Ghana, Africa’s biggest gold-producing country and the world’s sixth biggest, relies heavily on mining for its economic growth. The sector contributes significantly to GDP, jobs, and foreign exchange, with a total of GH¢11.69 billion in fiscal income and $7.8 billion in foreign exchange earnings in 2023. But all these funds come at a very high cost to human rights and the environment.

Human Rights Violations in the Mining Industry

Child Labor and International Law

Illegal small-scale mining, or galamsey, has driven widespread human rights abuse, most notably child labor. About 21% of children between the ages of 5 and 17 are in child labor, and many are working in dangerous mining processes. These children are exposed to toxic substances such as mercury, violating their rights under the International Labor Organization (ILO) Convention No. 182 on the worst forms of child labor.  Despite Ghana’s joining these treaties, their enforcement is not strong due to economic constraints and inefficiencies in regulation.

Displacement and Land Rights Violations

Mining activities often lead to the eviction of Indigenous peoples, stripping them of their ancestral land and vital resources necessary for survival. Such displacement violates the International Covenant on Economic, Social and Cultural Rights (ICESCR), particularly Article 11(1), which guarantees the right to an adequate standard of living, including adequate food, clothing, housing, and the continuous improvement of living conditions; rights that are inextricably linked to land and natural resources for Indigenous communities. In addition, Article 1(2) affirms that all peoples may freely dispose of their natural wealth and resources and must not be deprived of their means of subsistence, a provision directly violated when communities lose control over their land to extractive industries. Furthermore, Article 12(1) of the Covenant recognizes the right of people to the highest possible standard of physical and mental health, which is typically undermined by environmental pollution resulting from mining. Such action, particularly where not preceded by the free, prior, and informed consent of indigenous peoples, is contrary to State obligations under the Covenant. The African Charter of Human and Peoples’ Rights also acknowledges the right of individuals to freely dispose of their wealth and natural resources, which is always violated by concessions in mining.

Environmental Destruction and Legal Implications

The mining industry in Ghana has resulted in severe environmental degradation, including deforestation, soil erosion, and extensive water pollution. Approximately 60% of Ghana’s water bodies have been contaminated with toxic substances like mercury and cyanide chemicals that are most utilized during artisanal and illegal gold mining. While the Basel convention on the control of transboundary movements of hazardous wastes and their disposal obliges States to control and limit the generation and movement of hazardous waste, Ghana, being a signatory to the Convention, is responsible for the application of environmental policy and preventing the unlawful release of such chemicals. The sustained failure to effectively regulate and oversee illegal mining activities points to a State failure in ensuring the Convention obligations, particularly the obligation to prevent illegal traffic of hazardous wastes (Article 4) and to ensure environmentally sound management (Article 4, paragraph 2(b)). Therefore, while the direct violators may be non-state actors, the State is accountable under international law for failing to exercise due diligence in controlling hazardous waste pollution within its borders. While mining corporations are significant agents of environmental degradation, it is largely States that are bound under international environmental law regimes such as the Paris Agreement. The Agreement requires States to implement domestic measures to reduce greenhouse gas emissions and mitigate environmental harm, which includes regulating extractive industries. Also, the Polluter Pays Principle (Principle 16 of the Rio Declaration on Environment and Development) provides that national governments need to promote the internalization of environmental costs by polluters. Though corporations are not parties to these accords, States must embed environmental responsibility into law, monitoring, and sanctions. However, where mechanisms for enforcing compliance are weak or inadequately resourced, business actors can circumvent responsibility, violating both environmental protection regulations and the effective application of international obligations.

Regulatory Failures and Corporate Exploitation

Despite all the robust legal frameworks, whether Ghana’s Minerals and Mining Act (2006) or Environmental Protection Agency Act (1994), enforcement is weak. Corruption, loopholes in regulations, and transparency have facilitated multinationals such as Newmont Mining Corporation, AngloGold Ashanti, and Gold Fields Limited to extract resources with little oversight. Also, investment agreements favor foreign investors to the detriment of the capacity of the state to regulate environmental and human rights protection. Eco Oro Minerals Corp. v. Colombia, which was concerned with environmental protection in mining concessions in international investment law, is illustrative and encapsulates the tension between corporate and state obligations under human rights and environmental treaties.

Recommendations for Strengthening Legal and Institutional Frameworks

Ghana must prioritize the enforcement of international treaties and implement stronger legal measures to address child labor, environmental degradation, and corporate negligence. Ratification of the ILO Convention No. 169 on Indigenous and Tribal Peoples would reinforce protections for displaced communities, ensuring their rights to land, culture, and self-determination.

To combat corruption and increase transparency in the mining sector, the government must mandate public disclosure of mining contracts and revenues. Strengthening Ghana’s adherence to the Extractive Industries Transparency Initiative (EITI) would help ensure corporate accountability and prevent secret agreements that allow human rights abuses and environmental violations to persist.

Environmental obligations must be rigorously enforced, compelling mining companies to finance environmental restoration efforts. Under the polluter pays principle, corporations should be legally required to fund reforestation, water decontamination, and soil rehabilitation. Aligning Ghana’s environmental laws with international legal frameworks would impose harsher penalties on companies that fail to remediate damage.

Formalizing and regulating artisanal and small-scale mining are critical to reducing illegal mining activities. A structured licensing system should be implemented to integrate small-scale miners into the formal economy, providing them with training and access to resources while ensuring compliance with environmental and labor laws. The African Mining Vision, established by the African Union, provides a framework for promoting sustainable mining practices while protecting local communities and natural resources. The mining sector must not only generate revenue but also operate within a framework of legal, ethical, and sustainable responsibility.