By Richard Attenkah
Mrs. Hannah Owusu-Koranteng, Associate Executive Director of WACAM, a civil society organisation, has called on the government, as a matter of urgency, to put a stop to the compulsory take-over of properties, especially, land for mining, and comply with the law of Free Prior and Informed Consent (FPIC).
The FPIC, which is now a key principle in international law, is the rule that a community has the right to give or withhold its consent to proposed projects that may affect the lands they customarily own, occupy, or otherwise use.
The FPIC implies informed, non-coercive negotiations between investors, companies or governments and indigenous people, prior to the development and establishment of oil palm estates, timber plantations, or other enterprises such as mining on their customary lands.
This principle means that those who wish to use customary lands belonging to indigenous communities must enter into negotiations with them. It is the communities who have the right to decide whether they will agree to the project or not, once they have a full and accurate understanding of the implications of the project on them and their customary lands.
As most commonly interpreted, the right to FPIC is meant to allow indigenous people to reach a consensus and make decisions according to their customary systems of decision-making.
She disclosed that unfortunately, mining companies, using fiats and other coercive means from the government, have forcefully taken over lands belonging to the local people without their consent, which is against the FPIC law.
Speaking at a two-day seminar, aimed at equipping the media with laws governing mining in the country in Tema, Mrs. Owusu-Koranteng said land must be acquired taking into account the constitutional provision in Article 20 (2); Act 586 (2000).
Section 2 (a) of the above act states: “The taking of possession or acquisition, if necessary, in the interest of defence, public safety, public order, public morality, public health, town and country planning or the development or utilisation of property in such a manner as to promote the public benefit; and
(b) “The necessity for the acquisition is clearly and is such as to provide reasonable justification for causing any hardship that may result to any person who has an interest in or right over the property.”
According to her, the act should link the FPIC to section 13 of the act, because it would help bring community people in our mining areas on board to help take proper decisions that would affect their lands and livelihoods.
She hinted that notices should not only be given after the applications have been approved, but also more importantly, after the license has been given, adding this is important because land owners and users have a right to apply and be paid compensation for the use of their lands and the destruction of their properties.
Continuing, the WACAM Associate Executive Director said because most of the rural communities in the country depend on streams and rivers for their livelihoods, the state should not empower mining companies operating in the country with provisions in the act.
“The state should think of habitats of aquatic life and the socio-cultural implications of such blanket provisions. The provisions should be struck out of the act, and measures to protect water bodies be inserted instead,” she noted.