burkina Faso constitute 1% of the population. Many of
the respondents had been resident for at most 5 years, representing 16% and those residents above
15 years represented 1%. Those who were resident between 5 and 10 years constituted 5%. 1% of
the population had been resident between 10 and 15 years.
Most of the people had attained secondary education (46%). It was noted that 12 % had attained
primary education and 24 % were graduates of Junior High School (Table 4.7). Respondents were
predominantly farmers and traders representing 43% and 23% respectively. 7% of the respondents
were unemployed with at least 1% engaged in mine-related services (Table 4.7).
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Table 4.7 Demographic Characteristics of Respondents
Demographics Variable Frequency Percentage (%)
Gender Male 180 47
Female 207 5 3
Age 20 and below 76 20
21-30 109 29
31-40 58 15
41-50 52 13
51-60 41 11
61-70 36 9
70 and above 15 4
Residential Status Migrant 103 27
Permanent 284 73
Educational Status Primary 47 12
Junior High 92 23
Senior High 178 46
Tertiary 43 11
No Formal Education 27 7
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Occupation Farmer 165 43
Student 67 17
Trader 90 23
Government Work 22 6
Miner 15 4
Unemployed 26 7
Mining services 2 1
Source: Computation from field data, 2019.
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4.4.2 Community Differences
The District capital of the Atiwa District, Kwabeng recorded more than half of the sampled
population size (67%), Akrofufu (22%) with Bomaa recording just 5% of respondents (Figure 4.4).
Community differences
6% 5%
22%
Kwabeng
Akrofufu
67%
Akwabuoso
Bomaa
Figure 4.4 Community Differences of Respondents
Source: Computation from field data, 2019.
4.4.3 Extent of Mismanagement
More than half of the total number of respondents (78%) confirmed that the environment was
being managed poorly in their respective communities (Figure 4.5). Also, 60% alluded to the fact
that water pollution was a major challenge. This was followed by abandoned pits.
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Extent of Environmental Mismanagement
200 180
180
160
140
120
100
80 60
60 47 39 Frequency
40 30
16 13
20 10 5 2 2 1
Valid
0
Percent
Water Open pits No idea Destruction No Idea Destruction
Pollution of of farm
vegetation routes
and
farmlands
Figure 4.5 Extent of Environmental Mismanagement
Source: Survey, 2019.
Plate 4.8 A Farmland in a Mining Area
Source: Field Observation, 2019.
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4.4.4 Sanctions Imposed on Violators of Mining Regulations
Out of the total number of respondents interviewed, only 25% alluded to punishments meted out
by the enforcement agencies to people who mismanage the environment (Table 4.8). It is evident,
from Table 4.8 that fines (65%) were the most common penalties imposed on perpetrators while
11% of had their activities suspended with just 4% reporting cases of brutal physical abuse.
Table 4.8 Sanctions Imposed
Sanctions Frequency Valid %
Fines 62 65
Suspension of mining
10 11
activities
Imprisonment 8 8
Confiscation of machines 7 7
Physical Assault 4 4
No Idea 4 4
Total 95 100
Source: Survey, 2019.
A respondent from Akrofufu had this to say, “Regulatory officials particularly Operation
Vanguard taskforce blow their sirens when approaching the communities and so illegal miners
take to their heels or prepare “something small” for them before they get to the site. They are not
reliable at all. Also, local authorities collect funds for community projects paid by some miners
but the funds do not translate into anything meaningful” (Mining Community, 2019).
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Another respondent sobbed, “Aww daughter my 17-year-old grandson was gunned to death by a
miner because he was suspected of being a snitch. The case was put before the authorities and the
perpetrator arrested but was released not long after that” (Mining Community, 2019).
4.4.5 Local Participation in Mining Activities
The level of participation of affected communities in mining activities were low. It was established
from Figure 4.6 that 91% were neither involved nor consulted in the decision-making process
concerning the acquisition of their lands, 8% were involved and 1% had no idea. It was further
reported that out of the 8% who participated in mining operations, 29% washed the ore, 23% did
the exploitation, 16% exploration, 8% were mine cooks, 7% in prospecting and 7% in mine
planning.
A respondent strongly argued, “We refused to grant them social licenses but they still went ahead
to operate because there was no chief to speak on our behalf. It is not surprising to go to your land
one day only to find out it has been destroyed without prior consultation”(Mining
Community,2019).
A miner had this to say, “We only do what we have been asked to do but we have little knowledge
of discussions or negotiations that result from meetings held” (Mining Community, 2019).
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Local participation
1%
8%
No
Yes
No idea
91%
Figure 4.6 Percentages of Local Participation of Respondents
Source: Computation from field data, 2019.
4.4.6 Level of Education and Knowledge of Reclamation Regulations
Respondents were asked if they knew any regulations concerning reclaiming the land and whether
or not these regulations were being adhered to (Table 4.9). The progressive increase in percentages
from those who had no formal education through to those who had been through tertiary education
(Table 4.9) was proven to be significant. x2 (8, N=387) =42.77, p=0.00. Therefore, the hypothesis
is significant.
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Table 4.9 Level of Education and Knowledge of Reclamation Regulations
Knowledge of Regulations
Yes No No idea Total
Level of Primary 2 38 7 47
Education
% 6 13 11 12
Junior 5 70 17 92
High
School
% 14 24 27 24
Secondary 12 135 31 178
% 34 47 48 46
Tertiary 15 21 7 43
% 43 7 11 11
No Formal 1 24 2 27
Education
% 3 8 3 7
Total 35 288 64 387
100 100 100 100
Chi-square value- 42.775 N- 387 Probability value- 0.000 df- 8
Source: Computation from field data, 2019.
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4.4.7 Implications of Reclamation on Livelihoods
The respondents were asked if they had been negatively affected by mining activities and the
nature of impacts. There was a strong relationship between the influence of reclamation on
livelihoods and personal impact. From Table 4.10, 244 (81%) said they had not experienced any
positive impact of mining in the community. The chi-square test revealed X2(4, N=387) =22.97,
P=.00.Therefore, the hypothesis was significant (Table 4.10).
Table 4.10 Impacts of Mining and Reclamation
Influence of Impact of Mining
Reclamation
on Livelihood
Yes No Total
Improved Living Frequency 48 33 81
Standards
% 16 38 21
Increased farm 3 2 5
sizes
% 1 2 2
Reduction of 4 0 4
diseases
% 1 0 1
Reduction of dust 2 1 3
particles
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% 1 1 1
None of the above 244 50 294
% 81 58 76
Total 301 86 387
% 100 100 100
Chi-square value- 22.970 N- 387 Probability value -0.000 Df-4
Source: Computation from Field data, 2019.
4.4.8 Knowledge of Institutions Responsible for Enforcing Reclamation
The respondents’ knowledge of institutions that are responsible for ensuring reclamation revealed
that a large proportion of the people could identify the presence of Operation Vanguard Tax Force
(Figure 4.7).
Enforcement Institutions
90
79
80
70
60
48
50 44
40 32 Frequency
27
30 22 Valid Percent
20 15 15 15
9 9 10 8
10 5
0
OV EPA LSM Police MC NADMO No idea
Figure 4.7 A Graph showing Institutions that Enforce Reclamation
Source: Computation from field data, 2019.
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4.4.9 Implications of Non-compliance on Occupation
The primary occupation recorded for respondents was farming. Secondary occupations recorded
were mining and mine-related work (Appendix C, Table 4.11). Also, a significant number of
respondents were traders, students and government workers. There seemed to have been some
shifts by many people into other occupations to sustain livelihoods. Surprisingly, only 2% of
farmers depended on farming activities as their main source of livelihood. 47% engaged in trading
as their secondary occupation and 16% mining. Also, 9% of the traders were farmers and 2%
miners. Again, 11% of resident students were farmers and just 4% of government workers were
traders.
Furthermore, a cross-tabulation and chi-square test were conducted to assess how the different
livelihood activities have been affected and how significant these impacts are (Table 4.12). 138
farmers and 70 traders were negatively impacted by non-compliance of mining regulations. On
the other hand, the least affected respondents were miners (5) and those who engaged in mine-
related work (2).
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Table 4.12 Occupation and personal impact of mining
Occupational Adverse Impacts of Mining
status
Yes No Total
Farmer 138 27 165
% 36 7 43
Trader 70 20 90
% 18 5.2 23
Miner 5 10 15
% 1 3 4
Mine-related Work 2 0 2
% 1 0 1
Student 50 17 67
% 13 4 17
Government Worker 15 7 26
% 4 2 7
Unemployed 21 5 26
% 5 1 7
Total 301 86 387
1 22 100
Chi-square value-22.68 N-387 Probability value-0.001 Df- 6
Source: Computation from field data, 2019.
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4.4.10 Knowledge of Environmental Impact
A chunk of the population, 31% as seen in Figure 4.8 reported an increase in the cost of food, 22%
said there was a reduction in farmlands and the least recorded, 3% indicated excessive noise in the
respective communities (Figure 4.8).
A widower who won the best cocoa farmer award was greatly hit when his farms were completely
destroyed so he gave up his other farms to assist community-led projects (Mining Community,
2019).
Nature of Environmental Impact
1%
12% Reduced Farmlands22%
7% High cost of food
High cost of living
12%
Excessive noise
Outbreak of diseases
31%
12%
Loss of cultural values
3% Dust pollution
Land Degradation
Figure 4.8 Nature of Environmental Impact
Source: Computation from field data, 2019.
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CHAPTER FIVE
DISCUSSION
5.1 Legal Guidelines, Regulations and Stakeholder Enforcement
It is evident from the extant, fragmented literature that there is emerging interest in environmental
policies because of the key role regulations play in compliance in the mining industry (Allen et
al., 2017; Tuokuu, 2019). Tuokuu (2019) argues that the increased interest could be as a result of
the UN’s 2015 Millenium Development Goals.
Ghana has made concerted efforts in ensuring sustainable management of resources through policy
implementation both at the international and national levels (Hilson, 2002a; Minerals Commission,
2015; McQuilken & Hilson, 2016). This is evident in Ghana’s commitment to acceding to
agreements and treaties like the 1972 Stockholm Conference and the 1992 Rio Conventions which
have placed the nation on a promising path of environmental protection (Sands, 2012). Based on
these agreements, environmental policies and institutions emerged to enforce these provisions
(Government of Ghana, 1995). Ghana is also reported to be among the African countries with the
best score in natural resource governance (Amoako-Tuffour, 2019). Despite these efforts and the
existence of regulations, grave challenges remain, as far as compliance is concerned. Major
problems included the structure of regulations and functions of regulatory bodies in ensuring
compliance (Hilson, 2002a; Hilson & Potter, 2005; Arthurs & Reay, 2014).
First and foremost, every environmental policy is designed to appreciate the cultural, social and
economic context of a nation (Ayee, 2019). Without these important considerations, specificity in
solving problems is lost. Policies and institutions are many and structure is so broad and disjointed
that non-adherence to regulations is inevitable (Tuokuu, 2019). The research revealed that
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requirements in the mining industry lack specificity, are technical to understand and as such
difficult to practise (Ayee, 2019). Reclamation regulations are site-specific such that one ought to
pay particular attention to conditions of the site, stakeholders involved and end-uses of mine sites
to ensure success (Arthurs & Reay, 2014). For instance, in Schedule 2 of the Reclamation Security
Agreement, the term “reclamation” has been used in broad terms to indicate restoration. This
makes operationalization and implementation subjective or discretionary. For instance, the
statement, “soils have to be free from runoff” and “water runoff should be managed effectively”.
The lack of detailed indicators makes enforcement and compliance difficult especially at the local
level. Weak reclamation enforcement strategies resulted in low compliance. This was affirmed by
Laeitio (2016) when he stated that the stricter the enforcement of a nation's laws, the greater the
compliance. In support of this, Hilson (2013) explained that weak institutions and a misplacement
of the common interest of society limit environmental compliance.
There were no considerations for the types of mining activities and minerals mined as well as
where they occur (geology of the area) (Reclamation Security Agreement, Schedule 2). To be able
to categorize compliance criteria as such, there is the need for detailed and relevant information
concerning mining activities and a review of records in Ghana (Hilson, 2002a).
Akabzaa & Darimani (2001) and Tuokuu (2019) argue that the EIA documents of the EPA are
technical to understand. Robust regulations attract non-compliance because mine workers are not
able to come out with creative and adjusted schemes to properly manage their environment (Smith,
2007). Therefore, there must be a balance in making regulations practical. Central Security
Depository (2019) agrees that to be compliant means the people must know and understand what
the requirements demand and must be willing and able to comply. Cumbersome regulations
promote non-compliance (Leitao, 2016). Again, enforcement could be better if regulations are
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well understood and miners are not limited to following robust regulations (Leitao, 2016). Also,
the confidentiality clause of the EIA document limits public access to reclamation details (Hilson,
2002a). According to Akabzaa & Darimani (2001), the EIA document does not compel mining
companies to comply with audit reports if they do not think the reports are realistic or would not
conform to their management regime. Furthermore, the EIA document neither covers
compensation nor guarantees public participation (Akbazaa & Darimani, 2001). This was a major
challenge encountered during data collection as confirmed by Akabzaa & Darimani (2001) in their
research on “Impact of Mining Sector Investment in Ghana”.
5.2 The Role of Public Institutions and Compliance Assessment
Institutions are key to understanding governance issues, particularly with enforcement and
compliance. An institution is a line of action that promotes social change (Prno & Slocombe,
2012). The role of institutions in environmental governance assumed increasing concerns towards
achieving sustainable development. In this context, Prno & Slocombe (2012) and Obeng et al.
(2019) argued that social licenses should be seen as informal institutions. Otherwise little would
be achieved just by organizational measures.
Furthermore, the Neo-Institutionalism approach best describes this study, though it has been
criticized by some scholars (Mirowski, 1992; Hajer, 2003). The Neo-Institutionalism theory has
been classified in different ways by other scholars. Research undertaken by Tuokuu et al. (2019),
Cotton & Mahroos-Alsari (2015), Durnova et al. (2016) and Idemudia (2014) cited the stakeholder
approach to policy making as alternative strategies to the Neo-Institutionalism approach. This is
because this theory takes into consideration, not only the bottlenecks in compliance with adjusting
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external policies to operators’ management regime but attempts to understand the complex
relationships with other factors. These include the social, economic, psychological and political
factors (Breuning & Ishiyama, 2011). The above-mentioned theories are also similar to the
regulatory approach as third parties like the EPA, Minerals Commission, the Police, the Operation
Vanguard Tax Force among others are responsible for ensuring compliance with reclamation
regulations in the Atiwa District. Participation is therefore a central tenet.
In the results, respondents pointed out that random visits were made to the sites. Similar to this
study, a survey conducted by NCCE (2017) on public perception on the state of corruption,
accountability and corruption in Ghana revealed that there were allegations of bribery and
corruption, chieftaincy disputes, inadequate logistics and little interventions by the local
authorities. Though the Operation Vanguard Tax Force visited the communities regularly, their
efforts in bringing perpetrators to book were dwindling. This was confirmed by Ayee (2019) in a
study on the formulation and implementation of environmental policy in Ghana. The EPA and
Minerals Commission also confirmed that they did not have district offices and that the
headquarters was understaffed with only one well-equipped laboratory to facilitate work. Studies
by Hilson (2002a), Akabzaa & Darimani (2002), Hilson & McQuilken (2016) and Ayee (2019)
have noted that these inadequacies fuel allegations of bribery and corruption, aside political factors
like change in government and lack of interest in environmental issues. The chiefs have little input
once concessions and licenses are granted by the EPA and Minerals Commission in Accra. This
was because the District Court has also been compromised due to allegations of bribery and
corruption.
Challenges encountered by public institutions were lack of collaboration and inadequate district
offices to enforce compliance. Overlapping roles and lack of standard reclamation procedures were
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the main causes of ineffective monitoring, enforcement and implementation. Interviews conducted
with the EPA and Minerals Commission officials revealed that a client may be granted a permit
by the EPA though their licenses may not have been approved yet by the Minerals Commission.
Irrespective of this, concessioners proceed with their mining activities which were still deemed to
be illegal.
5.2.1 Assessing the Level of Compliance
Generally, the results of this study revealed low compliance with reclamation regulations. There
is little work done concerning this area since it is sensitive. As espoused by Hilson (2002a) and
confirmed by Techner (2013). This method is adopted by LSM companies as a measure to
encourage proper environmental management in mining areas and to equip small-scale miners with
the requisite skills and logistics to mine sustainably (Hilson, 2002a; Hilson & Haselip, 2004;
Techner, 2013). It was noted that out of the three Tributaries interviewed, Tributer one (1)was self-
regulated. According to some mine workers, they worked as licensed small-scale companies until
2017 when their activities were banned. They then became Tributers but still functioned with their
management structure. As a result of this, they were not officially recognized. This was in line
with research carried out by Hilson (2002a); Asiedu (2013) and Hilson & McQuilken (2016). They
had then started reclamation exercises where the communities’ refuse was spread on some of the
backfilled pits to build staff bungalows. Also, they strictly adhered to the general national mining
regulations which could be misinterpreted. On the other hand, the second group of Tributers were
only concerned with paying their share of returns to the recognized large-scale mining company
as long as they were making profit. Compliance with reclamation regulations by the miners
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became cumbersome because the financial costs outweighed that which was needed to keep the
operations running.
Practically, the affected persons were informed rather than engaged in activities that directly
affected them and alternative livelihood programmes remained short term (Spiegel, 2015).
Research undertaken in Zimbabwe, Tanzania and South Africa by Spiegel (2009); Currey et al.
(2013) and Eeden (2008) confirm that the stakeholder approach yields the best results in curbing
illegal small-scale mining. This assertion is also confirmed by Johnson et al. (2009) and in Ghana,
in recent studies by Armah et al. (2011); Lange (2011) and Darimani et al., (2013). Policy
documents did not reveal any underlying factor such as poverty in solving environmental problems
(Hilson, 2002a; Hilson & McQuilken, 2016). Therefore, an emphasis on complying with
environmental regulations without the necessary resources proved difficult (Smith, 2007).
Inadequate attention to environmental issues politically has induced non-adherence to
accountability and transparency, even though Ghana is a party to the Extractive Industries
Transparency Initiative (EITI) (Amoako-Tuffour, 2019).
Increasing youth unemployment, limited alternative livelihood options and social marginalization
is the root cause of poverty in the District. Small-scale mining was a convenient way to earn a
living to escape the vicious cycle of poverty. A study by Bansah et al. (2017) on “Post-mining
reclamation in ASM in Ghana” confirms that the main barrier to engaging in illegal small-scale
mining and opting for the Tributer system is to escape the clutches of poverty. Contrary to this
assertion, Hilson & Potter (2005) and Andrews (2015) argue that engaging in these destructive
activities is not to get rich quick but rather, the inability of small-scale miners to acquire the
necessary licenses to operate (Hilson, 2010). The process of acquiring licences is intimidating. The
Tributers did not consider licenses because they worked as hired labourers in large-scale mines.
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Shimshack (2014) revealed, in agreement with the results of this study, that fines were largely
ineffective in deterring violators except when increased for repeated violations. Guttel & Harel
(2005) also argued that the more a firm violated the regulations, the greater the punishment over
time. Fines levied on violators of reclamation compliance as compared to the revenue of miners
do not offset harmful environmental impacts in the communities. Miners reported the absence of
incentives in complying with reclamation regulations because of the financial cost compliance
incurs on production. Due to this, some miners no longer practised self-regulation. Given this,
environmental monitoring by regulatory agencies have to be strengthened (Thorton et al., 2005).
Contrary to this, some miners showed mixed reactions to non-compliance. In the bid to maintain
the reputation of some mining entities with enforcement agencies and the affected communities,
self-regulation was undertaken.
5.3 Social and Environmental Impacts of Non-compliance
Non-compliance with statutory requirements by all stakeholders eventually affects society. The
satellite imagery shown in section 4.3 is not an all conclusive result for determining areas of open
mine sites. The Tributer system gained more prominence after the ban on small-scale mining.
Tributers continued working on large-scale mining concessions. This explains the widening of pits
from 2014 to 2019. The Inter-ministerial Task Force appointed by the Government of Ghana was
also equipped to end the activities of these illegal miners. This result is consistent with a study
conducted on the impacts of reclamation in Myanmar using Landsat satellite imagery (Akiwumi,
2007). It was observed that without actual visits to the sites, obtaining the accurate number of
hectares destroyed was a challenge. Because of this, delineating the boundaries of the individual
towns and their associated abandoned mine pits was a challenge. This is because many open pits,
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areas of bare ground and the Birim River were covered with weeds. It appears bare ground areas
captured were newly mined. The situation on the ground was such that farmers only visited the
farms in the dry season when farm routes could easily be traced. Hilson (2002b) confirms the
clearing of productive lands for mining activities, abandoning open mine pits. Occurrences of
abandoned open pits in the District make it challenging for the Survey Department of the Lands
Commission to determine areas for exploration unless aided by the knowledge of some residents
(Hilson, 2002a). Research undertaken by Aryee et al., (2003), Hilson (2002b), Asiedu (2013) and
Tuokuu (2019) reveal that in Columbia, Zimbabwe, Burkina Faso, Mali and Niger, more than
50,000 hectares of farmland have been lost to mining.
Agricultural lands were destroyed and water bodies polluted. Air pollution was rampant from
excessive dust and toxic gases. There was also the risk of people falling into abandoned pits
(UNEP, 2001). This assertion aligns with reports by farmers in the District. Some farmers could
not access their farms. They also feared falling into open pits. Farmers had to carry sachet water
to farms for irrigation and those who could not afford it used polluted water, which caused ripple
effects to consumers of farm produce. This resulted in unemployment, forcing many to branch into
other ventures such as mining and trading. The Birim River, an important source of water for the
District experienced some destruction as recorded in 2014 and 2019. Some factors that accounted
for the reduction in the percentage change from 2014 to 2019 were the ban on small-scale mining
and the Tributer system. This necessitated an uproar in the communities especially among the
youth (Mining community, 2019). Some of the challenges that needed to be addressed were the
shortage of water due to pollution; high cost of food; teenage pregnancy and high rate of
unemployment.
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Again, the temporary watering of access roads by mining companies, though done regularly proved
to be ineffective. Mining activities forces dust particles into the atmosphere after short intervals of
dewatering. Many cases of respiratory infections were reported by the mining communities,
especially at Akrofufu. Culturally, migration of other mine workers or people engaged in mine-
related work results in dilution of community values, as opined by community members and
supported by Babut et al. (2003), Ansah (2016) and Tuokuu (2019). The consequences included
teenage pregnancy; the upsurge in sexually transmitted diseases; school drop out rates;
unemployment and high crime rate in the District (Babut et al., 2003). A similar study by Akabzaa
& Darimani (2002) in Tarkwa confirmed this assertion.
5.4 Perception of Communities on Reclamation
5.4.1 Local Participation in Mining Activities
Participation as part of community development specifically in the mining sector is crucial to
sustainable mining as Bebbington & Bury (2009) postulated. They revealed that in Peru, Ecuador
and Bolivia projects that consider the opinions and involvement of the indigenes are more likely
to succeed and that what is suitable for a particular mine site may not be appropriate for others.
Concerning participation, community members especially those who have lived in the area almost
all their lives have local knowledge about peculiar practices that may help to sustain mining
activities. To engage them is to make them feel like they own it (Hunt, 2013). However, those who
are involved are only consulted and not engaged (Van Drutten & Bekker, 2017).
The case in Atiwa District was not different. Protests arose in 2014 when unreclaimed pits began
widening beyond that in 2008. The environment was negatively impacted and this produced ripple
effects on the livelihoods of affected communities. According to the study, loss of livelihoods and
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high standard of living resulted in theft, loss of family values and diverse forms of abuse. On the
other hand, in Anglogold Iduapriem Mine, communities were engaged in weed and fire control,
the supply of native tree seedlings, nursing and returning unmined lands to landowners (Addo,
2008).
5.4.2 Sanctions Imposed on Violators
Some barriers to reclamation compliance in the District were challenges in enforcement, non-
engagement of the local people and lack of provision of alternative livelihoods. With regards to
enforcement challenges, a fine of not more than 750 penalty units must be paid or a violator faces
imprisonment or both (Akabzaa & Darimani, 2001; EAR, 1999). Fines were duly paid and
violators went scot-free. Researchers argue that penalties imposed should depend on the severity
and motive behind committing the offence, whether intentional or unintentional, simple or serious.
It was also discovered in the USA that balancing the carrot and stick approach did not yield much
as stakeholders struggled to ensure regular monitoring (Shimshack, 2014). The idea was to effect
compliance by monitoring in such a way that monetary compliance would not necessarily be the
case always but this is not so as human behaviour is highly unpredictable. Also realized was the
fact that fines imposed tainted the reputation of large-scale mining companies such that they
preferred spending more to minimize environmental pollution. Domfeh’s (2003) study on
compliance and enforcement in environmental management in Ghana confirmed that fines
imposed are not deterrent enough since monitoring and enforcement remain major challenges in
ensuring compliance. In the case of this research, fines were being translated into bribes, if paid at
all.
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5.4.3 Level of Education and Knowledge of Regulations
It is well known in the literature that most mining activities take place in rural communities (Hilson
2002b; Hilson 2004; Hilson 2012). These communities have typical characteristics of low levels
of education, unemployment and high living standards. The case was not different in the Atiwa
District where only a marginal percentage had gained tertiary education and increasing income
was more important to them. The people did not know much about their rights and how
advantageous it could be in the process of granting social licenses. Domfeh (2003) reveals the
correlational link between income levels and educational levels. Similar to this study was a
significant relationship between education and knowledge of reclamation regulations.
5.4.4 Implications on Livelihood
Where mining co-exists with other forms of livelihood, there is likely to be some form of
occupational shift. However, the perception of the people based on their knowledge of mining
activities and educational status makes farmers deny being called miners after the shift. Identified
occupational groups were farming, mining, traders, students and government workers. Farmers
claimed that as long as their lands had been taken away with little or no compensation, they had
every right to engage in small- scale or illegal mining activities. They did not consider it illegal
(Lahiri-Dutt et al., 2014). Respondents were hesitant to reveal their respective occupations for fear
of being reported as illegal miners.
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CHAPTER SIX
CONCLUSION AND RECOMMENDATIONS
6.1 Conclusion
Pragmatic policy formulation informs the environmental impacts caused by mining operations.
Additionally, regulatory and enforcement agencies are fundamental in ensuring environmental
protection and sustaining the livelihoods of the affected communities. Non-compliance with
mining reclamation policies results in pools of water created by abandoned mine pits that serve as
death traps, results in loss of livelihoods and vegetative cover as well as severe health implications.
Other impacts include noise, air, water and soil pollution. The study provides a review of mining
reclamation regulations and policy weaknesses. The roles of stakeholders both at the national and
local levels were assessed. Also, an assessment of reclamation indicators and a quantitative
measure of the extent of unreclaimed mined areas were made. It also provides the perception of
community members in the Atiwa District on the impacts of non-compliance of reclamation
regulations.
Major weaknesses observed were lack of specificity in regulations, the technical language used in
policy documentation and confidentiality of some documents especially that of mining companies.
Fines imposed on violators were proven to be ineffective on the ground. Regulations are difficult
to understand because of the technical language used by policy makers. Lack of specificity made
compliance to regulations difficult and so specific compliance indicators were left to the discretion
of miners. No provision was made in the regulations for incentives for compliant miners.
Furthermore, on the role of stakeholders and compliance assessment, familiarity with some
representatives of the Environmental Protection Agency, the Minerals Commission, the Police and
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Operation Vanguard Officials made enforcement difficult. Key enforcement challenges identified
were allegations of bribery and corruption, inadequate logistics, overlapping roles and lack of
collaboration among stakeholders. Though there was the establishment of the Operation Vanguard
Tax Force, the Tributer system of mining made it difficult to distinguish between Tributers and
legal small-scale miners hence, reclamation regulations were not being adhered to by many miners.
The District Assembly made “gentleman agreements” with miners through the District Court. The
power of the District Court is compromised. Disunity among miners on the recipient of royalties
made accountability and transparency a challenge.
The Birim River was polluted resulting in a shortage of water for domestic, industrial and irrigation
purposes. This was evident with the proximity of the River to the mine sites. The landscape was
destroyed and many abandoned mine pits which contained water bred mosquitoes and became
death traps to the people.
Finally, the study sought to assess the perception of respondents on mining activities in the District.
The study revealed that communities knew very little about regulations and their right as social
license holders. Fines were the most common penalty for violators. However, the respondents
called it “bribe”. There was also a significant shift from agriculture to other forms of livelihoods.
Findings from the study indicate that the level of education of respondents influences the
knowledge of the people on existing regulations. Concerns of the people indicated forceful
acquisition of some farmlands without compensation; the inability of the District Assembly to
enforce compliance through the District Court; allegations of bribery and corruption; lack of
deterrent penalties for violators of reclamation regulations and victimization of respondents who
attempted to report cases of environmental mismanagement.
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6.2 Recommendations
The following recommendations were proposed based on the findings of the study:
The Ministry of Environment, Science, Technology and Innovation (MESTI) should
redevelop site-specific policy, with fewer technicalities for easy understanding and
implementation. The confidentiality clause in EIA should be removed to ensure
transparency and accountability of mining companies in the District.
Regulatory agencies like the EPA and Minerals Commission should collaborate with the
Local Government, academia and other key stakeholders to undertake extensive research
on reclamation of mines in the Atiwa District. Enforcement agencies like the Operation
Vanguard Tax Force and the Police should enforce deterrent penalties, alongside the
provision of incentives. The government should in turn provide stakeholders with relevant
logistics and review the functions of regulatory agencies to avoid overlapping roles.
Reshuffling of officials especially the Operation Vanguard team should also be done
quarterly. This will help reduce complaints of allegations of bribery and corruption,
environmental pollution, restore the people’s trust in the Atiwa District Court and keep
miners on their toes.
Also, the Tributer system of mining should be regularized as a livelihood option and miners
trained in sustainable mining operations by the large-scale mining companies with support
from the government.
The NCCE, CHRAJ, EPA and other relevant stakeholders should sensitize the
communities on their rights and responsibilities concerning the environment. The people
should be educated on the power to grant social licenses. Information should be
disseminated by EPA and Minerals Commission on successful reclamation strategies. This
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will also help miners in the Atiwa District keep abreast with modern and effective methods
of mining. These strategies should be explained in the twi dialect for easy understanding to
enable the people make informed decisions.
The findings of this study should serve as the basis for further research in reclamation and
other related subjects in mining districts in the country. Examining the value of ecosystem
goods and services before and after reclamation programmes as well as cost-benefit
analysis can also be undertaken in future research.
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Metallurgy. 117(5), 485–490. https://doi.org/10.17159/2411-9717/2017/v117n5a10.
Van Eeden, E.S. (2008). Weaknesses in environmental action in South Africa: A Historical
Glance on the West Rand ( Gauteng Province). International Journal of Water Resources
Development. 24(3). 46-475. https://doi.org/10.1080/07900620802127382.
Webler, T. (1995). Right discourse in citizen participation: an evaluative yardstick. In: Springer.
WHO. (1997). Conquering suffering, enriching humanity. World Health Report.
https://www.who.int/whr/1997/en/.
WHO/UNICEF. (2008). Water, Sanitation and Hygiene Annual Report 2008.
https://www.unicef.org/wash/files/UNICEF_WASH_2008_Annual_Report_Final_27_05_2
009.pdf%0Ahttp://www.unicef.org/spanish/wash/files/UNICEF_WASH_2008_Annual_Re
port_Final_27_05_2009.pdf.
Yawuli, I. (2015). Evaluation of land reclamation with MPT's at Anglogold Ashanti: A
chronosequence approach. http://hdl.handle.net/123456789/8193.
Yeboah, J. (2008). Environmental and Health Impact of mining on surrounding communities: A
case of Anglogold Ashanti in Obuasi. [Thesis work: Kwame Nkrumah University of Science
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Yeldell, A., & Squires, V. R. (2016). Restoration, reclamation, remediation and rehabilitation of
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mining sites: Which path do we take through the regulatory maze? Chapter 3.In Ecological
Restoration.Victor R. Squires(ed.)1-17.
Yelpaala, K., & Ali, S. H. (2005). Multiple scales of diamond mining in Akwatia, Ghana:
Addressing environmental and human development impact. Resources Policy, 30(3), 145–
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A Case Study of Birim North District of Ghana. Resources Policy, 32,29-41.
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APPENDIX A- QUESTIONNAIRE GUIDE
This questionnaire is designed to solicit information on the title “Compliance with Mining
Reclamation Policies in the Atiwa District’’ as part of postgraduate dissertation work. It is
particularly targeted at the mining companies, regulatory bodies and the local people in some
selected communities in the District.
Please fill the blank spaces where appropriate. All information provided is solely for academic
purposes and as such is confidential.
Please tick where boxes have been provided. NB: You may tick more than one option where
appropriate.
1.1 SECTION A
Demographic characteristics of inhabitants of the selected communities
1. Name of community
i. Kwabeng [ ] ii. Bomaa [ ] iii. Akrofufu [ ] iv. Akwabuoso [ ]
2. Gender of respondent
i. Male [ ] ii. Female [ ]
3. Age of respondent
i. 20 and below [ ] ii.21 - 30 [ ]
iii. 31- 40 [ ] iv.41 - 50 [ ]
v.51 – 60 [ ] vi.61-70 [ ] vii. 70 and above [ ]
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4. Level of Education
I. Primary [ ] ii. Junior High [ ] iii. Secondary [ ]
iii. Tertiary [ ] iv. No formal education [ ] v. Others………………..
5a. Residential Status i. Permanent resident [ ] ii. Migrant [ ]
b. If migrant, length of stay in the community
i. Less than 5 years [ ] ii. 5-10 years [ ] iii. 10- 15 years [ ] iv. Above 15 years [ ]
6. Home town…………………………….
7. What is your occupation?
i. Farmer [ ] ii. Trader [ ] iii. Miner [ ] iv. Mine related work [ ] v. Student [ ]
vi. Public Servant [ ]
8. What are some of the minerals mined in the area?
i. Gold [ ] ii. Diamond [ ] iii. Bauxite [ ]
1.2 SECTION B
Stakeholders/institutions in reclamation compliance
9. Have you ever heard of mining reclamation?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
10. Are you aware that mined sites are supposed to be reclaimed?
I. Yes [ ] ii. No [ ] iii. No Idea [ ]
11a. Is mining reclamation being done in your locality?
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ii. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. If yes, how often?
i. Weekly [ ] ii. Monthly [ ] iii. Annually iv. Once in a while [ ] v. No idea [ ] vi. Any
other………………………
c. If yes, how is it being done?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
1.3 SECTION C
Perception of the people on reclamation
12a. Do you think mining companies in your locality have managed the environment well?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. If yes, what other uses are the mined sites put to?
i. Farmlands [ ] iv. Buildings [ ]
ii. Fallow land [ ] iii. Reserve [ ]
iii. Reserve [ ]
c. If no, explain the extent of damage/ mismanagement
…………………………………………………………………………………………………
…………………………………………………………………………………………………
13a. Do you know any regulation which mandates mining companies to restore the natural
environment after their operations?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
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b. If yes, mention the regulation
…………………………………………………………………………………………………
c. Are the miners adhering to the regulation?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
14a. Does any institution ensure enforcement of the regulation?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. State them
i. EPA [ ] ii. Operation Vanguard [ ] iii. Police [ ] iv. Large-scale Mining Supervisors [ ]
15a. Are you aware of any sanctions imposed on those who do not adhere to the regulation?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. Mention them
i. Fine [ ] ii. Imprisonment [ ] iii. Confiscation of machines [ ] iv. Physical Assault [ ] v.
Suspension of mining activities [ ]
1.4 SECTION D
Implications of reclamation on livelihoods of local inhabitants
16a. Have you been personally affected by mining activities in your locality?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. If yes, please elaborate on the nature of this effect.
i. Reduced Farmlands [ ] viii. Dust [ ]
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ii. Food shortage/high cost of food [ ] viv. Land degradation [ ]
iii. The high cost of living[ ] vv. Loss of biodiversity [ ]
iv. Excessive noise [ ] vii. Loss of soil fertility [ ]
v. The outbreak of diseases[ ]
vi. loss of cultural values [ ]
17. Was your land taken from you for mining?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
18a. Were you paid compensation for your land?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. If no, has your land been reclaimed?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
19. If reclaimed, has your land been given back to you?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
20a. Did the mining company provide an alternative source of livelihood?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. If yes, what are the alternative livelihood options?
i. Bee Keeping [ ] iv. Inclusion in mining activities [ ]
ii. Animal rearing [ ]
iii. Craft making [ ]
21. In what way has mining reclamation influenced your livelihood?
i. improved living standards [ ] iv. Improved water quality [ ]
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ii. Increased farm sizes [ ] v. Increased Biodiversity [ ]
iii. Reduction of the incidence of diseases vi. Restoration of cultural values [ ]
vii. Reduction of dust particles [ ]
22a. Are you/were you engaged in the mining process?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. If yes, at what stages are you/were you engaged?
i. Prospecting [ ] iii. Mine site planning [ ] vi. Exploitation [ ]
ii. Exploration [ ] iv. Development [ ] vii. Reclamation [ ]
23a. Have there been/are there any interventions by the local authorities to ensure livelihood
security?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. If no, why?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
c. If yes, what are they?
………………………………………………………………………………………………………
……………………………………………………………………………………………………...
24a. Have the institutions been effective?
I. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. Briefly explain your response in question 23c. above.
………………………………………………………………………………………………………
………………………………………………………………………………………………………
1.5 SECTION E
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Recommendations
25. Any recommendations?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
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QUESTIONNAIRE FOR MINING ENTITIES
1.1 SECTION A
Background Information
1. Types of Minerals mined
i. Gold [ ] ii. Diamonds [ ] iii. Bauxite [ ]
2. Type of Mining i. Surface Mining [ ] ii. Underground Mining [ ]
3. How long has your institution been extracting minerals from this locality?
…………………………………………………………………………
1.2 SECTION B
The existence or otherwise of mining reclamation policies
4. What is your opinion is mining reclamation?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
5. Does your company have any policies or regulations on environmental reclamation?
i. Yes [ ] ii .No [ ] iii. No Idea [ ]
b.If yes, provide the following details of this document;
i.Name
....................................................................................................................................
ii.Date of entry into Force
………………………………………………………………………………………
iii.General Objective of the Policy
………………………………………………………………………………………………………
………………………………………………………………………………………………………
iv.One specific objective each relating to;
Land
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…………..…………………………………………………………………………………………
………………………………………………………………………………………………………
Water
………………………………………………………………………………………………………
………………………………………………………………………………………………………
Air
………….…………………………………………………………………………………………
………………………………………………………………………………………………………
5. If no to question 4, how does your company manage its environmental impact (land, water, and
air)?
i.Land
………………………………………………………………………………………………………
………………………………………………………………………………………………………
ii.Water
………………………………………………………………………………………………………
………………………………………………………………………………………………………
ii.Air
............................................................................................................................................................
............................................................................................................................................................
1.3 SECTION C
Role of stakeholders/institutions in mining reclamation compliance
8a. Have you ever undertaken any reclamation activity during this period?
i. Yes [ ] ii. No [ ]
b. If yes, briefly describe the nature of the reclamation exercise
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………………………………………………………………………………………………………
………………………………………………………………………………………………………
9. Did your company submit an initial Environmental Impact Assessment Report (EIA) to the
relevant agency?
i. Yes [ ] ii. No [ ]
10a. Does your institution collaborate with any other institution in the reclamation process?
i. Yes [ ] ii. No [ ]
b. If yes, mention this institution
………………………………………………………………………………………………………
j. What is the specific role of this institution in the reclamation process?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
11a. Does your company undertake monitoring exercises?
i. Yes [ ] ii. No [ ]
b.If yes, how is it done?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
c.How often does your company undertake monitoring exercises?
............................................................................................................................................................
d. Does your company have a mine closure department? i. Yes [ ] ii. No [ ]
e.Does your company have Remote Sensing (RS) and Geographic Information Systems (GIS)
experts?
i. Yes [ ] ii. No [ ]
f.Are you able to meet your target?
i.Yes [ ] ii. No [ ]
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g.If no, what are the constraints observed concerning your reclamation regulations?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
h.If no, how do you seek to improve them?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
12a. Does any other institution supervise the reclamation process?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. If yes, mention the institution(s)
…………………………………………………………………………………………………
13. Have the institutions been effective? I. Yes [ ] ii. No [ ]
14. .Is there any existing agreement between your company and the regulatory bodies on mining
reclamation? i. Yes [ ] ii. No [ ] iii. No Idea [ ]
1.4 SECTION D
The extent of mining reclamation in the District
15. What is the size of your total mining concession in this locality?
………………………………………………………………………………………………………
16. What is the total area of mined land? ……………………………………………
17. What is the size of the reclaimed area from the total mining concession?
…………………………………………………….
18. What was the land use of the site before your mining activities began
………………………………………………………………………………………………
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1.5 SECTION E
Enablers and barriers to mining reclamation
19. Why do you undertake reclamation exercise(s)? List them
………………………………………………………………………………………………………
………………………………………………………………………………………………………
20. Have you identified some weaknesses in your company’s reclamation regulation?
i. Yes [ ] ii. No [ ]
21. If yes, how does your company seek to improve them?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
1.3 SECTION F
Implications of reclamation on livelihoods.
22a. Are the local people engaged? I. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. At what stages are the people engaged?
i. Prospecting [ ] iii. Mine site planning [ ] vi. Exploitation [ ]
ii. Exploration [ ] iv. Development [ ] vii. Reclamation [ ]
23. How has the reclamation impacted on the lives of the people?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
1.4 SECTION G
Challenges and Recommendations
24. What were the challenges you encountered during the reclamation exercise?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
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25. Any recommendations?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
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QUESTIONNAIRE FOR ATIWA DISTRICT ASSEMBLIES AND KEY INFORMANTS
1.1 SECTION A
1. Department…………………………………………………………..
2. What is your opinion is mining reclamation?
…………………………………………………………………………………………………
…………………………………………………………………………………………………
…………………………………………………………………………………………………
………………………………………………………………………………………………..
3. Are reclamation programmes undertaken in your District by mining companies?
I. Yes [ ] ii. No [ ] iii. No Idea [ ]
1.2 SECTION B
The existence or otherwise of mining reclamation policies
4a. Are there any regulations guiding reclamation in your establishment?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. Briefly describe the following features of the said regulation.
i. Name: …………………………………………………………………………………….
ii.Main Objective
………………………………………………………………………………………………
………………………………………………………………………………………………
5. Briefly describe the nature of the reclamation process undertaken by your institution
concerning the following environmental media.
i. Land
………………………………………………………………………………………………
………………………………………………………………………………………………
ii. Water
…………………………………………………………………………………………
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iii. Air
…………………………………………………………………………………………
…………………………………………………………………………………………
6. Is your reclamation regulation based on the state policy of reclamation?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
7. If yes, how many institutions have your establishment successfully collaborated with,
concerning mining reclamation? Please mention them.
………………………………………………………………………………………………
………………………………………………………………………………………………
8. What is your role in ensuring sustainable environmental management concerning mining
reclamation based on state policy?
………………………………………………………………………………………………
………………………………………………………………………………………………
9. Briefly describe the results of your reclamation exercise on the following;
i. Land
………………………………………………………………………………………………
………………………………………………………………………………………………
ii. Water
………………………………………………………………………………………………
………………………………………………………………………………………………
iii. Air
………………………………………………………………………………………………
………………………………………………………………………………………………
1.3 SECTION C
Enablers and barriers to mining reclamation programmes in the area
10. Why does your institution undertake mining reclamation? List them
………………………………………………………………………………………………
………………………………………………………………………………………………
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11. What do you think are some of the things that make reclamation exercise a challenge? List
them
………………………………………………………………………………………………
………………………………………………………………………………………………
12a. Do you collaborate with any institution concerning reclamation?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. If yes, mention the name of the collaborating institution
…………………………………………………………………………………………
c. Please comment on the nature of the collaboration
………………………………………………………………………………………………
………………………………………………………………………………………………
d. Did it yield positive results? I. Yes [ ] ii. No [ ]
e. If yes, what are/were they?
…………………………………………………………………………………………………
…………………………………………………………………………………………………
f. If no, what are some of the reasons?
…………………………………………………………………………………………………
…………………………………………………………………………………………………
13a. Would you say that these (any of them) agencies and organizations are doing well in
monitoring and assessing mining activities in the District?
i. Yes [ ] ii. No [ ] iii. No Idea [ ]
b. Please explain your answer in question 12.above
………………………………………………………………………………………………………
………………………………………………………………………………………………………
1.4 SECTION D
Challenges and Recommendations
14. What are some of the challenges you face concerning mining reclamation?
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………………………………………………………………………………………………………
………………………………………………………………………………………………………
15. Any recommendations?
………………………………………………………………………………………………………
………………………………………………………………………………………………………
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APPENDIX B-ETHICAL CONSENT LETTER
UNIVERSITY OF GHANA
Official Use only
Protocol number
COLLEGE OF BASIC AND APPLIED SCIENCES ECBAS 021/18-
Ethics Committee for Basic and Applied Sciences (ECBAS) 19
PROTOCOL CONSENT FORM
Section A- BACKGROUND
INFORMATION
Title of Study: Compliance with Mining Reclamation Policies in the Atiwa District
Principal Emmanuella Obeng-Koranteng
Investigator
Certified Protocol ECBAS 021/18-19
Number
Section B– CONSENT TO PARTICIPATE IN
RESEARCH
You have been selected as one of the persons to help the student investigator in her project which is
titled ‘Compliance with Mining Reclamation Policies in the Atiwa District’.The purpose of the
study is to assess the compliance of mining companies with reclamation policies in the Atiwa District.
The data to be collected will be used purely for an academic purpose. You will be interviewed for
about 30 minutes to 1 hour but note that your participation is voluntary. Please if there is any question
on the topic that you need clarification, you can ask before we start with the interview.
You will help the researcher achieve the purpose of evaluating the level of compliance of reclamation
regulations and the effects of abandoned mine pits in the Atiwa District which will inform policy in
the mining sector.
You will also acquire knowledge about the planning of reclamation policies and practices. This will
help miners, farmers and community members make the most use of once-abandoned mine lands for
other developmental projects to improve the livelihoods of the people.
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Biodata, financial and social information will be asked of respondents of which they may want to be
kept confidential. You are assured of confidentiality and anonymity as the questionnaires are designed
in such a way that biographical information obtained from you will not be traced back to you, as they
will not be personalized.
During the investigation, research records will be accessible to only the student investigator. After the
study, research records will be available to the entire staff and student.
Section C- VOLUNTEER
AGREEMENT
"I have read or have had someone read all of the above, asked questions, received answers
regarding participation in this study, and I am willing to give consent for me, my child/ward
to participate in this study. I have not waived any of my rights by signing this consent form.
Upon signing this consent form, I will receive a copy for my records."
________________________________________________
Name of Volunteer
____________________________________________
_______________________
Signature or mark of volunteer Date
If volunteers cannot read the form themselves, a witness must sign here:
I was present while the benefits, risks and procedures were read to the volunteer. All questions
were answered and the volunteer has agreed to take part in the research.
_________________________________________________
Name of witness
________________________________________________
_______________________
Signature of witness Date
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I certify that nature and purpose, the potential benefits, and possible risks associated with
participating in this research have been explained to the above individual.
__________________________________________________
Name of Person who obtained Consent
___________________________________________
______________________
Signature of Person who obtained Consent Date
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APPENDIX C- ALTERNATIVE OCCUPATION OF RESPONDENTS
Table 4.11 Primary and Secondary Occupation of Respondents
Occupation
Occupation Farmers Traders Miners Mine-
related
Work
Farmers 1 20 7 2
% 2 46 16 4
Traders 4 0 1 0
% 9 0 2 0
Students 5 0 0 0
% 12 0 0 0
Govern 0 1 0 0
ment
workers
% 0 2 0 0
Total 10 21 8 2
% 23 49 19 5
Source: Computation from field data, 2019.
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