Mining Natural Resources is Fuelling Human Rights Violations in West Africa
West Africa is mostly synonymous with climate-induced resource conflict in its rural and remote areas. From the Niger-Delta “creeks” to Ghana’s illegal gold mines referred to as “Galamsey”, the difference in the stories is the geography of the communities. A region blessed with abundant fertile land, natural and mineral resources to make them wealthy and catalysts of development is grappling with chaos, environmental degradation, and human rights violations that point to a “resource curse.” Legal resource extraction activities by companies and operators within the industry are contributing to environmental degradation and other issues, how much more when illegally done by non-licensed and armed groups, contrary to the ECOWAS Mining Directive of July 2009. However, the emergence of more democratic and accountable governments, along with agitation by communities and civil society groups, is contributing to efforts to better harness mining for development.
A DEEP DIVE
The mineral industry is a significant source of export earnings for many African nations. To promote exports, groups of African countries have formed numerous trade blocs, which include the Economic Community of West African States (ECOWAS), and the West African Economic and Monetary Union, and now, as a result of the military takeover in Mali, Niger and Burkina Faso, the Alliance of Sahel States.
West Africa today is the single largest gold-producing area in the world. In a bid to target this for economic benefits, there are rising concerns about inequalities, the use of forced and child labour, and the security of operations. There are instances of the rights of local communities and Indigenous peoples, especially informal workers and other vulnerable and marginalised populations being violated in this transition.
Critical minerals in the region are coming to the limelight because of the global quest for energy transition towards a green, sustainable future. In 2021, the demand for lithium surged. Lithium is one of the minerals used to make batteries for electric vehicles, solar panels, and mobile devices. The manufacturing processes of such minerals, including the management of solvent and mining waste, present significant environmental and health hazards. Mineral extraction can be fatal to aquatic life due to water pollution. It is known to cause surface water contamination, drinking water contamination, respiratory problems, ecosystem degradation, and landscape damage. It also leads to unsustainable water consumption in arid regions (1.9 million litres per ton in the case of lithium). Massive by-product generation of these mineral extraction also presents unsolved problems, such as large amounts of magnesium and lime waste. Environmental concerns include wildlife habitat degradation, potable water pollution including arsenic and antimony contamination, unsustainable water table reduction, and massive mining waste, including radioactive uranium by-products and sulfuric acid discharge.
Similarly, deforestation for fuel use and land-intensive agricultural production continue to be a significant environmental issue in many West African countries. Other causes of deforestation included the artisanal production of gemstones, lime, and sand and gravel. The construction of infrastructure is equally a driver of deforestation. In 2005 natural gas was being flared by Nigeria but later harnessed for export to Benin, Ghana, and Togo through the West African Gas Pipeline, which was expected to start regular operations at the end of 2008. This project aimed to mitigate the effects of deforestation in Benin, Ghana, and Togo and reduce emissions of greenhouse gases. This also, was the Nigerian government’s commitment to ending the flaring of natural gas, and decrease pollution.
Mining activities can result in explosions, leakage, or other release of dangerous substances into the air, water, or ground. This threatens lives and livelihoods due to the contamination of land and other resources previously depended on by local populations. Eventually, it likely forces the migration of communities away from their traditional means of living, resources, and assets. This can result in tensions if there is no full consultation and compensation arrangements that are adequate, including the amount and mechanism for distribution.
The Sinohydro-Tanoé-Ehy Forest Conflict in Côte d’Ivoire from early 2010 underscores how the activities and rapid influx of Chinese companies can outpace the regulatory framework of local host communities and lead to significant conflicts over land use, resource rights, and environmental, social and governance (ESG) gaps. It points to the necessity for inclusive dialogue with local populations as stakeholders, with full respect for the rights and needs, to achieve sustainable solutions. This serves as a critical example for understanding the complexities of foreign investment in resource-rich regions of West Africa.
DOUBLE EXPOSURE (BURDEN)
As competition among communities over diminishing natural resources increases, researchers are also concerned that the convergence of terrorism and crime related to the exploitation of natural resources will act as “risk multipliers” for radicalisation, especially in regions with pre-existing conflicts. A typology report of the Intergovernmental Action Group against Money-Laundering in West Africa (GIABA) on money-laundering and terrorism-financing links to the extractive industry noted that AlQaida had used rough diamonds from West Africa to finance its activities since the 1990s.
Many local communities do not realise their rights and roles in decision-making in land mining. They often have little say in how mining contracts and codes are formulated, even though their livelihoods are the most affected. Neither do they hold their governments to account for reinvesting mining revenues into development programs. Each country has their national mining laws, but local awareness is still poor to the extent of impeding effectiveness and enforcement.
In the Republic of Benin and Nigeria, numerous children work in the worst forms of child labour (WFCL) in artisanal mines and quarries, but the exact data on the number of child labourers in the whole of West Africa is unknown, partly due to the inaccessibility of some regions. Many of these children and others who make up the workforce have been trafficked into this hazardous form of work which exposes them to injuries and diseases while preventing them from accessing any form of education that would aid them to understand hazardous working conditions and dangerous equipment, machinery, or chemicals. Although poverty is generally considered the primary cause of child labour in Africa, lack of resources, together with other factors such as credit constraints, income shocks, school quality, and parental attitudes toward education are all associated with child labour.
Compliance with local/national law is the starting point for ensuring that international standards are met in relation to children and young people. NGOs and Civil Society Organisations have a duty of continuous advocacy, raising awareness and monitoring these standards. It is noted that few countries have proper mechanisms to regulate the impact of mining on communities. Even where environmental and compensation laws are in place, they are rarely enforced. So companies spend very little on compensation or on post-mining clean-up efforts.
Assessment and periodic audits to evaluate a project’s positive and adverse effects on local communities and examine alternatives where adverse impacts may be significant.
UNVEILING THE HIDDEN COSTS
In Ghana, many operational sites are located within or at the fringes of forest reserves and off-reserve forests as well as agricultural lands heavily depended on by surrounding communities. The environmental aspect of mining including land fragmentation and degradation, aerosol generation, streamflow diversion, and contamination affect the capacity of the forest ecosystem to provide the essential functions and services needed by surrounding communities.
However, mining despite its role in the depletion of over 577.15 km² of forest area and carbon sink in the West African Sahel zone and further destroying the environment through polluting water sources, could also serve as sustainable environmental management in the context of land reclamation and restoration activities. It has the potential to build resilience in local communities in the context of green job creation, the building of infrastructure, and the provision of potable water. This is a call on appropriate institutions to govern such exposures as an imperative for the industry’s sustainability.
The African Union’s Africa Mining Vision framework (2009) aims to eliminate human rights abuses in mining and reduce its role in fuelling conflict. The framework includes steps for improving contributions to community development, empowering women, increasing participatory decision-making, and strengthening environmental and labour protections. It prioritises poverty reduction in natural resource management as one of two positive advances in the institutional and regulatory field reported.
To strengthen regional cooperation and harmonisation, The German Agency for International Cooperation (GIZ) supports regional organisations such as the Mano River Union in West Africa providing capacity building for communities and individuals to meaningfully engage in consultation processes, as well as technical and process management advisory when cooperating with governmental institutions and civil society organisations. GIZ also advises private companies on compliance with international standards and sustainable activities in extractive regions. These include human rights, social and environmental standards, as well as integration of the local economy. This improves the transparency in implementing the Extractive Industries Transparency Initiative (EITI) processes.
International cooperation can be strengthened by integrating climate change considerations into existing human rights treaties and framework in order to ensure that states fulfil their obligations under these agreements while addressing climate-related challenges. Communities, groups and individuals can contribute to a more equitable and environmentally responsible mining sector by advocating for, and encouraging companies to adopt sustainable mining practices such as effective water management, waste reduction, and land reclamation. The shift towards sustainability not only ensures compliance with increasing regulations but also builds a resilient industry capable of thriving in a resource-constrained world.
Reshaping the landscape of mining in West Africa will take the collaborative efforts of governments, activists and local communities. Various international frameworks like The West African Economic and Monetary Union (UEMOA in its French Acronym) advocate for Free, Prior, and Informed Consent (FPIC), which are implemented into mining operations as is the case of The Simandou Iron Ore Project in Guinea and The Ahafo Mine in Ghana. This principle requires that communities give consent before any mining activities occur on their lands. It respects the need for extensive consultations to ensure that communities fully understand the implications of mining proposals while contributing to more equitable resource management and development outcomes. Such significant reforms better capture benefits that were narrowly distributed from the rapidly growing mining sector and enhance mining governance among its member states. The UEMOA Commission collaborates with the International Institute for Sustainable Development (IISD) to provide capacity-building programs for public officials, focusing on effective oversight, management, and inspection of mining operations. Despite the numerous frameworks available, newer issues are always arising.
Gachomo Pam-Hworo is Social Media Manager at the Centre for Democracy and Development (CDD-West Africa)