Addressing Human Rights Violations under International Norms: Ghana's Experience with Multinational Corporations in the Mining Sector

Large-scale mining by multinational mining companies in Ghana remains a major contributor to Ghana's economy. The exploitation of minerals, however, has come at great environmental and social costs, with numerous reports of environmental pollution, land dispossession, and the deprivation of livelihoods. This article argues that Ghana's human rights regulatory framework does not provide sufficient guidance on responsible human rights conduct in the mining industry, resulting in corporate human rights violations. Thus, drawing on international best practices, among other initiatives, this article recommends that Ghana should adopt the United Nations Guiding Principles on Business and Human Rights (UNGPs) to provide the needed guidance. It specifically calls on the State to enact appropriate legislation on compliance reporting and human rights due diligence. Additionally, it advises the State to integrate the UNGPs into judicial decision-making and negotiate human rights provisions in bilateral investment treaties. Finally, the article acknowledges the potential influence of the home states of multinational corporations (MNCs), particularly through the implementation of reporting requirements, in order to regulate and monitor the activities of MNCs with a view to reconciling respect for human rights with the business objectives of MNCs.