Stakeholder Engagement and Grievance Mechanisms for Mineral Resources in Ghana

The document analyzes Ghana's mechanisms for stakeholder engagement in mining, including parliamentary ratification and public hearings, and evaluates dispute resolution options such as Alternative Dispute Resolution (ADR) and judicial recourse. It highlights critical gaps, such as the exclusion of environmental disputes from ADR and the lack of prosecutorial power for the Minerals Commission.

• Stakeholder engagement in Ghana's mineral resource management occurs through parliamentary ratification of mining leases, which is a constitutional requirement for leases to become effective; failure to ratify renders a lease "void with no rights arising therefrom".
• Public hearings are required during the environmental permit application process if the EPA determines there is "risk of significant environmental impact", resettlement of communities, or adverse public reaction. These hearings are conducted by a panel of three to five people, at least one-third of whom must reside in the affected area.
• The legal regime encourages Alternative Dispute Resolution (ADR)—including negotiation, mediation, and arbitration—for disputes between mineral right holders and the state, though these mechanisms are not applicable to the non-payment of royalties, ground rent, or other required payments.
• Landowners are entitled to compensation when mineral rights are granted over their land. If negotiations fail, the Minister may determine the amount, and dissatisfied parties may seek a review through the High Court.
• Public hearings are identified as insufficient because they occur only at the Environmental Impact Assessment stage and cannot "halt or otherwise prevent mineral exploitation" during the initial grant of mineral rights.
• A significant legal gap exists because the ADR Act "expressly excludes the environment as a subject matter of ADR processes", forcing parties to use the slower court system for environmental grievances.
• The Minerals Commission lacks the technical capacity to prosecute mining offences, such as 'fronting' (where foreigners conceal their ownership of artisanal mining licences), because prosecution is handled by the Ghana Police Service or Attorney-General.

APA

Martey, D., Godts, R., Akapame, C. K., Ichou, B., & Norteye, R. P. N. S. (2024). Stakeholder Engagement and Grievance Mechanisms for Mineral Resources in Ghana. ClientEarth. https://www.clientearth.org/media/qccjfrss/ghana-mining-briefing-3.pdf

Chicago

Martey, Dennis, Raphaëlle Godts, Clement Kojo Akapame, Benjamin Ichou, and Ruth Pauline Naa Shormeh Norteye. Stakeholder Engagement and Grievance Mechanisms for Mineral Resources in Ghana. ClientEarth, 2024. https://www.clientearth.org/media/qccjfrss/ghana-mining-briefing-3.pdf.

Wikipedia

{{cite report |last1=Martey |first1=Dennis |last2=Godts |first2=Raphaëlle |last3=Akapame |first3=Clement Kojo |last4=Ichou |first4=Benjamin |last5=Norteye |first5=Ruth Pauline Naa Shormeh |title=Stakeholder Engagement and Grievance Mechanisms for Mineral Resources in Ghana |publisher=ClientEarth |date=June 2024 |url=https://www.clientearth.org/media/qccjfrss/ghana-mining-briefing-3.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{martey2024stakeholder, author = {Martey, Dennis and Godts, Raphaëlle and Akapame, Clement Kojo and Ichou, Benjamin and Norteye, Ruth Pauline Naa Shormeh}, title = {{Stakeholder Engagement and Grievance Mechanisms for Mineral Resources in Ghana}}, institution = {ClientEarth}, year = {2024}, month = jun, url = {https://www.clientearth.org/media/qccjfrss/ghana-mining-briefing-3.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }