UNIVERSITY OF GHANA MINING AND DEVELOPMENT IN GHANA: A CASE STUDY OF THE MINERAL DEVELOPMENT FUND IN THE OBUASI MUNICIPAL ASSEMBLY BY QUARSHIE ABIGAIL NANA K (10284651) THIS THESIS IS SUBMITTED TO THE UNIVERSITY OF GHANA, LEGON IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR THE AWARD OF MPHIL PUBLIC ADMINISTRATION DEGREE JULY, 2015 University of Ghana http://ugspace.ug.edu.gh i DECLARATION I hereby declare that this work is based on my own research and not a reproduction of anybody’s work either in part or in full and all documents used for this research have all been properly referenced. ………………………………….. ………………………….. QUARSHIE ABIGAIL NANA. K DATE (10284651) University of Ghana http://ugspace.ug.edu.gh ii CERTIFICATION I hereby certify that this work has been supervised according to the laid down procedures of the University of Ghana. …………………………………………. ……………………………… DR. ABDUL-GAFARU ABDULAI DATE (SUPERVISOR) University of Ghana http://ugspace.ug.edu.gh iii DEDICATION This work is dedicated to my parents, Mr. Charles Quarshie and Mrs. Mercy Quarshie, my siblings, Rev. King David Lawrence Abazeri and Dr Abdul Gafaru Abdulai my supervisor for his guidance in my research work. I appreciate your efforts and God bless you. University of Ghana http://ugspace.ug.edu.gh iv ACKNOWLEDGEMENTS My sincerest gratitude goes to the Almighty God for his goodness, kindness and love. I am indebted to Dr. Abdul-Gafaru for his guidance and support. I would like to thank my parents and siblings for their encouragement. I thank Rev. King David Lawrence Abazeri, Honourable Emelia Sossa (MCE, Upper Denkiyra East) and Mr Sandys Boakye Yiadom for their help in my field work. I appreciate the efforts of the Municipal Chief Executive of Obuasi, all the officers, Assembly Members and chiefs in Obuasi Municipal Assembly who gave me the necessary information I needed for this work. To all Public Administration course mates especially Sandra, Mabel, Zachariah and Dinah, God bless you all for your contribution to this work. University of Ghana http://ugspace.ug.edu.gh v TABLE OF CONTENTS DECLARATION ................................................................................................................... i CERTIFICATION ................................................................................................................ ii DEDICATION .................................................................................................................... iii ACKNOWLEDGEMENTS ................................................................................................. iv LIST OF TABLES ................................................................................................................ x LIST OF FIGURES ............................................................................................................. xi LIST OF ABBREVIATIONS ............................................................................................. xii ABSTRACT ....................................................................................................................... xiv CHAPTER ONE ................................................................................................................... 1 INTRODUCTION ................................................................................................................ 1 1.0 Background ................................................................................................................. 1 1.1 Research Problem ........................................................................................................ 3 1.2 Research Aim and Objectives ..................................................................................... 5 1.3 Research Questions ..................................................................................................... 6 1.4 Research Significance ................................................................................................. 6 1.5 Organization of the Study ............................................................................................ 6 1.6 Limitation of the Study ................................................................................................ 7 CHAPTER TWO .................................................................................................................. 8 LITERATURE REVIEW...................................................................................................... 8 2.0 Introduction ................................................................................................................. 8 2.1The Resource Curse Thesis .......................................................................................... 8 2.1.1 Explanations for poor development outcomes...................................................... 9 2.1.2 Type of resource ................................................................................................... 9 2.1.3 Economic perspective ........................................................................................... 9 2.1.4 Political explanations of the resource curse ........................................................ 10 University of Ghana http://ugspace.ug.edu.gh vi 2.1.5 Rent seeking argument........................................................................................ 10 2.2 Institutional argument ................................................................................................ 11 2.2.1 Policies ................................................................................................................ 12 2.2.2 Governance ......................................................................................................... 13 2.2.3 Type of state........................................................................................................ 14 2.3 Dealing with the resource curse ................................................................................ 14 2.3.1 Natural Resource funds ....................................................................................... 14 2.3.2 Savings and stabilization funds .......................................................................... 15 2.3.3 Distributing Funds Directly To Citizens ............................................................. 16 2.3.4 Good Governance ............................................................................................... 16 2.3.5 Strengthening of institutions ............................................................................... 17 2.3.6 Privatization ........................................................................................................ 17 2.3.7 Good financial management system ................................................................... 17 2.3.8 Transparency ....................................................................................................... 18 2.3.9 History of mining in Ghana .................................................................................... 19 2.4 Adoption of the Structural Adjustment Programme (SAP) and mining in Ghana 23 2.4.1 Minerals and Mining Act, Act 703, 2006 ........................................................... 26 2.4.2 Distributing mineral revenues at the local level ................................................. 28 2.4.3 History of the Mineral Development Fund (MDF) ............................................ 29 2.4.4 The Chieftaincy institution in Ghana .................................................................. 30 2.4.5 Chiefs and Mining .............................................................................................. 33 2.4.6 Chiefs and the use of the Mineral Development Fund ....................................... 34 2.5 District Assemblies .................................................................................................... 35 2.5.1 The Local Government Structure ....................................................................... 36 2.5.2 Finances of local government ............................................................................. 36 2.5.3 MMDAS and the Use of the MDF ..................................................................... 37 2.5.4 Challenges Associated With the use of the MDF in Ghana ............................... 39 University of Ghana http://ugspace.ug.edu.gh vii 2.6 Theoretical Review .................................................................................................... 42 2.6.1 Resource Scarcity Argument .............................................................................. 43 2.6.2 Theory of Political Ecology ................................................................................ 43 2.6.3 Neopatrimonialism.............................................................................................. 44 2.6.4 Conceptual Framework ....................................................................................... 47 CHAPTER THREE ............................................................................................................. 50 METHODOLOGY .............................................................................................................. 50 3.0 Introduction ............................................................................................................... 50 3.1 Research design ......................................................................................................... 50 3.2 Study Area ................................................................................................................. 51 3.3 Target population ...................................................................................................... 52 3.4 Sample Size ............................................................................................................... 53 3.4.1 Sampling Technique ........................................................................................... 54 3.5 Sources of data .......................................................................................................... 54 3.6 Data Collection Instrument ....................................................................................... 55 3.6.1 Face to face interviews ....................................................................................... 56 3.6.2 Focus Group Discussions ................................................................................... 56 3.7 Ethical considerations ................................................................................................ 57 3.8 Data analysis .............................................................................................................. 57 3.9 Challenges of the study ............................................................................................. 58 CHAPTER FOUR ............................................................................................................... 59 DATA ANALYSIS AND DISCUSSIONS ........................................................................ 59 4.0 Introduction ............................................................................................................... 59 4.1 Factors that led to the establishment of the MDF ..................................................... 59 4.2 Economic Factors ...................................................................................................... 59 4.2.1 Expansion of Mining Activities .......................................................................... 59 4.2.2 Inflow of Mineral Revenues ............................................................................... 61 University of Ghana http://ugspace.ug.edu.gh viii 4.2.3 The Need to Sustain the Sector ........................................................................... 62 4.3 Environmental Factors .............................................................................................. 63 4.3.1 Compensation of Those Who Bear the Negatives of Mining ............................. 63 4.3.2 Need to Compensate Land Owners (Stools) ....................................................... 64 4.3.3 Shift to Surface Mining....................................................................................... 65 4.4 Summary ................................................................................................................... 66 4.5 UTILIZATION OF THE MDF AT THE LOCAL LEVEL ...................................... 67 4.5.1 Process on How the Fund Is Utilized At the Municipal Assembly .................... 68 4.5.2 Utilization of the MDF at the Obuasi Municipal Assembly from 2006-2012 .... 71 4.5.3 Beneficiaries of mineral royalties in the Obuasi Municipal Assembly .............. 77 4.6 Traditional Authorities and the Utilization of Mineral Royalties ............................. 83 4.6.1 Receipt of mineral royalties ................................................................................ 83 4.6.2 Involvement of the people in the utilization of mineral royalties ....................... 85 4.6.3 Utilization of Mineral Royalties ......................................................................... 85 4.6.4 Perception of residents on who are the beneficiaries of mineral royalties ......... 87 4.6.5 Perception of residents on whether chiefs should use their share of mineral royalties for development ............................................................................................ 89 4.6.6 Summary ................................................................................................................ 91 CHAPTER FIVE ................................................................................................................. 92 THE MDF AND LOCAL DEVELOPMENT: SOME KEY CHALLENGES ................... 92 5.0 Introduction ............................................................................................................... 92 5.1 Challenges in the utilization of mineral royalties by OMA ...................................... 92 5.1.2 Delays in the Receipt of Funds ........................................................................... 93 5.1.3 Absence of Guidelines ........................................................................................ 95 5.1.4 Inadequate mineral royalties ............................................................................... 97 5.1.5 Weak Enforcement Mechanisms ........................................................................ 97 5.2 Challenges Faced By the Traditional Authorities in the Utilization of the MDF ..... 98 University of Ghana http://ugspace.ug.edu.gh ix 5.2.1 Sharing of money according to ranks ................................................................. 99 5.2.2 Insufficient Money ............................................................................................ 100 5.2.3 Delays in the release of funds ........................................................................... 101 5.3 Accountability and MDF Utilization ....................................................................... 101 5.3.1 Poor legal framework........................................................................................ 101 5.3.2 Unawareness of the fund and non-involvement of residents in decision making ................................................................................................................................... 103 5.3.3 No guidelines for the use of the of the fund ..................................................... 103 5.3.4 Ghana’s Extractive Industry Transparency Initiative (GHEITI) ...................... 104 5.3.5 Chiefs ................................................................................................................ 105 Summary .................................................................................................................... 105 CHAPTER SIX ................................................................................................................. 106 SUMMARY OF FINDINGS, RECOMMENDATIONS AND CONCLUSIONS ........... 106 6.0 Introduction ............................................................................................................. 106 6.1 Summary ................................................................................................................. 106 6.2 Theoretical contribution .......................................................................................... 107 6.3 Recommendations ................................................................................................... 109 6.4 Conclusion ............................................................................................................... 112 REFERENCES .............................................................................................................. 113 Appendices A -Interview Guide ................................................................................ 125 University of Ghana http://ugspace.ug.edu.gh x LIST OF TABLES Table Page Table 4.1: Royalties Received From the MDF year 2000 to 2012 ..................................... 67 Table 4.2: Received and Expenditure of Mineral Royalties in the Obuasi Municipal Assembly from 2006-2012 ................................................................................. 72 Table 4.3: Expenditure of Mineral Royalties for the Year 2006- 2012 .............................. 73 University of Ghana http://ugspace.ug.edu.gh xi LIST OF FIGURES Figure Page Figure 2.1: The Local Government Structure ..................................................................... 36 Figure 2.2: Conceptual Framework.................................................................................... 48 Figure 4.1: Expenditure of Mineral Royalties Expressed as Percentage in a pie chart ...... 73 Figure 4.2: Expenditure of Mineral Royalties Expressed In a Bar Chart ........................... 74 Figure 5.1: Fluctuations in the Amount Received from the MDF ...................................... 92 University of Ghana http://ugspace.ug.edu.gh xii LIST OF ABBREVIATIONS EITI – EXTRACTIVE INDUSTRY TRANSPARENCY INITIATIVE ERP- ECONOMIC RECOVERY PROGRAMME FDI - FOREIGN DIRECT INVESTMENT GHEITI – GHANA’s EXTRACTIVE INDUSTRY TRANSPARENCY INITIATIVE ICMM- INTERNATIONAL COUNCIL FOR MINERALS AND METALS ILGS- INSTITUTE OF LOCAL GOVERNMENT STUDIES ISODEC- INTEGRATED SOCIAL DEVELOPMENT CENTRE MC- MINERAL COMMISSION MDF - MINERAL DEVELOPMENT FUND MMDAS - METROPOLITAN, MUNICIPAL AND DISTRICT ASSEMBLIES OASL- OFFICE OF THE ADMINISTRATOR OF STOOL LANDS OMA- OBUASI MUNICIPAL ASSEMBLY SAP- STRUCTURAL ADJUSTMENT PROGRAMME PNDC- PROVISIONAL NATIONAL DEFENCE COUNCIL DAS- DISTRICT ASSEMBLIES GOG- GOVERNMENT OF GHANA DACF- DISTRICT ASSEMBLY COMMON FUND TNMA - TARKWA NSUAEM MUNICIPAL ASSEMBLY University of Ghana http://ugspace.ug.edu.gh xiii PHDA- PRESTEA HUNI VALLEY DISTRICT ASSEMBLY University of Ghana http://ugspace.ug.edu.gh xiv ABSTRACT Mining in Ghana is an important economic activity that can be traced back to the colonial times. Although it has contributed substantially to the national income purse, its benefits to the local populace have been of contestation because of the negative impact on the livelihoods of people who live close to mining areas. In order to mitigate the negative impacts of mining, an administrative fiat in 1992 created the Mineral Development Fund (MDF) as a way of redistributing part of mineral revenues to communities in close proximity with mining activities through the District Assemblies and Traditional Authorities. The aim of this study is to look at the factors that led to the establishment of the MDF, how the fund has been utilized by the Obuasi Municipal Assembly (OMA) and the chiefs, the challenges faced in the utilization of the fund and the extent to which chiefs and OMA can be held accountable in the utilization of mineral revenues. A qualitative approach was used for the study in which thirty (30) key actors were interviewed. The findings showed that OMA used its share of mineral revenues for general development purposes rather than focusing on mining affected communities while the chiefs used their share of mineral revenues for their personal activities. This has been fostered by unequal power relations in terms of access to information and influence in the decision making as well as institutional weakness in our governance system. The principal challenges that inhibit the effective use of the fund are fluctuations in mineral royalties, delays, absence of guidelines as to how to utilize mineral royalties and poor accountability mechanisms in the use of the fund. University of Ghana http://ugspace.ug.edu.gh 1 CHAPTER ONE INTRODUCTION 1.0 Background Mining in Ghana can be traced back to colonial and pre-colonial times. Some of the minerals mined include gold, bauxite, manganese, diamond, salt and lime stone with gold being the major mineral mined in commercial quantities (Akabzaa, 2009). These minerals are mined by large organizations, small scale miners and on artisanal basis. The mining industry has been characterized with the active involvement of the private sector and the expansion of the sector after the adoption of the Structural Adjustment Programme (SAP) (Hilson, 2004). Apart from the surge in foreign direct investment, output in the sector has improved as well. A study by Hilson (2004) on the impact of the mining sector reforms at the micro and macro-economic levels revealed that, there was five times increase in annual gold output and big rises in bauxite, diamond, and manganese production. The mining sector has served as a major economic driver in the generation of revenues, foreign exchange earnings and the Gross Domestic Product (GDP) of the country (Aryee, 2001). A report by the Chamber of Mines (2013) revealed that, the mining sector’s contribution to the GDP increased from 9.5 % in 2012 to 9.8% in 2013. Furthermore, the mining and quarrying sub-sector sustained its position as the leading contributor to domestic revenue in 2013. According to the Ghana Revenue Authority (GRA), total contribution from the sector to the nation’s purse was approximately GH¢1.1 billion in 2013 (Chamber of Mines, 2013). Although some scholars have agreed that there is the possibility of the mining sector to have a positive impact on national development, there have been different opinions about the actual benefits of the sector towards national economic development (Akabzaa, 2009). University of Ghana http://ugspace.ug.edu.gh 2 One school of thought opines that, the sector contributes generally to development (Minerals Commission, 2005; Aryee, 2001; Amankwah & Anim-Sackey, 2003) while others are of the opinion that the impact of the sector to economic development is insignificant (Akabzaa & Dramani, 2001; Kumah 2006). Mining in general has come with a cost that has affected communities in mining areas. Many studies show that mining activities have affected the environment, social and economic lives of host communities. Water bodies have been polluted which has led to the killing of aquatic organisms and deprived residents of their sources of water; air have been polluted, which has led to some airborne diseases and lands have been degraded among others (GOG, 2013). The mining industry’s impact on livelihood has been analysed in economic, social and environmental terms. Findings showed that the impacts are positive and negative to mining communities. The positive impacts include the creation of employment, improved infrastructure and businesses in host communities, revenues to government in the form of taxes, royalties, dividends and excise taxes. The negative impacts of mining on livelihood include child labour, decreased access to social services, displacement of people, water and air borne disease, land degradation, unemployment and pollution of water bodies (Aryee, 2001; Hilson, 2002; Amankwah, & Anim-Sackey, 2003; Kumah, 2006; Kitula, 2006 & Hilson, 2012). The negative impact of mining in host communities has been attributed to the fact that, mining sector reforms have rather focused on attracting foreign direct investment with few of these reforms focusing on how to mitigate the negative effects of mining in communities (Koranteng, 2005). The non-renewable nature of minerals mined and negative effects of mining on host communities have raised issues about the sustainability of the sector in the development process. Sustainable mining can be seen as an oxymoron from a glance because of the non-renewable nature of minerals that are mined (Horowitz, 2006 & Rajam et al, 2005). University of Ghana http://ugspace.ug.edu.gh 3 The concept of sustainability in the mining sector has been used differently by many authorities. James (1999) opines that, the concept of sustainable development calls for the need to integrate economic, social and environmental elements in policy guidelines in the activities of mining companies. Laurence (2011) is also of the view that, a sustainable mining operation is one that takes into consideration the economy, efficiency, community, safety and environment. In attempt to make the sector sustainable, the government of Ghana has put measures in place in the form of Mining Acts and Laws, education and technical support through the Minerals Commission and the setting up a Minerals Fund among others (Amankwah, & Anim-Sackey, 2003; Aryee, 2001). In order to enhance the sustainability of the mining operations, the Mineral Development Fund (MDF) was set up by an executive fiat committee in 1992 in order to mitigate the negative effects of mining in the host communities of mining operations and to support mining sector institutions. The MDF constitutes 20% of royalties paid by mining companies to the government. Even though huge sums of money have been distributed to mining affected communities through the MDF, there are still complaints from residents of mining affected communities about the deplorable state mining operations have left them (CHRAJ, 2008; Garvin et al, 2009; Kumah, 2006). Their lands have been degraded; some residents have been displaced with health impacts associated with air, water and land pollution among others. 1.1 Research Problem Mining is an important and integral part of the economy of Ghana. Its benefits to the national economy cannot be overemphasised (Hilson, 2002; Aryee, 2001; Akabzaa 2009). In order to enhance the development of the industry, the government has put in place measures in the form of Mining Acts and Laws. Despite its various contributions to the University of Ghana http://ugspace.ug.edu.gh 4 national economy in the form of taxes, royalties and employment it has come with environmental, economic and social cost (Hilson, 2004; Awudi, 2002; Akabzaa, Seyire & Afriyie, 2007; Taabazuing et al, 2012). Citizens in mining communities continue to complain about how mining activities have affected their lives negatively (CHRAJ, 2008; Gavin et al, 2009; Oxfam, 2011). For instance, in a human rights report by CHRAJ in 2008, there was substantial evidence to confirm the reports of the negative impact of mining. The report recognised pollution of water bodies, forced eviction of people from their land, negative impact of mining activities on health, poor compensation mechanisms, and conflicts between mining companies and resident. Oxfam (2011) also confirmed that, human rights abuses still continued in mining areas through an article published on how a 23 year old man died from a gunshot from one of the security service personnel hired by Anglo Gold Ashanti. These reports tend to raise the question about how mineral royalties distributed to Traditional Authorities and District Assemblies through the MDF are utilised at the local level to mitigate the negative effect of mining and for development purposes. Although this mechanism is in place, some residents in mining communities tend to see no benefits of mining in their communities due to the negative impact associated with mining activities. In situations where community members claim to know the existence of the fund, they claim it is been utilised by the chiefs and District Assemblies for their private activities (Taabazuing et al, 2012, Standing & Hilson, 2013). The ICMM report of 2007 revealed that traditional authorities use their share of mineral royalties for expenditures that benefit themselves rather than the community. This is because the use of royalties for the maintenance of stools has been understood to mean “that it is legitimate to pay for regalia and the trappings of royalty – limousines, jewellery and ceremony” (ICMM, 2007, pp 77). Additionally, some chiefs are of the view that they are unable to embark on University of Ghana http://ugspace.ug.edu.gh 5 community projects because of the unfair share of mineral royalties received (Akabzaa, 2009). For instance in the Wassa West District, Assembly Members claim mineral royalties are used for administrative processes and for financing development projects but the residents have the general perception that local authorities “are corrupt and tend to use the royalties for their personal gain” (Taabazuing et al, 2012, p.44). These have sometimes fuelled conflicts especially between residents and their local leaders in close proximity with mines. The ICMM report of 2007 has also revealed that stakeholders have questioned why little goes back to mining communities although the MDF is in place. These issues raise the question of the effectiveness of the MDF as an instrument for returning benefits to mining communities. The purpose of this research is to find out how the MDF evolved and how it has been utilised in the Obuasi Municipal Assembly area. The study assumes that if the challenges associated with the MDF are addressed, this would enhance the effective use of mineral royalties to promote development and limit the negative effects associated with mining in communities that host mining operations. 1.2 Research Aim and Objectives The main aim of this research is to find out how the MDF evolved, how it has been utilised in the Obuasi Municipal Assembly, challenges associated with its utilization and the extent to which accountability is enforced in the use of the fund. The study explores the following specific objectives. 1. To explore the factors that led to the establishment of the MDF 2. To know how the MDF has been utilised by the chiefs and the Obuasi Municipal Assembly in promoting development from 2006 to 2012. 3. To know the challenges that District Assembly officials and chiefs face in the utilization of the MDF for development purposes. University of Ghana http://ugspace.ug.edu.gh 6 4. To know the extent to which the District Assemblies and chiefs are held accountable in the use of the fund. 1.3 Research Questions 1. What are the factors that led to the establishment of the MDF? 2. How has the MDF been utilised by the chiefs and the Obuasi Municipal Assembly from 2006 to 2012? 3. What are the challenges District Assembly Officials and chiefs face in the utilization of the MDF for developmental purposes? 4. To what extent are District Assembly Officials and chiefs held accountable in the utilization of the fund? 1.4 Research Significance The findings from this research will be beneficial in three ways. First and foremost, this research would contribute tremendously in giving an in-depth understanding on how the Mineral Development Fund has been utilised to improve the living standards of residents in mining communities. Secondly, it would inform the Ministry of Lands and Natural Resources and its relevant stakeholders about the challenges District Assemblies and chiefs face in the utilisation of the fund in mitigating the negative effect of mining in host communities. Thirdly, the findings would also inform the Ministry of Lands and Natural Resources on how to ensure that sustainable development is implemented successfully in the sector. 1.5 Organization of the Study This study is organized into six chapters. Chapter one incorporates the background of the study, the research problem, the research objectives and questions, the research University of Ghana http://ugspace.ug.edu.gh 7 significance and the limitation of the study. Chapter two of the study focuses on the literature review. Chapter three is centred on the methodology used in data collection and analysis of the data. Chapter four and chapter five, presents the results and analysis of the study. Chapter six on the other hand, consists of the summary, theoretical contribution, recommendations and conclusion of the study. 1.6 Limitation of the Study Due to time constraint, only three mining affected communities were selected from the Obuasi Municipal Assembly for the study. Although the study wanted to investigate how the fund has been utilized since it was established, data got from the Obuasi Municipal Assembly covered the utilization of the MDF from the year 2006 to 2012. Chiefs that were interviewed for the study were only the Odikros (care taker chiefs) of the mining affected communities because the main chiefs for the areas had travelled around the period of data collection. University of Ghana http://ugspace.ug.edu.gh 8 CHAPTER TWO LITERATURE REVIEW 2.0 Introduction This chapter is the literature review section and it is divided into four main parts. The first part gives a global outlook on why resource rich countries are characterized by poor development outcomes and the measures that have been proposed to avoid the resource curse. The second part narrows down to the Ghanaian context. This focuses on how Ghana’s resource extraction economy started and the various reforms that have been undertaken to make the natural resource sector more vibrant. The third part encompasses the history of the mineral development fund, how district assemblies and chiefs have utilized the fund, the challenges associated with the fund. Part four looks at the theoretical review and the conceptual framework. 2.1The Resource Curse Thesis Contrary, to the argument made in the past that natural resources can help economies grow faster, some studies have shown that most resource endowed countries have been characterized with poverty with the exception of a few. Resource endowed countries especially African countries have been characterized with poor economic outcomes such as low GDP and high debts which have been termed the resource curse (Sala-i-Martin & Subramanian, 2003; Sachs & Warner 2001). Among the countries are Nigeria, Angola, Sierra Leone and Zaire. On the contrary, countries like Botswana and Norway have been characterized good economic outcomes. This suggests that the resource curse can be avoidable and is not a universal phenomenon (Rhode & Deacon, 2012). University of Ghana http://ugspace.ug.edu.gh 9 2.1.1 Explanations for poor development outcomes Several reasons have been outlined by scholars as contributing to the poor development outcomes of resource endowed countries. These explanations for the resource curse have been attributed to the type of natural resource endowment, economic factors and the political factors. 2.1.2 Type of resource Some scholars are of the view that it is not just the acquisitions of natural resource that lead to the curse but it is the type of resource that leads to the resource curse. Point resources like minerals oil, gas are likely to be characterized with poor economic outcomes (Murshed, 2004; Boschini, Pettersson, & Roine, 2007). Murshed (2004) opined that point natural resource impedes democratic and institutional development, thereby having a negative impact on growth. Boschini, Pettersson & Roine, (2007) note that, the positive and negative effects are larger in countries with precious minerals. 2.1.3 Economic perspective The economic explanation of the resource curse links poor developmental outcomes to economic factors. From that perspective, the reasons for the poor economic outcome is due to a low degree of trade openness, long term trends in world prices, price instability, permanent crowding out of manufacturing, Dutch disease, limited economic diversification, revenue volatility, poor investment and savings habit (Arezki & Van der Ploeg, 2007; Sandbu, 2006; Sachs & Warner, 2001; Li, 2013). University of Ghana http://ugspace.ug.edu.gh 10 2.1.4 Political explanations of the resource curse The political explanations of the resource curse have specifically focused on rent seeking activities, institutional factors, policies and the type of governance found in resource endowed countries. 2.1.5 Rent seeking argument Those who put forward the rent seeking argument are of the view that, the presence of natural resource wealth creates irrational behavior on the path of political elites. In the bid to capture resource rents during the extraction of minerals, powerful coalitions are formed in society which makes it possible to extract resource rents from the private sector to these powerful groups at the expense of society. During resource booms, these transfers become intense thereby shifting attention from productive activities. This is done possibly through corruption, bribes, nationalization and usurpations (Lane &Tornell 1996; Tornell & Lane 1999). Other scholars are of the view that, the presence of resource rents provides the opportunity to political elites to line their pockets through rent seeking. Ross (2001a) notes that, the during windfall gain political elites take the opportunity to capture rent and have a control to distribute them. In the same vein, Ascher (1999) for instance noticed that political elites generally waste rents. They tend to use it to pursue development programs that are controversial in nature, create opportunity for rent seeking activity to promote their interest, provide economic benefits to particular interests group, capture rents and avoid accountability. Another explanation is that during resource booms entrepreneurial minds are channelled into rent seeking activities rather than productive activities, this tends to reduce the extent to which investment is made into productive activities hence causing poor economic outcomes (Torvik 2002; Mehlum, Moene & Torvik, 2006). University of Ghana http://ugspace.ug.edu.gh 11 2.2 Institutional argument Institutions have been found to play an intervening role in determining economic outcomes in resource rich countries (Murshed, 2004; Mehlum, Moene & Torvik, 2006; Boschini, Pettersson, & Roine, 2007; Deacon & Rode, 2015; Van der Ploeg, 2011; Robinson, Torvik, & Verdier, 2014). Boschini, Pettersson, & Roine (2007) found out that, the quality of institutions and the type of resources are the key determinants of economic outcomes. Low quality of institutions will transform resources into a curse while institutions that are high in quality will be able to fight the resource curse. They note that, “sufficient improvement in institutional quality turns resource abundance into an asset rather than a curse” (p.27–28). Murshed (2004) adds that, institutions and their functioning are a crucial factor determining resource endowments, geography and policies, on the one hand and economic outcomes on the other hand. Lane & Tornell (1999) note that the presence of effective institutions can help curb these rent seeking activities associated with the discoveries of natural resource wealth. Countries that are able to put institutional restraint on these rent seeking activities will be characterized by higher growth rates as compared to countries which do not have effective institutional restraint. Resource rents encourage rent seizing and civil conflicts if institutions are bad. The curse is evident in countries with low institutional quality (When the institutional barriers for rent seeking activities are unavailable) while it’s non-evident in countries with high institutional quality (Mehlum, Moene & Torvik, 2006). In countries where institutions are unable to limit the extent to which politicians engage in clientelism incomes are lower and when able to limit their activities this lead to higher incomes (Robinson, Torvik & Verdier, 2006). They add that, countries with institutions that enhance accountability and state competence will tend to enjoy from resource booms since these institutions ameliorate the perverse political incentives that such booms create. The University of Ghana http://ugspace.ug.edu.gh 12 curse is very evident in countries which have already weak institutions at the time of resource booms (Sala-i-Martin & Subramanian, 2003). In a similar vein, when institutions allow political elites to grab rents it leads to low incomes but higher incomes when institutions enhance the productive utilization of rents (Mehlum, Moene and Torvik, 2006). Some scholars have found out that institutions in countries do not affect economic outcome in a similar way, that is, the effect of some institutions on growth are more evident done others. In a study by El Anshasy & Katsaiti (2013, p.291), they found “Corruption control, sound rule of law, and better bureaucratic qualities positively impact growth by raising productivity and improving fiscal performance and windfall management. On the other hand, budgetary and political institutions seem to work through the fiscal transmission channel”. In china, it was found out that the quality of institutions (law courts) plays an important role in economic outcomes (Ji, Magnus & Wang, 2014). In looking at the impact resource extraction institutions on economic outcome, Amundsen (2014) distinguished between institutions of extraction (institutions enabling and protecting rents extraction) and institutions of redistribution (institutions of power and revenue sharing) in a study in Angola. The results showed that sidelining of institutions responsible for revenue sharing and the support for institutions that enable the extraction of rents are the cause of elite capture of rents, monopolization and usurpation found in Angola. This shows that political commitment on the part of our leaders is necessary for the efficient functioning of institutions. 2.2.1 Policies Some scholars have also attributed negative economic outcomes to poor policies that are found in resource endowed countries. Policies in resource abundant countries do not University of Ghana http://ugspace.ug.edu.gh 13 enhance the use of mineral rents for productive purposes and tend to reflect the interest of minority of the populace (Barbier, 2003). Durnev & Guriev (2007) pointed out that, the presence of mineral wealth tends to induce an irrational behaviour in political elites especially if institutions are immature. Political elites therefore engage in rent seeking activities in order to enjoy benefits from the wealth. Therefore, policies pursued tend to be bad and hinder the effective use of mineral wealth. 2.2.2 Governance The impact of natural resource on development has been traced to the type of governance system in place. In the study of oil rich countries, Bjorvatn, Farzanegan & Schneider (2012) found out that, strong government can provide the foundation for positive economic impacts even in the presence of poorly developed institutions while weak governments will cause damaging effects on economic outcomes. Another study looked at the role of political institutions on the resource curse by looking at institutions that reflect the degree of inclusiveness (Polity) and credibility of intertemporal commitments (Political Check and Balances). Their findings indicate that countries that had high scores on both indicators are likely to transform their resource wealth into growth while countries with low scores are likely to experience the curse (Elbadawi & Soto, 2012). This puts emphasis on the role of guidelines and participation of the people in resource management. Autocratic /oligarchic institutions and anarchic institutions are associated with poor economic outcomes (Sandbu, 2006). Simialry, the curse exists in countries with weak democratic and governance institutions (El Anshasy & Katsaiti, 2013). University of Ghana http://ugspace.ug.edu.gh 14 2.2.3 Type of state The type of state has been found to play a role in determining the extent to which natural resources would enhance economic growth. Auty & Gelb (2001) note that developmental states tend to foster economic growth, due to competitive industrialization and sustained policies. On the contrary, in resource abundant countries, competition for rents leads to factional and predatory states that allocate rents through indirect means that distort the economy. In a similar vein, natural resource endowment is likely to lead to lower incomes in countries that are ethnically diverse as compared to homogenous state. This is because this increases the tendency in fractionalized state to fight for windfall gains and engage in rent seeking activities. This would also reduce property rights hence income (Hodler, 2006). Unstable countries with bad institutions and lack of rule of law, corruption, presidential democracies, and underdeveloped financial systems experience severe economic outcomes (Van der Ploeg, 2011) 2.3 Dealing with the resource curse Several approaches have been described as ways of dealing with the resource curse. Most of these approaches have come from resource endowed countries that have been able to transform their wealth into positive economic outcomes. Some of these measures have focused on the establishment of natural resource funds, privatization, good governance and enhancing transparency and accountability in the utilization of revenues from natural resources. 2.3.1 Natural Resource funds The setting up of natural resource funds has been suggested as one of the ways in dealing with the resource curse. Transparent commodity funds, such as the Botswana’s Pula Fund University of Ghana http://ugspace.ug.edu.gh 15 has been suggested as a model that can be followed by other countries because of its non- political interference (Sandbu, 2006). The Norway petroleum fund is also an example of a natural resource fund that should be followed as a way of managing mineral wealth in resource rich countries (Stevens & Dietsche, 2008). Resource funds have the ability to improve governance and institutional quality improvements and may be useful tools in addressing improved governance and institutional quality deterioration associated natural resource abundance (Tsani, 2013). 2.3.2 Savings and stabilization funds Some scholars have specifically recommended the use of stabilization funds as a way of protecting countries against price instabilities, as this has been proved to be useful in Norway (Seymour 2000; Skancke, 2003). This takes the form of the establishment of a separate fund in which revenues are put into. Stabilization funds aim to reduce price volatility on revenues and the economy while the savings fund is aimed at storing money for future generations (Davis et al 2003). Palley (2003) notes that savings fund would help to save some of the revenues for future generations, and named Azerbaijan and Kazakhstan as examples to follow. Additionally stabilization fund would help to fight against the Dutch diseases by making sure some of the revenues are used in investing into foreign assets. With the stabilization funds, money is paid out when the price of the commodity reduces and money is saved when the price of the commodity goes high (Davis et al 2003). However, Davis, Ossowski, & Fedelino (2003) have questioned the usefulness of these funds in the absence of the culture of accountable and the transparent government while Humphreys, Sachs & Stiglitz (2007) have argued that, the fund would not work in countries with weak institutional framework and is not needed in countries University of Ghana http://ugspace.ug.edu.gh 16 whose institutions are strong. This suggests that a strong governance systems are necessary for the operation of these funds. 2.3.3 Distributing Funds Directly To Citizens Direct cash transfer to citizens such as the Alaska permanent fund has been suggested as one of the ways in dealing with the resource curse. This takes the form of distribution of revenues directly to the citizens. Direct cash transfer to citizens breeds the following advantages. First and foremost this would help to reduce corruption associated with the management of natural resource revenues and the tendency of political officials in society to capture resource rents. Secondly, it would serve as a redistribution mechanism for reducing inequality and serve as a starting capital for poor entrepreneurs and reduce structural imbalances found in society (Palley, 2003; Sala-i-Martin & Subramanian, 2013). Weinthal & Luong (2006) opined that, the fund would amount to nothing if the institutions regulating the use of the fund are unavailable and must be strong, that is, enhance “oversight, transparency, and accountability”. 2.3.4 Good Governance Some scholars have proposed good governance as an important measure of the ways of overcoming the resource curse (Humphreys, Sachs & Stilgliz, 2007; Iimi, 2007). Good governance according to Iimi (2007, p. 692-693) should consist of “specifically a strong public voice with accountability, high government effectiveness, good regulation, powerful anti-corruption policies-tend to link natural resources with high economic growth. Good regulations and powerful anti-corruption policies are the most important for natural resource management” University of Ghana http://ugspace.ug.edu.gh 17 2.3.5 Strengthening of institutions Some of the measures in addressing the resource curse have focused on the strengthening of institutions related to governance (Karl, 1997; Robinson, Torvik & Verdier, 2006; Li, 2013) “sufficient improvement in institutional quality turns resource abundance into an asset rather than a curse” (Botchini, Peterson & Roine, 2007, p.27–28). Li (2013), calls for strong democratic institutions that emphasize transparency and ensuring inter-generational justice. Karl (1997) in addition to democracy, emphasizes the need to strengthen our civil service by making it professional and reduction of corruption as the way forward to enhance development. Robinson, Torvik & Verdier (2006) on the other hand, propose that institutions that promote accountability and are strong as way to overcome the resource curse. 2.3.6 Privatization Privatization of the extractive sector has been suggested as one of the ways in dealing with the resource curse (Ross, 2001; Palley, 2003). The privatization of the extractive industry would reduce the likelihood of rent seeking activities. However, Ross (2001) argues, that this method would not be appropriate for forest revenues. Palley (2003) notes that, although privatization is being encouraged as a way of dealing with the resource curse, its operations have been characterized with failures and in some cases; the industry has been captured by multi-nationals and can only be effective in countries with strong governance systems. 2.3.7 Good financial management system Good financial management practices are one of the ways in which mineral wealth can be used to enhance development. Botswana’s fiscal and public financial management system University of Ghana http://ugspace.ug.edu.gh 18 has been suggested as one model of best practice to follow in the management of mineral wealth (Sarraf & Jiwanji, 2001). Stevens & Dietsche (2008) adds that, the key to achieving this is through the development of a multi -year development plan. Spending should be based on development plans after it has been approved by parliament. Also, there should be an informal rule that spending should be used for investment. 2.3.8 Transparency Making information on the amount derived from natural resource wealth known to the public has been proposed as an effective mechanism of dealing with the resource. This has taken the form of Publish what you pay and Extractive Industry Transparency Initiative (EITI). Publish What You Pay Publishing what you pay helps to reduce corruption, promote growth and enhances transparency and accountability in the utilization of revenues (Li, 2013, Palley, 2003). However, the flaw is that, it focuses on publicly traded natural resource companies to the neglect of the non-traded or state owned natural resource companies (Palley, 2003). Extractive Industry Transparency Initiative (EITI) EITI has been initiated as one of the mediums to enhance transparency in natural resource wealth. This initiative was introduced in 2002 and unlike the publish what you pay, it covers all companies, central and local governments receipts of revenue generated from natural resource and how it has been utilized. However, this mechanism is a voluntary act and therefore joining EITI is at the discretion of countries. University of Ghana http://ugspace.ug.edu.gh 19 2.3.9 History of mining in Ghana Ghana’s history of mining predates the fifteen century and even before the Europeans arrived in Ghana (Akabzaa & Daramani, 2001). The minerals mined include gold, bauxite, diamonds, manganese, lime and salt but gold, bauxite, diamonds and manganese constitute the principal minerals extracted on large scale in Ghana (Akabzaa, 2009; Addy, 1998). Gold has been mined several years ago but bauxite, diamond, and manganese were discovered in the 19th century (Addy, 1998). The discovery of bauxite and manganese in Ghana was due to British interest in the rich mineral resources of Ghana (Akabzaa & Daramani, 2001). When the Portuguese arrived in the gold coast, mining was basically undertaken in rudimentary forms. Gold was being extracted from beach and streams; it was in the 18th century that the strategy for extraction changed to alluvial mining and auriferous lodes (Allen, 1958). During this era, chiefs exhibited strong influence on the mineral rich resources because of the mandate they had in the control of land. Although the colonialist expressed their interest in mining activities, production was difficult because of poor infrastructure (Allen, 1958). Mineral production between 1480 and 1954 was made up of two major booms in production output called the “Jungle Booms” and three periods of very low output of minerals, as a result of various reasons amongst these was influence of world war two (Akabzaa & Daramani, 2001). In 1901 and 1902, there was a major boom in gold production in the gold coast. According to Allen (1958), during this period there was a discovery that the reef in Tarkwa was the same as that of South Africa. This discovery led to three key events, that is, the establishment of the railway, the ending of the Ashanti war in 1901 and the ending of the Boer War in South Africa leading to a diversion of capital University of Ghana http://ugspace.ug.edu.gh 20 from that country. The Europeans invested significantly in the region as hundreds of buyers applied for land concessions and gold production soared by 400% (Hilson, 2002). The period also witnessed the formation of about 400 companies. However, only few of these companies began serious exploration and production (Allen 1958). After declining gold production to 167,115 Oz in 1928–1929, the period of 1933-34 was characterised by a gold boom as gold production increased by (100%), that is, 336,065 Oz (Hilson, 2002). However, reduced gold production was as a result of scarcity of labour which was caused by booming cocoa industries, the sprouting of bauxite and manganese mines and the desire for most Ghanaians to work on their own mines (Akabzaa & Daramani, 2001). In 1932, the mercury ordinance law was enacted due to British mining interest. This was because of the unwillingness of Ghanaian’s to work for the Europeans around the late 1920s and early 1930s (Hilson, 2002). The ordinance did not only lead to the ban of Small Scale mining but, affected the production of gold and the authorities of chiefs. Production output of large scale mines increased from 1933-1942 as labour supply for large scale mining increased due to free labour from small scale mining as a result of the mercury ordinance (Akabzaa & Daramani, 2001). The period of between 1943 through to the 1980s was marked by decline in the production of minerals. By 1950-51, gold output was two thirds of the production output ten years earlier and out of the 50 gold mining companies in operation only 11 of them were in operation (Hilson, 2002). The general decline from 1943 to 1954 was attributed to the expansion of gold production in other countries and the fight for independence which created an investor unfriendly environment (Akabzaa & Daramani, 2001). However, the decline worsened as Ghana obtained independence in 1957 (Hilson, 2002). After just one year of independence a commission of enquiry was setup to enquire of the following: University of Ghana http://ugspace.ug.edu.gh 21 (a) "The terms under which [mineral and timber rights] are at present held with a view to determining the consistency of... [the] agreements with equity and with the present profitability of these industries; and (b)... the existence of all unexploited concessions and ascertain when the concessionaires propose to begin working therein." (Boateng et al, 1961 as cited by Tsikata, 1997). The recommendations made by the commission informed the mineral policy that was formulated in 1962. In the Minerals Act of 1962, the state became owner of minerals in the ground of minerals as the act (l) put the ownership of minerals in "the President on behalf of the Republic and in trust for the People of Ghana" (Section 1); (2) the Commission's recommendations were applied in terms of strengthening the area and duration limitation as pertained to mineral rights; and (3) it gave power to the President to sell to any state agency minerals produced in Ghana at an agreed price under the auspices of the High Court. The Concessions Act 1962 (Act 124) led to the establishment of a tribunal and gave power to the Minister assigned responsibility by the President to apply to it to determine a concession in respect of which: (1) the holder mineral rights irrationally decides not to change a term which has "become oppressive by reason of a change in economic conditions" (Section 3(1)(c)); (2) the holder "has lost the financial ability to develop" [it] (Section 3(1)(d)) or (3) "the land specified.., has not been developed or used in accordance with the object for which the concession was granted during the eight years preceding the.., application of the Minister" (Section 3(1)(e)). After independence, Ghana under the leadership of Nkrumah developed a centrally planned economy (Addy, 1998). This period was characterised by the nationalization of enterprises including the mineral industry. The state was made the major shareholder (55%) in mines, in which it had little or no shares at all and this led to the registration of University of Ghana http://ugspace.ug.edu.gh 22 Ashanti Gold Fields Corporation, Ghana Consolidated Diamonds, Ghana Bauxite Company and the Ghana Manganese Company under the Companies Code of Act 179. This was geared towards the “protection of employment and the access to foreign currency” (Tsikata, 1997, p.10). However, in the 1980’s the Ghanaian economy was experiencing a serious economic decline that affected all areas of the economy including the mining sector (Tsikata, 1997; Addy, 1998). Addy (1998, p.230) was of the view that this was due to implementing bad policies as decline was envisaged in “gross capital formation, public savings, trade, inflation, gross domestic product and government revenue and expenditure”. Hilson (2004) considered the decline in economy as result of inefficient management of the economy and corruption. Addy (1998), however looks at the causes of the economic decline from two dimensions, that is, internally and externally. Internally, development policies were marked by large budget deficits which were financed by money creation, the devaluation of and revaluation of the currency, deficit financing and overvalued currency. Externally it was caused by rising oil prices and falling prices of gold, cocoa manganese and droughts in the 1970’s and 1980’s and the deportation of millions of Ghanaians from other countries in 1983. The sector was characterised with general decline of output, after independence which became severe in the mid 1970’s. In view of this, after major production booms in the 1960s, gold output fell to 5.97 million Oz and 3 million Oz in the 1970s and 1980s respectively (Akabzaa & Daramani, 2001). In the Structural Adjustment report from the Bretton woods institution the reasons for the decline in the mining sector output were “lack of foreign exchange to maintain and rehabilitate the mines; lack of capital investment for mining skills; infrastructure deterioration, particularly shortages of rail capacity for manganese and bauxite; mining company financial problems due to the greatly over-valued currency and spiralling inflation; a declining grade of gold ore; the exhaustion of high grade manganese University of Ghana http://ugspace.ug.edu.gh 23 ore; the depletion of the more lucrative diamond mines in many areas; high absenteeism and low worker discipline; and pilfering, illegal panning and smuggling of gold and diamonds” (World Bank, 1992, pp 34). Additionally, state-owned mining enterprises were undercapitalised and became progressively outdated. “Lack of investment, maintenance and modernisation left these state-run mines uncompetitive”. Apart from AGC and GNMC, which made profits, the SGMC and BAC made losses, this led to the closure of Bibiani and Konongo mines by SGMC because they also made losses (Akabzaa & Daramani, 2001, p.11). 2.4 Adoption of the Structural Adjustment Programme (SAP) and mining in Ghana In view of the decline, the government of Ghana adopted the SAP from the Bretton woods institution in exchange for help of the dying economy in April 1983 (Tsikata, 1997; Awudi, 2002). The objective of the SAP was to give incentives to the producers, rehabilitate infrastructure, reduce inflation and promote constant economic growth while promoting export and private investments were envisaged as the key drivers to economic growth and employment opportunities (Awudi, 2002). As part of the general economic reforms under the SAP, the mining sector was given particular attention as specific policies were crafted to make the sector more vibrant. The mining sector reforms under the SAP led to a birth of a New Mineral and Mining Laws under the PNDC LAW 153 in 1986 which still vested the minerals in the ground to the state, income taxes and the rate of mining operations was significantly reduced, the royalty rate was revised, shareholders in the mining companies were not allowed to pay tax on their dividends, no charges for imported capital equipment’s for mining activities and importantly companies were allowed to keep a portion of their foreign exchange offshore for transactions that were relevant to the mineral sector (Awudi, 2002; Tsikata, 1997 ). University of Ghana http://ugspace.ug.edu.gh 24 The mining laws and policies during the Economic Recovery Programme were generally aimed at making the sector liberal in order to attract foreign investors for the exploration and the extraction of minerals in the mineral sector (Hilson, 2004; Tawiah, 2011). In order to make the sector attractive, the PNDC government adopted a privatization policy of state owned enterprises through the use of a divestiture implementation committee as private investment was viewed, as one of the key drivers that could boost the economy and enhance job creation (Awudi, 2002). For instance, corporate income tax, which stood at 50 – 55% in 1975, was cut to 45% in 1986 and further reduced to 35% in 1994. The Mineral duty, import duty and Foreign Exchange Tax at 5%, (5 – 35%) and (33 – 75%) respectively were all scrapped off although they contributed significantly to the revenue of government. In order to recover their capital expenditure, initial capital allowance which stood at 20% in the first year of production and 15% for subsequent annual allowances in 1975 was increased to 75% and 50% in first year of operation and for subsequent annual allowances respectively in 1986 (Akabzaa & Daramani, 2001). In addition, mining companies enjoyed exemptions from the payment of customs import duties on plant, machinery equipment and accessories imported for use in mining. The staff of mining companies also enjoyed tax exemptions in the form of the payment of income tax related to furnished accommodation at the mine site. Generally, those consumable items that are produced domestically are intended to attract full import duties if bought from another country (Tsikata, 1997). This policy in particular had the objective of reducing the preliminary capital cost of mining projects and thus enhance investments into the sector while with consumable items, the concern was to secure the market of domestic producers’ influenced this policy. Most significantly, companies were allowed by the Bank of Ghana to keep a minimum of 25% of their foreign exchange earnings off shore for the purpose of “buying equipment, spare parts, and raw materials” and for dividend University of Ghana http://ugspace.ug.edu.gh 25 payment and fee in respect of goods for expatriate personnel, among others. “The Bank of Ghana also guarantees the holder of a mining lease the ability to convert cedis to US dollars for the purposes of sharing of either dividends or net profit resulting from investment made in Ghana with a convertible currency” in addition to the law (Awudi, 2002; Tsikata, 1997; Akabzaa & Daramani, 2001). Mining companies were sold with a government share of between 10%-20%, however the Ghana consolidated diamond company was not sold (Tsikata, 1997). In 1989, the Small Scale Mining law (PNDCL 218), the Mercury Law (PNDCL 217), and the Precious Marketing Mineral Corporation law (PNDCL 219) were passed in order to regularize small scale mining. The legalization of small scale mining in 1989 embodied the following: 1. The registration of persons into small scale mining in the districts in which they are located. 2. Granting gold mining licenses to individuals or groups within a period of three to five years, based on the size of the group. 3. Giving permit to customers to buy extracted gold. 4. Establishment of districts centres to supervise and monitor mining activities in the districts by people who are technically equipped. The mercury law legalised the use of mercury in small scale mining while the precious mineral and marketing company was established to buy and sell gold (Tsikata, 1997). This means that the ordinance of 1933 which banned the use of mercury in small scale mining was repealed in 1989. Policies relating to the environment were not of major concern during the 1980’s and 1990’s, but the conditions for borrowing of major mining companies and the environmental effects of mining activities necessitated that the environment should be University of Ghana http://ugspace.ug.edu.gh 26 given attention (Addy, 1998; Tsikata, 1997). This led to an on-going environmental action plan in 1990 which was shortly followed with setting up of the Environmental Protection Agency in 1994 but before that, the Minerals Development Fund was set up in 1992 as a way of recycling mineral royalties to mining communities and mining sector institutions. Looking at the time in which the mineral fund was set up, environmental effects of mining and the general reform in the industry as a result of SAP could partly explain the establishment of the fund. 2.4.1 Minerals and Mining Act, Act 703, 2006 After several years of the enforcement of the Minerals and Mining Law PNDCL 153 of 1986 concerns began to emerge about its effectiveness and its standing in relation to international standards particularly by the World Bank Group (Akabzaa, 2009). The mineral policy of 1986 was criticised by several stakeholders on its impact on the economy, on the environment and its benefits to the local people especially for mining communities. Koranteng (2005) noted that, the main aim of the mining and mineral policy was skewed towards the protection of the interest of investors, while the protection of the environment and community rights has been fluid as the policies of 1986 enhanced investor interest. For instance there were continuous complains by local communities near mining projects about how mining had negative environmental and social impacts on their lives (Gavin et al, 2009; Garg, Huang & Cicero, 2010). The attraction of FDI was accompanied with new forms of technology. Underground mining which was previously practiced by large scale state owned mines was replaced by surface mining (Tsuma, 2010). This technology required that large tracts of land be acquired for mining activities which meant that, indigenous communities have to give their lands out to mining companies. For instance in University of Ghana http://ugspace.ug.edu.gh 27 tarkwa, 70% of the land has been taken over by mining activities (Akabzaa & Daramani, 2001). Some of the effects of the introduction of these new technologies are: conflicts between mining communities and mining companies in relation to community resettlement, relocation schemes and compensation for damages caused including land and houses, intense clashes between mining companies and small scale miners over land space as they were unhappy with the three to five years of the duration of their mining leases and the pollution of water bodies, the air and land degradation (Akabzaa & Daramani, 2001; Awudi, 2002; Akabzaa, 2009). After several consultations with various stakeholders, the Minerals and Mining Act of 703 of 2006 was formulated to replace the Minerals and Mining Law, 1986 (PNDCL 153). Even after the adoption of the Minerals and Mining Act of 703 of 2006, compensating those whose lands have taken over by mining companies is still a major issue. According to the Garg, Huang & Cicero (2010), those who need to be compensated are compensated in part or not compensated at all. Although the mineral codes require that compensation be given to land acquired for concession in addition to crops on farm lands, compensation is only given for crops and buildings on the land. In addition to this, compensation given for crops on the land tend to very low compared to the required amount of compensation. In a study in the Wassa west district, the Land Valuation Board valued a mature cocoa tree at 12 Ghana Cedis (about US$8.40) and an oil palm for 8 GHC a tree (about US$5.60). However, one of the farmer was of the view that ‘the calculation of compensation usually does not take into account the investment cost as well as the lost returns from tree crops over several years’ (Tabazuing et al, 2012). While Tabazuing et al (2012) was of the view that poor compensation was due to the lack of knowledge of the mining codes related to compensation, Garg, Huang & Cicero (2010) intimated that, this was due to “uneven bargaining power between farmers and the mining companies, lack of information, and the University of Ghana http://ugspace.ug.edu.gh 28 inability to seek remedies through the judicial system”. Poor compensation has not only led to conflicts in mining areas but has also deepened poverty trap, led to mistrust of their local leaders in these areas as most of the residents in the areas feel that their leaders tend to act as adjunct of the mining companies and hence an embodiment of corruption (HRC, 2010; Standing & Hilson, 2013). These issues tend to enforce the claim that knowledge and power relations are a strong factor in determining the extent to which stakeholders interests are met in social relationships. Additionally, the problem associated with non- compliance with compensation requirements under the mining codes exhibit the problem of weak capacity at the local government level in Ghana. Under the Minerals and Mining Act, 2006 (Act 703) “Mineral resources belong to the Ghanaian people in common, and their stewardship is entrusted to the President in accordance with the governing provisions of the Constitution” Under that legislation, “the Minister responsible for mining retains responsibility for the overall management of Ghana’s mineral resources and policy-making, including the grant of mineral rights” (Draft national mining policy, 2010, p.12). Additionally, the fiscal regime defined by the new mining law still kept the provisions for corporate income taxes, dividend withholding taxes, capital gain taxes and royalties as in the previous law, but removed the additional profit tax provided for in the previous legislation. 2.4.2 Distributing mineral revenues at the local level In order to lay the foundation for assessing how mineral revenues are used at the local level, this segment provides a brief description of the MDF and the main local institutions (chieftaincy institution and the local government structure) involved in the distribution of University of Ghana http://ugspace.ug.edu.gh 29 mineral revenues, how they have utilized mineral revenues and the challenges that hinder the effective utilization of the fund. 2.4.3 History of the Mineral Development Fund (MDF) The MDF was set up in 1992 by an executive fiat committee as a result of the negative impact of mining activities on the environment. The committee realized that mining led to the pollution of air as a result of blasting in the mining process and contamination of water and streams resulting in destruction of aquatic life and source of drinking water, land degradation, loss of farm lands and the creation of pits in mining areas among others. The MDF was therefore put in place to mitigate the harmful effects of mining activities in mining areas. The MDF is sponsored from mineral royalties collected from mining companies. Mineral royalty is one of the sources of income to the government from the mineral sector. Its percentage of calculation has evolved overtime. The mineral royalty payments have been pegged at 5%. Under the current system of the administration of mineral royalties, 80% of royalties is transferred to the consolidated fund and the 20% is transferred to The Mineral Development Fund (MDF). 10% of the MDF is used to support government agencies in the mining sector and the other 10% is disbursed to the administrator of the office of stool lands. The administrator of stool lands keeps 10% of the 10% received for administrative purposes and distributes the rest of the money in the following proportion: 55% to District Assemblies, 25% to stools and 20% to Traditional Authorities. The proportion given to the district assemblies is supposed to be used in mitigating the negative effects of mining in University of Ghana http://ugspace.ug.edu.gh 30 their communities (Akabzaa, 2009). In order to mitigate the effects of mining on mining areas, District Assemblies are supposed to: • Identify the harmful effects of mining through the conduction of needs assessment with the residents of the area. • Develop specific strategies in the form action plans. • The implementation of strategies by using the fund to implement the specific plans or activities that have been targeted (GOG, 2013). 2.4.4 The Chieftaincy institution in Ghana The chieftaincy institution is one of the traditional institutions found in Ghana and it is an important agent associated with local political and economic decision-making in Ghana (Higazi, 2004). The chieftaincy institution is not a uniform one. There are broad differences in terms of their matrilineal and patrilineal chiefly lineages, their chiefly functions and the social organizations of stools and their power (Higazi, 2004; Fox et al, 2011). For instance, the Asantehene (Ashanti King) is very powerful and sits on top of a rigid chieftaincy hierarchy while in other parts of the country, chiefs wield lesser power associated with weak hierarchies (Fox et al, 2011). Crook (2005) notes that while control of land in some southern part of the country is controlled by chiefs in the northern region. This is controlled by the land priest (tidaana). Since independence, the role of traditional authorities in the state has been characterised by several transformations as a result of constitutional changes, however, these changes have led to the reduction of the authority of chiefs (Higazi, 2004). According to Garg, Huang & Cicero (2010), the changes in their functions have been motivated by two main factors. The first factor is western colonization and the second factor is the attainment of University of Ghana http://ugspace.ug.edu.gh 31 independence and politicization. Prior to western colonization, the chiefs were responsible for all arms of government including the military which was removed by the colonial government. While the 1957 Constitution kept one-third membership of local governments for chiefs, consecutive changes of the Constitution (such as the 1988 and presently in force 1992 Constitutions) never did. The CPP under the leadership of Dr Kwame Nkrumah in particular sought to reduce the power of chiefs, especially in the Ashanti region. This became successful through several constitutional changes which ended up giving the government control over areas which were formally under the control of traditional authority. (Higazi, 2004). The chieftaincy institution was seen as a major barrier to the advancement of the political agenda of the CPP government. Currently, the chief’s role is centred on the control of land, development and the settlement of disputes within their jurisdiction. Crook (2005) notes that these changes have reduced the formal governmental, judicial and land-revenue management responsibilities they had during the colonial times. Although their power has been reduced, the chieftaincy institution is very important in our societies today due to economic, political and social factors. Crook (2005, p. 2) intimated. This can be seen in their 1. “Control over land. Most land holders in Ghana hold their land through forms of customary tenure.; access to, and use of, land is still controlled or managed in practice (even if not legally) by chiefs, family heads or in the northern regions ‘tindaana'. In the big cities of the south, such as Kumasi and Accra, this has become an especially important source of chiefly power, and it is also highly significant in peri-urban and commercial farming areas (e.g. cocoa land). University of Ghana http://ugspace.ug.edu.gh 32 2. Family wealth. The most prominent chiefs of the larger pre-colonial states amassed a lot of wealth. This led to the creation new traditional elite during the colonial period, creating empires of wealth and influence 3. Cultural leadership. Chiefs and other traditional leaders personify deep cultural values and practices. For example the cult of ancestors, fertility of the land, taboos and festivals among others. 4. Political representation of the community and community identity. This role has led to the frequent participation of chiefs in party politics either as agents who mobilise support, or as influential actors in their own right. 5. Duty to work for the progress of the community. The material progress of a community, and the maintenance of its peace and unity, is seen as the major duties of a chief. This is embodied, where a community is united, in the chief’s role as symbolic leader and patron of development/youth/ hometown associations”. Similarly, Fox et al (2011, p.9) states in the Ghana Democracy and Governance Assessment that “while the constitution clearly limits the powers of the chief to control over land and settling civil disputes within their community, their powers extend far beyond these realms for two main reasons. First, because the Constitution recognizes the institution of the Chieftaincy, it legitimates colonial and pre-colonial forms of governance that placed the chiefs as the ruler of his (and occasionally her) subjects. Second, because state capacity is weak in many parts of the country, by recognizing the importance of the chief, the government, in effect, has created a substitute for governance by the state in these parts of the country.” These arguments strongly depict the resilience of the chieftaincy institution in our modern societies. University of Ghana http://ugspace.ug.edu.gh 33 2.4.5 Chiefs and Mining Chiefs played an important role in mining during its early stages. They acted as custodians of resources and care takers of the rich gold because of the mandate they had to rule and control labour at the time (Tsuma, 2010). According to Anin (1990), chiefs were entitled to one third of the gold won if mining was undertaken on their lands. In addition to that, due to the use of gold in the dressing and the customary traditions of the chieftaincy institution, chiefs exercised control of mining activities especially if it took place within their land (Mackay & Schnellmann, 1987). Chiefs did not only regulate the activities of mining in their land, they were also involved in the production of minerals during the pre- colonial times. With the arrival of the British in Ghana, their interest in the mineral resources in the Gold Coast meant that they had to acquire lands, weaken the chieftaincy institution and take control of labour (Terray, 1974, cited in Tsuma, 2010). The key strategy used was the enactments of the mercury ordinance of 1933 which did not only make small scale mining illegal but also brought some hindrances in the trading activities of gold. However, there have been debates about the implication of the ordinance on the power of the chiefs. Terray (1974), argued that the ordinance curtailed the power of chiefs as the British were able to get access to mineral rich resource land as it was around the same period that the divide and rule approach was introduced. Berry (2001) on the other hand argues that, the ordinance of 1933 did not in particular weaken the chieftaincy institution as those who were co-opted by the British enjoyed tremendous power. After independence, the mining legislation made the President the owner and custodian of all mineral wealth. This meant that, the power which chiefs enjoyed during the pre- colonial period as custodians of land and care takers of the mineral rich resources were scrapped off. The SAPs reforms which led to the influx of multinational companies in University of Ghana http://ugspace.ug.edu.gh 34 mining regions also further reduced the role of the chiefs. This was because the influx of multinational companies was associated with new technologies. Multinationals mining companies moved from underground mining which, was practiced by the State Mining Institutions to surface mining which involved the acquisition of wide tracts of land. Due to this, communities had to be relocated and this was undertaken by multinational mining companies and the Government to the neglect of community members and chiefs (Tsuma, 2010). 2.4.6 Chiefs and the use of the Mineral Development Fund In accordance with the current distribution of mineral royalties, traditional authorities are entitled to 45% of the mineral royalties sent to the local communities of mining areas for development purposes. Complaints have shown that chiefs use mineral royalties for private purposes other than those that benefit the entire community. For instance in 2008 a study on human rights and mining showed that communities that are directly affected by mining activities were not the beneficiaries’ of mineral royalties and where the residents have knowledge about the existence of the facility, they claimed its being utilised by only the chief. This situation has been traced to a number of issues in our traditional set up and the way the fund has been created. In a report by the ICMM (2007, p.77), this has been attributed partly to the genuine uncertainty about the appropriate purpose of the use of the fund. In addition to this, Hilson & Standing (2013) also made the point that this problem has been as result of the inability of the Ghanaian Constitution to state clearly the role of chiefs in political processes at the local level. The precise definition of the word stool has been one of contestation. While the ‘status’ of the stool should mean for the entire welfare of the residents they stand for and not the personal use of the chief, some chiefs are in objection to this assertion (ICMM, 2007). According to Opoku (2006), the personal use of University of Ghana http://ugspace.ug.edu.gh 35 mineral royalties by chiefs has been understood as the maintenance of stools. For instance in the ICMM report (2007, p77-8) ‘the wording – “Stool Land revenues are to be used to maintain the stool in keeping with its status has been interpreted as meaning that it is legitimate to pay for regalia and the trappings of royalty – limousines, jewellery and ceremony. This interpretation is in contrast to the expectations of the subjects of the stools, who presume that these funds are to be applied primarily to development projects” Additionally, traditional rulers, particularly chiefs who are entitled to a share of mineral royalties claim that they are not given a fair share and have been the reason why they have not been able to commit their share or royalty payment to development projects (Akabzaa, 2009). These notwithstanding, there has been some challenges associated with the use of the fund. It was found that there are no accountability mechanisms for the use of the MDF for traditional councils and stools. According to the ICMM report 2007 they are not required to publicly give financial statements, nor do they have oversight bodies like the “Internal Audit Department, the Ministry of Local Government or even the Office of the Auditor General”. The flow of funds to traditional authorities seems not to be consistent between the traditional councils and between the stools. For instance, although the traditional councils’ had 19 per cent of the total share in 2000, in 2004 this changed to 36 % of the total share (ICMM, 2007). There have also been reports by residents that some chiefs connive with companies to even act against the interest of the people they are supposed to stand in for (Garg, Huang & Cicero, 2010; Standing & Hilson, 2013) 2.5 District Assemblies Apart from the traditional authority at local level, District Assemblies (DA’S) have been created at the local level as formal institutions responsible for development. As part of our University of Ghana http://ugspace.ug.edu.gh 36 decentralization process, DA’S were created in 1988 by the Provisional National Defence Council (PNDC) government. The main aim of the decentralization policy in Ghana was to enhance the development prospects of the nation and to provide a more participatory framework for decision making, hence development. 2.5.1 The Local Government Structure The local government structure of Ghana is made of the Metropolitan Assembly, Municipal Assembly and District Assemblies (MMDAS). They oversee town councils, zonal council and unit committees. The MMDAS are headed by the regional coordinating council. Figure 2.1: The Local Government Structure Source: Ahwoi, K. (2010) Regional Co-coordinating Councils Metropolitan Assemblies Sub-Metropolitan District Councils Zonal Councils Town councils Unit Committees Municipal Assemblies District Assemblies Urban/Town/Area Councils University of Ghana http://ugspace.ug.edu.gh 37 2.5.2 Finances of local government Financial resources are very important in the management and effective implementation of programs in any organization. In view of this, the government of Ghana has provided the legal framework through which finances at the District level would be managed. The source of funding for MMDAS is both from central government transfers and internally generated funds from the MMDAS themselves. However, their major funding comes from central government transfers through the District Assemblies Common Fund (DACF), administered by the Ministry of Local Government and Rural Development in Accra. The finances from DACF are disbursed to the MMDAs through a pre-determined formula that takes into consideration factors as “service pressure and relative deprivation, and the ability to generate local revenue” (Higazi, 2004, p.14). 2.5.3 MMDAS and the Use of the MDF There have been debates concerning the use of mineral royalties and funds at the district level. While district assemblies’ claim that royalties are used to finance administrative and development purposes, residents in mining communities claim that government officials ‘are corrupt and tend to use the royalties for their personal gain’ (Taabazuing et al, 2012:44; Standing & Hilson, 2013). Meaning local authorities are seen by residents as being corrupt generally. Corruption of Districts Assemblies and government institutions is a general perception among Ghanaians. However, there is some evidence to back this perception. According to Standing & Hilson (2013) the challenge of administrative corruption in district assemblies has been recorded for some time from 2001- 2004 through the Ghana Anti-Corruption Coalition. The audits of District Assemblies brought to bear many financial discrepancies such as: “misappropriation of revenue; a lack of proper audits of accounts of revenue collectors; an absence of receipts, invoices and University of Ghana http://ugspace.ug.edu.gh 38 expenditure documents; contract irregularities, inadequate tendering processes; payments being made for no work, and unearned salaries; and a failure to ensure the timely deletion of names of former staff from the payroll which led to payments of unearned salaries” (Boachie-Danquah, 2011 as cited by Standing & Hilson, 2013,p.9). Additionally, the EITI reports of (2010) claim that only two Districts had a mechanism for accounting for the MDF while that of 2013 revealed that a significant portion of the funds are used for waste management especially for OMA. 30% and 40% of the funds were used for waste management in 2010 and 2011 respectively. In an audit of the Obuasi Municipal Assembly (OMA), Tarkwa Nsuaem Municipal Assembly (TNMA) and Prestea Huni Valley District Assembly (PHDA) for the period of 2004-2009, it was found that out of 6.74 million Ghana cedis received only 0.96 million (14.24%) of the expenditure focused on health, water, sanitation, waste management, land degradation and alternative sources of livelihoods were areas directly related to mining effects (GOG, 2013). In areas where development projects have been undertaken, residents claim that these projects have been undertaken in the urban areas to the neglect of the periphery where mining activities took place. Residents’ claim that projects that are undertaken are not publicised (Taabazuing et al, 2012). This is similar to findings by Hansen & Treue (2009) (as cited in Marfo et al, 2012) that projects undertaken by District Assemblies with forest revenues did not give communities where the revenues came from priority. This presupposes that there is little or no involvement of the residents in the decisions relating to the use of the mineral royalties at the District level, hence, their general perception of the misuse of funds by their leaders. According to Standing & Hilson (2013) the poor management of this fund has led to poor economic and social development in mining areas as well as factions and mistrust between communities and their leaders (traditional authorities and local government). In addition to University of Ghana http://ugspace.ug.edu.gh 39 this, residents in mining communities tend to place more demand on mining companies. On the contrary, mining companies also expect that the royalties paid to the government would be used for the development of the community. For instance, a representative from one mining company argued that ‘we are doing our best to help the communities and we pay royalties to the Ghana government and we hope this is used to develop these communities’ (Taabazuing et al, 2012, p.44). There are some challenges associated with the use of the fund at the local government level. There seems to be year to year fluctuations in the amount received from the fund and delays in the disbursement process to Districts which tend to affect the ability of district assemblies to be able to plan effectively. The ICMM (2007) report outlined the key challenges associated with the fund. First and foremost the unpredictable nature of the fund tend to make it difficult for districts to plan for a long term. Secondly, in some areas such as Bibiani and Akim North the MDF distributed to the districts are very small and this tend to affect the ability of the assemblies to use the MDF for any meaningful purpose as envisaged. Thirdly, there tend to be a disjoint about the capacity (human and financial) and the needs of the community. 2.5.4 Challenges Associated With the use of the MDF in Ghana Establishment of mineral funds has been used by some mineral rich developing countries as one of the ways of dealing with the resource curse in their countries (Weinthal & Luong, 2006). Mineral Development Funds have been used by countries as a way of compensation, risk reduction and as form of payment of the owner of the minerals (Otto & Cordes, 2002). However, the operationalization of these funds is associated with some challenges that has led to its misapplication. University of Ghana http://ugspace.ug.edu.gh 40 No legal backing One of the main challenges in the utilization of the MDF is that there is no legal framework in place that guides how the MDF should be administered. It is therefore vague on what the objectives of the fund are and how decisions on funding are to be made. Due to its non-legal backing, revenues accrued to the fund have been sometimes lesser than the 10% that is distributed to the mining communities and it is very difficult to enforce payments of the MDF (Hilson & Standing, 2013, Morghandi, 2008). According to a study done by the International Council on Mining and Metals (2007), in 2001 there was no disbursement of the fund because the fund had no legal backing. It was after further consideration that disbursement was made to the fund. Poor accountability Another challenge has to do with poor accountability mechanisms. No procedures of accountability have been put in place to make sure that the funds are utilised properly especially for local traditional leaders. There is no mechanism to make sure traditional authorities report their expenditure to an oversight body (Morghandi, 2008). In some instances, there have been collusion between the chiefs and companies which tend to negatively affect community interest (Standing, 2014). According to the EITI Reports in 2007, there is poor record keeping of payment made by the office of the administrator of stool lands to District Assemblies, traditional rulers and stools and there is no separate account for the management of the funds and no significant attention given to the developments of projects. This may be partly due to the poor financial management practices found in the public sector institutions in Ghana. Marfo et al (2012) attribute the problem of poor accountability in the use of the fund to our constitutional provisions. In a study of the benefit sharing of forest revenue he notes that, although there is a University of Ghana http://ugspace.ug.edu.gh 41 constitutional provision for the sharing of benefits among the District Assemblies and the chiefs, there is no provision made by the constitution as to the distribution and accountability of the revenues among stakeholders. This therefore leaves the decisions of the utilization of the forest revenues in the hands of the elites. The Auditor General’s report also noted that the administrative fiat that created the MDF did not establish an oversight body that would make sure that funds are utilized properly (GOG, 2013). Although GHEITI is working to ensure that there is transparency in the receipts and utilization of mineral revenues, its activities are only limited to the MMDAs while chiefs still exercise discretion in the use of the funds. Hilson & Standing (2013, p.13) noted that, EITI has limited its activities to ‘administrative dishonesty’ and overlooked the conflicts of interest that arise between chiefs and mining companies. They have argued that making information available is not the key to issue to address. Rather ‘the problem is one of agency and the inability of people to have influence through exit, voice or voting mechanisms’. Delays, erratic release of funds and year to year fluctuations Moreover, delays and inconsistency in the release of funds are other challenges in the implementation of the MDF. It appears that the disbursement of funds tend to be more consistent for Districts as compared to that of the stools and traditional councils. However the year to year fluctuation in the allocation of the funds is very large. The delays and the fluctuation in the funds received tend to have a negative effect on planning, expenditure and budgeting programs of District Assemblies (Morghandi, 2008). University of Ghana http://ugspace.ug.edu.gh 42 Elite capture In addition to the above, mineral revenues are used by chiefs for their private use other than for the development of their communities. This has been attributed to the improper definition of the constitution about the meaning of the “stool” (Opoku, 2006; ICMM, 2007, pp77). Due to the improper definition, the stool revenues have been understood by chiefs as means of keeping up with themselves while the subjects also have a different perception about the use of these revenue, that is, for development purposes in their communities (Standing & Hilson, 2013). For instance, in a study by Hansen & Treue, (2009) on forest revenue utilization, chiefs used their share for recurrent expenditure, land litigation and festivals and where projects were mentioned it focused mainly on the construction and rehabilitation of the chief s palace (as cited in Marfo et al, 2012). A study in Tarkwa, revealed that compensation, community development funds, corporate social responsibility tend to serve the interests of a minority group who act with an aim of controlling and gaining access of these resources at the expense of local communities (Tsuma, 2010). He adds that, this is because the framework to enhance the equitable sharing of benefits has rather fostered minority interest and have not dealt with the power dynamics found in mining areas. 2.6 Theoretical Review This section examines some of the theories that try to explain why benefits from resource extraction are distributed unequally in the environment. Some of the theories that would be discussed in this section are the resource scarcity argument and the theory of political ecology. University of Ghana http://ugspace.ug.edu.gh 43 2.6.1 Resource Scarcity Argument According to Homer-Dixon (1994), the reason for the unequal distribution of benefits is environmental scarcity which is as a result of environmental change, population increases and the unequal distribution of benefits. He defines environmental change as the depletion in the quantity or quality of resources (renewable and non- renewable). Population growth reduces the resources per capita by dividing the resources among a lot of people. Unequal distribution of benefits concentrates resources in the hands of few people at the expense of the majority. It further states depletion of resources can combine with population growth to cause unequal access to resources. This he termed resource capture. 2.6.2 Theory of Political Ecology The theory of political ecology looks at how the relationships of power among political actors in a society impact on the distribution of common resources in the environment. Scholars argue that unequal levels of power among actors in society affect access, use and distribution of commonly owned resources in the natural environment (such as land, water, and minerals). However, common assumptions across the field give it relevance. Bryant & Bailey (1997, p.28) have developed three fundamental assumptions in practicing political ecology: “First, costs and benefits associated with environmental change are distributed unequally. Changes in the environment do not affect society in a homogenous way: political, social, and economic differences account for uneven distribution of costs and benefits. Political power plays an important role in such inequalities. Second, this unequal environmental distribution inevitably reinforces or reduces existing social and economic inequalities. In this assumption, political ecology runs into political University of Ghana http://ugspace.ug.edu.gh 44 economies as any change in environmental conditions must affect the political and economic status quo. Third, the unequal distribution of costs and benefits and the reinforcing or reducing of pre- existing inequalities holds political implications in terms of the altered power relationships that are produced” Political ecology proposes that mining activities creates a lot of actors with different interests sometimes conflicting and competing in the environment. The unequal distribution of benefits/ costs among actors is based on their relevant power. The distribution of benefits or exchange of costs within a given local context is as a result of unequal power relations between individual actors and not a product of the structures (norms, rules, laws) of resource exchange (Bryant, 1998; Walker, 1991). The unequal distribution of benefits is due to one’s social position, material wealth, family size, economic wealth, level of education among others According to Walker (1991), the interest of the actors involved, depends on the context in which they find themselves in. secondly, the cultural context (daily routines) would also determine an actor’s interest. The ability of an actor to break through the barriers posed by either competing interests or structures depends on the power they hold in relation to other actors within that context Definition Actors in my work would be defined to mean residents in mining affected communities, chiefs and the Obuasi Municipal Assembly 2.6.3 Neopatrimonialism The term neopatrimonialism have been used by scholars to mean different things at a particular point in time. The concept of neopatrimonialism was used by Eisenstadt (1966) University of Ghana http://ugspace.ug.edu.gh 45 to show the distinction between patrimonialism in the traditional and modern context. It was used by Roth (1968) as a synonym for personal rule. While in the 1970s “patrimonialism” was employed in terms of social capital as a way of explaining political cohesion in African societies (Theobald 1982: 55 5), today “neopatrimonialism” is regarded as dangerous to both the peaceful political development of African societies and the general society (Erdmann & Engel, 2007). “The terms patrimonialism and neopatrimonialism are commonly understood (with reference to Weber) to denote systems in which political relationships are mediated through, and maintained by, personal connections between leaders and subjects, or patrons and clients” (Pitcher, Moran & Johnston 2009, p.129). Many social scientists use the term to give a distinction between Weber’s legal rational authority which was imposed by colonialism to the personalistic authority characterized by corruption, patronage and clientelism as it existed in the past. The term patrimonialism has been used in different ways “(1) A set of social relations at either the community or nation-state level, mediated by personal loyalty and governed by bonds of dependence and subordination; (2) The rent-seeking behavior and personalist patterns of authority practiced by African leaders in selected country settings; (3) an economic logic distinguished by the continual blurring of public service and private gain, with serious implications for economic development; (4) A characteristic regime type associated with most African countries not only during the period of one-party rule, but also in the present period of democratization” ( Pitcher, Moran, M. & Johnston, 2009, p. 131). Neopatrimonialism is one of the characteristics of African regimes. In such regimes instead of the chief executive to maintain power through law or ideology this is done University of Ghana http://ugspace.ug.edu.gh 46 through patronage (Bratton & Van De Walle, 1994). The right to rule is based on the person rather than the office (Weber, 1968 as cited in Bratton & Van De Walle, 1994). In such societies, legal rational rules coexist side by side with personalistic forms of authority. Clapham (1985) definition of neopatrimonialism attests to this fact. He notes that neopatrimonialism is “a form of organization in which relationships of a broadly patrimonial type pervade a political and administrative system which is formally constructed on rational-legal lines. Officials hold positions in bureaucratic organizations with powers which are formally defined, but exercise those powers as a form of private property”. In a similar vein, Van De Walle, (1994: 131) neopatrimonialism “patrimonial logic coexists with the development of bureaucratic administration and at least the pretense of legal-rational forms of state legitimacy” Lemarchand & Keith Legg (1972) also conceptualize the term neopatrimonialism as clientelism which could take the form of feudal, patrimonial and industrial clientage. They view political clientelism as a personalized system which is made up of actors having unequal resources and mutually beneficial transactions that have political implications beyond their present relationship. These definitions suggest that personalism is a key feature of neopatrimonialism. Le Vine (1980:p. 666) notes that what is new about “neo- patrimonial” regimes is the extent to which personalism plays an important role, which he attributes to imported “political structures, ideologies, and behaviors, as anything else”. “The essence of neopatrimonialism is the award by public officials of personal favors, both within the state (notably public sector jobs) and in society (for instance, licenses, contracts and projects)” (Bratton & Van De Walle, 1994, p.458). The clients also in exchange for material wealth mobilize support for their patrons (Jeffries, 1989). Although neopatrimonialism is practiced in all states it is the bed rock of the African politics University of Ghana http://ugspace.ug.edu.gh 47 (Bratton & Van De Walle, 1994). There are four types of political regime. These are personal dictatorship, military oligarchy, and plebiscitary and competitive one-party systems. This categorization is based on the support for the strong man and the extent of competition from political opponents (Bratton & Van De Walle, 1994). Neo patrimonial societies have been characterized by low saving due to the distributive pressures inherent in the system it does not encourage savings and investments, it rather promotes consumption (Lewis 1996). Bach (2011) notes that, there are two type of neopatrimonialism in Africa, that is, regulated neopatrimonialism and non-regulated neopatrimonialism. Regulated forms of neopatrimonialism have been usually associated with the introduction of a policy of ethno regional balance. Resources and prebends by the ruler are sometimes formalized and can take place on an inclusive base. Method for distribution focuses on redistribution and cooptation rather than on coercion. The unregulated, is a system where the personal rule and control of resources is characterized by an outburst of conflicts and consequent ‘failure of institutionalization . . . and thus of the state’ (Me´dard, 1991: 339). From the above concepts, I define neopatrimonialism as a system of leadership in which resources are distributed based on personal ties such as membership to a group as opposed to the legal rules. Here, this kind of politics favors minority interest at the expense of the majority of the people. University of Ghana http://ugspace.ug.edu.gh 48 2.6.4 Conceptual Framework Figure 2.2: Conceptual Framework Source: from field work The establishment of the MDF in 1992 was influenced by certain factors that are worth noting. These are economic and environmental factors. Here the economic factors comprises of the expansion of mining activities, the increase in receipt of government revenue and the need to sustain the sector. The environmental factors that led to the establishment of the fund are the need to compensate those who bear the negative effects of mining, to compensate landowners and a shift from underground to surface mining. Mineral development fund (MDF) Uses Educational infrastructure Scholarship scheme Waste management Health General infrastructure Sanitation Effective Utilization Mitigate the negative effects of mining and enhance development in mining affected communities. Factors That Led To the Establishment of the MDF Economic Environmental Challenges No legal backing Absence of guidelines Delays Fluctuation Sharing of money according to ranks Weak Enforcement Mechanisms Insufficient money Poor accountability University of Ghana http://ugspace.ug.edu.gh 49 However in the utilization of the MDF, there are certain challenges that hinder its effective utilization. These are no legal backing, absence of guidelines, delays in the receipt of fund, fluctuation, Chieftaincy dispute, sharing of money according to ranks among the chiefs, poor monitoring of projects, insufficient money, unawareness by the residents about the existence of the facility and poor accountability in the utilization of the fund. The absence of these challenges would lead to the effective utilization of the fund at the local level which would mitigate the negative effects of mining on residents and as well enhance development. University of Ghana http://ugspace.ug.edu.gh 50 CHAPTER THREE METHODOLOGY 3.0 Introduction This chapter presents the methodology which details the research design, target population, sample size and sampling techniques, research instruments, data collection procedure and analysis of data used in determining the factors that led to the establishment of the MDF, its uses and the implementation challenges of the mineral development fund in the Obuasi Municipal Assembly. 3.1 Research design According to Yin (1994) three conditions need to be considered in the choice of a research design. The nature of research questions posed, the degree of control over actual behavioural events and the extent to which one concentrates on current compared to historical events. The study adopted a case study qualitative approach in investigating the factors that led to the establishment of the fund, uses and challenges encountered in the use of funds in Obuasi Municipal Assembly. Qualitative research is a form of research that is concerned about developing explanations for social phenomenon and was used for the study because it helps one to understand opinions, beliefs and attitude of people in explaining social phenomenon (Trochim, 2006). The “how”, “what” and “why” nature of the questions also meant that qualitative research would be best for this study. According to Bogdan & Biklen (1997) Qualitative approach has some key characteristics that are worth noting. First, it has a focus on natural settings; secondly, data collected is descriptive; thirdly, there is an emphasis on process; fourthly, a concern with inductive analysis of data and fifthly concerned with the meanings respondents attach to a University of Ghana http://ugspace.ug.edu.gh 51 phenomenon. Although there are many strategies of enquiry in qualitative approach, this study employed a case study method of enquiry. This is because a case study method of enquiry enables the researcher to explore in depth “a program, an event, an activity, a process, or one or more individuals” (Creswell, 2003, p.15). A case study qualitative approach enabled the researcher to have a detailed understanding on the factors that led to the establishment of the MDF, how it has been utilised in OMA and chief and the challenges faced at the local level in the use of the fund for development and the extent to which they are held accountable in the use of the fund. 3.2 Study Area The area that was used for the study was the Obuasi Municipal Assembly. The Obuasi Municipal Assembly is located in the Southern part of Ashanti Region and covers an area of about 162.4 square kilometres. The assembly shares borders with Adansi North District to the North, Adansi South to the East and South, Amansie Central District to the West (OMA, 2013). Obuasi, the capital of the Obuasi Municipal Assembly is located sixty-four (64) kilometres to the southwest of Kumasi. The Municipality has 63 Communities, 48 of which have populations above 5,000 thus making them urban settlements The population of the Municipality has been put at 168, 641 by the 2010 Population Census. It is projected to be 195,624 in 2014. It has a sex distribution of 52% female and 48% male. The annual growth rate in the Municipality is 4.0% which is relatively high as the result of large rush of people who come in search of jobs in the mining and related industries. It has been predicted that the current figure may rise due to increases in migration and attraction by the flourishing small scale mining (especially ‘galamsey’) and the mining services industry. University of Ghana http://ugspace.ug.edu.gh 52 According to the 2010 Population and Housing Census, the population distribution of the Municipality is such that about 48% of the population are in the dependent age groups, that is, between 0-14 years and 60 years and above while the remaining 52% constitutes the potential labour force in the Municipality. The age-dependency ratio of about 1:1, which means that a person in the working age group takes care of himself/herself and an additional person. The relative large proportion of the children population of 43% is an indication to service providers such as the Municipal Assembly, NGOs, and CBOs to focus their development agenda to the provision of basic social infrastructure especially those the affect the development of children (OMA, 2013) . The composite budget of the OMA (2013) reveals that Obuasi is the home of one of the richest gold mines in the World. Mining and its related activities employ about 35% of the working population. Agriculture activities which are on small scale basis also employs about 25% of the working population, 25% of the population also engages in trading activities. Social services like water, electricity, hospital, roads and schools are generally available in the Municipal. The Obuasi Municipal was chosen because it produces bulk of the gold produced in Ghana and also receives significant amount of the Mineral Development Fund that is disbursed by the OASL to mining Districts in Ghana. 3.3 Target population The Study population refers to aggregate of elements from which the sample is actually selected (Trochim, 2006). The population for the study was chosen at both the national level and at the local level. At the national level, Minerals Commission (MC), office of the administrator of stool lands (OASL), ISODEC and Institute of Local Government Studies (ILGS) were the population for the study while at the local level, the population for the study was the Obuasi Municipal Assembly. At the national level, Office of the University of Ghana http://ugspace.ug.edu.gh 53 Administrator of Stool Lands (OASL), the Minerals Commission (MC) and ISODEC and Institute of Local Government Studies (ILGS) were chosen because they play key roles in the mineral industry in Ghana. The Obuasi Municipal Assembly (OMA) was chosen for the study because the Municipality contains a substantial number of large mines and is one of the Municipality that enjoys a significant amount of mineral royalties disbursed to District Assemblies apart from other central government transfers. Therefore, this study targeted the core members involved in the planning, disbursement of funds, development and the beneficiaries of the mineral royalties at the local level. These were the Planning Officers, Finance Officers, Budget Officers, Project Officers, Assembly Members, Chiefs and residents of the Obuasi Municipal Assembly. 3.4 Sample Size Sampling is a procedure of choosing a subset of a population that characterizes the entire population so that one can acquire information in relation to the subject under study (Polite & Hunglier, 1995). A total of thirty (30) respondents were sampled for the study consisting of both male and females. Four (4) of the respondents were interviewed at the national level which was made up of an officer each from OASL, MC, ISODEC and ILGS. At the subnational level eleven (11) respondents were interviewed. This was made up of the Planning Officer, Budget Officer, two Finance Officers and four Assembly Members of mining affected communities. Three (3) focus group discussions (FGD’s) made up of five community members each were also held in three mining affected communities to solicit the views of residents. University of Ghana http://ugspace.ug.edu.gh 54 3.4.1 Sampling Technique Nonprobability sampling was used for the study. This is a form of sampling that does not involve random selection. Non-probability sampling methods can be divided into quota sampling, heterogeneous sampling, snow balling sampling and purposive sampling. According to Miles & Huberman (1994) when conducting research it is not possible to study all dimensions of the work usually when conducting qualitative research, one generally selects a small group, in order to study the phenomenon deeply. The selection of respondents should be purposive rather than being random. The study employed purposive sampling methods. Purposive sampling is a sampling technique in which the researcher selects the sample with a purpose in mind, that is, the sample is selected based on certain characteristics that are relevant to the study (Trochim, 2006). This shows that with purposive sampling the researcher selects based on certain characteristic that are relevant to the study. The sample was selected based on certain particular characteristics. At the national level, respondents were key officials that were involved in the mining industry and had knowledge about the existence of the MDF. In the case of respondents in the Municipal Assembly, the respondents should be engaged in the planning, disbursement of funds and the development of the district. Community members and the chiefs were selected from the mining affected areas in the Obuasi Municipal Assembly (OMA). This was to ensure that the responses from the interview were relevant to the study and to make sure that the right kinds of respondents were spoken to. 3.5 Sources of data Data for the study were collected using both primary and secondary sources. Malhotra (2007) opined that primary data are data originated by a researcher for the specific purpose University of Ghana http://ugspace.ug.edu.gh 55 of addressing a research problem. Primary data was collected through the use of interviews and Focus Group Discussions (FGD’s). Secondary data on the other hand was collected through articles, reports, documents and financial statements of OMA. 3.6 Data Collection Instrument There are so many forms of qualitative approaches that are used for collecting data under qualitative designs. The approaches may take the form observations, interviews, documentations and content analysis. Observations can take the form of direct observation and participant observation. Interviews on the other hand could take the form face to face interview, telephone and focus group discussion and it involves talking to people in a formal or conversational way. Documentation can take the form of external and internal analysis of documents such as memos, reports, newspaper articles, financial statement are used for collecting the data (Bhatacherjee, 2012). However, the main data collection instruments that were used for the study were interviews (face to face interviews and focus group discussions). Cooper (2005) defines a personal interview as a dialogue between the researcher and the respondent. Wood (2006) also opines that, if interviews are going to tap into the depths of reality of the situation and discover subjects meanings and understandings, it is vital for the researcher to first and foremost to identify with interviewees and win their confidence and secondly, to be modest in order not to influence the interviewee. An interview guide was used in order to capture relevant issues related to the study. The interview guide was a semi-structured one (that is both open ended and closed ended questions were used). The structure of the interview guide enabled the researcher to have a detailed understanding about the factors that led to the establishment of the fund, the uses of the fund and the implementation challenges at the local level in the disbursement and utilization of the funds and the extent University of Ghana http://ugspace.ug.edu.gh 56 to which the DA’s and the chiefs are held accountable in the use of the fund. Gall, Borg & Gall (1996) note that open ended form of questions allows respondents to add information to the survey, whereas the closed ended questions make quantification and analysis of the results more manageable. Four (4) types of interview guides were used for the study, that is, one for the officers at the national level, one for the chiefs, one for the residents in three Mining Affected communities and one for the staff of the Obuasi Municipal Assembly. 3.6.1 Face to face interviews Face to face interviews were held at the national and sub-national levels between the periods of 12th march to 31st march 2015. The interviews at the national level lasted between 25-32 minutes. In the OMA, interviews lasted between 9-20 minutes for Municipal Officers, between 5-18 minutes for Assembly Members and 5-15 minutes for Chiefs. Interviews at the national level were conducted in English. On the other hand, interviews held at the local level were conducted in both English and Akan language. This was because most of the residents were more fluent in the Akan language. 3.6.2 Focus Group Discussions Focus group discussions (FGDs) were also used because it tends to enhance significant communication on given topics within a limited amount of time (Kidd & Parshall, 2000), enables you to know how society thinks and has the potential of showing how social processes are formed through debate and argument (Lunt & Livingstone ,1996). FGDs were used to collect data from the residents in the Municipal in order to know whether residents have knowledge about the utilization of mineral royalties in the Municipality. Three FGDs were held in three mining affected communities in the Obuasi Municipal A. These were Sanso, Ahansoyewodea and Binsere which lasted at an average 22 minutes for University of Ghana http://ugspace.ug.edu.gh 57 the three communities. The Assembly Members of the communities mobilised the people for the FGD’s. FGD’s were conducted in the Akan language as most of the residents in the mining affected communities could not express themselves well in English. The focus group discussions were organized with the help of the Assembly Members in the three mining affected communities after interviews had been conducted with them in their communities. 3.7 Ethical considerations Ethical considerations are very essential in data collection. Therefore, prior to data collection from the selected setting, ethical consent was sought from the institutions and individuals involved. Participants of the study were also ensured of confidentiality of the information provided and were allowed to take part in the study voluntarily after explanation of the study were made known to them. Data was also kept confidentially according to the provisions made by the school authorities. 3.8 Data analysis Data were collected through the use of a recorder to enhance clarity when transcribing data. In order to enhance the safety of the data collected, data from the recorder were also stored on a memory stick. Data were analysed using descriptive statistics for the amount of money received from the fund. This was displayed using graphs, tables and charts. The rest of the data was transcribed, summarized, organized, coded and divided into themes for understanding. Interviews conducted in Akan language were translated during the transcription. University of Ghana http://ugspace.ug.edu.gh 58 3.9 Challenges of the study Although the study wanted to look at how mineral royalties have been utilized by the OMA from the inception of the fund till date, reports on the utilization of mineral royalties covered from 2006 to 2012. At the time of the study, the main chiefs of Obuasi were not around. So the odikro’s, that is, the appointed chiefs of the various communities were the ones interviewed for the study. Due to financial and time constraints, the study was limited to only three mining affected communities. University of Ghana http://ugspace.ug.edu.gh 59 CHAPTER FOUR DATA ANALYSIS AND DISCUSSIONS 4.0 Introduction This section presents the data analysis and discussions on the factors that led to the establishment of the MDF, how much has been received as mineral royalties by the OMA from 2000-2012, utilization of mineral royalties by OMA from the year 2006-2012, utilization of mineral royalties by chiefs and perception of the residents on how mineral royalties received by chiefs are to be utilized. 4.1 Factors that led to the establishment of the MDF This section focuses on objective one of the study, which seeks to explore the factors that led to the establishment of the MDF in Ghana. Data collected on this objective have been analysed below. 4.2 Economic Factors One factor that played a role in the establishment of the MDF is economic in nature. This manifested in the expansion of mining activities, the need to sustain the mineral sector and the fact that government was getting a lot of revenue from mining due to the expansion of mining activities. These key themes are explained below. 4.2.1 Expansion of Mining Activities Expansion of mining activities played a major role in the establishment of the MDF. The intensity of mining activities in the early 1990’s made the negative effects of mining more pronounced thereby making the protestation and agitations from mining communities University of Ghana http://ugspace.ug.edu.gh 60 more evident. Prior to the early 1990’s, the sector experienced a massive drop in the quantity of mineral produced. However, the SAP made the sector more liberal there by attracting a lot of foreign direct investment. This was also accompanied with the negative effects of mining, hence, the establishment of the MDF. A respondent from OASL opined that The expansion of mining activities influenced the establishment of the MDF, because then government was realizing a lot of revenue from mining, so it’s possible. In terms of the effect of mining those days (prior to the early 90’s) the negative effect of mining was not felt on a large scale as compared to the early 90’s because the mining companies were few (interview, 17th march, 2015) This partly explains why the MDF was established around the early 1990’s. Another respondent from ISODEC in explaining the factors that led to the establishment of the MDF revealed that The era of the 1980’s was characterised with the implementation of the SAP as a result of some 15 billion FDI from the IMF/ WB. If you attracting so much investment, the least you would want to do is to ensure that the people have a right or conducive environment to operate in, given the ascendency of protest within the mining communities (16th March , 2015) A respondent from LG also made the same assertion that the MDF was established in 1992 because that period was marked with high levels of mining extraction activities due to the incentives introduced to make the sector liberal. The intensity of mining activities made the negative impacts of mining activities more obvious hence the need for a mechanism to address these problems. He said that The early 1990’s was one of the major periods where there was a boom in mining activities particularly gold. It was primarily because of the high point of the SAP in Ghana. When the programme began, the major area or University of Ghana http://ugspace.ug.edu.gh 61 focus was the mining sector. Among other primary sector like cocoa and timber there was the conscious effort to liberalize and promote private sector in the mining sector. To do that government deliberately provided a lot of incentives for private capital and protection for companies especially those that were coming outside the shores of Ghana. The main motivation was to get the foreigners to invest in the mining sector. The incentives and the instrument of protection attracted a lot of transnational capital to mining. The expansion of mining activities within the sector led to a lot of negative impacts here and there. I suspect that there was a need to respond to these challenge that could have been the reason why the MDF was established (interview, 19th March, 2015) 4.2.2 Inflow of Mineral Revenues The expansion of mining activities also made it possible for the government at the time to earn substantial revenue from mining activities. Before the introduction of SAP, Ghana’s economy was performing very poorly and this affected the mineral output as well. The mineral sector in particular was undercapitalized outdated and lacked investment (Akabzaa & Daramani, 2001). So the government gave the mining sector attention as they signed on to the SAP. Due to the considerable FDI attracted during the period, the government was able to earn significant revenues from the mining sector. This put the government in a position to recycle part of the revenues from mining to mining communities and the mining sector institution through the MDF. A respondent from OASL disclosed that The main reason that I think motivated the establishment of the MDF is the fact that government was receiving something substantial from mining (interview, 17th march, 2015) This emphasizes the point that the ascendency in mining activities also put the government in position to recycle some of the mining revenues to those negatively impacted by mining University of Ghana http://ugspace.ug.edu.gh 62 activities. As they were earning so much from FDI due to the incentives provided to investors under the SAP programme. 4.2.3 The Need to Sustain the Sector Another factor that contributed to the establishment of The MDF was the recognition to help make the mining sector sustainable. As mining activities became intense in the early 1990’s, the mining sector thought it would be necessary to put in place certain measures to make sure that the sector continually grows and create an industry that would be able to take care of not only the current needs of the industry but its future needs as well. A respondent from the LG in relation to the sustainability of the sector opined that ‘we have a sector that is growing so what can we do to promote the growth of the sector?’ (Interview, 19th march, 2015) In order to have a mining sector that would take care of today’s needs and future needs the sector, the government at the time thought it would be prudent if that help come from the sector itself. This was how a respondent from ISODEC put it It was also necessary that we sustain the sector and ensure that its contribution to national revenue is further enhanced. This would require research, sound regulation of the industry and therefore that support was deem fit to come from the industry itself (interview, 16th march, 2015). This explains the reason why 10% of the MDF is given to mining sector institutions like the Mineral Commission, Environmental Protection Agency, The Ministry of Lands and Natural Resources among others to make sure that the mining sector generates more revenue to the national income purse and develop as well (GOG, 2013). These economic factors are contrary to the need to diversify the economy, savings for the future and to curb University of Ghana http://ugspace.ug.edu.gh 63 the Dutch disease which has motivated the establishment of savings and stabilization funds (Palley, 2003; Davis et al, 2003). 4.3 Environmental Factors From the interview with key officials in the mining industry, the data ascertained shows that the impact on mining on the environment was one of the main factors that led to the establishment of the MDF. Mining comes with both positive and negative impact on the environment. The positives have to do with the creation of employment, source of revenue for the government and provision of infrastructure in communities that host mining operations (Aryee, 2001; Addy, 1998) while the negatives include land degradation, water and air pollution, unemployment, crime, family disorganizations, prostitution, high cost of living, housing problems and drug abuse in mining communities (Gavin et al, 2009, Akabzaaa & Daramani, 2001; Garg, Huang & Cicero, 2010). However the need to address the ills caused by mining activities on the environment and consequently the very lives of the communities that host mining operations played a role in the establishment of the MDF. 4.3.1 Compensation of Those Who Bear the Negatives of Mining The MDF was established because of the need to compensate the people who bear most of the negative effects of mining. Mining in general comes with negative impacts like water pollution, land degradation, air pollution and destruction of livelihoods to the communities that host mining operations. This led to agitations and protestations by the host communities against the mining companies. So the government in power at the time thought it would be prudent to have a facility that would make sure that those who bear these negative effects of mining operations have a fair share of the mineral revenues at that time and also create a conducive atmosphere for mining activities to take place. This University of Ghana http://ugspace.ug.edu.gh 64 information was ascertained when a respondent from ISODEC was asked why the MDF was established. The respondent opined that For the community, the potential threat of life and insecurity they suffer as a result of the presence of security can negatively affect development. The MDF was established as part of the recognition of the need to ensure that those who are directly and almost immediately affected by mining companies to get a fair share of the benefits from the industry (interview, 16th march, 2015). Similarly, another respondent from the OASL made the same assertion when he was asked why the MDF was established. This was how he put it Basically mining has a lot of effect both good and bad. The good has to do with employment, attract a lot of people, puts money in the pockets etc. When people rush to mining locations, this put pressure on infrastructure such as health facilities. Apart from that, mining activities come with a lot of environmental hazards such as, water pollution, air pollution its impact on livelihood generally. It was for this reason that government in 1992 established the MDF to compensate people for the harmful effect of negative effect (interview, 17th march, 2015). 4.3.2 Need to Compensate Land Owners (Stools) The data gathered also made it clear that the MDF was not only established to only compensate only those who bear the negative effects of mining but to as well compensate land owners. This was because formerly, mineral royalties were paid directly to the land owners but the payment was changed and later paid to the state directly. So the government at that time found it obligatory to create a facility that would make sure that land owners also received a fair share of the mineral royalties. This information was discovered when a respondent from the Mineral Commission was interviewed. He revealed that University of Ghana http://ugspace.ug.edu.gh 65 Under the concessions Act of 1962 Act 124 mineral ownership was vested in the owners of the land, therefore royalties was paid to the owners of the land. Under the same act minerals were the properties of the republic (belong to everybody). It’s therefore not good for only owners of the land to benefit from royalties. Even if it’s for all of us, some people bear the negative impacts of mining therefore those in that enclave should enjoy something more than those in the country and those who own the lands (stools) should enjoy something more than the people who just live around mining areas. In sum it was established for those who bear the negatives of mining activities to benefit from mining and to compensate landowners (interview, 12th march, 2015). The need to compensate those who bear the negative effects of mining and landowners confirms the assertion made by Otto & Cordes (2002) that mineral development funds has been used by countries as a way of compensation, risk reduction and as form of payment of the owner of the minerals 4.3.3 Shift to Surface Mining Another factor that led to the establishment of the MDF is the shift from underground to surface mining which was closely related to the expansion of mining activities in the early 1990’s. Prior to the adoption of SAP, most of the mines that operated in Ghana were underground mines. However, the expansion of mining activities as a result of the SAP also led to the introduction of new technologies (surface mining) by the private sector. This made the negative effects of mining to be more visible as that period was characterised by a lot of agitations from dissatisfied residents especially land conflicts. This was because surface mining required the acquisition of large tracts of land for mining activities. For instance in Tarkwa, mining has taken over 70% of the land. Which meant that in areas where the people were farmers; there was competition between the mining University of Ghana http://ugspace.ug.edu.gh 66 companies and residents for the land. A respondent from the Mineral Commission said that Prior to the 1990’s most of the mines that were in operation were underground mines. However after the introduction of the private sector into the mining industry due to the ailing economy, there was a shift from underground mining to surface mining. Therefore the effects of mining due to surface mining became more visible and there were agitations from residents (interview, 12th march, 2015). In laying emphasis on this factor, it was found that the shift to surface mining made conflicts to be more pronounced in communities that host mining operations. This information was ascertained when a respondent from ISODEC was asked whether surface mining played a role in the establishment of the Fund. He said that The decision for surface mining increased the rate of conflicts in mining communities which then must have forced the government at the time to do something about it by appearing to be addressing the development needs of the community therefore establishing the MDF (interview, 16th march, 2015). This means the negative impact of mining became more visible after the introduction of the private sector due to the introduction of the surface mining. The impact was very persuasive and undeniable that the government had to take immediate action. This lays emphasis on the notion that surface mining is environmentally polluting as compared to other mining techniques. Hence the need to take action to address the problems associated with surface mining. 4.4 Summary This section seeks to explore the factors that led to the establishment of the MDF. This study found out Economic and environmental factors led to the establishment of the MDF. University of Ghana http://ugspace.ug.edu.gh 67 The economic factor consists of the expansion of mining activities, the receipt of high mineral revenues and the need to sustain the sector. The environmental factors on the other hand focused on the shift to surface mining, the need to compensate land owners and those who bear the negative activities of mining 4.5 UTILIZATION OF THE MDF AT THE LOCAL LEVEL This section looks at how mineral royalties from the MDF has been utilized by the Obuasi Municipal Assembly and the Chiefs. It specifically looks at how much has been received as royalties from the year 2000 to 2012 OMA, the process of how expenditure are decided by OMA and how it has been utilized by the OMA from the 2006 to 2012. Table 4.1: Royalties Received From the MDF year 2000 to 2012 YEAR AMOUNT IN GHANA CEDIS 2000 148020 2001 2002 119180 2003 286104.17 2004 198170 2005 97000 2006 143769 2007 70600 2008 125300 2009 254169 2010 256485.18 2011 306449.33 2012 335877.11 TOTAL 2341123.79 University of Ghana http://ugspace.ug.edu.gh 68 Source: Authors construct based on the financial reports from the OMA Table 4.1 shows the amount of money received by the Obuasi Municipal Assembly from the Mineral Development Fund (MDF) from the year 2000 to the year 2012. In total, the Obuasi Municipal has received 2,341,124 Ghana Cedi’s as mineral royalties. In 2001, the fund was not disbursed so the Obuasi Municipal Assembly did not receive money for mineral royalties in that specific year. The receipt of mineral royalties from the MDF shows that significant amount of money goes to the Obuasi Municipal Assembly for development purposes in communities that host mining operations. 4.5.1 Process on How the Fund Is Utilized At the Municipal Assembly In terms of how the expenditure is determined, due to the absence of guidelines on how the fund is to be utilised, plans on how it should be used is based on the normal planning system of the Municipal Assembly. This involves conducting needs assessment with the community members through a public forum, prioritize the needs based on popular request of the community members and then put those needs in their medium term plans. So the use of the fund is based on their medium term plan. Any project is selected based on the medium term plans. This information was ascertained when the Planning Officer was interviewed on how the decisions on the use of the fund are arrived at. We normally conduct needs assessment with the communities and the communities comes out with their needs and we prioritize with them and that goes into our medium term development plan. So it’s like whatever we want to do we go to our plan because we have sat with the communities to prioritize with them. So we pick the projects based on the prioritized needs of the community and we use the mineral fund (Planning Officer, 25th march, 2015). University of Ghana http://ugspace.ug.edu.gh 69 The municipality also creates a budget which serves as a guide for the selection of projects at any particular time. In an interview with the Finance Officer, he said that We have budget for the use of mineral royalties and this informs the choice of projects on whether we would be using it for example to build schools or feeder roads (interview finance officer, 25th march, 2015) In order to check the correctness of the data gathered from the Municipality, focus group discussions were held with community members and interviews were held with the assembly members of the mining affected communities. The data gathered from the community members on whether they are involved in the utilization of mineral royalties showed that majority of the community members do not even have knowledge on the existence of such a facility. So this presupposes that they are not involved on decisions as to how the mineral royalties would be utilised. The few community members that new about the existence of the facility also claimed they were not involved on how the fund was utilised by the Assembly. In Sanso and Ahansoyewodea, which were mining affected communities, when asked about the knowledge about the existence of the facility, there was an overwhelming no from the respondents. One of the residents was of the view that ‘There is nothing like even development in this place. Development is like pregnancy which can be seen by all’ (FGD, 26th March, 2015) This shows that community members feel mining has not benefited them in any way and they are also deprived in terms of development. Some of the community members even do not believe that part of mineral royalties is even allocated to the District Assemblies and the traditional authorities for development. They were of the view that if there is such a facility then their Assembly Members have the responsibility of reporting to them. One of the respondents from the mining affected community revealed that University of Ghana http://ugspace.ug.edu.gh 70 I don’t think the money even comes in the first place. However if what you saying is true. We have elected an Assembly Man to represent our community at the Assembly. However, he has not told us about the existence of such a facility. This means that he’s not being truthful to us’ (resident, 26th march, 2015). Contrary to what the community members said, the Assembly Members of the mining affected areas were of the view that they are involved on how mineral royalties are utilised by the Municipal Assembly. Their involvement is normally at the planning stage and post- implementation. At the planning stage they develop budgets on what projects would be the priority in case the money is received after which they turn it in to the general assembly for approval. In support of this assertion, one of the assembly members noted that Before the money comes, we budget on how we would use the mineral royalties and determine what projects the royalties would be used for (Assembly Member, 25th march, 2015). Budgeting on what to use the mineral royalties for was not done separately. It was done alongside with the other sources of funding like the common fund and property rates. This information was discovered when one of the assembly members from the mining affected areas was spoken to. He said that When we budgeting, there are some projects that go under mineral royalties and some also go under the common fund and the property rates (Assembly Member, 25th March, 2015). In addition to this, the assembly members were not only involved in just creating the budget but also involved in budget reviews. This gives the opportunity to know the amount received as royalties, the projects that are ongoing and why some projects have still not started. One of the Assembly Member said that University of Ghana http://ugspace.ug.edu.gh 71 We also do budget review on the amount received as mineral royalties and the projects that are being undertaken and why some of the projects have not been undertaken (Assembly Member, 25th March, 2015). The data shows that the decision making process for the use of the fund is entirely done by the Municipal Assembly without the involvement of the residents of the mining affected communities. These finding are consistent with Marfo et al (2012) that the entire decision making process is captured by the elite. Additionally, access to information on the MDF is not known to the people. This makes the Obuasi Municipal Assembly more powerful in terms of access to information as compared to the mining affected residents as they are almost not aware of the existence of the facility and as well as their non-involvement in the use of the fund. This confirms the theory of political ecology that benefits of resource extraction are a product of power relations (Bryant & Bailey, 1997). 4.5.2 Utilization of the MDF at the Obuasi Municipal Assembly from 2006-2012 On the uses of the mineral royalty by the Municipal Assembly, it was found out that the municipality has used the money for development projects for the entire communities in the municipality without necessarily concentrating on the mining affected communities. The utilization of the money has been centred on educational infrastructure, scholarship schemes, waste management, sanitation, health infrastructure and for general infrastructure in the market place. This was ascertained with an interview with the Municipal Officers and through documented reports on how mineral royalties have been utilised. Receipts and Expenditure on mineral royalties have been presented in table 4.2 and table 4.3 University of Ghana http://ugspace.ug.edu.gh 72 Table 4.2: Amount Received and Expenditure of Mineral Royalties in Ghana cedis for Obuasi Municipal Assembly from 2006-2012 YEAR RECEIVED EXPENDTIURE 2006 143,769 42,984.72 2007 70,600.00 147,142.62 2008 125,300 110,927.93 2009 254,169 245,488 2010 256,485.18 314,169.62 2011 306,449.33 427,828.42 2012 335,877.11 304,368.71 TOTAL 1,492,650 1,592,910.02 Source: Authors construct based on the financial reports from the OMA The table 4.2 shows the amount of mineral royalties received from government and its corresponding expenditure by the OMA from the year 2006 to 2012. The table shows significant difference between the amount received from the MDF and its corresponding expenditure. In 2006 for instance, the Municipality received 143,769 Ghana Cedis and the expenditure for that year was 42,984.72 Ghana Cedis which shows that the expenditure for that year is far less than the amount received. In 2007 the municipality received 70,600.00 Ghana Cedis and made an expenditure of 147,142.62 Ghana Cedis which shows a higher expenditure compared to the amount received as mineral royalties. This is an indication that mineral royalties come late and its effects are that most of the planned expenditure is carried forward to the next year. University of Ghana http://ugspace.ug.edu.gh 73 Table 4.3: Expenditure of Mineral Royalties for the Year 2006- 2012 ITEMS AMOUNT IN GHANA CEDIS SCHOLARSHIP SCHEMES 188,666 EDUCATIONAL INFRASTRUCTURE 692,484.40 HEALTH 40,819 WASTE MANAGEMENT 516,905.86 GEN INFRASTRUCTURE 54,003.81 SANITATION 17,337 TOTAL 1,510,216 The expenditure of the MDF from the Obuasi Municipality from the year 2006 to the 2012 has been summed up in table 4.3. It has been categorised into the following; Scholarship Schemes, Educational infrastructure, Health, Waste Management, General Infrastructure and Sanitation. Figure 4.1: Expenditure of Mineral Royalties Expressed as Percentage in a pie chart Source: Authors construct based on the financial reports from the OMA University of Ghana http://ugspace.ug.edu.gh 74 The pie chart above shows how receipts from the MDF has been utilised by the Obuasi Municipal Assembly from the year 2006 to 2012. The chart shows that 46% of mineral royalties was used for educational infrastructure purposes, 34% for waste management, 12 % for scholarship scheme, 4% for general infrastructure, 3% for health and 1% for sanitation. 34% of the utilization of the mineral royalties for waste management confirms the EITI reports of 2013 which found that a significant portion of mineral royalties is used for waste management in the OMA. The chart also shows that 37% of the funds were utilised for health, sanitation and waste management. This is contrary to the findings of the auditor general report which found that only 14.2% of the funds were used health, water, sanitation, waste management, land degradation and alternative sources of livelihoods which were areas directly related to mining effects (GOG, 2013). The differences in findings may be because the findings from the Auditor General’s report lumped three District Assemblies and therefore did not allow for individual difference in the Assemblies under study. Also, the differences may be related to the time differences of the study because the Auditor General’s report of 2013 covered the period of utilization from 2004- 2009 while this study looked at the utilization of mineral royalties from 2006-2012. Figure 4.2: Expenditure of Mineral Royalties Expressed In a Bar Chart University of Ghana http://ugspace.ug.edu.gh 75 Figure 4.2 is a bar chart of the expenditure of the municipality from the year 2006 to the year 2012. The figure shows that the municipality has used the royalties for Scholarship Schemes, Education, Health, Waste Management, General Infrastructure and Sanitation. The bar chart gives a clear pictorial view of how much has been utilised on the various amenities and the ones that have been given considerable attention. Figure 4.2 shows that majority of the money was spent on educational infrastructure, waste management and scholarship while general infrastructure, health and sanitation remained the lowest expenditure items from the bar chart. The figure 4.2 shows that considerable attention has been given to development projects in the municipality from the year 2006 to 2012. The reason for the use of majority of the money for educational purposes is because mining activities in Obuasi has attracted a lot of people to the municipality for employment and other lucrative activities. Evidence from the composite budget showed that the annual growth rate in the Municipality is 4.0% which is relatively high as the result of large influx of migrants who come in search of jobs in the mining and related industries (OMA, 2014). This has put pressure on the infrastructure of the entire municipality of which the educational sector is one of them. This have caused the number of school going age children to have increased in the municipality and it would be reasonable to put in place educational infrastructure to cater for the negative impact of mining activities in the municipality. More also, increase in the population due to mining activities may be the same explanation why a lot of royalties received go into scholarship schemes for people of school going age in the Municipality. Currently, the children in the municipality constitute about 43% of the general population (OMA, 2014). These show that human development has been made a priority in the Municipality. As to the number of people who benefit from mining affected areas, this is not really known as the documents just stated scholarships but if mining affected areas were given priority in the award of scholarships, then this University of Ghana http://ugspace.ug.edu.gh 76 should have come in the focus group discussion in the communities which host mining operations. Similarly, waste management has been one of the priority areas for the use of the mineral royalties. This has stemmed from the fact that mining activities have attracted a lot of people to the Obuasi Township. This has increased the level of waste generated there hence the need to spend more on waste management in the municipality but this confirms the report made by the Extractive Industry Transparency Initiative in 2013 that majority of the District Assemblies use a considerable amount of the money for waste management. However, the municipality also explained that the reason why they use a chunk of the money for waste management is because they think that mining activities has attracted a lot of people to the area, so using mineral royalties for sanitation should be understandable. This information was ascertained when a respondent from the Municipality was spoken to. He revealed that Sanitation (waste management) was what we considered as having a greater impact in the sense that because of the mining it has attracted a lot of people and we thought that by using the mineral royalties for sanitation purposes would be a step in the right direction (Budget Officer, 25th March, 2015). Health and sanitation (provision of toilets) which should have been one of the areas where the focus of the municipality should have been has been given little attention. Population increase in the municipality due to mining activities would bring more pressure on public toilets, so more structures had to be put in place in respect of that facility. The documents showed that in terms of health the focus was on the construction of mortuary in the Obuasi government hospital. Dust, air and water pollution associated with mining activities have caused diseases such as malaria, diarrhoea, skin diseases, Respiratory Infections, acute eye University of Ghana http://ugspace.ug.edu.gh 77 infections, sexually transmitted diseases and schistosomiasis (Schisto) in mining areas (Akabzaa, Seyire & Afriyie , 2007; Akabzaa & Daramani, 2001, Gavin et al 2009 ). This suggests that the area of health infrastructure should be a priority in the utilization of mineral royalties by the Municipality. Clinics should have been set up in mining affected areas to cater for the health problems associated with mining activities although the construction of the mortuary is equally important. The community members in that host mining operations were of the view that although mining activities take place in their communities they do not have a clinic in their community. When having health issues, they have to go to the Obuasi government hospital to seek medical care. 4.5.3 Beneficiaries of mineral royalties in the Obuasi Municipal Assembly Mineral royalties distributed to the stools, traditional authorities and District Assemblies are supposed to be used for development purposes in the mining affected communities and to mitigate the negative effects of mining (GOG, 2013). Royalties received by the Municipality have been used to undertake various projects as outlined in their reports. These are educational infrastructure, scholarship schemes, waste management, health infrastructure and sanitation (latrines). The beneficiaries of the projects should be communities that host mining operations but this is not the case for the OMA. The financial report of the OMA showed that most of the projects were located in areas that are not directly affected by mining operation. Although communities directly affected by mining operations are Sanso, Binsere, Ahansoyewodea, Kunka, Anyinam and Dokyiwaa among others, most of the projects were found in communities like Boete, Bediem, Asonkore, and New Nsuta among others. This does not mean that mining affected communities have not benefited from the mineral royalties rather; little attention has been given to them. An educational facility was set up in Anyinam and furniture for a school in University of Ghana http://ugspace.ug.edu.gh 78 Sanso. This shows that mining affected communities were not really given priority in the construction of these projects. These findings also confirm the assertion by Taabazuing et al (2012) in the Wassa West that projects undertaken using mineral royalties are found in urban areas rather than the periphery of mining activities. It is also similar to findings of Hansen & Treue (2009) (as cited in Marfo et al, 2012) that projects undertaken by District Assemblies with forest revenues did not give communities where the revenues came from priority. This also tends to widen the inequality gap between mining affected communities and non-mining affected communities in terms of development progress. These findings also confirm the assumption of the political ecology theory that the unequal distribution of mining benefits inevitably reinforces social and economic inequalities (Bryant & Bailey, 1997). This is because mining affected communities continue to wallow in poverty as other communities tend to progress in terms of development. The Assembly Members of the mining affected communities also attested to the fact that mining affected communities were not the beneficiaries of mineral revenues. They further added that royalties are utilised by the Municipality for the entire development of the Municipality. An Assembly Member for Sanso revealed that The beneficiaries are supposed to mining affected communities but this is not so while communities like Sanso, Anyinam and Binsere are the main mining affected areas. However the new MCE has put mechanisms in place to make sure that the mining affected areas receive the bulk of money (interview, 25th March, 2015) This means that this is a challenge recognised by the Municipality. Similarly another Assembly Member from Anyinam was opined that I can’t remember any project captioned under mineral royalties in my area since I became an Assembly Man. However I have received some projects under the AngloGold Ashanti property rates, common fund. Since I have University of Ghana http://ugspace.ug.edu.gh 79 those projects I don’t think it would be necessary for me to fight for mineral royalties (Assembly Member, 27th March, 2015). This presupposes that royalties’ utilization focused on non-mining affected communities rather than the communities directly affected by mining activities. Contrary to the views held by the two assembly members, another assembly member from Binsere was of the view that ‘He has heard of royalties here and there but I do not actually know how they are utilised. The assembly does not involve us on how it’s utilised’ (Assembly Member, 26th march, 2015). This is because he is not part of the finance and administrative committee. An Assembly Man noted that if you are not part of the finance and administrative committee it would be difficult to have knowledge on how mineral royalties are utilized. The Municipal Assembly also made it clear that royalty utilization did not give mining affected communities attention and they explained why things were done that way. They explained that one of the reasons had to do with the need for balanced development in the municipality. They explained that it was not fair to use all the mineral royalties for just the mining affected communities as this can lead to conflicts in the Municipality. This was ascertained when the finance officer for the municipality was interviewed. He said that Sometimes a particular area might not be a mining area but once they all fall within the Municipality and for the sake of balanced development if you say you are using the money for mining related areas, there’s the likelihood that those areas that are not affected by mining would be lagging behind in terms of development and this would bring about agitations and chaos. When these things happen the mining affected areas would not also have their peace (Finance Officer, 25th march, 2015) University of Ghana http://ugspace.ug.edu.gh 80 Another factor that has contributed to use of mineral royalties for development of the entire Municipality rather than communities that host mining operations is the fact there are no guidelines for its usage. So where to undertake various projects is selected based on the discretion of the Municipal Assembly. This also confirms the findings that, although there is a constitutional provision for the sharing of benefits among the District Assemblies and the chiefs, there is no provision made by the constitution as to the distribution and accountability of the revenues among stakeholders (Marfo et al, 2012). This was how one of the officers put it; Due to no guidelines, the money is used according to what the Assembly will agree on. Sometimes these projects may not benefit those affected by the negative effect of mining (Budget Officer, 25th March, 2015) The data gathered clearly shows that reasons why mining affected communities have not been the actual beneficiaries of the fund is because they lack information of the existence of such a facility which is a source of power . The Municipal Assembly on the other hand, have used mineral revenues based on their discretion because of the power to decide on issues for the entire Municipality without necessarily consulting the ordinary citizen in mining affected communities. Comparing the Municipal Assembly and the mining affected communities in terms of the power of information and status in society, the Municipal Assembly is more powerful and has been the reason why the mining affected communities have not been the beneficiaries of the fund. Data gathered confirms the assertion that the framework to enhance the equitable sharing of benefits has rather fostered minority interest and have not dealt with the power dynamics found in mining areas (Tsuma, 2010). These findings confirm the theory of political ecology which says that the distribution of benefits or exchange of costs within a given local context is as a result of unequal power University of Ghana http://ugspace.ug.edu.gh 81 relations between individual actors and not a product of the structures (norms, rules, laws) of resource exchange (Bryant, 1998; Walker, 1991). More so, the unavailability of guidelines on the use of the fund also suggests that unequal power relations is not the only reason why mining affected communities have not been the beneficiary of the fund as stipulated by the political ecologists but there is an institutional problem as well. This suggests a weakness in the laws guiding the use of the fund and confirms the findings by Mehlum, Moene & Torvik (2006) that there are poor developmental outcomes in countries with low institutional quality (When the institutional barriers for rent seeking activities are unavailable) while it’s non-evident in countries with high institutional quality. This confirms the point made by Weinthal & Luong (2006) that the fund would amount to nothing if the institutions regulating the use of the fund are unavailable. From the community member’s perspective, it seems they have no knowledge on who the beneficiaries are and how the Assembly and the chiefs have utilized the money. This information was ascertained through focus group discussion with the members of the mining affected communities. One of the community members of Sanso was of the view that Although guidelines have been put in place for us to benefit, there has not been any discussion with us. So if the money passes somewhere who are we going to ask? If you had not told us of the existence of such a facility I would not have known (Resident, 25th March, 2015) There was an overwhelming agreement by the community members on this assertion that they had no knowledge about the existence of such a facility so it would be difficult to know who benefit from this facility. The community members therefore advocated for University of Ghana http://ugspace.ug.edu.gh 82 more education on the radio stations and at the community level so that everybody would know the provisions that have put in place for them to benefit. Another community member also added that although the Assembly gives them (community) projects, they do not tell them the sources of funding for these projects. Recently, they received lights and their roads are about to be graded but as to the source of funding they were not told. This was what one of the community members had to say Recently we were given some light in the town and their about working to grade our roads, we don’t really know the source of funding for these projects (Resident, 31st March, 2015). This shows that projects that are financed using mineral royalties are not made known to the people. This is similar to the findings in Wassa West, where resident’s claim that projects that are undertaken are not publicised (Taabazuing et al, 2012). Some of the residents think their Assembly is being dishonest to them by not telling them how the fund is being utilized by them. One of the community members noted that For the assembly, if we even mention that they don’t use the royalties for development purposes, they can defend themselves by saying that the projects that were done for us were from the royalties. I know that their cheating us in a way (Resident, March 31st, 2105) This shows that the residents in mining affected communities lack confidence in their leaders because of their non-involvement in royalty utilization. This gives credence to the assertion that residents become distrustful of their leaders because of their non- involvement on how the funds are utilized in the Wassa West (Taabazuing et al, 2012). Generally, the beneficiaries of the fund have been the mining affected communities because the entire decision making process about the utilization of the fund have been undertaken by the Municipal Assembly. Which confirms the findings of Marfo et al University of Ghana http://ugspace.ug.edu.gh 83 (2012) that there is elite capture in the utilization of the fund. More also, there is unequal power relations between the Municipal Assembly and residents of mining affected in terms of access to information and their status in society. This confirms the findings that the distribution of benefits or exchange of costs within a given local context is as a result of unequal power relations between individual actors and not a product of the structures (norms, rules, laws) of resource exchange (Bryant, 1998; Walker, 1991). 4.6 Traditional Authorities and the Utilization of Mineral Royalties This section looks at the receipt of mineral royalties, how decisions are made relating to the funds, how chiefs have utilized their share of the fund, the perception of residents as to who are the beneficiaries of the fund and whether chiefs should use their share of mineral royalties for development. 4.6.1 Receipt of mineral royalties Three chiefs in the mining communities were interviewed in order to ascertain how much has been received as mineral royalties and its uses. Out of the three chiefs interviewed, only one of them claimed to receive mineral royalties. However, the other two chiefs made it clear that they do not receive mineral royalties from the government. One of the chiefs from Ahansoyewodea claimed that he as a chief has never received mineral royalties before due to a chieftaincy dispute. He claims his successor who is supposed to hand down some of the royalties to him has not been enstooled. This information was ascertained when the chief was asked how much he has received as mineral royalties and how it has been utilised. University of Ghana http://ugspace.ug.edu.gh 84 With the chief who receives mineral royalties, the last time he received some of the royalties was in 2013 and the amount was 50 Cedis. This information was discovered when he was asked whether he receives mineral royalties and this was what he had to say Yes I do, when you take Akokere division, it’s made up of Kusa, Borbriase, Odumasi and others so they share the money from the top before its get to my turn. The last time I had some, it was 50 Ghana Cedis as royalties. What am I going to do with 50 Ghana Cedis? (Resident, 27th March, 2015) It’s worth noting that the money meant for development purposes in mining affected areas is shared among the chieftaincy institution according to ranks. This might explain why the chief of Bogobiri received just 50 Ghana Cedis as royalties from the chieftaincy institution. This point was also brought to bear by one of the community members during the focus group discussions. He was of the view that In terms of what comes to the chief, the chief here is under somebody, that is, there are ranks in the sharing of the royalties therefore what the chief of our town receives would be something very little (Resident, 25th March, 2015) Similarly, this point was also emphasized by one of the Assembly Members in the mining affected communities noted that ‘The chieftaincy institution is more like a political body. So when the money comes it shared according to ranks in the body’ (Assembly Member25th March, 2015). This data ascertained means that money meant for development purposes is shared according to ranks in the chieftaincy hierarchy. This means that the powerful ones at the top would receive more of the funds while the ones who at the bottom of the rank would receive something little. This explains why the chief of Bogobiri received 50 Ghana cedis from the share of the cake. This also support the assertion by the political ecology theory that the distribution of benefits or exchange of costs within a given local context is as a University of Ghana http://ugspace.ug.edu.gh 85 result of unequal power relations between individual actors and not a product of the structures (norms, rules, laws) of resource exchange (Bryant, 1998; Walker, 1991). This also supports the assertion of the political theorist that the unequal distribution of benefits tends to reinforce or reduces existing social and economic inequalities (Bryant & Bailey, 1997) as those at the top of the hierarchy of the chieftaincy institution receive more of the mineral royalties as compared to those at the bottom of the hierarchy. Additionally, the chiefs also continue to be more powerful socially and economically than residents thereby reinforcing the social and economic inequalities in society (Bryant & Bailey, 1997). 4.6.2 Involvement of the people in the utilization of mineral royalties The data gathered from the focus group discussions and interviews shows that the community members and the Assembly Members from the mining affected areas are not involved on how mineral royalties are utilized by the traditional authorities. They don’t even know how it’s utilised and some of the projects even undertaken by the chiefs. One Assembly Member said that ‘the chiefs do not involve us on how the money is utilized’ (interview, 28th march, 2015). This shows that decision making is left in the hands of the chiefs. This confirms the point made by Marfo et al, 2012 that decision on the use of mineral revenues has been captured by the elite. 4.6.3 Utilization of Mineral Royalties On issues relating to the utilization of mineral royalties by the traditional authorities, the chiefs in the OMA revealed that royalty goes to Adansehene since they are the owners of the land of Obuasi. Mineral royalties have been utilized by the chiefs at the top of the hierarchy of Obuasi for educational purposes (built Asare Bediako senior high school), the University of Ghana http://ugspace.ug.edu.gh 86 refurbishment of the palace at Fomena and Edubease, rehabilitation of toilets and street bulbs for their area. This information was ascertained when the chief of bogobiri was asked how mineral royalties have been utilized in the municipality. He said that In the case of Adansi Fomena the mineral royalties was used the construction of the chiefs palace, Akokere used their royalties for a secondary school (Asare Bediako), in Edubease too part of the royalties have been used for the construction of the palace. At times they provide street bulbs for the streets and the rehabilitation of public toilets (Chief, 27th March, 2015). The use of mineral royalties for the establishment of a palace by the Adansi and Edubease chiefs support the assertion that use of royalties for the maintenance of stools has been understood to mean “that it is legitimate to pay for regalia and the trappings of royalty – limousines, jewellery and ceremony” (ICMM, 2007, pp 77). This also similar to the findings of Hansen & Treue, (2009) that where projects were mentioned, it focused mainly on the construction and rehabilitation of the chiefs’ palace in a study of forest revenue utilization by chiefs (as cited by Marfo et al, 2012). These findings support the assertion that poor developmental outcomes in mineral resource rich countries is because political elites tend to use rents to pursue development programs that are controversial in nature, create opportunity for rent seeking activity to promote their interest, provide economic benefits to particular interests group, capture rents and avoid accountability (Ascher, 1999). This also shows that there is the absence of effective institutions constraining how the funds should be utilized this support the argument of Lane & Tornell (1999) that the presence of effective institutions can help curb these rent seeking activities associated with the discoveries of natural resource wealth. The chief of Bogobiri on the other hand, has not been able to use his share of mineral royalties for development purposes due to the insignificant amount of mineral royalties as University of Ghana http://ugspace.ug.edu.gh 87 an Odikro in his community. This shows that as an Odikro of the community, it would be very difficult to embark on development projects if the money received from the superiors is not enough. This also confirms the findings by Akabzaa (2009) that chiefs who are entitled to a share of mineral royalties claim that they are not given a fair share and have been the reason why they have not been able to commit their share or royalty payment to development projects. The trickling down of small amounts of money as royalties as an Odikro also confirms the theory of political ecology which says that the sharing of benefits from mining is a product of power relations among individual actors (Bryant, 1998; Walker, 1991). This is because the chiefs at the top of the hierarchy enjoy more of the royalties although it should rather be for the entire mining affected communities. This is partly because of their influence in society. This also shows that like the Assemblies, the utilization of mineral royalties by the traditional authorities have concentrated on areas that are not in close proximity with mining affected communities as the bulk of the money are kept at the top of the hierarchy while peanuts are given to the Odikro. This confirms the findings by Taabazuing et al (2012) in the Wassa West District, about the claim made by residents that projects have been undertaken in the urban areas to the neglect of the periphery were mining activities took place. The amount given to the Odikros also directly implies that they should use it for their personal activities rather than development purposes, hence elite capture of mineral royalties (Marfo et al, 2012). 4.6.4 Perception of residents on who are the beneficiaries of mineral royalties The data gathered from the community members also gave a different connotation. Some (community members) do not think that chiefs use their share of mineral royalties for development purposes. They rather think chiefs use their share of mineral royalties for their own personal activities. This information was ascertained from the community University of Ghana http://ugspace.ug.edu.gh 88 members when asked who they think are the beneficiaries of the mineral royalties. As one community member put it The chiefs tax us every year to pay tax on our lands and also spend the money given to them for development. When the government and the company give them money for development, they just spend the money. (Resident, 31st March, 2013) This creates the impression that some of the community members see their chiefs as corrupt. This is because they do not only spend their money meant for development but also tax them. In support of the assertion that the leaders are the beneficiaries of mineral royalties another community member said that ‘As for the chiefs they don’t give us development projects’. This means that the community members cannot pinpoint a project that has been undertaken by their chiefs in their community. The community members rather gave credit to the Assembly for giving them some few projects. Although some chiefs claim they use mineral royalties for scholarship schemes, there is no evidence of development. Some also use it for their personal activities. This information was ascertained when some of the Assembly Members were asked about who the beneficiaries of the royalties were. One Assembly Member opined that Sometimes they claim that they use money for scholarship schemes but you see nothing. However some of them claim that, ‘ye de ka yen mpaboa ho’ meaning they use it to buy polish for their slippers or sandals’ (Assembly Member, 26th March, 2015) The assertion made by the community members that the chiefs are the sole beneficiaries of the facility tend to confirm the argument by Ross (2001a) that during windfall gain political elites take the opportunity to capture rent and have a control to distribute. It also confirms the Human Rights report (2008) which indicated that residents of mining University of Ghana http://ugspace.ug.edu.gh 89 affected communities claim their leaders are the beneficiaries of mineral royalties. These findings also show that the people see their leaders as corrupt as they have abused public trust for personal gain. This also supports the assertion by Standing & Hilson (2013) that the poor management of the fund has led to mistrust between communities and their leaders (traditional authorities and local government). 4.6.5 Perception of residents on whether chiefs should use their share of mineral royalties for development Residents of mining affected communities were all of the view that chiefs should use their share of mineral royalties for development purposes. This was because they feel mining activities have had negative impacts on their lives due to the pollution caused by mining and the destruction of their livelihoods through destruction of their farm lands. One of the resident was of the view that We should use it for development purposes because AngloGold Ashanti has taken over the lands from this community to Obuasi Township and we bear the negative consequences of mining such as cyanide spillage and our livelihoods has been destroyed as well (Resident, 26th March, 2015) This means that the use of the chief’s share of mineral royalties for development projects can serve as a form compensation for the negative effects of mining on their lives. Some Assembly Members agreed with the community members that the chief should use their share of mineral royalties for development purposes. Although chiefs are not the main development agents of the Municipality, they should be able to give the community members at least one or two projects at the end of the year which should be infrastructural projects rather than scholarship scheme. This was what one Assembly Member had to say University of Ghana http://ugspace.ug.edu.gh 90 Yes they should. The use of the money for scholarships scheme it’s good but at least would be better if they use it for physical projects (infrastructure). (Assembly Member, 26th March, 2015) This means that the development priority should focus mainly on infrastructure. However, some Assembly Members were of the view that when some chiefs are asked about the utilization of mineral royalties, they tell you ‘omudeka omu mpabua’ meaning they use it to buy polish to shine their sandals. This information was ascertained when one of the assembly man was asked whether the chiefs should use their share for development purposes. One Assembly Member noted that How can a chief conduct a development project because the developmental issue is solely on the Assembly. However, they can use it for small projects but they would tell you that ‘omudeka omu mpabua’ and at the end of the day the same chiefs would walk to the Assembly and demand for development projects (Assembly Member, 27th March, 2015). The information ascertained then implies that, chiefs advocate personal use of mineral royalties at the expense of the community members. This shows that although community think their share of mineral revenues should be used for development purposes, some chiefs think that it should be used personally. This give support to the report of the ICMM (2007) that the use of the funds for personal purpose is contrary to the expectations of the subject who think it should be basically used for development purposes. The differences interests as to how the fund should be utilized from the chief’s perspective and that of the resident’s perspective also confirms the point made by the political ecologist that resource extraction activities create a lot of actors with different interests sometimes conflicting and competing in the environment (Bryant, 1998; Walker, 1991). University of Ghana http://ugspace.ug.edu.gh 91 4.6.6 Summary This chapter looked at how the MDF has been utilized by the OMA and the chiefs in the Obuasi Municipality. The OMA have utilized the share of mineral royalties for the educational infrastructure, scholarship schemes, waste management, general infrastructure and sanitation. However, the beneficiaries of the fund have not been mining affected communities due to the elite capture of the entire decisions relating to the utilization of mineral royalties and lack of clear guidelines on the use of the fund. This has been compounded by the fact that residents in mining affected communities do not have knowledge about the existence of the fund. This therefore means that poverty found in mining affected communities has been caused by unequal power relations (Bryant, 1998; Walker, 1991) in terms of access to information about the fund and the status of relevant actors, that is, OMA and residents in mining affected communities as well as institutional weakness due to no guidelines for the use of the fund. The chiefs on the other hand have utilized their share of mineral royalties for personal use which is contrary to the expectations of their residents who think it should rather be used for development purposes. This confirms the propositions of the political ecology theory that mining activities creates a lot of actors with different interests sometimes conflicting and competing in the environment. The developmental outcomes found in mining affected is related to weak institutional framework guiding the use of the fund and confirms the assertion that poor developmental outcomes is characterized in countries with low institutional quality (When the institutional barriers for rent seeking activities are unavailable) while it is non-evident in countries with high institutional quality (Mehlum, Moene & Torvik, 2006). University of Ghana http://ugspace.ug.edu.gh 92 CHAPTER FIVE THE MDF AND LOCAL DEVELOPMENT: SOME KEY CHALLENGES 5.0 Introduction This section examines the challenges District Assemblies and traditional authorities face in the utilization of the mineral royalties for development and the extent to which District Assemblies and chiefs are held accountable in the use of the fund. 5.1 Challenges in the utilization of mineral royalties by OMA The challenges encountered by OMA in the utilization of the MDF are fluctuations in the amount received as mineral royalties, delays, absence of guidelines as to how to utilize mineral royalties, poor monitoring of projects, and insufficient monies for development. Figure 5.1: Fluctuations in the Amount Received from the MDF Source: Financial reports from OMA March, 2015. University of Ghana http://ugspace.ug.edu.gh 93 Figure 5.1 is a diagram on the amount of money received from the MDF and the corresponding years. In 2001 there was no disbursement made to the Municipal Assembly. From 2002 to 2012 the Municipality continually received money from the MDF. However, there have been year to year differences in the amount of money received from the MDF by the Municipality. From the year 2002 to the year 2007, there has been wide variations on the amount of money received from the fund. The amount received goes up in one year then suddenly drops in another year. For instance in 2003 the amount received from the MDF went up significantly but dropped from 2004 to 2008. It was from 2009 to 2012 that the money received from the MDF has consistently gone up. The year to year fluctuations in the amount received from the MDF would certainly affect the performance of the budget and the implementation of projects that are supposed to be funded by the MDF. These findings are consistent with the findings by the ICMM reports of 2007, which found out that there are year to year fluctuation that are large in the amount of money received from the MDF in the Ashanti and Western mining districts. This could explain why some of the projects take long periods to be completed in these areas and why some years are characterised by the implementation of just a single project. 5.1.2 Delays in the Receipt of Funds The data gathered from the assembly also shows that another challenge that also hindered the effective utilization of the MDF at the assembly is delays in the release of fund. Unlike other sources of funding for the district assemblies that has clear time periods that are released, that is not the case for the MDF. Its predictability in terms of when it will be received is not known. Evidence from documents showed that allocations from 2013, 2014 and 2015 are still outstanding. The finance officer was of the view that University of Ghana http://ugspace.ug.edu.gh 94 The release of the funds unlike common fund and the urban development has no time lines. For example the common fund is released quarterly. With the funds (mineral royalties) you don’t know when it would be released and you would be called that you have a cheque. So I will describe the release of the funds as erratic. Even as we speak now it has been released up to 2012 but 2013 and 2014 are still outstanding. This tends to affect the execution of budgets and hence the implementation of project’s (Finance Officer, March, 2015) The statement clearly exhibits a clear irregularity in the release of the fund. There are still arrears for the years 2013 and 2014 although we are in the year 2015. This also means that programmes that have been earmarked for the fund would be delayed which would consequently affect the implementation of budget for the years 2013 and 2014. Another respondent from the Assembly further elaborated on the delays in the utilization of the MDF on the current receipt of the funds of the Municipality. He said that Currently, we have just received the third quarter of 2013 in the first quarter of 2015. So all the programmes earmarked for that fund were not undertaken (Planning Officer, March, 2015) This gives a clear picture of the extent to which the untimely release of fund affects the implementation of projects in the Municipality. Additionally due to the untimely release of the MDF to the Assembly, it takes a long time to finish projects and some projects have been abandoned. When we award projects using the mineral royalties, because its flow its untimely the contractors work to a certain point and leave the site and wait until the next tranche comes in, so it takes long time to complete projects and some have been abandoned. For instance the MCE’S bungalow project and a bridge have been abandoned (Budget Officer, March, 2015) University of Ghana http://ugspace.ug.edu.gh 95 This means that development in the municipality would be slowed down due to the delays in the receipt of the funds. These confirms the findings that delays and the fluctuation in the funds received tend to have a negative effect on planning, expenditure and budgeting programs of District Assemblies (Kuyole, 2008 as cited in Morghandi, 2008; ICMM, 2007). 5.1.3 Absence of Guidelines The data gathered also showed that the absence of clear guidelines is a factor that has hindered the effective utilization of the MDF at the local level for development. Unlike the other sources of funding from the government, the MDF received by MMDAs comes with no guidelines. Due to this, officials at the Assembly use the money according to their discretion. In some cases, the money has been treated as part of their IGF and used for recurrent expenditure. This supports the assertion of Marfo et al (2012), who notes that although there is a constitutional provision for the sharing of benefits among the District Assemblies and the Chiefs, there is no provision made by the constitution as to the distribution and accountability of the revenues among stakeholders. One of the officers noted that In our accounts considerable part of the money have been used for sanitation but they (civil society groups and government ) are insisting that it should not be used for sanitation because they want to identify the projects and that when we use it for sanitation when they come they would not see (Finance Officer, 25th March, 2015) This supports the EITI report of 2013 which says that a significant portion of mineral royalties are used for waste management in the Obuasi Municipal Assembly. Additionally the mining affected areas who are supposed to benefit from the fund are rather not the University of Ghana http://ugspace.ug.edu.gh 96 beneficiaries as the money has been used according to the discretion of the Municipal Assembly for the entire development of the Municipality. One of the officers of the Municipal Assembly was of the view that Due to no guidelines, the money is used according to what the Assembly will agree on. Sometimes these projects may not benefit those affected by the negative effect of mining. For instance, when we were sent to the Public’s Account Committee we were told that we were not supposed to use the money for MCE bungalow and the arch of welcome to Obuasi. This was all because there are no guidelines for the use of the fund (Budget Officer, 25th march, 2015) Lack of guidelines on how to use the MDF has given discretion to the Obuasi municipal Assembly on how to utilize mineral royalties from the fund. This has put more power in the hands of the Assembly in relation to the mining affected communities; hence, the utilization of mineral royalties has been in the interest of the OMA. This gives credence to the political ecology theory that the unequal sharing of benefits is as a result of unequal power relations Bryant, 1998; Walker, 1991). It shows that framework established to ensure equitable sharing of benefits have rather served the interest of the minority have not addressed the power dimensions in mining areas (Tsuma, 2010). In effect the Municipality uses the money to fund projects that are not appropriate. For instance, mineral royalties were used for the construction of MCE bungalow and the arch of welcome to Obuasi although these uses did not benefit the mining affected communities. This confirms that the fund would amount to nothing if the institutions regulating the use of the fund are unavailable (Weinthal & Luong, 2006). University of Ghana http://ugspace.ug.edu.gh 97 5.1.4 Inadequate mineral royalties Another challenge that affects the effective utilization of the MDF is the insufficient nature of the funds released. Mining has direct and indirect impacts on the livelihoods of the people in the entire Obuasi. In some instances, some mining communities are the centre where mining operations are directly undertaken and in certain communities, the waste product from mining activities are dumped there although mining does not directly take place there. So it would be necessary if the monies sent to the Municipality to take care of mining affected areas are increased. This is how one of the officials of the assembly puts it It’s also inadequate in the sense that almost all the communities are affected with the mining negative effects of mining. If the community is not inside the mining area, then the waste product are thrown into some of the communities. In other communities, they have their finite there and the stations there This shows that a lot of communities are affected by the negative impacts of mining activities although they may not be the areas where the mining operations were undertaken. This then makes the receipt of mineral royalties from the MDF insufficient. Although the ICMM report (2007) mentioned Bibiani and Akim North as some of the few areas that received small amounts from the MDF, the case of the OMA could be because the impacts of mining on the livelihoods of the people have increased overtime. 5.1.5 Weak Enforcement Mechanisms Poor monitoring of projects is one of the factors that hinder the effective utilization of royalties at the local level. Unlike the common fund where the administrator visits the sites where the projects are being undertaken to monitor the progress of the work, this is not the University of Ghana http://ugspace.ug.edu.gh 98 case for the MDF disbursed to the Assemblies. The money is disbursed and there is no supervision from the office of the administrator of stool lands (OASL) on the projects that are being undertaken by the Municipality or how the money is being utilized by the Assembly. In some cases, these have led to shoddy projects. One of the officers disclosed that With the common fund there’s the common fund administrator who visits the site regularly. Apart from our Municipal monitoring team, we have regional coordinating council and the ministry of finance. However with the MDF this is not so, the OASL releases the money and monitoring is not done by them. In view of this, some of the projects that have been undertaken with the money are shoddy work. Some of the contractors did shoddy work and some of the projects cannot be used. For example the bridge at Kwabrefoso cannot be used because the urban roads realised that long vehicles could not use the roads. Due to poor supervision contractors sometimes undertake projects that are shoddy. In the case of the bridge at Kwabrefoso, because it was constructed poorly, long vehicles cannot use the bridge. This means that the resources that have been invested into the building of the bridge have become waste as the bridge there has been abandoned. This confirms the report by the ICMM (2007) that sometimes there is a disjoint between the capacity of the local authorities and their ability to enforce the objectives of the fund. 5.2 Challenges Faced By the Traditional Authorities in the Utilization of the MDF The challenges that chiefs encounter in the utilization of mineral royalties would be discussed below. The challenges encountered by the chiefs in the utilization of the MDF are the sharing of money according to ranks in the chieftaincy system, insufficient funds and delays in the receipt of mineral royalties. University of Ghana http://ugspace.ug.edu.gh 99 5.2.1 Sharing of money according to ranks Sharing of mineral royalties according to ranks in the chieftaincy institution is one of the challenges that have inhibited the effective utilization of royalties for development. Although the decision to distribute mineral royalties to the chiefs is for development purposes, receipt of mineral royalties is shared according to hierarchy in the chieftaincy body. The sharing of money among the chieftaincy institution exhibits the politics of neopatrimonialism as funds are shared among the chiefs based on personal ties at the expense of the mining affected communities who are not part of the group. This might explain why a chief would receive as low as 50 Ghana cedis as mineral royalties for development purposes. One chief revealed that When you take akokere division, it’s made up of Kusa, Borbriase, Odumasi and others so they share the money from the top before its get to my turn. Sometimes I get 50 Ghana Cedis as royalties. Although the money is shared from the top, it is the chiefs who are close to mining areas that receive the least of the money shared because they are the Odikro’s for the area. This data was confirmed by some of the Assembly Members of Obuasi municipal. One of them opined that ‘I know from the OASL the money would go to Otumfuo, Adansi, Fomena, Akokeri, Edubuase before it comes down to our Odikros’(Assembly Member, 27th march, 2015). This means that those who are at the top of the hierarchy receive more of the money as compared to those below which emphasize the point made by the political ecology theory that the benefits or cost of resource extraction are a product of unequal power relations (Bryant, 1998; Walker, 1991). The sharing of mineral royalties according to ranks would definitely inhibit the development objective attached to the disbursement of the fund. Even after several years of disbursement no improvement in the livelihoods of people would be seen. The sharing of mineral revenues according to ranks confirms the finding made by Hilson & Standing (2013) that chiefs use the monies personally rather University of Ghana http://ugspace.ug.edu.gh 100 than the expectation of their residents. It also supports the assertion that, the framework to ensure equitable distribution of benefits has rather fostered the interest of the minority and have not addressed the power dynamics found in mining areas (Tsuma, 2010). It also confirms the assertion that poor developmental outcomes is evident in countries with low institutional quality (When the institutional barriers for rent seeking activities are unavailable) while its non-evident in countries with high institutional quality (Mehlum, Moene & Torvik, 2006). 5.2.2 Insufficient Money The data gathered from the traditional authority, also showed that money received as mineral royalties from the government are inadequate. One of the respondents passionately said that they know the government is cheating them and it would therefore be necessary if the government changes the whole sharing system of the MDF to one that would be favourable to the chieftaincy institution and the Assembly. One of the chiefs pointed that The mineral royalties is inadequate to commensurate for the land we give out for mining. I know the system for sharing the royalties what comes to the chief and the Assembly is just peanuts. What are we going to do with this? I think the share of mineral royalties should be revised by the government. They should share it in the ratio 60, 20, 20. So that at least the Assembly and the chiefs could share 20% of the royalties. At the moment we feel that we are being cheated by the government, because we face all forms of hazards in relation to mining activities (Chief, 27th march, 2015). The current system of sharing mineral royalties to the chiefs and the assembly are seen as not being favourable to mining communities as they are the people who bear most of the negative effects of mining activities, hence, the need for a revision on how mineral royalties are utilized. This give credence to the assertion that chiefs are unable to embark University of Ghana http://ugspace.ug.edu.gh 101 on development projects because of the unfair share of mineral royalties received (Akabzaa, 2009). 5.2.3 Delays in the release of funds Like the Municipal Assembly, Chiefs face the problem of delays in the release of the funds. There are still arrears for the year 2013 and 2014 in addition to 2015. This information was gathered from the chief of one of the mining areas. He was of the view that ‘The flow is not consistent. In 2013 we received one quarter and we have not received any thing till date’ (Chief, 27th march, 2015). The delays in the receipt of the funds would inevitably affect the implementation of project in these mining affected communities and consequently affect the development process in the community in question. 5.3 Accountability and MDF Utilization This section examines the extent to which District Assemblies and chiefs are held accountable in the use of the mineral royalties from the MDF. It specifically looks at the extent to which the constitution enhances accountability in the use of mineral royalties, the role of GHEITI, the role of guidelines in the use of the fund and the awareness and involvement of the residents in the utilization of the fund. 5.3.1 Poor legal framework The 1992 constitution of Ghana has given a formula for the sharing of mineral revenues which is found in article 267. The constitution states that ten percent of the revenue accruing from stool lands shall be paid to the office of the Administrator of Stool Lands to University of Ghana http://ugspace.ug.edu.gh 102 cover administrative expenses; and the remaining revenue shall be disbursed in the following proportions-(a) twenty-five percent to the stool through the traditional authority for the maintenance of the stool in keeping with its status; (b) twenty percent to the traditional authority; and (c) fifty-five percent to the District Assembly, within the area of authority of which the stool lands are situated. However, the utilization of mineral royalties ‘for the maintenance of the stool in keeping up with its status’ is not clear. Due to this, most of the chiefs have understood it to mean “that it is legitimate to pay for regalia and the trappings of royalty – limousines, jewellery and ceremony” (ICMM, 2007, pp 77). This makes it difficult to hold chiefs accountable in the use of mineral royalties. Although the constitution of Ghana states that those who manage public, stool, skin and family lands are supposed to act to benefit the people and are supposed to be accountable, the constitution does not clearly state how these leaders should be held accountable. Art 35(8) of the constitution of Ghana states that The State shall recognise that ownership and possession of land carry a social obligation to serve the larger community and, in particular, the State shall recognise that the managers of public, stool, skin and family lands are fiduciaries charged with the obligation to discharge their functions for the benefit respectively of the people of Ghana, of the stool, skin, or family concerned and are accountable as fiduciaries in this regard. This shows that the extent to which chiefs are held accountable in the use of the fund have been limited by the constitutional provisions of Ghana. It also supports the assertion by Marfo et al (2012) that although there is a constitutional provision for the sharing of benefits among the District Assemblies and the chiefs, there is no provision made by the constitution as to the distribution and accountability of the revenues among stakeholders. This clearly exhibits a weakness in our institutions of governance and supports the assertion that the fund would amount to nothing if the institutions regulating the use of the fund are unavailable (Weinthal & Luong, 2006). The inability of the constitution to University of Ghana http://ugspace.ug.edu.gh 103 explicitly state the way in which chiefs should be held accountable in the utilization of the fund and their role in the development process clearly exhibits the inability of our constitution to restrain chiefs from engaging in rent seeking activities with regards to how the funds and hence poor developmental outcomes in mining affected communities (Mehlum, Moene & Torvik, 2006). 5.3.2 Unawareness of the fund and non-involvement of residents in decision making The study found out that most of the residents in mining affected communities are not aware that mineral royalties are distributed to the local leaders and not involved in decisions relating to the use of the fund. In view of this, residents in the mining affected communities are not able to question the Assembly and the Chiefs as to how mineral royalties have been utilized. This has further given the Assembly and the Chief’s discretion as to how the fund is utilized. This shows that EITI’s role in making sure that there is transparency in the utilization of mineral royalties have been limited. 5.3.3 No guidelines for the use of the of the fund Due to the absence of clear guidelines on how the fund is to be utilized, the Assembly and chiefs have utilised the money according to their discretion. The outcomes therefore for the Assembly is that, projects that have been undertaken have not benefited communities that are directly affected by mining activities. The chiefs on the other hand, have utilised funds personally at the expense of their communities. This support’s the assertion that fund would amount to nothing if the institutions regulating the use of the fund are unavailable (Weinthal & Luong, 2006). One of the officials noted that There are no guidelines with regards to the use of the MDF. So when we called to the Public Accounts Committee, the woman in University of Ghana http://ugspace.ug.edu.gh 104 charge of OASL was challenging the MP that there’s no legally bound MDF (Budget Officer, 25th March, 2015) Due to the absence these guidelines, there is no benchmarking to ensure that funds are used properly, hence limiting the extent to which the districts can be held accountable in the use of the fund. This supports the argument that countries with institutions that enhance accountability and state competence will tend to enjoy from resource booms since these institutions ameliorate the perverse political incentives that such booms create (Robinson, Torvik & Verdier, 2006). 5.3.4 Ghana’s Extractive Industry Transparency Initiative (GHEITI) The information gathered from the respondents also showed that EITI also holds the OMA accountable through the publishing of the revenues received as mineral royalties and its corresponding expenditure. This point was brought to bear by two top officials from the OMA. One was of the view that ‘GHEITI is an oversight body that publishes how we have utilized the funds among the districts’ (Assembly Member, 25th march, 2015) According to the GHEITI report, the main aim for doing this is to enhance transparency as to how mineral revenues are utilized. However, GHEITI’s activities have been limited to the District Assemblies, mining companies and OASL. Therefore traditional authorities continue to misuse the funds meant for local level development. Making information on mineral revenues and expenditure available to citizens as a way of enhancing accountability and transparency in natural resources has been questioned. Standing & Hilson (2013) have argued that making information available is not the key to issue to address. Rather ‘the problem is one of agency and the inability of people to have influence through exit, voice or voting mechanisms.’ University of Ghana http://ugspace.ug.edu.gh 105 5.3.5 Chiefs For the chiefs there are no mechanisms for accounting for the funds, as the money is shared amongst the hierarchy according to one’s position. Currently, they do not have any oversight body that makes sure that the funds are properly used. Therefore, most projects undertaken have benefited minority interests (chiefs) at the expense of the people. This confirms the findings of standing & Hilson (2013) that there no mechanism to enhance accountability and transparency in the funds paid to chiefs and that of Morghandi (2008) that there are no guidelines to make sure funds are accounted for by the traditional authorities. These support the assertion that poor developmental outcome is evident in countries with low institutional quality (when the institutional barriers for rent seeking activities are unavailable) while it’s non-evident in countries with high institutional quality (Mehlum, Moene & Torvik, 2006). Generally, there seems to be poor accountability mechanism at the local level to make sure that funds are used properly. Summary This chapter investigated the challenges the OMA and the chiefs’ encounter in the utilization of the MDF for development purposes and the extent to which they are held accountable in the use of the fund. The challenges encountered by the OMA in the utilization of the fund for development purposes are fluctuations and delays in mineral royalties, absence of guidelines, inadequate mineral royalties and weak enforcement mechanisms to make sure funds are utilized properly. The chiefs encounter delays in the receipt of mineral royalties, sharing mineral royalties according to ranks and inadequate mineral royalties. The extent to which they are held accountable have been limited by poor legal framework, absence of guidelines in the utilization of the fund, unawareness and non-involvement of residents on royalty utilization and the weak role of EITI. University of Ghana http://ugspace.ug.edu.gh 106 CHAPTER SIX SUMMARY OF FINDINGS, RECOMMENDATIONS AND CONCLUSIONS 6.0 Introduction This study looked at how mining has enhanced development in Ghana by using the MDF as case study in the Obuasi municipal assembly. The study specifically looks at the factors that led to the establishment of the MDF, it uses and challenges encountered in the use of the MDF by the OMA and Chiefs and the extent to which the OMA and the Chiefs are held accountable in the use of the fund. This chapter is the final section of this research and it presents the summary of findings, recommendations for the way forward, theoretical contribution and conclusion for this work. 6.1 Summary The study found at that the main factors that led to the establishment of the MDF are mainly economic and environmental factors. The economic factors were the expansion of mining activities, government attracting much revenue and the need to sustain the sector, the environmental dealt with the need to compensate those who bear the negative impacts of mining activities and land owners and a shift to surface mining. In terms of how the OMA and its chiefs had utilized mineral revenues, it was found out that the Obuasi municipal assembly has used its share of mineral royalties for the general development of the municipality rather than for mining affected communities. The areas of development focused on scholarship schemes, educational infrastructure, health, waste management, general infrastructure and sanitation with educational infrastructure, scholarship schemes and Waste Management being the major utilization of mineral University of Ghana http://ugspace.ug.edu.gh 107 royalties for the period of between 2006- 2012. The chiefs including the odikro’s on the other hand, have used their share of mineral royalties personally due to the insignificant amount received by them. The beneficiaries of mineral royalties have rather been a product of power relations rather than stated structures (the requirements of the MDF). This is because the educated, the influential and those who are rich, have benefited at the expense of the mining communities who are the vulnerable. In the utilization of mineral royalties for development purposes the challenges encountered by the OMA are fluctuations in mineral royalties, delays, absence of guidelines as to how to utilize mineral royalties, poor monitoring of projects, and insufficient monies for development. The challenges chiefs face in the utilization of the MDF are delays in the receipt of mineral royalties, inadequate monies compared to damaged caused by mining and the unawareness of some chiefs about the existence of the facility, chieftaincy dispute and the sharing of money according to ranks in the chieftaincy system. In terms of the extent to which the chiefs and the OMA are held accountable, this has been limited due to poor legal framework, absence of guidelines in the utilization of the fund, unawareness and non-involvement of residents on royalty utilization and the weak role of EITI. The chiefs on the other hand, have no oversight body to make sure funds are accounted for and mechanisms for accounting for the funds. Additionally, the administrative fiat that established the MDF did not establish any oversight body. 6.2 Theoretical contribution This study used the theory of political ecology to explain why the benefits from mineral royalties have benefited the minority at the expense of the majority of the people. This University of Ghana http://ugspace.ug.edu.gh 108 study found out that unequal power relation in terms of the power of information and political power have been one of the major reasons why mining affected communities have not benefited from mineral royalties. Therefore this research supports the argument made by the political ecology theory that unequal power relations is the reason why the benefits and costs of resource extraction are distributed unequally (Bryant & Bailey, 1997; Bryant, 1998). The study contributes to the neo-patrimonial literature by showing that chiefs in particular, share the funds among themselves rather than acting to the dictates of the constitution. Therefore utilization of mineral revenues has benefited chiefs at the expense of the majority of the people found in mining affected communities. The study also contributes to the resource curse literature by showing that one of the reasons why resource rich countries have not been able to transform their wealth into positive economic outcomes is due to weak institutions (Mehlum, Moene & Torvik, 2006; Robinson, Torvik & Verdier, 2006). The study found out that there is no legal framework and the absence of guidelines as to how the funds should be utilized. Additionally, the constitution, which provides the mechanism for sharing of revenues does not state how these funds should be distributed and accounted to their relevant stakeholders. This therefore limits the extent to which the OMA and the chiefs can be held accountable in the use of the fund. This is a clear sign of institutional weakness as institutional frame work does not emphasize “oversight, transparency, and accountability” (Weinthal, & Luong, 2006). University of Ghana http://ugspace.ug.edu.gh 109 6.3 Recommendations Based on the findings from the OMA it seems that a lot of people do not have knowledge that government of Ghana distributes a percentage of mineral royalties collected from the mining companies to the chiefs and the MMDAs for the purposes of development in mining affected communities. This calls for the need for civil society groups, the ministry of lands and natural resources to educate the people who are supposed to be the beneficiaries of the MDF. This could be done through community forums, house to house campaign and the media (radio and television). This would help to sensitize people about their rights and privileges. There is the need for the government in power to pass the MDF bill in parliament. This would make it possible for the local authorities to put pressure on the government to give them what is due them. Additionally, backing the MDF with a law would prevent arbitrary discretion in the use of the MDF and would make it possible to demand accountability in the use of the fund. Guidelines have to be created for the MMDAs by GHEITI in the use of the MDF disbursed. Guidelines would prevent MMDAs from using their share of mineral royalties for recurrent expenditures and other uses that does not really benefit the mining affected communities. Also guidelines can serve as benchmark by which actual use of the fund could be compared to the stipulated guidelines. Delays and fluctuations that are associated with the receipt of the MDF at the local level should be addressed. This is because delays in the receipt of mineral royalties tend to affect the planning and budget preparation of the assembly. Delays in receipt of the funds also inevitably affect the implementation of projects earmarked for that fund. University of Ghana http://ugspace.ug.edu.gh 110 The people who are supposed to be the beneficiaries of the MDF are supposed to be involved in the decision making process of how mineral royalties would be utilized. This is because the money received by the assembly is for the people affected by mining operation. This would enable the local authorities to be more accountable in the use of the fund and to make the people aware of the projects that are being undertaken using the fund. The chief’s role in the development process in Ghana should be clearly spelt out by the constitution. This is because the dictates of the constitution has made it unclear as to how chiefs should use their share of mineral revenues. In some cases the use of mineral revenue for the maintenance of the stool has been understood to mean by some chiefs that it was legitimate for them to advocate personal use of the resources. It should be made mandatory for chiefs and MMDA’s to operate a separate account for mineral royalty. On the part of the Assembly, it will prevent them from using mineral revenues for recurrent expenditure and make it possible to track the utilization of the money for chiefs and the Assembly respectively. There is the need to form a committee that would be mainly concerned with the utilization of mineral royalties. This should consist of representatives from mining affected communities, Assembly Members of the mining affected communities and core official of MMDAs. This would provide the opportunity for the affected communities not to only take part in community hearings and needs assessment but also to make sure that their needs are catered for. University of Ghana http://ugspace.ug.edu.gh 111 The current system of sharing mineral revenues between the government and its local actors should be reviewed in favour of the communities affected by mining operations. Instead of the 20% being allocated to the MDF, it would be better if this was shifted to at least 30% so that the local level authorities would receive enough revenue to contribute meaningfully to development in the mining affected communities. The current bill in parliament must be adjusted so that the MDF would constitute 30% of mineral royalties paid to mining affected communities. The MDF bill in parliament should also create a separate body like the common fund administrator that would be solely responsible for providing oversight on how the fund disbursed into the fund and monitor projects that are ongoing to make sure that these projects are of good quality. Mineral royalties disbursed for development in mining affected communities should not be solely put in the hands of the MMDAs and the traditional authorities. Rather a board must be set up that would comprise the chiefs, the district assembly and some selected community members who would have the mandate of reporting to the community members on the amount received from the fund, deciding with community members how the money would be utilized and involving them in implementation, monitoring and maintenance of the projects. The accountability institutions like the Auditor General, Public Accounts Committee and EITI must be strengthened in order for them to carry out their duties well. They must also come out with clear sanctions on the misuse of mineral revenues and make sure it is enforced no matter who the culprit is. University of Ghana http://ugspace.ug.edu.gh 112 6.4 Conclusion This study found out that mining affected communities have not really benefited from mineral royalty utilization in the OMA. This is because residents in these communities lack the power of information on the existence of the fund and are not involved in the decision making related to the utilization. Furthermore, the constitution which provides the framework for the sharing of mineral royalties does not provide the method of distributing mineral revenues as well as the way of accounting to their relevant stakeholders on how these monies are utilized. Besides, due to the absence of guidelines and legal backing for the fund, decisions relating to the utilization of the fund are based on the discretion of the local authorities (OMA and the chiefs) hence a reflection of their interest. University of Ghana http://ugspace.ug.edu.gh 113 REFERENCES Addy, S. N. (1998). Ghana: Revival of the mineral sector. 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Combating the resource curse: An alternative solution to managing mineral wealth. Perspectives on Politics, 4(01), 35-53. Yin, K. (1994) .Case Study Research Design and Methods. Sage Publications, Newburry Park Ca University of Ghana http://ugspace.ug.edu.gh 125 Appendices A -Interview Guide RESPONDENTS MAIN QUESTION SUB-QUESTIONS NATIONAL LEVEL  Minerals Commission  Ministry of Lands and Natural Resource  Ghana Chamber of Mines  Steven Mantheaw (ISODEC)  Yaw Graham (TWN)  Thomas Akabzaa What are the factors that led to the establishment of the MDF?  Why was the MDF established?  Why was it established in 1993?  Why was it established by an executive fiat  Did the return to multi- party democracy play a role as the fund was established at the same time?  Was it established as result of the expansion of mining activities  Whose idea was it? Bretton woods institution? Foreign investors or companies? Ministry? University of Ghana http://ugspace.ug.edu.gh 126 Obuasi Municipal Assembly How have DA’S utilised MDF from 1993 to date?  How long has your municipality been receiving royalties from MDF?  How has the royalties received being utilised?  Do you set it aside for specific expenditures?  What is the nature of these expenditures?  What informs the choice of these expenditures? Das budget? Community needs assessment? Community appraisals?  How are community members involved on how the fund is utilised?  Are there any internal controls to make sure funds are accounted for?  Are they operated as separate accounts? University of Ghana http://ugspace.ug.edu.gh 127 What are the challenges DAS encounter in the use of the fund? How das are held accountable on the utilization of the fund?  What are some challenges encountered in the use of the fund?  Are the flows of fund consistent?  Do the das experience year to year fluctuations in the receipt of funds?  Do you encounter delays in the receipt of funds?  How does this affect the usage of the fund? Budgeting and implementing projects  How is accountability ensured in the use of the fund?  Are there any internal controls?  What forms do these mechanisms take?  Is there any external oversight body to make sure funds are utilized properly in the municipality?  What forms does this take? Probing - Auditing and publishing accounts? University of Ghana http://ugspace.ug.edu.gh 128 Chiefs  How have traditional authorities utilised the MDF from 1993 to date? What are the challenges Chiefs encounter in the use of the fund? How traditional authorities are held accountable in the utilization of the funds?  Do you receive mineral royalties from the Mineral Development Fund (MDF)?  Do you have a general idea about how the mineral royalties from the MDF are to be used?  How much have you received as mineral royalties from 1993 to date?  How has the amount received from 1993 to date been used?  Are the residents involved on how the royalties are being used?  What specific challenges do you face in the use of the funds?  Are the flows of fund consistent?  Are the year to year fluctuations in the receipt of fund?  Are the delays in the receipt of funds?  How do these challenges affect the utilization of the funds? Probing -Planning and implementation of projects?  What specific mechanisms have been put in place to ensure that funds received are accounted for?  Are the central government controls on how the funds University of Ghana http://ugspace.ug.edu.gh 129 are to be accounted for?  Is there any oversight body that makes sure funds are accounted for? University of Ghana http://ugspace.ug.edu.gh 130 QUESTIONS FOR COMMUNITY MEMBERS 1. Do you have any idea or knowledge about the existence of the fund? 2. Do you have any idea on what the fund is to be used? 3. Do the municipal assembly and the chiefs involve you on how the fund is utilised? 4. Do you know how the funds are utilised? 5. Do you know some of the uses of the fund by the das and chiefs? 6. Who do you think are the beneficiaries of the fund? 7. Why do you say so? 8. Do you think chiefs should use their share of the fund for community development? 9. Why do you say so? 10. Do you think Chiefs and DAS can be held accountable for the use of the fund? Why? 11. How could they be held accountable? University of Ghana http://ugspace.ug.edu.gh