NRGI and Mineral Commission organizes workshop on proposed amendments of Act 703

The Natural Resources Governance Institute (NRGI) and Mineral Commission will this week hold a two-day Civil society consultation session on proposed amendments to Ghana’s Minerals and Mining Act, 2006 (Act 703) and related sector reform efforts by the government starting Monday, 17th to 18th February 2020 in Accra.

This follows a successful technical session organized last year and the enthusiasm it has generated for reform of the mining sector generally, the MinCom (with clearance from the sector Ministry) and NRGI, are pleased to collaborate to further convene a civil society consultation session on the proposed amendments to the Act 703 and related sector reform efforts by government.

The consultation session is expected to produce three outputs: a comprehensive memorandum that highlight(s) CSO’s consolidated observations and recommendations for improving government’s mining sector legal reform proposals; a consolidated report summarizing the concerns of civil society on the proposed amendments to Act 703 and the related draft legislative instruments; and a highlight of opportunities for CSO-led stakeholder engagements that can stimulate key action points for effective civil society advocacy on the proposed mining sector legal reforms.

Also, the consultation session will be convened with the following outcome objectives: to keep civil society informed as well as to build a shared understanding of the government’s reform plans for Act 703 and related laws; and to build an understanding of the challenges that confront the mining sector in Ghana and make recommendations where necessary for improving government’s mining sector legal reform proposals, particularly to Act 703 and the two new draft legislative instruments: draft Minerals and Mining (Local Content and Local Participation) Regulations, 2020; and draft Minerals and Mining (Royalties) Regulations, 2020.

In October 2018, the Minerals Commission (“MinCom” or “the Commission”) requested memoranda (comments/proposals) from key sector stakeholders for possible amendment to the

Minerals and Mining Act, 2006 (Act 703). Act 703 and the Minerals Commission Act, 1993 (Act

450) are the principal enactments that set out the framework that governs mining operations in Ghana.

Following the submission of memoranda by NRGI and several key stakeholders to the MinCom,

NRGI, as part of its work on supporting progressive agents of change to influence legal reform in the mining sector, on 20 October, 2019 convened a multi-stakeholder technical session at the Golden Tulip Hotel, Accra.

The 20 October 2019 technical session was very successful with the MinCom updating the stakeholders on progress made so far and NRGI and the other stakeholders expanding on their previous proposals for amendment to Act 703.

Below is the invitation circular to participants:

This is to further remind you of NRGI/MinCom’s invitation to a two (2) days residential convening, i.e., a civil society consultation session that focusses on the proposed amendments to Ghana’s Minerals and Mining Act, 2006 (Act 703) and related sector reform efforts by government.

As promised, we have reviewed the concept note and the agenda to reflect a longer time for civil society to engage the MinCom on the legal reform proposals. Accordingly, we have attached for your information and guidance the approved agenda and concept note spelling out the background and objectives for this convening.

We have already shared with you the following documents, which we reattach hereto for your review and preparation for the convening:

1. Government’s proposals for amendments to Act 703 after considering comments from mining sector stakeholders; and

2. A draft Minerals and Mining (Local Content and Local Participation) Regulations, 2020.

You’ll recall we also indicated in our earlier emails that there is also a draft Minerals and Mining (Royalties) Regulations, 2020 which needed to be scrutinized but which had not yet been shared with us. As of now, we have not yet received that document. We have accordingly informed the MinCom that a separate convening will be necessary for the royalty regulations when it is finally shared with us. We shall share the draft with you as soon as it is forwarded to us as promised by MinCom. In the meantime, let’s focus on the proposed amendments to Act 703 and the draft Minerals and Mining (Local Content and Local Participation) Regulations, 2020 for this convening. You’ll notice a reflection of all these in the approved agenda attached.

The session is scheduled as follows;

Date: Monday, 17th February 2020 to Tuesday, 18th February 2020 at the Hill View Hotel, Accra and starts at 9 a.m. the first day and 8 a.m. the second day

Venue: Hill View Hotel (formerly ISGC), Abokobi-Accra

Nb: Arrival is on the evening of Sunday 16th February 2020.

As civil society, an important aspect of this convening will be the time allotted for us to scrutinize the proposals. As you can glean from the approved agenda, we have an average of 4-5 hours each day to do that. In the circumstances, could each participant indicate to us by COD tomorrow if you would desire to give a presentation of your comments in PowerPoint, organized write-up or just on your feet without PowerPoint. This is essential to enable us plan an approach that will be most beneficial to each participant.

Most of you have already confirmed your participation. We will appreciate it if the remaining invitees could confirm their participation to NRGI by COD tomorrow to enable us finalize logistics for this event. Do not hesitate to contact us if you require further clarification.

We look forward to hearing from you and hope to have the pleasure of your company.

Source: Adnan Adams Mohammed