WACAM commends Judiciary for professionalism

Accra, May 7, GNA - Wassa Association of Communities Affected by Mining (WACAM) has commended the Judiciary for displaying a high level of professionalism by striking out a case involving an official of Oxfam America and five of its activists.

A release signed by Mr Daniel Owusu-Koranteng, Executive Director of WACAM, on Thursday commended Mr Kwame Ohene Essel, Sunyani Circuit Court 'A' Judge, for acting boldly to strike out a case which had no legal basis but was rather an attempt to manipulate the judicial process.

Mr Essel struck out the case on the basis that the complainants had never appeared in court and the Prosecution had on several occasions failed to provide the court with the docket on the case. Mr Essel took over the case from Mr G.H.K. Debrah, who during one of the sittings asked the Lawyer of the activists in an open court to advise them to plead guilty to the charge preferred against them. When the activists declined to plead guilty, Mr Debrah committed them to a two-week prison remand, saying that mining communities had been disturbing mining companies and that such community meetings should be discouraged because they could send wrong signals to investors. Ghana News Agency reported on 30th November 2006: "The Police in Sunyani has confirmed the arrest of Mr Ibrahima Aidiara, the Programme Officer of the West Africa Regional Office of Oxfam America, and six others at Yamfo in Tano North District of Brong Ahafo Region alleging that they planned to incite the people in the town to revolt against Newmont Gold mining operation there.

"Assistant Commissioner of Police, Mohammed Adams, Deputy Regional Commander, told the Ghana News Agency in an interview that the seven were initially granted Police bail for initial investigations but were arraigned on Thursday and have been remanded in custody till December 11 2006.

"He said the manner in which the seven came from Kenyase in Asutifi District in the Region to organise the meeting at the Community Centre at Yamfo smacked of a conspiracy to disturb the peace since they have not notified the Police.

"The Deputy Regional Commander stressed that the Police had in view of the volatile situation in the area, been monitoring events in the area effectively to offset any act that could disturb the peace of the people.

"ACP Adams said on Tuesday the Police received information that a meeting was taking place at the Community Centre at Yamfo, a meeting that neither the chief and his elders nor the Police had been informed about.

"'The Police were informed that some people from Kenyase were holding an unauthorised event at Yamfo so the Police moved in and arrested the organizers to question them', he said. "The Deputy Regional Commander stressed that the organizers were inciting the people against the chief and elders of the town over Newmont's gold mining activities there. "He said the chief and elders had not agreed for the meeting to take place but the organizers rebuffed them. "They were visibly angry and wild when they came to the Police Headquarters on Wednesday, ACP Adams said. "Meanwhile, this act of the Police is being interpreted in international circles as a repression of the people, whose lands have been confiscated to enable Newmont to operate, in view of the paltry sums paid as compensation.

"A release from Oxfam America sent to GNA said: 'On November 27 an Oxfam America staff member and representatives of Wassa Association of Communities Affected by Mining (WACAM), a Ghanaian nongovernmental organisation (NGO), were arrested by local Police in Yamfo, Ghana and detained briefly. They were in Yamfo to discuss community members concerns regarding the Ahafo gold-mining project, operated by US-based Newmont Mining Corporation.

"'After the arrival of these individuals in Yamfo, local Newmont employees had a role in contacting local Police alleging that the Oxfam staff member, a Senegalese national, and WACAM representatives were falsely claiming to represent Newmont. At no time did these persons claim to represent the Corporation'.

"The release said: 'Oxfam America is deeply concerned by this regrettable incident and calls on Newmont and the Ghanaian Authorities to support an independent investigation to clarify the events surrounding it and the actions of the police and company officials involved.

"'Oxfam believes this incident further highlights the need for credible and legitimately independent monitoring of the human rights and environmental aspects of the Newmont Ahafo operations, including the Mine's arrangement with local security forces.

"'Oxfam calls on the Corporation to work with local community members, independent international and national technical experts and NGOs to design and implement a credible monitoring system that will provide comprehensive and reliable information on the broad range of human rights and environmental issues at stake at Ahafo.' "In a related development Youth for Action Ghana, a Ghanaian NGO, has condemned in no uncertain terms the arrest and detention of Mr Ibrahima Aidiara, Programme Officer of the West Africa Regional Office of Oxfam America and Abdallah Salifu, a community activist of WACAM. "A statement James Kwabena Bomfeh Jnr., Executive Secretary, signed said: 'It is amazing that in the present civil atmosphere in Ghana's political history, some individuals and corporate institutions still disregard the fundamental rights of people, especially those living in mining areas and treat them with contempt and disrespect as if they are lesser human beings.'

"It said: 'This is the land of our birth, if it will not be of benefit to us, it must not be used to destroy us. Isn't it intriguing how our resources are being exploited to under develop us?' "Youth for Action Ghana called on all youth groups, student organisations, civil society, religious bodies and all progressive organisations to condemn this flagrant abuse of human rights, saying 'Yen ara yen asaase ni! Our forbears secured this with their sweat and blood. We shall and we must defend it at all times. We must resist the oppressors' rule both from within and without.'

"Meanwhile, WACAM in a release issued on Wednesday condemned the intimidating tactics of Brong Ahafo Regional Police Commander, Assistant Commissioner of Police (ACP) Opare Addo and the arrest of the West Africa Regional Governance Advisor of Oxfam America, Ibrahima Aidara and six others.

"A statement signed by the Executive Secretary of WACAM, Mr Daniel Owusu Koranteng said the arrest of Mr Aidara and six activists of WACAM took place on Monday November 27.

"The statement said Mr Aidara was holding a meeting with the Yamfo Community, one of the communities affected by the mining activities of Newmont Gold Ghana Limited, to solicit first hand information before a scheduled tour/meeting with officials of the Newmont Ahafo Mine Project Site on November 28.

"It said ACP Opare Addo accused the organisers of holding a meeting at a public place without permit. 'Since when was a state of emergency declared in Yamfo to demand that permit be obtained before private meetings are held?"

"WACAM said: 'It is shameful and an act of cowardice that poor, powerless citizens cannot freely organise a private meeting to discuss issues bothering their livelihood because they are not complying with the desires of a powerful multinational company.'

"The statement said WACAM was 'worried about the spate of Police brutalities on poor and defenceless mining communities usually instigated by powerful and influential mining companies'. "WACAM said it was 'disappointed that this incident happened a few days after Her Excellency Mary Robinson, Former United Nations High Commissioner for Human Rights had issued a release calling on both the Government and mining companies to take steps to end growing violence in mining communities perpetrated by security agencies'.

"The statement urged Newmont to stop using the Police or the Military to brutalise and violate communities' rights to have meetings, peaceful protests and demonstrations. "The Company should also recognise and respect human rights in accordance with socially responsible corporate practice as well as implement appropriate mechanisms for consultation, participation and dialogue with relevant stakeholders, within appropriate time frames and timely information as a way of reducing mistrust and conflicts." Newmont later distanced itself from the arrest, saying it had no hand in getting the people arrested. 7 May 09