Anwiam Report - Update - Arpil 2010

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    Projects Abroad Human-rights Office

    Rhetoric and Reality - Report on Human

    Rights Abuses in the Mining Community of

    Anwiam, ObuasiApril 2010

    Property damage from mine blasting in the village of Anwiam /F ranck Martin

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    Contents

    Background p3AngloGold Ashanti p5

    Examples of AngloGold Ashantis cooperate responsibly policies p6

    AngloGold Ashanti Values p7

    NGO Concerns about AngloGold Ashanti Operations p8

    Anwiam p9

    Summary of the Current Situation in Anwiam p10

    Four Areas of Major Concern p11

    1.Access p122.Housing P133. Flooding and Water Pollution p144.Health Care p16

    Transcript of Interview with Village Spokespersons p17

    Short Term Recommendations p24

    Long Term Recommendations p25

    References p26

    Report complied by Franck Martin, with

    additional research by Maja Skjoldevald, David

    Martyn, Marlow Svatek, Angela Meng, Amie

    Dobinson, Thea Bainbridge and Ryan Slade.

    Projects Abroad Human Rights Office

    Koi Street H/No F/100A/2,

    Osu-Ako Adjei Adjei,

    Ghana

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    Background

    Since June 2009 Project Abroad Human Rights Office (PAHO) has been

    monitoring the actions of AngloGold Ashanti (AGA) in the Obuasi mining

    area of the Ashanti Region of Ghana. During this time we have grownincreasingly concerned that the actions and policies of this company are

    having a detrimental impact on the human rights of the local residence living

    in the Obuasi area.

    On March 24th

    members of PAHO visited the residence of Anwiam on a fact

    finding mission. Their findings are outlined in the following report.

    The report also contains background information on the Obuasi mining

    region and the AGA mining company. It concludes by presenting a series ofshort term and long term recommendations to address the issues outlined in

    this report.

    In recent years, the Ghanaian government has facilitated an economic shift from reliance upon the

    agricultural sector to promotion of the mining sector above all other sectors. The government offers

    generous incentives for foreign investment in the extractive sector. Despite the potential positive effects

    that the mining industry may have on communities, it also has many negative effects on the livelihoods

    and employment of Ghanaians, particularly farmers.

    The farming communities displaced by mining companies are resettled without access to land, thus

    depriving them of economic activities. The farmers are often given inadequate compensation in return for

    their displacement and loss of livelihoods. In particular, surface mining is detrimental to agricultural lands

    and, thus, food supply. Although agriculture is sustainable, surface mining is not.

    Within mining communities, there is a lack of Alternative Livelihood Projects (ALPs) for the youth, who

    often resort to illegal mining for employment. These illegal artisanal miners are called Galamseys. In

    order to curb illegal mining, formal education and training for employment outside of the mining sector is

    necessary.

    Development projects are needed to improve the relationship between mining companies and the

    communities in which they operate. Proposals for these may include providing road access to the villages,

    educational programs and scholarships for the youth, ensuring access to clean drinking water, repairing

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    transportation links and building medical clinics. All mining companies should have Community

    Relations Departments that maintain contact with members of the community regarding their concerns.

    In addition to affecting livelihoods, mining has a serious impact on the health of community members.

    The health problems most frequently found in these communities include tuberculosis, malaria and

    typhoid.

    Abandoned mining pits result in stagnant pools of water where mosquitoes breed and this contributes to

    the high prevalence of malaria in mining communities. Air pollution causes respiratory infections. Often,

    those in mining communities must travel long distances to get clean drinking water. Since much of the

    ground water is polluted, there is also a high rate of water-borne diseases such as typhoid.

    Nana Boafo, chief of Anwiem, stands next to a collapsed building/PAHO

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    AngloGold Ashanti

    According to the AngloGold Ashanti (AGA) website: AngloGold Ashanti Limited is a global

    gold producer with 21 operations on four continents, a substantial project pipeline and an

    extensive, worldwide exploration program. The company is listed on the New York,

    Johannesburg, Ghanaian, London and Australian stock exchanges, as well as the Paris and

    Brussels bourses. i

    Mining statue near the entrance to the AngloGold Ashanti mine in Obuasi / Franck Martin

    AngloGold Ashanti is committed to continuously improving the performance of current assets through

    cost management and increased labor productivity, as well as by seeking out value-adding growth

    opportunities through exploration and a disciplined acquisition strategy. The company is focused on

    generating competitive financial returns and on rewarding shareholders with semi-annual dividends after

    providing for future growth.ii

    AGA professes that ethics are central to their business model and claimsthat all of its business

    interests and practices fully comply with state and international law. The findings of PAHO are

    directly at odds with the claims made by AGA in the Ethics section ofwww.anglogold.co.za.

    http://www.anglogold.co.za/http://www.anglogold.co.za/http://www.anglogold.co.za/http://www.anglogold.co.za/
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    Examples of AGAs cooperate responsibly policies

    o We comply with all laws, regulations, standards and international conventions which applyto our businesses and to our relationships with our stakeholders. Specifically, AngloGold

    Ashanti supports the Universal Declaration of Human Rights, the Fundamental Rights

    Conventions of the International Labour Organization (ILO) and those principles and valuesreferred to in the United Nations Global Compact.

    iii

    o Should laws and regulations be non-existent or inadequate, we will maintain the highestreasonable regional standard for that location.

    iv

    o We are committed to seeking out mutually beneficial, ethical long-term relations with thosewith whom we do business. v

    o If an employee acts in contravention of these principles, the company will take theappropriate disciplinary action concerning such contravention. This action may, in cases of

    severe breaches, include termination of employment. In addition, certain contraventions may

    also result in the commencement of civil proceedings against the employee and the referral

    of the matter to the appropriate enforcement bodies if criminal proceedings appear

    warranted. vi

    o We will promote the application of our principles by those with whom we do business. Theirwillingness to accept these principles will be an important factor in our decision to enter into

    and remain in such relationships vii

    The AGA mine dominates the Obuasi skyline/Franck Martin

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    AngloGold Ashanti values

    Safety is our first value.We place people first and correspondingly put the highest priority on safe and

    healthy practices and systems of work. We are responsible for seeking out newand innovative ways to ensure that our workplaces are free of occupational injury

    and illness. We live each day for each other and use our collective commitment,talents, resources and systems to deliver on our most important commitment ... to

    care. viii

    We treat each other with dignity and respect. We believe that individuals who are treated with respect and who are entrusted to

    take responsibility respond by giving their best. We seek to preserve people's

    dignity, their sense of self-worth in all our interactions, respecting them for whothey are and valuing the unique contribution that they can make to our business

    success. We are honest with ourselves and others, and we deal ethically with all ofour business and social partners. ix

    We are accountable for our actions and undertake to deliver on ourcommitments.We are focused on delivering results and we do what we say we will do. We

    accept responsibility and hold ourselves accountable for our work, our behaviour,

    our ethics and our actions. We aim to deliver high performance outcomes andundertake to deliver on our commitments to our colleagues, business and social

    partners, and our investors. x

    The communities and societies in which we operate will be better off forAngloGold Ashanti having been there.We uphold and promote fundamental human rights where we do business. We

    contribute to building productive, respectful and mutually beneficial partnershipsin the communities in which we operate. We aim to leave host communities with a

    sustainable future. xi

    We respect the environment.We are committed to continually improving our processes in order to prevent

    pollution, minimise waste, increase our carbon efficiency and make efficient useof natural resources. We will develop innovative solutions to mitigate

    environmental and climate risks.xii

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    NGO Concerns about AngloGold Ashanti Operations

    Despite having a detailed corporate

    responsibility model, the actions of AGA are a

    concern for a number of human rights

    organizations. Gold rush:The Impact of Gold

    Mining on Poor People in Obuasi, Ghana, a

    2005 report by ActionAid, outlines how mining

    activities have profound economic, social and

    environmental consequences for the poor of

    Obuasi. Within this context, a number of serious

    human rights accusations have been made

    against AGA.

    ActionAid investigations also highlight how

    rivers and streams have been polluted with

    arsenic, iron, manganese and heavy metals from

    past gold mining activities by AGA and its

    predecessor, Ashanti Goldfields Corporation

    (AGC). Water sources that were previously used

    by thousands of local residences for drinking

    water, fishing and irrigation are now unusable.

    Local residents claim that new cases of serious

    water pollution and flooding are still occurring

    and that alternative sources of water provided by

    AGA, such as public standpipes, are

    dangerously contaminated, broken or obsolete.Large areas of land in Obuasi previously used

    for cultivation are believed to have been

    contaminated through toxic water pollution.

    Many subsistence farmers say their livelihoods

    have been destroyed.xiii

    A 2005 report by Human Rights Watch, The

    Curse of Gold: Democratic Republic of Congo,

    also accused AGA of committing serious human

    rights violations in the areas surrounding their

    mining activities in the Congo. The report

    claimed AGA failed in its operations in

    Mongbwalu to uphold its own business

    principles, as detailed in this report. The

    company did not abide by its own internal

    standards on promoting its business principles to

    those with whom it does business when deciding

    whether to enter into a relationship with the

    Nationalist and Integrationist Front (FNI) armed

    group.

    Following the publication of their report, Human

    Rights Watch was unable to identify any

    appropriate steps taken by the company to

    ensure human rights were respected in

    Mongbwalu. As a multinational company with

    considerable influence, Human Rights Watch

    believes that AGA should have exercised its

    leverage to pursue local actors to respect human

    rights and should have conditioned its gold

    exploration activities on such commitments.xiv

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    Anwiam

    As part of its ongoing investigation PAHO travelled to the village of Anwiem to asses the impact of

    mining on the community. Before AGA began operations in Anwiem the village economy wasexclusively agricultural. The mining activities of AGA destroyed the fertility of the land. The local

    residents have not been compensated for the damage to their lands. This explicitly violates the Minerals

    and Mining Act of 2006 (Act 703) which states in section 73.1:

    The owner or lawful occupier of any land subject to a mineral right is entitled to and

    may claim from the holder of the mineral right compensation for the disturbance of the

    rights of the owner or occupier.xv

    Although the local residents used to grow their own plantains and cassava, they now have to get their

    food from the town market, draining what little surplus cash exists in the village. The community has

    asked for resettlement as compensation. The Minerals and Mining Act also states, in section 73.4:

    The Minister shall ensure that inhabitants who prefer to be compensated by way of

    resettlement as a result of being displaced by a proposed mineral operation are settled

    on suitable alternate land, with due regard to their economic well-being and social and

    cultural value.

    xvi

    Most of the children go to school in the next village, but unemployment is a serious problem. Galamsey,

    illegal mining, is a frequent practice in the village and AGAs security has accused the local residents of

    this practice.

    This issues outlined within this report have been ongoing for many years. The Commission on Human

    Rights and Administrative Justice (CHRAJ) published a detailed report on the human rights violations

    within the mining sector. The State of Human Rights in Mining Communities in Ghana (2008), outlined

    CHRAJ concerns about the purity of water; growing levels of pollution; rising health problems; property

    damage from blasting; safety and security concerns; relocation disputes; and compensation

    discrepancies.xvii

    Despite the publication of this report over two years ago these issues are still affecting

    the human rights and quality of life experienced by the villagers.

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    Summary of the Current Situation in Anwiam

    Projects Abroad Human Rights Office (PAHO) met with representatives from the village of Anwiam. It is

    a village with a population of 280, located on the outskirts of Obausi. Representatives from PAHO metwith Nana Kwabena Boafo, the Village Chief and Kojo Appiah, the Village Spokesman on the afternoon

    of the 22nd of March 2010. They informed us of the unbearable living conditions in Anwiam and

    attributed these problems to the mining activities of the AGA. During the meeting they accused AGA and

    its staff of committing a number of illegal acts. They also explained that despite meeting with AGA

    representatives to discuss these issues, the company response had been completely unacceptable.

    Kojo Appiah; Village Spokesman summarised the problems faced by the local residence of

    Anwiam:

    Our problems are many and started in 1989 whenAGA started its surface and

    underground mining. When they stared blasting we told them that our weak

    houses could not withstand the shocks. Running water from the mine started toflood our communities, our livestock drank from the contaminated water from

    the mine and as you can see most of the buildings have collapsed and our

    livestock is unhealthy.

    We also have no access road to the surrounding towns. We are trapped between

    the mines and the homes the miners live in. AGA has forbidden us from

    walking through the minerstown and so we have no way of getting out of ourown village. There are similar communities where they have active mining but

    in every one of these communities they have an access road. We are the only

    villagers that are unable to get out of their own village....We only want the

    freedom to go to town to buy goods and care for our sick.

    We have been meeting with the men from the company for all this time, to no

    avail. We complain that life here is very hellish because we do not have anyelectricity or an access road. Our wives and mothers give birth on their way to

    hospital and you can understand the inherent danger with this. We have been

    complaining and we have gotten to a point where we want the mining companyto resettle us...

    ...our homes are so weak that the house can collapse at any moment, without

    warning. This is because, some years ago, the company blasted into themountain to access the gold... [When] we sleep, we do not know if the house will

    be standing the next day. Even the pens for our animals are stronger than our

    homes. All we want is for the company to resettle us.

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    Four Areas of Major Concern

    PAHO summarised the core issues into four areas:

    1.Access2.Property damage3.Flooding and water pollution4.Health care

    Research by PAHO has found that the issue of compensation is outstanding and requires further

    investigation. It is the intention of PAHO to return to Anwiam in May and research this matter inmore detail.

    A family from Anwiam stand outside their home. The family explained that the damage to their home can be attributed to AGA mining activity. In the

    background a second severely damaged home can be seen. partially destroyed homes can be seen in the background/ Franck Martin

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    Access

    o AGA forbids the local residents from using the road running through the adjacent mining town.Its employees claim that members of the community have stolen from them in the pastthisseems unlikely due to the high levels of security in each of the employee homes. These include

    window and door protection and security dogs.

    o The local residents have no road access roads to the surrounding towns and can only access theirhomes by using an abandoned railway track lined with thick vegetation.

    o AGA refuses to allow commercial cars on the road, which runs past their employee homes.While they have informed the local residents that they can use their own car on the road this is

    an empty gesture as the community is so impoverished that owning a car is impossible.

    o The community has alleged that during a number of medical emergencies, including births,AGA security staff refused to allow commercial cars access to the village. The village

    spokesman informed PAHO that members of the community have died because of their inability

    to access hospitals in a reasonable time.

    o The local residents must send their children to live with family in neighbouring villages if theyare to attend school.

    A resident of Anwiam uses the only access route available to the community/Franck Martin

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    Property Damage

    Section 94: Where a license is granted in a designated area to a person other than the

    owner of the land, the licensee shall pay compensation for the use of the land and

    destruction of crops to the owner of the land that the Minister in consultation with the

    Commission and the Government agency with responsibility for valuation of public lands

    may prescribe.xviii

    o The property of the local residents has been badly damaged by blasting, the detonationexplosives, in the mines to access deep gold deposits, and is no longer structurally sound.

    As a result, collapsing homes are common and the people are forced to live in dangerous,

    potentially fatal conditions. In many cases the homes were in a critical state of disrepairand looked like they were close to collapsing.

    o These homes offer little protection from the large numbers of mosquitoes and fail to offerthe local residents adequate protection from the elements, particularly during the rainy

    season.

    o The community has no access to basic amenities such as electricity.

    The remains of a house destroyed by AGA mining activity/Franck Martin

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    Flooding and Water Pollution

    Section 17: Subject to obtaining the requisite approvals or licenses under the Water

    Resources Commission Act 1996 (Act 552), a holder of a mineral right may, for purposes of

    or ancillary to the mineral operations, obtain, divert, impound, convey and use water from

    a river, stream, underground reservoir or watercourse within the land the subject of the

    mineral right.xix

    o Mining activities have polluted the local water supply. In heavy storms, the chemicalsand dirt from the abandoned mine flow directly into the village. This contaminates

    drinking water, livestock drinking water and further damages property.

    A stream where the community used to get their drinking water before AGA began mining operations/PAHO

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    o Flood defences erected by the mining company are frequently breached during heavystorms.

    The flood defences erected to stop polluted water running out of the AGA mines.

    Local residents

    claim that the defences regularly breached/ F ranck Martin

    o The quality of drinking water is such that local residents continue to suffer from a range ofpreventable diseases.

    Example of the quality of water available to the local residents/ Franck Martin Since the above water pump broke local residence have relied on one working pump tp

    serve the needs of 280 people living in the village/Franck Martin

    o The activities of AGA have rendered the villages primary water source undrinkable.Following a number of meetings with the community representatives, AGA agreed toinstall two water pumps. One of the pumps was damaged in a storm, yet the company

    refused to repair it. This has left the 280 local residents with one working pump, which

    provides the community with dirty water.

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    Health Care

    o AGA employees forbid the villagers from using commercial vehicles when passing throughthe miners town, which is the only road running to their village. As such, during medical

    emergencies the villagers have no vehicle access. The local residence claim this has

    resulted in preventable deaths and a number of births taking place in unsafe conditions.

    Comfort Amo, 31, with her eldest son, Emmanuel Dardo, 8, and youngest son, James Dardo, 11 months/Franck Martin

    Comfort Amo, 31, is a native of Anwiam who has been greatly affected by the mining company.

    Her eldest son, Emmanuel Dardo, 8, was playing near the Covet (the cement structure below)

    when he slipped and fell into the water. The water is a breeding ground for mosquitoes and his

    body was badly bitten. Mrs Amo informed PAHO that her youngest son, James Dardo, 11months

    (pictured below) was born on the railway line which links the village to the outside world. His

    mother was unable to access suitable transport due to AGAs refusal to allow commercial

    vehicles through their company checkpoints. James mother attributes the rash on his skin to the

    circumstances of his birth.

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    Transcript of Meeting with Village Representatives

    Nana Kwabena Boafo: Village Chief

    Kojo Appiah: Village Spokesman

    Franck Martin: PAHO Volunteer

    Maja Skjoldevald: PAHO Volunteer

    David Martyn: PAHO Volunteer

    *The following interview was recoded 24/03/10. A representative from Wacam acted as a translator

    between PAHO and the local residents. Below is a copy of the interview, as recorded by Franck Martin.

    Kojo Appiah: Our problems are many and started in 1989 when AngloGold Ashanti started its surface

    and underground mining. When they stared blasting we told them that our weak houses could not

    withstand the shocks. Running water from under the ground started to flood our communities, our

    livestock drank from the contaminated water from the mine and as you can see most of the buildings have

    collapsed and our livestock is unhealthy.

    We also have no access road to the surrounding towns. We are trapped between the mines and the homes

    the miners live in. AGA has forbidden us from walking through the miners town and so we have no way

    of getting out of our own village. There are similar communities where they have active mining but in

    every one of these communities they have an access road. We are the only villagers that are unable to get

    out of their own village. They say that we are not allowed to bring a car through because we are going to

    use it to steal from them and we find that unacceptable because every car must pass through a big security

    checkpoint. Each car and person is thoroughly searched. If you assume we would steal from them when

    we get to the checkpoint, they will quickly find it. We only want the freedom to go to town to buy goods

    and care for our sick.

    We have been meeting with the men from the company for all this time, to no avail. We complain that life

    here is very hellish because we do not have any electricity or an access road. Our wives and mothers give

    birth on their way to hospital and you can understand the inherent danger with this. We have been

    complaining and we have gotten to a point where we want the mining company to resettle us. As I said

    life here is very hellish and we can not live a meaningful life in these conditions so we want to be

    resettled. This is the stage we are at in this long struggle.

    The reason I say life is hellish is because of the blasting. At the moment our homes are so weak that the

    house can collapse at any moment, without warning. This is because, some years ago, the company

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    blasted into the mountain to access the gold and, right now, we are especially afraid during the rainy

    season. When we sleep, we do not know if the house will be standing the next day. Even the pens for our

    animals are stronger than our homes. All we want is for the company to resettle us.

    In August, there was a violent rain storm and the whole village was flooded with contaminated water

    from the mine. There was nowhere to step without being in the dirty water1. We went to the mining

    company and told them what had happened and their response was very disheartening. I told them that I

    believe that if I have property and it is destroyed, the best way forward is to find a solution rather than

    being treated with distain. When we complain, they adopt a casual attitude and ignore our pleas. The

    company does not treat us like we are human beings. They show their animals more respect.

    In the course of our engagements with the mining company, they have told us that they cannot resettle us,

    but they will give us money. They said they would come and survey the damage to our homes and help us

    to mend the cracks but when it rains the village floods. Occasionally, we also experience some blasts

    from the surrounding mines that are still active. So if they are not going to resettle us and continue to

    blast, then when it rains we are going to be flooded with filthy waterwhat is the point? The company

    said that they will give us cement. What good is that if the house is filled with contaminated water? In

    March of last year they said they would supply us with cement to help us rebuild the homes. Even though

    this is not what we asked for, it will still help us prevent our homes from falling down. It is now March

    2010 and we are still waiting.

    I also remember a case many years ago when the mine was blasting and the shockwaves knocked a little

    boy over, he hit his head and fell into a coma. He survived but we may not yet know if the damage will be

    long-term. Even the pictures we hang on our wall fall down and shatter.

    Maja Skjoldevald:What arguments do they have for not resettling the community?

    Nana Boafo:According to the mining company, they do not have the money to resettle the community.

    This is why they want to provide us with cement. They also told us that if we had told them earlier, when

    the mining operation was at its peak, they could have resettled us. Their operation in the mine behind us is

    currently inactive and the company says that our resettlement is impossible.

    A few years ago we staged a demonstration demanding to be resettled. We explained that their operations

    had left our village uninhabitable. They told us that they would resettle us with a neighbouring

    community and we decided that we would end our campaign. Some months later we discovered that the

    1Kojo Appiah points to the large crack in the land that carried the water from the mine to the village.

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    community had been moved without us. When we demanded an explanation they told us our leaders had

    told them we wanted to stay. I am the Village Chief and I know that no one from my village said this.

    Why would they? Our homes are falling down, our children, wives and mothers are sick and we have

    nothing. It is clear that they are lying to us. When we protested about this they brought an armoured

    vehicle and fired in the direction of the crowd. Had it not been for one miner who helped to calm the

    situation, many people might have died. Most of the arguments by the mining company are unattainable

    and they use lies and deceit to trick us. We are not exposed to the technicalities of the issue so we are

    vulnerable and the company knows this.

    David Martyn: Have the police ever come to the town with security from AGA?

    Kojo Appiah: They used to come often, I remember on one occasion, they came unannounced in the

    night, about 3am, and they claimed that some of their property had gone missing. They told us that they

    were going to search every house in the community. I remember that my mothers money went missing

    during the search.

    Franck Martin: Was that the police or the mining security?

    Kojo Appiah: It is the police, the mining security and sometimes the military. It is a combined operation.

    David Martyn: Have there been any cases of brutality against community members?

    Kojo Appiah: Many of our farms are close to their operation and when we go to work our land we are

    frequently arrested for trespassing. I remember on one occasion that a villager went to his farm and he

    saw some wood on his land. He brought it home to use it to repair some of the blasting damage to his

    house. When the security staff heard about this they beat him and then arrested him. He spent 6 months in

    prison.

    Franck Martin: Does that man still live here?

    Kojo Appiah: No the man is now dead.

    Last week, an elderly man in our village was very sick. We went to get a car from Obuasi. When we

    arrived at the security checkpoint, we told them that we needed to use the car to bring him to hospital.

    They immediately told us that this was impossible and that we should turn back. The man is called

    Boamah and he is 60 years old. He is still very sick and we have been unable to bring him to the hospital.

    They have said that if we have a car we can drive ourselves but look at our village, there is no way that

    any of us can afford something like that!

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    Franck Martin: What was wrong with him?

    Kojo Appiah: He was suffering from severe Malaria. I can also think of three occasions when we have

    been unable to take the patients to hospital and they died. Abena Manu, 76, died in the village in 2006;

    Ekua Owusuwae, 51, died in 2004; Papa Abdullah, 65, died in 2003. All of these people died of

    preventable illness and, on each occasion, we asked the company to let us use a car from town to come to

    the community and collect them. On each occasion they refused, claiming that this would be a security

    risk.

    Franck Martin: To confirm, were their deaths preventable if they had been given medical assistance and

    did the community explain that there was a medical emergency?

    Kojo Appiah: Yes and yes. They died of illnesses that have not killed anyone in our village for many

    years. When we asked them for help, they simply said that we were not allowed through their workers

    town. They said we were only allowed to use our own car, no commercial cars allowed.

    Franck Martin: Do the mine workers use taxies?

    Kojo Appiah: Yes, they use them all the time. It would not have been difficult for them to call one for us.

    Without our own access road, we have no way of getting out of the town, except by walking down the

    abandoned railway.

    Franck Martin: There is obviously no ambulance service so if AGA staff prevent commercial vehicles

    from using the road then, the villagers must walk to the hospital?

    Kojo Appiah: Yes.

    David Martyn: Which hospital are the villagers allowed to use? Can they use the AGA hospital in

    Obuasi?

    Kojo Appiah: If it is an emergency case, they will not allow you to use their facilities. They tell us to use

    the government hospital, which is in town and closer than any of the other hospitals. We are not allowed

    to use the AGA hospital, though it is the closest. There are many examples of the villagers being

    prevented from going to the hospital. That woman2 sitting there on the bench gave birth to her son on the

    railway track in April 2009. We believe that if they allow us access to the town then these dangers will be

    2Kojo Appiahpoints to Comfort Amo, 31, and her son James Dardo, 11months. Jamess skin is covered with an unusual rashand an array of different coloured/sized blisters.

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    limited. When a woman gives birth there are so many dangers and complications yet, AGA are forcing

    our women to give birth on dusty railways tracks in the middle of the night.

    Franck Martin: Have there been any cases where serious complications have arisen?

    Kojo Appiah: Yes, sometimes there are very serious complications.

    DavidMartyn: Does the community have access to clean drinking water?

    Kojo Appiah: We used to have a hand operated bore hole, we dug it ourselves. It is called an Atta Na.

    We lost it to surface mining and AGA gave us a new pump, but when they ended their operations in the

    mine behind us, they moved it to the other side of our village. 280 people live here and one pump is not

    enough. We explained this to them and they told us that this was impossible. For years our pleas for an

    alternative source of drinking water have fallen on deaf ears. The water that we have to drink is very

    dirty. Since we have had to drink it, we have had many cases of unexplainable sickness but we have no

    other option.3

    Since the mining company arrived we have seen a rise in the number of malaria cases in the village. Last

    year, in December, Twabena Obnobeng, 54, died of TB. We do not know when we are going to die.We

    have come to realise that the sicknesses that come from the mine take years to appear. When the mine

    started these diseases became a part of us.

    Akua Afriyie4: I am very sick, but I do not know what it is from. I have lived here my whole life, and

    before the mine, the villagers did not get unexplained illness. Since AGA started to work here, I have

    watched the villagers suffer from unknown sickness.

    Kojo Appiah: About a week ago, a vast cloud of smoke engulfed the whole community and for hours the

    smoke would not settle. We believe that it was from the mine. Nothing else in the area could generate

    such a magnitude of smoke.

    The water problem is also very important because the filthy water allows the mosquitoes to breed and

    then people get sick. There is a large covet5 that floods in the rains. Last week a little boy fell into the

    3Nana asks one of the children to bring a bucket of water for us to see. The water is filthy, with a dirty layer of brown sediment

    settled at the bottom.4Akua Afriyie is the mother of Nana Kwabena Boafo, the village chief.

    5A covet can be loosely described as a partially walled up weir-like filtration structure. Since it was destroyed by mining activity

    it has become a breeding ground for mosquitoes and is filled with putrid water and mosquito larva.

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    covet.6

    We went to the mine and asked them to cover this over because we have many children in the

    village and we cannot watch them every minute of the day. They refused.

    We blame the covet for the large numbers of malarial infections. AGA says that they help the

    communities to deal with this problem but when the men come to spray, they only spray inside our

    homes. They refuse to spray outside the house or on the roof. We know that the mosquitoes come from

    outside so spraying inside will do little to stop them from breeding or getting in our homes. What is the

    point in spraying inside and not outside. We tried to get them to spray the covet but we were told they

    would only spray inside. We explained that this was a major breeding ground but they would not listen to

    us.

    There are many young men in the village and we asked the mine to employ some of them, given the

    damage they have done to our town. When we hear that they are employing our men go but only one man

    out of roughly 100 in the village is employed in the mine.

    David Martyn: Are any of the royalties ever given to the village?

    Kojo Appiah: What are royalties?

    Nana Boafo: I know what they are but I have never seen any.

    Franck Martin: How many times has the community complained to AGA?

    Kojo Appiah: It is very hard to give an exact number, but over the last 6 years we have met with a

    representative from the company at least 6 times each year, so between 30 and 40 times.

    Franck Martin: What happens at the meetings? What do the staff say when you inform them about your

    hardships?

    Kojo Appiah: They tell us: We have heard what you have said, we have heard what you have said. That

    is all they say.

    Franck: What are the names of some of the people that they meet with?

    Kojo Appiah: Elton Annan and Joseph Quicoe of the company Sustainable Development Department and

    Mr. Aboagye, the manager of the Obuasi mining area. Six years have passed and nothing has changed so

    they are not listening to us.

    6Emmanuel lifts his top to reveal 50-100 mosquito bites on his chest and stomach.

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    Franck Martin: In the last six years, with all of these complaints, what actually has been done by AGA

    to help the town of Anwiam?

    Kojo Appiah: They have given us one water pipe, placed ineffective boulders near the mine to stop the

    dirty water from running into our town and they occasionally spray the inside of our homes with mosquito

    repellent.

    Franck Martin: Anything else?

    Kojo Appiah: No. But the water pollution is their fault. Giving us a tap is not helping us because they are

    the source of the problem.

    Kojo Appiah: The towns of Sansu, Anyinam and Odumase have been given free electricity and AGA has

    even constructed a home for the chief. Our population is three times bigger than theirs. Why will they not

    do the same for us?

    The community did not come to meet the mine, the mine came to our community so all these issues

    should have been addressed rather than treating us like this.

    Franck Martin: Where have you asked to be resettled to?

    Kojo Appiah: The company should relocate us. How are we to find a new town when we are unable to get

    out of our own? If they find a place for us they can show us and we will make a decision, but as of yet

    they have done nothing.

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    Recommendations

    Following lengthy discussions with the community representatives from Anwiam, PAHO call for:

    The immediate resettlement of the community of Anwiam to a new village site that is suitable for

    practicing sustainable farming activity, has clean sources of water, direct access to a public roadand is located outside of mine blasting zones.

    AngloGold Ashanti should immediately:

    Identify an appropriate relocation site for the residents of Anwiam.

    Agree to relocation timescale that is acceptable to the residents of Anwiam.

    Launch an investigation through the Commission on Human Rights and Administrative Justice

    into human rights allegations.xx

    Cooperate with independent investigations into human rights allegations.xxi

    Attend a public stakeholder meeting with the local residents of Anwiam to discuss the

    aforementioned issues in a frank and transparent manner.

    Ghanaian government should:

    Supervise the resettlement of Anwiam, working in conjunction with the community and

    appropriate AGA employees.

    Enforce a more stringent water monitoring and pollution regime through the EnvironmentalProtection Agency (EPA). xxii

    Launch an inquiry into the activities of AGA in the Obuasi area. xxiii

    Revise Ghanaian Mining Law to ensure it protects the human rights of all Ghanaian citizens.

    Enact more stringent legislation to ensure mining companies abide by Ghanaian Mining Law.

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    References

    i

    Anglogold Ashanti official website, Homepage, 2010, 31/03/10, http://www.anglogold.co.za/Default.htmii

    Ibid

    iiiAnglogold Ashanti official website, Ethics, 2010, 31/03/10, http://www.anglogold.co.za/Values/Ethics.htm

    ivIbid

    vIbid

    viIbid

    viiIbid

    viii Anglogold Ashanti official website, Values, 2010, 31/03/10, http://www.anglogold.co.za/Values/Values.htm

    ixIbid

    xIbid

    xiIbid

    xiiIbid

    xiiiActionAid, Gold rush,The impact of gold mining on poor people in Obuasi in Ghana, 2005, p3,

    http://www.actionaid.org.uk/doc_lib/gold_rush.pdf

    xiv Human Rights Watch, The Curse of Gold: Democratic Republic of Congo, 2005, P80,http://www.anglogold.com/NR/rdonlyres/CBB6C75C-EE9C-439E-962F-DDB5C52FB968/0/HRWDRCreport.pdf

    xvMinerals and Mining Act 2006, 73.4, p41

    xviIbid

    xviiCommission on Human Rights and Administrative Justice, Ghana, The State of Human Rights in Mining

    Communities in Ghana, 2008, p58-59.

    xviiiMinerals and Mining Act 2006, 73.4, p43

    xixMinerals and Mining Act 2006, 73.4, p12

    xxActionAid, Gold rush,The impact of gold mining on poor people in Obuasi in Ghana, 2005, p31,

    http://www.actionaid.org.uk/doc_lib/gold_rush.pdf

    xxiIbid

    xxiiIbid

    xxiiiIbid

    http://www.anglogold.co.za/Default.htmhttp://www.anglogold.co.za/Default.htmhttp://www.anglogold.co.za/Values/Ethics.htmhttp://www.anglogold.co.za/Values/Ethics.htmhttp://www.anglogold.co.za/Values/Values.htmhttp://www.anglogold.co.za/Values/Values.htmhttp://www.actionaid.org.uk/doc_lib/gold_rush.pdfhttp://www.actionaid.org.uk/doc_lib/gold_rush.pdfhttp://www.anglogold.com/NR/rdonlyres/CBB6C75C-EE9C-439E-962F-DDB5C52FB968/0/HRWDRCreport.pdfhttp://www.anglogold.com/NR/rdonlyres/CBB6C75C-EE9C-439E-962F-DDB5C52FB968/0/HRWDRCreport.pdfhttp://www.actionaid.org.uk/doc_lib/gold_rush.pdfhttp://www.actionaid.org.uk/doc_lib/gold_rush.pdfhttp://www.actionaid.org.uk/doc_lib/gold_rush.pdfhttp://www.anglogold.com/NR/rdonlyres/CBB6C75C-EE9C-439E-962F-DDB5C52FB968/0/HRWDRCreport.pdfhttp://www.actionaid.org.uk/doc_lib/gold_rush.pdfhttp://www.anglogold.co.za/Values/Values.htmhttp://www.anglogold.co.za/Values/Ethics.htmhttp://www.anglogold.co.za/Default.htm
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