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Ghana

In: Mining Law and Economic Policy

Author

Listed:
  • Charles Afeku

    (African Legal Support Facility)

  • Akua Debrah

    (University of the Witwatersrand)

Abstract

This chapter traces the origins and developments of Ghana’s mineral rights ownership regime that currently entrusts minerals in the President on behalf of and for the people of Ghana. While the current regime appears to be founded on practices in some parts of pre-colonial Ghana, as well as the British crown law applicable in the colonies during the colonial era, and later the international principle of states’ permanent sovereignty over their natural resources, the responsibilities conditional to these practices, laws, and policies, have not been strictly enforced or examined. A recent Constitutional Review Commission determined that the “concept of trust should be clarified in the Constitution” without recommending how to do this. The authors argue that at the minimum the President or anyone entrusted with a nation’s mineral resources should have a duty of transparency and accountability and make recommendations in this regard.

Suggested Citation

  • Charles Afeku & Akua Debrah, 2022. "Ghana," Springer Books, in: Akua Debrah & Hudson Mtegha (ed.), Mining Law and Economic Policy, chapter 0, pages 37-57, Springer.
  • Handle: RePEc:spr:sprchp:978-3-031-07048-8_3
    DOI: 10.1007/978-3-031-07048-8_3
    as

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