Advocates for Community Alternatives

Author: Richard

  • Government asked to adopt FCAP for accelerated development

    Government asked to adopt FCAP for accelerated development

    Government has been asked to adopt the Facilitated Collective Action Process (FCAP) as the most effective tool in planning and executing development projects in the various district, municipal and metropolitan areas in the country.

    The call was made by Community-Based Facilitators (CBFs) after they had undergone a week-long training at Nkoranza in the Bono East region as part of preparations towards the implementation of FCAP in parts of the Nkoranza South municipality and the Atiwa West district of the Eastern region.

    Also called “Oman yie die”, FCAP aims at strengthening local participation in the implementation of the medium-term development plans of beneficiary districts in Ghana through the active involvement of the community members and is currently being implemented in Fanteakwa South, Abuakwa South, Atiwa West and Nkoranza South by Advocates for Community Alternatives (ACA), a non-profit-making organization which supports West African communities facing threats to their human rights at the hands of multinational corporations.

    FCAP is a community-driven tool that keeps decision-making and community development in the hands of the local community members. It is a tool widely used by Spark Micro-grant, ACA’s partner NGO, in countries such as Uganda, Rwanda, Burundi and Congo to stimulate and accelerate community development initiatives.

    The main goal of this initiative is to have it replicated in all districts in the country in the long-term.

    The Community-Based Facilitators (CBFs) play a lead role in the implementation of FCAP and are responsible for mobilizing their communities and monitoring projects being implemented.

    Cost-effective

    In an interview, the Community-Based Facilitator (CBF) for Akuma near Nkoranza, John Tuffuor, called on the government to collaborate with ACA to replicate FCAP in the rest of the country.

    “I noticed that community-driven projects undertaken through FCAP is cost-effective as compared to similar projects executed by the government so I will recommend to the government to critically study this concept and replicate it in the various districts”, he said.

    He added: “I think government can collaborate with ACA to make this happen. This concept of community development carries the entire community along, with community members assisting with communal labour so it’s helpful.”

    Community ownership

    Another participant, Gifty Acheampong, the Assistant Planning Officer of the Nkoranza South Municipal Assembly, noted that FCAP ensures that communities own the project and thus provide all the needed support required for its implementation.

    “This training has taught me that we can implement projects by paying less when we involve the community members because when they are being involved, they own the project and can support us in so many ways that we cannot even quantify in monetary terms to undertake the project as we want it to look like”, she said.

    “I have come to the realization that if the local government authority would allow communities to have a say in project identification and implementation, it would go a long way to galvanize more support and enthusiasm in the process. This will also ensure that the community members will embrace the project and support its execution whole-heartedly”, Felicity Acquah, the CBF for Akwabuoso in the Atiwa West district of the Eastern region also said.

    The participants were drawn from Asuano, Barnofour, Abountem, Akuma, Brahoho, Nkwabeng, Akumsa Domase, Bonso and Bredi, all in Nkoranza South of the Bono East region as well as Akwabuoso and Ekorso Akwadum in the Atiwa West district of the Eastern region.

  • ACA team meets Similimi community over ECOWAS Court ruling amidst rich cultural display

    ACA team meets Similimi community over ECOWAS Court ruling amidst rich cultural display

    Similimi Community welcomed Advocates for Community Alternatives (ACA) staff for a combination of jubilation and serious discussions on the outcome of a recent ruling by the ECOWAS Court of Justice, which condemned the Republic of Côte d’Ivoire for failing to halt the negative impacts of manganese mining in the area.

    African culture was at its best.  Jonathan G. Kaufman, the Executive Director of ACA, and Lalla Toure, ACA’s Legal Coordinator, were treated to a rich cultural display and mouth-watering local dishes as the community celebrated the Court’s decision of November 30, 2023 in Adou Kouame and 14 others v. Côte d’Ivoire, which validated the claims of 14 representative inhabitants of Similimi, along with a communal self-help organization.  Festivities included dancing, drumming, and a todjo, a traditional meal prepared by men in the bush.

    The court found the Ivorian government culpable of human rights violations in connection with destructive mineral extraction on their traditional lands by Bondoukou Manganese Ltd, an Indian-owned mining company. The government was ordered to pay 20 million CFA Francs to eleven individual plaintiffs, repair environmental damage, resettle the community, and prosecute the authors of the environmental destruction at Similimi.

    The ACA team was joined by representatives of Groupe de Recherche et de Plaidoyer sur les Industries extractives (GRPIE), a non-profit organization that advocates for democratic, transparent, and responsible management of natural resources for sustainable socio-economic development in Côte d’Ivoire and globally.  GRPIE has been working on behalf of Similimi and other communities affected by the operations of Bondoukou Manganese for over a decade.

    The Hopeful Path Ahead

    Celebration aside, ACA’s visit to Similimi was an opportunity to explain the decision of the Court to Adou Kouamé, a key figure in the matter and his people, and to discuss the way forward in the matter.

    The team commended the entire community of Similimi for their tireless efforts at pursuing the case to its conclusion and encouraged them to remain united towards their common good.  Given the constant delays that many successful claimants face in executing ECOWAS Court decisions, however, they should not anticipate that the 20 million CFA Francs awarded by the court to each of the eleven individual plaintiffs and the order to repair the environmental damage caused by the mining project will be honored immediately.

    ACA, GRPIE, and community members all agreed that the Court’s award to the eleven claimants should be managed in a way that benefits the entire community.

    The Fight for Justice

    14 representative inhabitants of Similimi, along with a communal self-help organization, filed a complaint in the ECOWAS Court of Justice in April 2020. The communities were supported by ACA and GRPIE in their capacity as members of the Public Interest Lawyering Initiative for West Africa (PILIWA). The plaintiffs accused the Côte d’Ivoire of illegal expropriation, non-compliance with the rules of due diligence, and complicity in environmental, economic, and cultural damage.

    The Court’s November 30 ruling determined that the State was responsible for violations of Similimi residents’ rights to a healthy environment, to health, to an adequate standard of living, to private and family life, and to freedom of worship and religion. The Court dismissed the Applicants’ claim that their right to property was violated, for lack of sufficient evidence of ownership.  “Even if the Court did not recognize our proprietary right to our ancestral lands, we are indeed happy that our voices were heard by a regional tribunal and that the suffering that we have endured over the years has not been in vain,” said Adou Kouamé, one of the complainants.

  • Njala University in Sierra Leone benefits from ACA’s Community Science training

    About 50 students and faculty members of Njala University in Sierra Leone have benefitted from a day’s training on Community Science facilitated by Advocates for Community Alternatives (ACA), Ghana-based NGO which supports West African communities facing threats to their human rights at the hands of multinational corporations.

    The primary goal of the training was to introduce the participants to the concept of community science so they could practice it in communities they find themselves.

    ACA’s Science Lead, Dr Kwabina Ibrahim, introduced the concept of community science to the participants during which he explained the various relevant aspects of the concept, especially with regards to the involvement community members in the design of sampling protocols, the need to discuss and present technical data to communities, and the importance of validating results with local communities to ensure accuracy and uptake.

    He expressed his organization’s commitment to collaborating with scientists to assist communities with scientific knowledge.

    “Community participation in the production of scientific knowledge about their land, soil, and water is key to ensuring that they are in control of their own future, especially when they come under threat from extractive activities,” said Dr. Ibrahim.  “ACA is thankful to the students and staff of the Njala University for helping to ensure that young scientists are prepared to involve communities in their fieldwork.”

    In his remarks, the Head of the Chemistry Department, Dr. Yahaya Kudush Kawa, expressed his appreciation to ACA for the training which, according to him, has enhanced the capacity of the participants as scientists, adding that it will go a long way to enable them to initiate their own community science projects in future.

    Dr Kawa was of the view that the training would greatly enrich research activities of the university, going forward, and appealed to ACA to routinely hold such sessions in the university owing to its enormous benefits to the students.

    Professor Juana Paul Moiwo, the Director of Research of Njala University, who assisted in moderating the training session, described ACA’s Community Science concept as “science for everybody” saying: “it allows both professional scientists and community members to work together for the good of the community.”

    He was also of the view that this concept is an opportunity for scientists to collaborate with communities to enhance their research works, especially with regards to making their research findings acceptable to community.

    Some participants, who shared their views about the training were very excited about content and acknowledged that it had greatly enhanced their knowledge in community science.

  • Sierra Leone Court of Appeal to hear Koidu Community’s human rights claims

    FOR IMMEDIATE RELEASE

    Sierra Leone Court of Appeal to hear Koidu Community’s human rights claims

    Freetown, Sierra Leone

    Thursday, February 29, 2024

    Koidu Community’s human rights claims will be heard by the Sierra Leone Court of Appeal, thanks to a ruling today that struck out preliminary objections filed by the defendant mining company, Koidu Limited, and scheduled the case for hearing on 16th April 2024.  This appeal will determine whether the community plaintiffs can legally take on a multinational diamond mining company for harm to their livelihoods, their health, and their traditional lands.

    While today’s ruling is technical, it breathes new life into the Koidu plaintiffs’ case, which was dismissed by the High Court in Makeni on 27th October 2022, on the basis that the plaintiffs were not qualified to press their claims in court.  The dismissal order also ruled that the plaintiffs should have used a non-judicial grievance mechanism before going to court, despite also recognizing that the grievance mechanism did not actually exist.

    “The ruling today is a sign of hope, and it has occasioned an opportunity for our clients’ grievances to be heard on the merits,” said Dr. Chernor Mamoud Benedict Jalloh, Esq., the Lead Counsel for the plaintiffs.

    “The outcome of this matter sets important precedent on issues like whether rural people in traditional villages are even allowed to go to court to protect their land rights, and whether companies can stop communities from going to court to protect their rights by signing community development agreements that set up a kind of private arbitration system.”

    Brief background

    Koidu Limited is a diamond mining company that operates in Sierra Leone and is privately owned by BSG Resources Limited (BSGR) through its subsidiary, Octéa Limited. The company is accused of degrading the living conditions of people living near its mining operations and failing to properly relocate them or compensate them for their losses.

    Residents who have not been relocated find it increasingly difficult to farm because waste rock and rubble from Koidu Ltd.’s operations have covered much of their farmland. “Koidu Limited has destroyed our lives,” said Mr. Prince Boima, Chairman of the Marginalized Affected Property Owners Association. “We used to farm and live in peace, but now our lands and water sources are poisoned and covered in rubble. Our homes are shaken by explosives every day.”

    Residents also report that their health has suffered. Dust from the mining operations often covers the community and causes headaches, difficulty breathing, and a burning sensation in the residents’ eyes. The operations have also contaminated the water, and many residents develop skin rashes and digestive problems they did not previously experience. High stress from living with frequent blasting further causes headaches, high blood pressure, heart palpitations, and respiratory problems in the community.

    Despite promising to properly relocate affected community members in advance of expanding its mining operations, Koidu Ltd. has left the people to suffer.  Many community members have neither been relocated, nor compensated for the damage to their properties, health, and livelihoods.  Others have been relocated to a new area, but the conditions of relocation have been incommensurate with what they lost.

    The community is supported in its fight for justice by Advocates for Community Alternatives (ACA), a Ghana-based human rights organization, and Network Movement for Justice and Development (NMJD), a Sierra Leonean civil society organization that organizes communities for a more just society in the face of natural resource extraction.

    The legal journey thus far

    • In April 2019, Koidu resident Aiah Fengai and 73 others filed a class-action lawsuit against Koidu Ltd., five of its parent companies and affiliates, and their Managing Directors, alleging property damage, environmental and health impacts, land and livelihoods loss, and breach of the company’s Community Development Agreement. Before filing, they sought and received permission to serve the parent companies and affiliates in Sierra Leone, even though those entities were formally registered in the British Virgin Islands.
    • In August 2019, an association composed of Koidu residents affected by the diamond mine’s operations filed a lawsuit in the ECOWAS Court of Justice against the Republic of Sierra Leone, accusing the state of violating their human rights by violently repressing the 2007 and 2012 protests and allowing the mining company to destroy their livelihoods, health, and natural environment. The Republic of Sierra Leone never responded to the ECOWAS lawsuit.
    • In February 2020, Koidu resident Morie Momoh and several others filed a second class-action lawsuit, this time in the High Court in Koidu itself. In August 2020, having learned that Octea’s parent company was undergoing a bankruptcy process that had revealed widespread efforts to conceal and dissipate the Group’s assets, the plaintiffs petitioned for orders freezing the defendants’ assets. This order was granted on an interim basis but was vacated when the court dismissed the class-action suit entirely on the basis that the Kono High Court was not a proper venue to launch a civil suit.
    • The plaintiffs refiled their class-action suit in the Makeni High Court in October 2020 and again requested freezing orders. The request was briefly granted but then lifted when the defendants claimed that the previous freezing order had cost them over $6 million and threatened to go to court to enforce their right to collect that sum from the indigent plaintiffs.
    • In June 2021, the class-action lawsuits and individual lawsuits were consolidated before the High Court in Makeni.  After a series of administrative delays, the first arguments were heard in Makeni in March 2022.
    • In October 2022, the High Court upheld the defendants’ jurisdictional objections and dismissed the plaintiffs’ claims, ruling that plaintiffs did not have the legal capacity to file claims relating to customary land rights, to uphold the terms of a Community Benefit Agreement, or to enforce clauses of national legislation that are meant to provide benefits to mining-affected communities.  The Court also ruled that the plaintiffs should have taken their case to a non-judicial grievance committee before coming to court, despite also ruling that the grievance committee had never actually been created.
    • In November 2022, the plaintiffs sought leave of the High Court to appeal the dismissal of their claims.  Leave was eventually granted in November 2023.
    • On Monday June 19, 2023, in Abuja, Nigeria, the ECOWAS Court of Justice ruled that the community members had not adequately proven their case, despite the extensive testimony and documentation of violence and economic and environmental devastation that they submitted, and the fact that the Sierra Leone government neglected even to mount a defense or to deny the claims.

    END

    Advocates for Community Alternatives (ACA) – ACA helps West African communities that are threatened by the destructive impacts of extractives-led development to take control of their own futures. ACA works directly with communities to design their own sustainable development plans and advocate to achieve those plans, and it builds and supports networks of lawyers and other professionals that will serve communities in need. ACA is providing strategic legal support to NMJD as part of their participation in the Public Interest Lawyering Network for West Africa (PILIWA), which ACA coordinates.

    The Network Movement for Justice and Development (NMJD) is a Sierra Leonean civil society organization that engages in advocacy and strengthens the capacity of civil society organizations to effectively engage women, men, children, communities, government and other actors for the transformation of society. NMJD’s vision is of a just and self-reliant society (Sierra Leone) where women, men, children and communities are conscientized and live in dignity without fear and discrimination, especially on ground of sex, race, faith, socio-economic and political status.

    Media Contacts

    1. Abu A. Brima, Executive Director, NMDJ – abu.brima@nmjd.org, +232 88 645314
    2. Dr. Chernor Mamoud Benedict Jalloh – benedictcmj@gmail.com,  +232 76 901637
    3. Daniel Fofanah – danielgfofanah001@gmail.com, +232 76 724066 ACA
    4. Jonathan G. Kaufman, Executive Director, ACA – jonathan@advocatesforalternatives.org, +1(617) 645-4069
    5. Lalla Touré – lalla@advocatesforalternatives.org, +233 50 985 0018
  • Newly trained Community-Based Facilitators poised for action

    Newly trained Community-Based Facilitators poised for action

    In line with its resolve to continue impacting positively on communities, Advocates for Community Alternatives (ACA) has trained 66 Community-Based Facilitators (CBFs) drawn from 19 communities in Atiwa West and Abuakwa South districts of the Eastern region of Ghana on the effective implementation of the Facilitated Collective Action Process (FCAP).

    Also called Oman yie die, FCAP is a partnership between ACA and partner the district assemblies as part of measures to strengthen local participation in the implementation of the Assemblies’ medium term development plans.

    The training program, which took place at Asiakwa, was also attended by 16 officials of the two district assemblies.

    The participants, which included 16 staff of the two partner district assemblies, were equipped with knowledge on participatory approach to development, conflict resolution and the need to accord maximum respect to their communities’ voices on pertinent issues affecting their welfare.

    ACA’s Director of Community-Driven Development (CDD), Nana Ama Nketia-Quaidoo led her team to take the participants through a number of presentations, role-plays and group discussions, among others.

    The CBFs were drawn from Ehiamankyene, Dadetsunya, Ahenkwa, Ahinkwa Sisi, Bepoase, Asedja, Nsuta, Nkankama, Subrima, Gyampomani, Awenare, Akropong, Pameng, Banso, Asunafo, Amonom, Akrofufu, Muoso, Akukuso, Akwaboaso and Asiakwa.

    The rest of the communities represented at the eight-day training programme were Adadientem, Apapam, Akwadum, Apedwa, Adortowa, Bonposo No. 1, Addonkwanta, Operko, Latemu, Agyapomaa, Amanfrom, Maase Payaase, Oboperkunya and Asafo.

  • Bosuso soap-making factory project on course

    Bosuso soap-making factory project on course

    Residents of Bosuso, a farming community in the Fanteakwa South district, are anxiously waiting for the successful completion of a soap-making factory in the town to turn their economic fortunes around.

    They have no doubt that the project, when completed, will offer both direct and indirect jobs to several thousands of people in the area, especially women and the youth.

    The people of Bosuso, led by their chief, Nana Atta Krofa, are taking advantage of an existing palm-oil factory in the area, to put up a soap-making factory to make full use of the residue of the palm-oil factory.

    The residues of the palm-oil factory, especially the palm-kernel, which currently go waste will soon become the major raw material to produce a variety of soap, hence the resolve by the community members to vigorously pursue this laudable project to a successful end.

    The Bosuso community has so far spent $5,250 (Gh.c 62,995) on this project out of its $9,000 microgrant advanced jointly by the Fanteakwa South District Assembly and Advocates for Community Alternatives (ACA), a non-profit-making organisation, which helps West African communities that are threatened by the destructive impacts of extractive projects to take control of their futures.

    The soap-making factory, which is expected to turn around the economic fortunes of the local community, is being executed under the Facilitated Collective Action Process (FCAP), a partnership between the district assembly and ACA as part of measures to strengthen local participation in the implementation of the Assembly’s medium term development plan.

    “We’ve really gone far with the project and currently it’s at the lintel level. We’re going to put additional two blocks on the beam and continue from there. We’re also waiting for the DCE to support us with the specified wood required for the project”, Nana Atta Krofa, said.

    “This livelihood enhancement project will go a long way to boost our local economy and I will everything within my power to ensure its successful completion and I must thank ACA partnering with our district assembly to bring this project to our doorstep.”

  • Abompe embarks on economic transformation journey through poultry business

    Abompe embarks on economic transformation journey through poultry business

    More jobs are expected to be created soon in Abompe and its environs through the poultry business value-chain and turn around the socio-economic fortunes of residents, especially the youth.

    To this end, the entire community of Abompe led by Barima Kwabena Addo, the chief of the area, has commenced construction works on key structures that will house the poultry and other auxiliary structures.

    The project has just commenced with concrete works being done on the sub-structure, after which construction works on the main building (the super structure) will continue.

    This local economic transformation journey by the chief and people of Abompe in the Fanteakwa South district of the Eastern region of Ghana is anchored through the Facilitated Collective Action Process (FCAP), which aims at strengthening local participation in the implementation of the Assembly’s medium term development plan.

    Also called Oman yie die, the project is a partnership between Advocates for Community Alternatives (ACA), a non-profit-making organisation, which helps West African communities that are threatened by the destructive impacts of extractive projects to take control of their futures, and the Fanteakwa South District Assembly.

    ACA is supporting the Abompe Poultry Business with a $9,000 micro-grant.

    “As a community, we resolved to also contribute towards this laudable project by mobilizing ourselves to provide the basic structures to be used as the poultry farm so that the funds expected from ACA can be channeled mainly into the poultry business, we have envisioned for ourselves”, Barima Kwabena Addo said in an interview.

    “As the chief of Abompe, I’m leaving no stone unturned to ensure the successful completion of this project owing to the invaluable benefits it holds for both the present and the future generations of the town.”

  • ACA supports Saamang community to renovate local R/C school block

    ACA supports Saamang community to renovate local R/C school block

    Renovation works on eight classrooms and an office for the local Roman Catholic basic school at Saamang in the Fanteakwa South District of the Eastern region of Ghana are progressing steadily under the Facilitated Collective Action Process (FCAP), a partnership between the district assembly and Advocates for Community Alternatives (ACA), a non-profit-making organisation, which helps West African communities that are threatened by the destructive impacts of extractive projects to take control of their futures.

    When completed, the renovated block will provide a more convenient teaching and learning environment for the kindergarten and the primary sections of the school and ultimately contribute to the overall improvement in educational standards in the district.

    Moreover, the enrolment is expected to increase by 10% one year after it has been completed and put to use, reduce dropout rate by 5% as well as reduced the cost of education for pupils in Saamang by 15%.

    So far, the entire roof of the school has been demolished while new beams with iron rods are being fixed. Also, the pillars are being replaced with stronger ones before the building is re-roofed.

    Out of its $9,000 (approximately Gh.c 108,000) microgrant earmarked for the project under FCAP, the community has so far spent Gh.c 60,000 (approximately $4,500).

    Also called Oman yie die, FCAP is a partnership between ACA) and the Fanteakwa South District Assembly as part of measures to strengthen local participation in the implementation of the Assembly’s medium term development plan.

    In an interview, the Assembly member for the Saamang Electoral Area, Desmond Ofori Abrokwa, said the state of the school block prior to the start of the renovation works was deplorable and adversely affected enrolment as well as effective teaching and learning.

    “It is our hope that when the renovation works are completed, our kids will have a much better conducive environment to go about their studies. Also, teachers will be happy to give of their best when they have good classrooms to teach and an office to hold meetings and mark assignments”, he said.

    According to him, every effort is being made to ensure that all the remaining renovation works are completed before the beginning of next term so that the pupils can use the facility as early as possible.

  • SIMILIMI

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    What happened?

    The inhabitants of Similimi, a village in the sub-prefecture of Bondoukou, about 430 km from Abidjan in the Republic of Côte d’Ivoire, mainly grew cashew nuts, planted other fruit trees, legumes and vegetables on plots of land before manganese mining company, Bondoukou Manganèse SA (BMSA) began operations. These lands were their sole form of economic support until the Ivorian government granted the company a mining concession in the area.

     Organizing workshops to train and exchange views with administrative authorities about the impacts of the mining operations on the lives of the Similimi residents, national and international standards on relocation, and the associated risks.

    Over more than a decade, the operations of BMSA have caused serious disruption to the lives of the people of Similimi. Improper disposal of waste products has polluted the waters, resulting in serious – and sometimes fatal – digestive disorders. Heavy vehicular traffic and extensive strip mining create constant dust and fumes causing respiratory problems. The company’s land clearing activities have deforested the landscape and devastated places of worship, making cultural practices of residents impossible. And the noise of dynamite disrupts residents’ sleep and affects their mental health. Women are particularly affected, as the loss of natural resources undermines their social status and ability to provide for the basic needs of their families.

    It took an advocacy by the community members and Groupe pour la Recherche et le Plaidoyer sur les Industries extractives (in English, the Extractive Industries Research and Advocacy Group, known by its French acronym, GRPIE, for the company to provide a fountain and renovate the village school. GRPIE is the partner organisation of Advocates for Community Alternatives (ACA) in our partner in Cote d’Ivoire.

    Air and water pollution has taken a toll on health conditions of the people vis-à-vis their means of livelihood. As pertains in a lot of mining communities in Africa, farmlands belonging farmers have been taken over for mining activities without the prior notice and approval by the owners. Even though some amounts were paid as compensation, they were inadequate.

    The company has gone further to destroy the sacred hill where the residents previously conducted traditional practices.  Considering all this, the community needs to be relocated immediately.

    Despite numerous complaints addressed to the mining company and the Ivorian authorities, the injuries and human rights violations have persisted without an effective remedy. The people of Similimi have requested repeatedly to be relocated away from the mine, but their prayers have gone unanswered.

     With time, the people of Similimi then decided to file a complaint before the ECOWAS Court of Justice against the Ivorian government in April 2020.

     What’s new?

    On Thursday, November 30, 2023, the ECOWAS Court of Justice, at its sitting in Abuja, declared the Republic of Côte d’Ivoire guilty and ordered the government to pay 20 million CFA Francs each to eleven individual plaintiffs and to repair the environmental damage caused by the mining project.

    Residents of Similimi could not hide their joy upon hearing this as they celebrated this decision of the ECOWAS Court of Justice, which found the Ivorian government culpable of human rights violations in connection with destructive manganese mining on their traditional lands. 

    On Monday December 11, 2023, the ECOWAS Court of Justice released its judgment on the ruling, which justified its earlier ruling against the Ivorian government in a case brought before it by 14 representative inhabitants of Similimi, along with a communal self-help organization.

    “It is precisely this failure to act, to prevent environmental damage and to hold offenders accountable, who feel free to carry out their damaging activities with a clear expectation of impunity, that characterizes the Respondent State’s violation of articles 1, 16 and 24 of the African Charter and article 12 of the ICESCR”, the court said in its ruling.

    The court further accused the Ivorian government of failing to take adequate steps to protect the environment, saying: “It is important to note that, despite all the laws it has passed and all the agencies it has created, the Respondent has not been able to point, in its defense, to a single action that has been taken in recent years to hold to serious and diligent account the perpetrator of the many acts of environmental degradation that have taken place in the Similimi region.”

    The Court’s November 30 ruling indeed affirms the plaintiffs’ long-held view that the State is in fact responsible for violations of Similimi community’s rights to a healthy environment, to health, to an adequate standard of living, to private and family life, and freedom of worship and religion. The Court dismissed the Applicants’ claim that their right to property was violated, for lack of sufficient evidence of ownership. 

    Standing up for justice – how the legal battle started

    In the hope of obtaining justice, 14 representative inhabitants of Similimi, along with a communal self-help organization, filed a complaint in the ECOWAS Court of Justice in April 2020. The communities were supported by two-member organization of the Public Interest Lawyering Initiative for West Africa (PILIWA), Advocates for Communities Alternatives (ACA) and GRPIE.

    The plaintiffs accused the State of Côte d’Ivoire of illegal expropriation, non-compliance with the rules of due diligence, and complicity in environmental, economic, and cultural damage.

    “Even if the Court did not recognize our proprietary right to our ancestral lands, we are indeed happy that our voices were heard by a regional tribunal and that the suffering that we have endured over the years has not been in vain,” said Adou Kouamé, village chief of Similimi and a complainant.

    “We welcome this decision of the ECOWAS Court of Justice which recognized that the State of Côte d’Ivoire voluntarily facilitated and permitted the actions of BMSA, leading to the deterioration of the environment, causing health problems among residents, deteriorating the quality of water and air, destroying their crops and places of worship,” declared Mr. Rashidi Ibitowa, lawyer for the plaintiffs.

     

    Road to justice – Highlights of activities in the last few years

    Complaints registered by the residents to the authorities on many times have fallen on death ears as no action has been taken to protect them from the negative impacts of manganese extraction. 

    To this end, ACA and its Ivoirian partner, GRPIE, stepped in with local lawyers to support the people of Similimi with the following:

    1. Awareness Raising
    • Organizing several meetings with the people of Similimi to help them understand their rights and the strategic actions they can take to address the risks of mining and defend their interests.
    • Organizing a learning exchange to share experiences with other communities that have been affected by mining and been through the process of relocation.

     

    1. Advocacy
    • Advocating and lobbying Ivoirian authorities about the need to relocate the community.
    • Creating pressure at the international level on the dangers and suffering faced by the people of Similimi.
    • The Ivoirian government continues to organize meetings with the residents of Similimi, with the aim of eventually relocating them.
    • In August 2020, GRPIE commissioned an independent study into the environmental impacts of BMSA’s operations, which revealed dangerous levels of particulate matter and noise pollution.

     

    1. Legal strategy

    Conducting missions to investigate, document, and collect testimony and evidence necessary for legal action at the national level against Bondoukou Manganèse and at the ECOWAS Court of Justice against the government of Côte d’Ivoire.

    Collaboration with the law firm SCPA les OSCARS in Côte d’Ivoire to provide pro bono legal assistance to the community and represent them in national and regional forums.

    In October 2019 and May 2020, the lawyers for Similimi were granted “ordonnances de compulsoire” – orders from a court that require the company and the government to disclose the documents forming the basis for the renewal of BMSA’s operating permit despite the unresolved complaints of the community.

    The documents provided reveal important procedural gaps, and the community is considering its options.

    On January 29, 2021, the residents of Similimi sued the Republic of Côte d’Ivoire in the ECOWAS Court of Justice for facilitating the pollution of their natural environment, the appropriation of their traditional lands, and the destruction of their sacred sites. The Court initially set the date to release its ruling in February 2022, but later postponed, and eventually the judge’s 5-year mandate expired before the new release date could be set. As of September 2022, the plaintiffs are waiting for the new judge to be appointed to their case and clarify the status of the ruling.

    In October 2019 and May 2020, the lawyers for Similimi were granted “ordonnances de compulsoire” – orders from a court that require the company and the government to disclose the documents forming the basis for the renewal of BMSA’s operating permit despite the unresolved complaints of the community.

    The documents provided reveal important procedural gaps, and the community is considering its options.

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  • Work progresses on Kplandey water project under FCAP

    Work progresses on Kplandey water project under FCAP

    The lack of adequate sources of potable water in the Eastern region town of Kplandey will soon be a thing of the past following the on-going works on the provision of two mechanized boreholes under the Facilitated Collective Action Process (FCAP), a partnership between the Fanteakwa South District Assembly and Advocates for Community Alternatives (ACA), a Non-profit-making organization.

    Now, the boreholes have successfully been drilled while pumping machines have also been installed.

    “We are now left with the erection of pillars so we can place tanks on them. I’m so happy about the speed with which construction works are progressing and I’m sure that the projects will be complete and put to use by the end of the second quarter of this year”, said Mr. Joseph Teye, Chairman of Kplandey FCAP Implementation Committee.

    It is expected that after the pillars are erected and tanks are mounted on them, they will be connected to electricity to enable the pumps supply water into the tanks. Also, a management committee would be constituted to ensure the maintenance and effective management of the facilities before they are finally put to use.

    “Residents currently depend on a manual borehole and some nearby streams for water supply and so when the project is complete, it will bring a great relieve to us, especially women and children because they would no longer have to walk long distances in search of water.”

    With a $9,000 microgrant, the community members are drilling two boreholes at vantage points in the town in partnership with ACA and the Abuakwa South Municipal Assembly. The community has so far spent approximately $5,000 of its microgrant to reach this far.

    SDG 6

    Sustainable Development Goal 6 is about “clean water and sanitation for all.” It is one of the 17 Sustainable Development Goals established by the United Nations General Assembly in 2023. According to the United Nations, the goal is to: “Ensure availability and sustainable management of water and sanitation for all.

    Safe and readily available water is important for public health, whether it is used for drinking, domestic use, food production or recreational purposes. Improved water supply and sanitation, and better management of water resources, can boost countries’ economic growth and can contribute greatly to poverty reduction.