Abstract
Sovereignty over natural resources is entrenched in international law and the domestic statutes of most nations, granting to states the right to explore and exploit the resources for development and the well-being of their citizens. However, some governments have been in constant confrontation with their citizens resulting from the domestic arrangements regarding ownership, exploration and how natural resources are utilised. In Ghana, the law is not clear on ownership of natural resources, which are deemed to be state-owned and held by the President in trust for the citizens. This chapter discusses the conflict over ownership and management of natural resources between local communities on the one hand, and traditional leaders, state institutions and exploration companies on the other hand. It uses the outcomes of a socio-legal empirical research conducted in a gold mining community—Kenyasi No 2 in Ghana. The findings reveal that the community is not at variance with the trusteeship arrangement but rather the manner in which proceeds from the exploitation of natural resources are distributed, which tends to inhibit community development. It is recommended that the laws on the management of natural resources in Ghana be reviewed in view of ensuring realisation of the right to development.
Published Version
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call