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Ghana: pollution threatens the right to water of community in Adisakrom


Beginning of Action: 17/07/2009 - End of Action: 15/09/2009

Access to sufficient and safe water is increasingly difficult for Adisakrom and other communities in the areas of Iduapriem, Western Ghana, where AnglaGold Ashanti holds a mining concession. The communities' right to water is violated by the lack of state protection against the exhaustion of streams, the pollution of remaining water sources and the inadequacy of water coming from the company's boreholes.

Call to Action

Please write a polite letter to the Minister of Environment, Science & Technology, Mrs. Ayittey, requesting her to take interim measures to guarantee the free access to sufficient water for basic human needs; to ensure proper investigation into violations of national water laws; and to protect the communities against the repetition of such violations of the right to water.

Background

Adisakrom is one of the surrounding communities of the Iduapriem gold mine operated by the South African company AngloGold Ashanti in the Tarkwa-Nsuaem Municipal Assembly in Ghana's Western Region. This region has one of the highest concentration of mines on the African continent. The communities suffer water pollution caused by chemical substances used for large scale mining.
Despite an Urgent Action (0804UGHA) that was launched by FIAN in April 2008 after AngloGold Ashanti discharged untreated waste water into community streams, no appropriate measures were taken by public authorities to ensure access to safe water for all the affected communities.
For generations the most crucial water source for the 250 members of Adisakrom community was the river Angonaben. Yet, reports bring point to the contamination by toxic substances. In addition to the deprivation of their main water supply, the residents suffer from skin diseases and other health problems which they believe are caused by the pollution of the River Angonaben.
The borehole constructed by the company in the "Mile 7" region of the mining area offers no adequate alternative as water quantity and quality are insufficient. Whenever one boils the water, a thin layer emerges on the surface. Not only the access to traditional water sources is destroyed but there is also a lack of emergency measures to enable the communities to access safe water from interim sources. Community members are already facing severe economic constraints due to the loss of access to their traditional land; and they are now even compelled to buy water at a high cost from private suppliers. Women are particularly affected by the limited access to safe water as they are traditionally in charge of providing the daily water supply for their families.

The inaction of the state against the situation in Adisakrom is in full disregard with the national legislation in force. The Water Resources Commission (WRC) Act from 1996 and the subsequent law L.I. 1692 on water use regulations from 2001 gives the Commission the competence to regulate and control the use and management of water sources. The WRC should make use of its monitoring powers to impose measures and sanctions to any water users whose activities pose a serious threat to the environment or to public health. Moreover, the National Water Policy of February 2008 has been built on the recognition of water as a basic human right.
Public authorities in charge have so far failed to thoroughly investigate the water situation in the mining area. Furthermore, they have failed to protect their citizens against the impact of the mining activities on the enjoyment of the right to water.

FIAN Mandate

Ghana is a State Party to the International Covenant on Economic, Social and Cultural Rights, as well as the African Charter on Human and Peoples' Rights and the country is therefore obliged by international and regional law to protect the right to an adequate standard of living, including the right to food and water, as well as the right to health of the communities living in the in the Tarkwa-Nsuaem Municipal Assembly.

FIAN Urgent Action 0910UGHA

Original Letter:

Honourable Minister Ayittey,
Recently I have been informed about the situation which the community members of Adisakrom are experiencing. Living in the Iduapriem mining area of AngloGold Ashanti in the Tarkwa-Nsuaem Municipal Assembly, this community has been deprived of its access to existing water sources.
Residents report that the streams, including the river Angonaben, are contaminated by toxic substances. Because of the pollution, these persons are deprived of their traditional water supply and suffer from various health problems.
The quality and quantity of the water from the borehole constructed by AngloGold Ashanti are inadequate. The victims of pollution are now compelled to buy water at a high cost from private suppliers.
The inaction of the state against the situation in Adisakrom is in full disregard with international law. Ghana is a State Party to the International Covenant on Economic, Social and Cultural Rights, as well as the African Charter on Human and People´s Rights and therefore is obliged to protect the right to an adequate standard of living, including food and water, as well as the right to health of its population.

The inaction is also in disregard with the national legislation in force, including the Water Resources Commission (WRC) Act from 1996, the law L.I. 1692 on water use regulations from 2001, and the National Water Policy from 2008. The WRC should use its monitoring powers to impose measures and sanctions in cases of abuses.

I therefore urge you to ensure that:
a) interim measures are immediately taken to guarantee the free access to sufficient and safe water for basic human needs of the community in Adisakrom;
b) public authorities in charge, especially the Water Resources Commission, thoroughly investigate the impact of mining activities on water in the Iduapriem mining area;
c) citizens are effectively protected against the impact of mining activities on the enjoyment of the right to water; they shall obtain the guarantee of non repetition of such abuses.

Please kindly inform me about the measures you intend to take on this matter.
Sincerely,



Recipients:

Honorable Minister Sherry Ayittey
Ministry of Environment, Science
Mr. Nana Andoh
Environmental Protection Agency/Mining Department
Acting Commissioner Ana Bossman
Commission on Human Rights and Administrative Justice