A large part of unregulated operations and governments’ inability to hold multinational corporations accountable for their ongoing violations of human and environmental rights for business profits, led to the idea of environmental rights as an integral aspect of human rights which has gained traction in recent years.

The need to hold transnational and multinational companies accountable using legal frameworks has resulted in the establishment of many laws both domestically, regionally, and internationally such as the African Charter on Human and Peoples’ Rights 1981, Arab Charter on Human Rights 2004, and European Convention on Human Rights 1950. The United Kingdom is a case in point when interpreting environmental rights from international laws. The Human Rights Act of 1998 established expectations regarding environmental rights, domesticating the European Convention on Human Rights (ECHR) after the Act 1998 came into effect in 2000.

Given the dire consequences of environmental breaches, several governments have taken legal action to guarantee that the right to a healthy environment is recognized as a fundamental human right. This raises the question of whether the right to a healthy environment should be regarded as a fundamental right in each country. The case of Apiate in western Ghana, where a vehicle carrying mining explosives collided with a motorbike, causing an explosion that destroyed hundreds of structures and claimed the lives of at least 13 people. On January 13, 2014, at the Newmont Ghana Ahafo Mine site near Sunyani, roughly 400 kilometers north of the capital, killed six workers and injured four more employees of Consar Limited, the mining firm’s contractor. These are among the cases stemming from the lack of proper mining laws on accountability in Ghana as they do not create an appropriate balance between business, environment, and CSR.

The question of whether multinational Business entities are subjected to strict legal frameworks that conform with United Nations Guiding Principles Pillar 1 and 2 remains unanswered.

States are required to take precautions against third parties, especially commercial businesses, violating human rights within their borders and/or under their control. This necessitates implementing suitable policies, laws, rules, and adjudication processes to prevent, investigate, punish, and address such abuse( UNGP Pillar 1)

, or government-to-government interaction of trade and investment treaties prohibits the governments from holding MNCs accountable as the legal framework of fines appears to be insufficient.

As sustainable development continues to become an important conversation around the world, it has become imperative for the private sector and government to ensure sustainable development through balancing business, environmental rights, and CSR are well represented in trade and investment at both regional and continental trade.

CSR, once thought of as entirely private and voluntary, has since progressed towards greater “legalization” and has been included in governmental programs that move away from exclusively voluntary instruments. For this reason, Ghana must move to the domestication and legislation of CSR laws that ensure strict adherence to address the huge societal divide in mining areas.

The role of Civil societies in bringing attention to legal and enforcement gaps by applying pressure to questionable corporate conduct since the 1990s, especially when it is linked to violations of labor rights, environmental degradation, and other human rights impacts cannot be overlooked without agreeing that, people will continue to protest in mining areas until there are laws that subject big corporations to upholding a balance of Business, environment and CSR in the areas they operate. This makes the recent case in Obuase which led to the killing of seven small-scale miners not different from civil societies fighting for fair opportunities. The many case studies are enough to call for a review of the Minerals and Mining Act, 2006 (Act 703), and Environmental Protection Act 1994 (Act 490), to meet sustainable development needs and the necessity for the “Legalisation of strict CSR clauses.

By: David N. Appiah (Farman)

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Ishmael Awudi is a freelance journalist and the founder of Ghana News Guide (GNG), a new media platform that provides young achievers and entrepreneurs with the opportunity to share their stories to inspire, motivate, and drive societal change. GNG also focuses on developmental stories in Ghana and around the world, maintaining a commitment to professionalism in its news coverage.He also founded Wetour, a local tourism agency dedicated to revitalizing Ghana’s tourism sector with a focus on youth engagement.Ishmael holds a bachelor’s degree from the Ghana Institute of Journalism and is a Dikan Journalism Fellow for 2025.

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