Man shot at AngloGold Ashanti Obuasi Mine dies

Accra, Aug. 15, GNA - Wacam, a human rights and mining advocacy nongovernmental organisation, has condemned the killing of Kwame Eric, a galamsey suspect, at the AngloGold Ashanti Obuasi Mine. The following is the full text of a statement signed by the Executive Director of Wacam, Mr Daniel Owusu-Koranteng on Monday:

"On Wednesday, 10th August, 2011, a security official working with Ghanatta Security Services which had been contracted by AngloGold Ashanti Obuasi mine to provide security services at the mine's South Tailings Storage Facility at Dokyiwa, shot a 23-year old galamsey suspect by name, Kwame Eric. After undertaking this dastardly act, the official is reported to have run away, leaving Kwame Eric in a pool of blood. It took some community people who heard Eric's groans to rush him first, to the Obuasi Government Hospital and then to Komfo Anokye Teaching Hospital in Kumasi where sadly, he died on Sunday, 14th August, 2011.

"Wacam is deeply saddened by the death of Kwame Eric at the prime age of 23 because he did not have the opportunity of being tried in a court of competent jurisdiction to be found guilty or set free through our judicial system. It is even more painful to recognise that he did not die a natural death but became the unfortunate victim of corporate lawlessness and irresponsibility. We extend our condolences to the family and pledge our support for them in these trying times.

"Ghana is a democratic country which upholds the rule of law and the presumption of innocence is a cardinal principle of our legal system. There are records to show that security agencies acting on behalf of mining companies in Ghana especially Ashanti Goldfields Company and its successor AngloGold Ashanti had shot galamsey suspects and sometimes used guard dogs on the suspects without recourse to the laws of Ghana. There had been situations where some suspects had died or become permanently incapacitated as a result of gunshots as in the case of Awudu Mohammed. These acts constitute extra judicial killings, which have no place in the laws of Ghana especially in situations where the suspects do not pose any threat to warrant the use of guns to justify self-defence. In the specific case of Kwame Eric, it has been confirmed that he was shot at the back just like in the case of the shooting of Awudu Mohammed. In the event that the suspects were arrested and found guilty by a court for undertaking galamsey on the concession of AngloGold Ashanti, the offence would not have merited a death penalty. These acts do not help in the strengthening of state institutions but rather weakens them.

"There had been spurious arguments by some people associated with the mining companies that the mining companies can employ highhanded methods including a 93shoot to kill" policy to protect their properties. However, Article 13(1) of the 1992 constitution states that , 93No person shall be deprived of his life intentionally except in the exercise of the execution of a sentence of a court in respect of a criminal offence under the laws of Ghana of which he has been convicted". Similarly, Article 15(2a) of the 1992 Constitution of Ghana states, 93No person shall, whether or not he is arrested, restricted or detained, be subjected to torture or other cruel, inhuman or degrading treatment or punishment".

"There had been many situations where mining companies have entered into the farms of mining communities and destroyed their crops when they had not negotiated compensation. It amounts to trespassing into community farms to destroy their properties without due regard to the provisions of the Minerals and Mining Act, 2006 (Act 703) which requires that companies negotiate compensation to affected farmers before entering the farms to destroy properties. We do not think that it is legal for mining communities to employ the same highhanded methods to protect their properties from being destroyed by mining companies. Unfortunately, the mining companies are teaching and establishing such illegal and violent practices in their engagement with communities.

"We wish to recall that His Excellency John Mahama, the Vice President of Ghana recently advised Ghanaians against instant justice which he described as a crime under our laws and hope that the mining companies would take the advice of the Vice President of Ghana. "As a signatory to several international conventions like the UN Global Compact, that upholds the dignity of human persons; it is the responsibility of AngloGold Ashanti to imbibe these principles in their contractors and any group of people working on their behalf. Furthermore, AngloGold Ashanti has signed on to the Voluntary Principles on Security and Human Rights which is unequivocal in holding companies that employed the services of security agencies liable for their actions that violated human rights. The company can therefore not escape blame for what happened on their own facility on the night of Wednesday 10th August, 2011.

"Wacam condemns the killing of Kwame Eric and holds AngloGold Ashanti fully responsible for the actions of the Ghanatta Security Services since the company had been contracted by AngloGold Ashanti to act on their behalf. It is wrong for the private security company to possess guns, which they could use to shoot suspects in the course of their work. We are worried that human rights violations have become part of the organisational culture of some mining companies like AngloGold Ashanti and the companies find it difficult to move away from this culture of lawlessness.

"In our opinion, Kwame Eric has been murdered and we call on the government to institute full-scale investigations into the shooting and killing of Kwame Eric to ensure that those perpetrators are found and charged with murder before a court of competent jurisdiction (end text)."