Minerals Commission Engages Upper East Regional House of Chiefs on Minerals and Mining Policy Reforms
Prof. Kumah emphasizes inclusive dialogue to ensure effective, future-proof policy outcomes
- Mining laws and policies are undergoing major reforms to align with global standards and national interests
- Traditional leaders are being actively engaged to ensure inclusive and participatory policy development
- Proposed amendments include community development funding, gender inclusion, and environmental safeguards
The Advisor to the Minister for Lands and Natural Resources, Prof. Jerry Kumah, has emphasized the need to engage with the Upper East Regional House of Chiefs with the deliberate intention of harnessing their collective expertise and insights.
These contributions will inform the formulation of a comprehensive report to be presented to Parliament.
This report, in turn, will serve as a foundational document for stakeholder deliberations aimed at refining the legislative framework, thereby ensuring that the resultant policy is both efficacious and forward-looking, he stated.
Prof. Kumah noted that the regulatory framework governing Ghana’s mining sector is vested in the Ministry of Lands and Natural Resources, the Minerals Commission, and the Environmental Protection Agency, which are mandated to ensure compliance with the country’s Constitution.
The Minerals and Mining Act, 2006 (Act 703) and its subsequent amendments—having been in effect for nearly two decades—require a comprehensive review to align with current global trends, national policies, and evolving best practices in the mining sector. Similarly, the Minerals and Mining Policy of 2014, now over 11 years old, also requires a review, as it was originally intended to be updated every five years.
He underscored the paramount importance of active participation from all attendees, noting that their contributions are pivotal to shaping a policy that is comprehensive, well-informed, and responsive to the diverse needs of stakeholders.
“In this regard, I would like to express my profound gratitude to each and every one of you for your presence and engagement in this critical stakeholder meeting, and to acknowledge the invaluable role you will play in shaping the future of our mining sector,” he added.
Mr. Benjamin Aryee, former Chief Executive Officer of the Minerals Commission and Advisor to the Minister, presented a comprehensive review of the 2014 Mining Policy, highlighting key new provisions. These include the introduction of a Green/Critical Minerals Policy, which emphasizes sustainable mining practices, and addresses emerging global trends such as climate change and the increasing importance of Environmental, Social, and Governance (ESG) standards.
Additionally, the review covers new government policies, including the innovative concept of Cooperative Mining and the recategorization of mining through the establishment of a medium-scale category.
He emphasized that the convergence of global trends—such as climate change and the growing demand for transition minerals—along with the challenges experienced in implementing the policy over the past decade, necessitates a paradigm shift in Ghana’s approach to mining.
The Minerals and Mining Policy is anchored on the following principles:
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Local Content: Promoting the participation and development of local stakeholders in the mining sector.
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Transparency and Accountability: Fostering trust and confidence through transparent and accountable mining operations.
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Equitable Development: Ensuring fair distribution of mining benefits and safeguarding the rights of host communities.
Effective consultation with mining communities remains critical to achieving the government’s objectives, which include:
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Socially Acceptable Balance: Balancing mining with environmental protection under a clear regulatory framework.
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Occupational Health and Safety: Reducing hazards associated with mining.
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Elimination of Child Labour: Banning child labour in line with international best practices.
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Environmental Protection: Mitigating mining’s environmental impact, including promoting mercury-free machines in artisanal and small-scale mining (ASM) per the Minamata Convention.
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Public Health: Combating diseases like HIV/AIDS, malaria, tuberculosis, silicosis, and pandemics such as Mpox in mining communities.
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Revenue Sharing: Ensuring fair revenue distribution and encouraging investment in the sector.
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Technology Promotion: Supporting the use of safe, affordable technologies in mining, particularly in ASM, to benefit investors and host communities.
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Value Chain Development: Supporting infrastructure development and adopting a full value chain perspective for sustainable growth.
Proposed Amendments to the Minerals and Mining Act, 2006 (Act 703)
Mr. Josef Iroko, Legal Manager, presented the Proposed Amendments to Act 703, emphasizing the importance of integrating gender-sensitive approaches and ensuring the mainstreaming of gender considerations in the mining sector.
He outlined key amendments aimed at strengthening Ghana’s mining laws:
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Community Development Agreement (CDA): Mandating the allocation of 1% of mining companies’ revenue for equitable community development.
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Medium-Scale Mining Category: Introducing a new classification to bridge the gap between small-scale and large-scale mining, with clearer qualification standards.
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Review of Existing Contracts: Renegotiating mining contracts to ensure fairness and alignment with national interests.
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Environmental and Operating Permits: Requiring environmental permits from the EPA and operational permits from the Chief Inspector of Mines before commencement.
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Prospecting Licenses and Mining Leases: Limiting prospecting licenses to nine years and mining leases to fifteen years.
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Decentralization: Decentralizing Minerals Commission services to improve accessibility and support for small-scale miners.
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Local Content Development: Enhancing community benefits from mining to foster inclusive growth.
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Fiscal Transparency: Reforming fiscal policy to ensure fair revenue sharing and improve financial accountability.
These amendments are designed to create a more inclusive, transparent, and sustainable mining sector that significantly contributes to Ghana’s national development. The review process includes broad consultations with stakeholders such as regional houses of chiefs, academia, civil society organizations, and small-scale miners.
The President of the Upper East Regional House of Chiefs, Pe Ditundini Adiali Ayagitam III, expressed his strong support for the proposed legislative amendments, lauding the government’s commitment to inclusive policy formulation and recognizing the vital role of traditional leaders in shaping Ghana’s mining landscape.
“We take pride in being integral to this discourse and are enthusiastic about contributing to the future trajectory of responsible mining in our nation, thereby ensuring a sustainable and equitable exploitation of our mineral resources,” the Chief stated.
He further noted that the gathering provided a meaningful platform for traditional custodians of the land to share their insights and expertise on the proposed amendments to the Minerals and Mining Act, 2006 (Act 703), and Ghana’s broader Mining Policy.
“We applaud the government’s consultative approach, which acknowledges our paramount role in land management and community well-being,” he added.
The Chief also raised a longstanding concern of traditional leaders: inadequate consultation in the issuance of mining leases—especially to large-scale companies. He lamented that chiefs are often informed only after critical decisions have been made, a practice that undermines their authority and weakens community trust.
He called for a more inclusive and participatory decision-making process moving forward.
