Sophia Akuffo advocates overhaul of natural resources laws

A former Chief Justice, Justice Sophia Akuffo, has called on the government to be bold and decisive with a fresh comprehensive plan that would enable the country to maximise benefits from its natural resources.

She explained that the plan should entail a thorough review of all natural resources and minerals laws in ways that would enable the country to take full advantage of its vast natural resource wealth to support national developmental needs.

Justice Akuffo, now a fellow of the Institute of Economic Affairs (IEA), said there was the need to establish a small committee of about five experienced Ghanaian experts in the natural resources sector to review and suggest necessary amendments.

Addressing a news conference organised by the IEA in Accra last Monday, Justice Akuffo stated that Ghana's natural resources and minerals laws must be reviewed to align with international standards.

“There is a need to set up a small committee of about five experienced Ghanaian experts in the natural resources sector to review and recommend necessary amendments to all natural resource laws in Ghana to optimise the benefits of natural resources to the country.

“All natural-resource and minerals laws in Ghana and consequently mineral exploitation contracts must conform to the UNGA (United Nations General Assembly) Resolution 1803 (1962) and UNGA Resolution 3281 (1974), as well as the African Charter on Human and People’s Rights and other protocols,” she said.

Held on the theme: “Maximising the benefits from Ghana’s natural resources”, the news conference served as a platform for a discussion on how to optimise the country's natural resources for economic growth and development.

Also in attendance were the Deputy Secretary General of  the Trades Union Congress (TUC), Dr Kwabena Nyarko Otoo, and the Director of Research at IEA, Dr John Kwakye. 

Strong advocate

Justice Akuffo said  IEA strongly advocated that Ghana tapped its vast natural resource wealth to support the country’s development.

She said the institute was pleased to hear the President stating an intention to review all agreements governing the country’s extractive sector.

The former Chief Justice said there should be a review of the Minerals and Mining Act, 2006 (Act 703) to contain a provision that moved the management of some mineral resources to local governments such that district assemblies were directly involved in the management of those resources.

She said there was a need to take a critical look at Article 257(6) of the Constitution which vested all minerals in the country in the President, arguing that this could be the major problem affecting natural resource exploitation.

She said an alternative could be to vest the minerals rather in the state.

“Ghana should adopt wholly owned Ghanaian production lines or at least joint Ghanaian-foreign ownerships involving sharing of costs and products in the natural resource sector,” she said.

Technology transfer

Justice Akuffo said the country should seek technology transfer arrangements under current oil production agreements and aggressively develop its human capital on natural resource management.

She said the Petroleum (Exploration and Production) Act, 2016 (Act 919) should be reviewed to specify the need to shift from concession/royalty arrangements to production-sharing arrangements in natural resource contracts.

She said the local communities must be part of decision-making in the management of natural resources.

“The Geological Survey Authority should be resourced to map out our mineral deposits to enhance Ghana's bargaining power in contracts.

“The growing public awareness and the President's renewed interest should be leveraged to prioritise strategies for optimising the benefits from Ghana's natural resources,” the retired Chief Justice added.