Assessing inclusiveness for indigenous communities in mineral rights allocation in Ghana

Abstract

Ghana is blessed with an abundance of mineral resources. These mineral resources are situated in indigenous communities, but the ownership is vested in the government. Indigenous communities where these resources are located are mostly marginalized. Significant legal reforms have been implemented to ensure the inclusivity of these indigenous communities in allocating mineral rights, yet the problem persists. This research investigates the legal framework that governs the allocation of mineral rights in Ghana and the impact thereof on the empowerment of indigenous communities, bringing attention to the difficulties that indigenous communities must overcome to have access to and benefit from mineral resources. To this end, one hundred and eight (108) documents, including legislations and reports on mineral rights allocation in Ghana, were analyzed using thematic analysis. The study found that the current legal framework is deficient in providing sufficient protection for the rights of indigenous communities. Specifically, the absence of a workable scheme for mineral rights allocation from various stakeholders to these indigenous communities is an identifiable lapse in the current legal framework. The findings of this research are relevant to policymakers, legal practitioners, and other stakeholders to improve the rights and well-being of indigenous communities following the analysis of the legal complexities and implications associated with the allocation of mining rights distribution of ensuing royalties inter alia expounded in this paper.