1. Multi-Stakeholder Governance initiatives: Addressing the challenges of ASM sector in Ghana Natalia Yakovleva*, Diego Vazquez-Brust *Winchester Business School, University of Winchester, UK Centre for Business, Responsibility, Accountability, Sustainability and Society (BRASS), Cardiff University, UK Annual Meeting of the American Association of Geographers, 12-16 April 2011, Seattle, Washington, USA

2. What is Governance? Collective and consensual actions to address and regulate welfare conflicts that go beyond the capacity of Governments to solve. Collective and consensual actions to address and regulate welfare conflicts that go beyond the capacity of Governments to solve. Governance requires:  Balance of economic, social and environmental concerns  Minimum framework of principles, rules and laws necessary to tackle identified problems  Multi-sector approach: states, markets, citizens and organizations, both inter- and non-governmental.  Articulation of collective global interests  Consensus on the definition of rights and obligations  Acceptance and Mediation of differences: Deliberative Democracy.

4. Institutional design for governance solutions (Paavola, 2007; Hall & Soskice, 2001)   Governance functions  Exclusion of unauthorised users  Regulation of authorised resource uses  Distribution of benefits and risks  Provision and Recovery of Costs  Monitoring and Enforcement  Conflict resolution  Enablement of Deliberation   Institutional rules  Rules of exclusion  Entitlement rules  Monitoring rules determine  Decision-making rules  Protection rules Governance solutions: Community-based State-based Co-management Multi-level Functional tiers: Operational Institutional Constitutional

5. Interviews with the range of stakeholders of ASM sector in Ghana (2005 and 2008) Range of stakeholders20052008 Government departments56 Small-scale miners and buyers 40 NGOs32* Large-scale mining companies and industry associations 42 Total1610 * includes NGO and university

6. Challenges  Transition from Community Based ( tribal law) to State-Based Governance Solution (Mining Code and Small Mining Regulation)  Customary governance: unified property regime ( surface and mineral rights). State-Based: Separated Property regime (surface and mineral rights).  Design and implementation of to State-Based Governance Functions  Conflict:  Multiple land (farming, fishing, mining) use with traditional ASM vs. Exclusive land Use ( only mining) with current LSM.  Lack of institutions providing employment/unemployment protection for surplus of industry specific labour ( Hall & Soskice, 2001)  Lack of institutions providing deliberation spaces. ( Hall & Soskice, 2001 )

7. Initiatives for ASM sector in Ghana   Small-Scale Mining Project (World Bank, GTZ) 1989 : Provide institutions and rules to implement transition of governance regime (Constitutional)   Mining Sector Development and Environment Project (World Bank) 1995-2001: Land use, allocation of land to ASM (Collective/Operational)   Prestea Action Plan (World Bank) 2005: Enforcement of rights of authorised ( state-based) users, protection of excluded (customary users) (Operational)

8. Initiatives   Alternative Livelihood Project 2005, Protection of excluded land-users/ surplus of mining labour, providing pathways for alternative development based of skills. ( Institutional)   Abatement of Mercury Pollution Programme (UNIDO) 1998-2001 Provision of technical supply to reduce ASM health and environmental risks ( Operational)

9. Outcomes   Small-Scale Mining Project (World Bank, GTZ) 1989 : Acceptance at Constitutional level but failed at operational level.   Mining Sector Development and Environment Project (World Bank) 1995-2001: Excessive focus on policy but little effect on operations.   Prestea Action Plan (World Bank) 2005: Failed to protect ( reallocate) customary users.

10. Outcomes   Alternative Livelihood Project 2005, Failed to provide viable and widely accepted alternatives.   Abatement of Mercury Pollution Programme (UNIDO) 1998-2001 Failed to provide widely accepted alternatives

11. Factors for success/failures of governance solutions  Design failure:  Constitutional: State-based governance is not an appropriate solution for Ghana. Co-management, multilevel governance is required when local knowledge and cooperation is a condition for success.  Institutional: No initiatives to promote institutions/skills that enable deliberation.  Assumes that ‘unregistered’ can be excluded from governance solutions and these would still be viable  Operational: Lack of assessment what works on the ground

12. Factors (continued)  Implementation failure  Top-Down approach fails to interpret acceptance factors at operational levels (limited consultation with end users)  Suspicion of ‘quality of expertise’  Limited transparency  Focus on general advice rather than specific solutions

13. Conclusions  Future programmes should focus on working on improving deliberation to create co-management solutions (including customary stakeholders – informal supply chain, chiefs, galamsey, etc) to address following governance problems:  Exclusion of small-scale miners from access to mineral resources.  Entitlement: No availability of land for ASM.  Distribution of benefits: ASM cannot prospect but LSM can.  Provision of financial and technical support to ASM  No proper system in place to monitor unauthorised users  Enforcement: Implementation of viable alternatives to use of force

14. Policy Implication   Land Regime: Double System of Alternate users for mineral concessions where small scale miners operate on a surface for a short period of time in controlled conditions, followed by large scale operations   Implementation: Negotiated Agreement as alternative to legislative reform