CHRI condemns arrests in mining community

Accra, Dec. 1, GNA - The Commonwealth Human Rights Initiative (CHRI) on Friday condemned the arrest of Mr Ibrahima Aidara, West Africa Regional Governance Advisor of Oxfam America and six members of the Wassa Association of Communities Affected by Mines (WACAM) in Yamfo in the Ahafo mines of Newmont Gold Ghana Limited and demanded their immediate release.

A statement CHRI issued to the Ghana News Agency signed by Nana Oye Lithur, Africa Regional Coordinator, Mr Aidara and the six WACAM officials were in Yamfo at the invitation of Newmont to tour and attend a meeting to discuss community issues at Newmont's Ahafo mine project site on November 28, 2006.

In order to be better prepared for that meeting, WACAM arranged for Mr Aidara to talk to locals about their concerns at the local community centre last Monday.

The statement noted that Mr Aidara and the six WACAM members were arrested by Police acting on a complaint by Newmont officials namely Mr Barnes Kufour, Newmont Information Officer at Yamfo, Mr Samuel Kumi and Mr Yaw Kye.

CHRI said the organisers had no legal obligation to give the Police prior notice of or to obtain a permit for last Monday's meeting. Those arrested were, therefore, being held unlawfully.

The statement noted that the purported charges were based on the Public Order Act, 1994 (ACT 491), which states that, "Any person who desires to hold any special event within the meaning of this Act in any public place shall notify the Police of his intention not less than five days before the date of the special event.=94

CHRI noted that while the meeting at Yamfo was held in a public place, as defined in Part II, Section 9 of the Act, no offence was committed because the meeting was not a "special event" as defined under Section 10 of the Act.

The statement said Section 10 of the Act categorically identified such event as procession, parade, carnival, street dance, celebration of traditional custom, outdooring of traditional ruler, demonstration, public meeting.

Special events do not include the following religious meeting, charitable, social or sporting gathering and any lawful public entertainment or meeting.

CHRI said social gatherings were not considered to be a "special events" under the provisions of the Public Order Act and so the meeting organised on behalf of the WACAM members was lawful.

The meeting at the local community centre was simply a social gathering to discuss the local interests related to Newmont's Ahafo Mine. No prior notification was necessary and consequently no crime was committed and the six WACAM members should be immediately released, the statement said.

CHRI has recently been highlighting human rights abuses occurring in the mining communities and what occurred in Yamfo is yet another such example.

CHRI called upon the Minister of Mining and Minister of the Interior; the Commission for Human Rights and Administrative Justice and other nongovernmental organisations to publicly condemn the actions of the Suyanni Police and Newmont.

Meanwhile, this act of the Police is being interpreted in international circles as a repression of the people, whose lands have been confiscated to enable Newmont to operate, in view of the paltry sums paid as compensation.

A release from Oxfam America sent to GNA said: 93On November 27 an Oxfam America staff member and representatives of Wassa Association of Communities Affected by Mining (WACAM), a Ghanaian nongovernmental organisation (NGO), were arrested by local Police in of Yamfo, Ghana and detained briefly. They were in Yamfo to discuss community members concerns regarding the Ahafo gold-mining project, operated by US-based Newmont Mining Corporation.

=93After the arrival of these individuals in Yamfo, local Newmont employees had a role in contacting local Police alleging that the Oxfam staff member, a Senegalese national, and WACAM representatives were falsely claiming to represent Newmont. At no time did these persons claim to represent the Corporation.

The release said: 93Oxfam America is deeply concerned by this regrettable incident and calls on Newmont and the Ghanaian Authorities to support an independent investigation to clarify the events surrounding it and the actions of the police and company officials involved.

=93Oxfam believes this incident further highlights the need for credible and legitimately independent monitoring of the human rights and environmental aspects of the Newmont Ahafo operations, including the Mine's arrangement with local security forces.

=93Oxfam calls on the Corporation to work with local community members, independent international and national technical experts and NGOs to design and implement a credible monitoring system that will provide comprehensive and reliable information on the broad range of human rights and environmental issues at stake at Ahafo.=94

In a related development Youth for Action Ghana, a Ghanaian NGO, has condemned in no uncertain terms the arrest and detention of Mr Ibrahima Aidiara, the programme Officer of the West Africa regional Office of Oxfam America and Abdallah Salifu, a community activist of WACAM.

A statement James Kwabena Bomfeh Jnr.; Executive Secretary signed said: 93It is amazing that in the present civil atmosphere in Ghana's political history, some individuals and corporate instutions still disregard the fundamental rights of people, especially those living in mining areas and treat them with contempt and disrespect as if they are lesser human beings.=94

It said: 93This is the land of our birth, if it will not be of benefit to us, it must not be used to destroy us. Isn't it intriguing how our resources are being exploited to under develop us?

Youth for Action Ghana called on all youth groups, student organisations, civil society, religious bodies and all progressive organisations to condemn this flagrant abuse of human rights, saying =93Yen ara yen asaase ni! our forbears secured this with their sweat and blood. We shall and we must defend it at all times. We must resist the oppressors' rule both from within and without.=94

Meanwhile, WACAM in a release issued on Wednesday condemned the intimidating tactics of Brong Ahafo Regional Police Commander, Assistant Commissioner of Police (ACP) Opare Addo and the arrest of the West Africa Regional Governance Advisor of Oxfam America, Ibrahima Aidara and six others.

A statement signed by the Executive Secretary of WACAM, Mr Daniel Owusu Koranteng said the arrest of Mr Aidara and six activists of WACAM took place on Monday November 27.

The statement said Mr Aidara was holding a meeting with the Yamfo Community, one of the communities affected by the mining activities of Newmont Gold Ghana Limited, to solicit first hand information before a scheduled tour/meeting with officials of the Newmont Ahafo Mine Project Site on November 28.

It said ACP Opare Addo accused the organisers of holding a meeting at a public place without permit. Since when was a state of emergency declared in Yamfo to demand that permit be obtained before private meetings are held?

WACAM said: 93It is shameful and an act of cowardice that poor, powerless citizens cannot freely organise a private meeting to discuss issues bothering their livelihood because they are not complying with the desires of a powerful multinational company.=94

The statement said WACAM was 93worried about the spate of Police brutalities on poor and defenceless mining communities usually instigated by powerful and influential mining companies=94. WACAM said it was 94disappointed that this incident happened a few days after Her Excellency Mary Robinson, Former United Nations High Commissioner for Human Rights had issued a release calling on both the Government and mining companies to take steps to end growing violence in mining communities perpetrated by security agencies=94. The statement urged Newmont to stop using the Police or the Military to brutalise and violate communities' rights to have meetings, peaceful protests and demonstrations.

The Company should also recognise and respect human rights in accordance with socially responsible corporate practice as well as implement appropriate mechanisms for consultation, participation and dialogue with relevant stakeholders, within appropriate time frames and timely information as a way of reducing mistrust and conflicts.