Source: The Conversation – Africa – By Cynthia Kwakyewah, Course Director in Social Science, York University, Canada
Ghana has a long history of resource extraction that has caused socioeconomic and ecological harm. The mining of gold, stones, sand and salt has displaced people, polluted the environment and destroyed livelihoods. It’s commonly believed that this continues to happen, with impunity.
But recent developments reveal a more complex reality.
As a global sociologist who specialises in human rights, corporate social responsibility and sustainable development, I mapped out the patterns of corporate abuse in Ghana’s mining, oil and gas sectors. I also looked at the strategies that local actors are using to push the state to act against firms violating their rights.
My findings show that a subtle shift is taking place in Ghana. Civil society organisations, administrative bodies and courts are changing the accountability landscape. Between 2000 and 2020, 27 human rights-related lawsuits and complaints were filed against extractive sector companies in Ghana.
The Ghanaian experience offers insights for other African countries:
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there are remedies even in environments that have weak regulations
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social activism that combines accountability with moral persuasion and legal enforcement can yield results
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African actors are producers of innovative accountability practices.
Ways to address corporate impunity and give victims access to remedies don’t have to come from the global north alone.
Violations
The study involved creating a new database of recorded allegations of corporate abuses, where the victims were in mining, oil and gas communities. The material came from the Business and Human Rights Resource Centre digital archive, a repository of complaints reported by NGOs and government institutions globally, primarily through media coverage. I then added material drawn from reputable local organisations that process complaints, petitions or lawsuits about corporate violations. I also interviewed representatives of civil society organisations and public officials.
I found that 83% of the allegations of corporate abuses were the result of the (in)actions of extractive sector firms. This contradicts the perception that most corporate human rights violations, in terms of numbers and severity, involve multinationals enabling a host government to carry out abuses.
Global reports often emphasise corruption, lack of transparency, intimidation and labour abuse. But the Ghanaian data point to a different corporate abuse pattern. Many allegations (50%) in Ghana’s natural resource sectors pertain to economic, social, cultural and solidarity rights violations. Many involve inadequate compensation to subsistence farmers for the loss of land or crops. These losses tend to mean erosion of livelihoods. Members of mining-affected communities have also reported experiences of forceful displacement.
Physical abuse allegations made up 28% of the cases; environment-related allegations comprised 15%. Health (5%) and labour (3%) related allegations were the smallest share.
Social activism
My analysis showed that Ghanaian civil society organisations have taken on roles almost like regulators. Examples include the Centre for Public Interest Law (Cepil), a human rights and environmental mining advocacy NGO called Wacam, the Centre for Environmental Impact Analysis and Third World Network-Africa.
In the absence of robust state regulations, these organisations have stepped in to fill a governance void. They document corporate misbehaviour, mobilise communities, and pursue redress through administrative and judicial channels.
Through “naming and shaming”, coalition-building, and selective litigation, they push corporations and regulatory institutions to act. For instance, following cyanide spill incidents, Wacam and Cepil combined community mobilisations with legal petitions that prompted sanctions.
Tangible outcomes
The strategic combination of activism and institutional engagement has produced tangible outcomes. Community petitions have led to company-funded remediation and fines for environmental damage. Successful court cases have compelled companies to compensate households for pollution. These outcomes illustrate how local actors are carrying out the state duty to protect and the corporate responsibility to respect human rights in pragmatic, context-driven ways.
Administrative mechanisms
Courts remain crucial in settling disputes. But administrative bodies are becoming more important. The Commission on Human Rights and Administrative Justice, which has the power to investigate human-rights violations and recommend remedies, has emerged as a trusted intermediary between communities and corporations. Its inquiries into mining-related abuses have resulted in negotiated settlements. Companies have also agreed to restore contaminated lands or water sources. These mechanisms provide redress without long legal battles.
The Environmental Protection Agency enforcement role has also expanded. In several cases, it imposed monetary penalties and temporary suspensions on companies that breached environmental permits. Such administrative measures show what can be done without going through the courts.
Judicial recognition of rights
When administrative engagement fails, civil society organisations escalate cases to the judiciary. Ghanaian courts have begun to recognise socioeconomic and environmental rights claims. These are grounded in the constitution and the Environmental Protection Agency Act.
In a notable case, a citizen urged Cepil to take legal action against a state-owned refinery for its oil spillage in a lake called Chemu Lagoon. Because environmental damage affects the public, Cepil had enough legal grounds to file a lawsuit. The ruling was in the organisation’s favour, preventing the company from legally causing further environmental pollution. Cases like this help victims and strengthen the foundations for future claims.
Strategic alliances
Grassroots activism, civil society alliances and state responsiveness can together achieve “accountability from below”. Even less powerful people can create and sustain accountability by engaging with both formal and informal institutions.
In Ghana, alliances across sectors force corporations and regulators to act, even where there isn’t strong top-down enforcement. These alliances demonstrate that local agency, not merely external pressure, can influence corporate behaviour.
– Activists in Ghana are forcing extractive firms to account for the harm they cause – corporate abuse study
– https://theconversation.com/activists-in-ghana-are-forcing-extractive-firms-to-account-for-the-harm-they-cause-corporate-abuse-study-274648
