The Impacts of Mining Industries on Land Tenure in Ghana: A Comprehensive Systematic Literature Review

Abstract

The mining industry is indispensable for development, and in developing countries like Ghana, it drives economic growth by generating revenue and creating job opportunities for millions of people. Nonetheless, irresponsible mining results in the deprivation of people’s right to surface land, predominantly held under customary land tenure, with agriculture as the mainstay of livelihood. Mining activities have extensive repercussions for the land tenure system, resulting in the displacement of people, the loss of land rights, and reduced control and access to land. All these impact the economic, environmental, and social conditions of the people in the community. This systematic literature review thoroughly analyzes the impact of mining on land rights in Ghana, revealing complex dynamics, challenges, and possible remedies. To achieve this, 183 of an initial pool of 495 academic journals, research papers, books, reports, policies, and legal documents were critically reviewed. This research reveals the challenges faced by mining-induced communities because of the displacement which has resulted in the loss of ancestral lands and disruption to community life. The displacement is also coupled with economic disparities and social tension. Furthermore, the ripple effects of environmental degradation, such as deforestation, water pollution, noise, and air pollution, have dire consequences on land use and ownership, particularly for communities dependent on natural resources. This review brings to light various responses and effective strategies to mitigate the negative impacts of mining on land tenure in Ghana. These include community engagement strategies, corporate social responsibility initiatives, and legal reforms. This study reveals that mining compensation depends on the duration of the mining lease, therefore implying that the expropriated parties have reversionary interests in their lands. The procedure for giving the land back to the owner is not explicitly outlined in the law. This underscores the need for a review of the law governing mining, sustainable mining practices, and environmental management to safeguard the land tenure system. This review enlightens policymakers, researchers, mining enterprises, and local communities regarding the intricacies of this convergence, offering a foundation for well-informed decision making. It underscores the crucial importance of upholding sustainable development, social fairness, and responsible resource management within the framework of Ghana’s diverse land tenure traditions.

1. Introduction

Globally, land is a valued asset characterized by abundant natural resources including water, vegetation, soil, and minerals [1]. In Ghana, the economic foundation is predominately agrarian, with substantial waterbodies and diverse mineral resources like bauxite, gold, and crude oil [2,3]. Historically referred to as the “Gold Coast”, Ghana’s extensive gold deposits cover nearly one-sixth of its land area, emphasizing the nation’s significant role in gold production [4]. Ghana’s mining history predates written records, with conflicting claims about its start. Some sources suggest the 4th–6th century [5,6], whilst Allen [7] cites evidence from the 10th century. However, by the 14th century, Ghana was renowned as the ‘land of gold’ for its rich mineral resources [8].

The mining industry is indispensable to the nation’s socioeconomic development. Gold has been the cornerstone of the extractive industry’s success as it is the predominantly mined mineral, accounting for about 97% of the total mining revenue in 2021 [9]. Ghana emerged as the continent’s top gold producer in 2018 [10] and the world’s sixth-largest gold producer in 2020 [11]. The GDP contribution of the mining industry grew from 9.6% in 2021 to 13.7% in 2022 [12]. The growth has not only boosted economic indicators but has also created direct and indirect employment opportunities for approximately 5.5 million individuals [13]. The scale and operational approach within the mining sector has resulted in its classification into two distinct categories: small-scale mining (SSM) and large-scale mining (LSM). There are 16 large-scale mining companies consisting of multinational corporations, such as AngloGold Ashanti Limited and Newmont Gold Ghana Limited (NGGL) [14]. Conversely, small-scale mining manifests in three distinct forms: legally recognized small-scale mining, artisanal small-scale mining (ASM), and illegal small-scale mining (also locally referred to as galamsey).

In diverse socio-cultural and political contexts, mining operations give rise to intricate resource tenure issues with overlapping statutory and customary laws [15]. Ghana has a dual system of land tenure: customary and statutory land tenure [16]. Ghana has a diverse ethnocultural landscape that influences customary land tenure, while statutory lands are held by the government [17,18]. Approximately 78% of Ghana’s total land comprises customary land [19]. However, this poses complexities, as minerals beneath the soil are vested in the President, who acts on behalf of and with the trust of the Ghanaian people [20]. Employing the Mineral and Mining Act of 2006, mineral-rich lands are appropriated and mining concessions are granted to companies for mineral extraction. This subsequently leads to displacement as people leave their homes and ancestral lands, leading to the forfeiture of their land rights. In Ghana, mining operations significantly impact land tenure systems, giving rise to intricate challenges related to land ownership, displacement, and compensation. This is exemplified by the operations of NGGL, who have acquired nearly all the farmlands in the Kenyasi and Ntotroso communities [11]. The sector alters the conventional norms governing land use, ownership, and access to land [11]. It changes the socio-economic structure of these communities, affecting their way of life. Additionally, mining causes the loss of land rights and undermines the community’s strong cultural heritage and spiritual ties to their ancestral lands, which weakens their sense of identity and culture [21].

Numerous studies have delved into the repercussions of mining. Research by Obeng [22] and Barenblitt [23] focused on the effects of mining on forests and ecosystems, while the work of Faseyi [24] and Mensah [25] centered on the impact on water and health. Additionally, Suglo [26] scrutinized how mining influenced the economy and agriculture. However, there is limited research specifically addressing the impact of mining on land rights. The 2011 study by Ayitey [27] concentrated on compensation payments for land use deprivation in mining communities. Botchway [28] explored land ownership and the responsibility of the mining environment in Ghana, drawing on the Mineral and Mining Act of 1986. However, given the substantial changes brought about by the Mineral and Mining Act of 2006 (Act, 703), a recognized knowledge gap exists, underscoring the necessity for additional exploration in this domain. To fill this gap, this research aims to unravel the intricate relationships between land tenure regimes and mining operations. This paper employs a systematic review methodology, meticulously gathering comprehensive evidence on mining operations in Ghana. This study aims to provide a comprehensive understanding of the multifaceted relationship between land tenure systems and mining activities. Central to this review is the investigation of the following questions: (1) What are the legal and policy frameworks in the land and mining sector? (2)What are the alterations in land ownership structures and land tenure systems resulting from the expansion of mining operations? (3) What environmental and socio-economic consequences do mining activities have on communities’ access to and utilization of land resources?

This study provides insightful information for various stakeholders, such as local communities, mining companies, policymakers, and researchers. This research raises awareness of the impact of mining activities on land rights and livelihoods. Also, this research will advise stakeholders to require stricter environmental and social impact assessments before approving mining projects, helping to mitigate long-term effects on land tenure and the livelihood of local communities. This research will assist policymakers in creating a fair and transparent compensation framework for those impacted by mining, addressing both land loss and long-term economic and social impacts on communities. Furthermore, the findings will inform stakeholders on the need for stronger legal protection of tenurial rights, particularly in customary lands, and help develop policies that secure land rights and help mitigate challenges related to displacement.

2. Materials and Methods

This research employs a systematic literature review methodology which, according to Kangura [29], involves formulating review questions, conducting a thorough literature search across diverse academic databases, and screening and selecting studies according to clearly defined inclusion and exclusion criteria. To answer the research questions, this study conducted an extensive literature search and screening based on precise inclusion and exclusion criteria. Detailed data collection and analysis were performed to thoroughly achieve the research aim.

2.1. Keyword Combination

To address pertinent parts of this study, many keyword combinations and variations were employed using Boolean operators like ‘and’ and ‘or’ to refine and control the search results. The search strings used included combinations like ‘economic’ OR ‘cultural ‘social’ OR ‘health’ OR ‘environmental’ AND ‘impact’ OR ‘effects’ AND ‘mining’ OR ‘small-scale mining’ OR ‘large-scale mining’ OR ‘artisanal small-scale mining’ OR ‘illegal mining’ OR ‘Galamsey’ AND ‘land rights’ OR ‘land tenure’ OR ‘customary land tenure’ AND ‘Ghana’. These combinations and variations were applied across all databases to gather comprehensive information.

2.2. Inclusion and Exclusion Criteria

In the establishment of the inclusion and exclusion criteria, the chosen publication dates encompassed peer-reviewed journals published from 1935 to 2024, excluding those published before 1935. The language criterion involved selecting articles in English while excluding those in languages other than English. For article types, only those available in full text to the authors were included. Additionally, articles accessible through electronic databases were included. The main theme criterion encompassed articles addressing the impacts of mining on land tenure, excluding articles that did not distinctly focus on the relationship between mining and land tenure. The inclusion and exclusion criteria ensured that only studies directly addressing the study issues were selected, allowing the review to concentrate on articles that provided insightful analysis and relevant data. Finally, the selection of credible and dependable sources was ensured by excluding studies on unrelated countries, weak methodologies, and duplicated studies. For instance, Zhao and Niu’s [30] article on the bittersweet impact of mining in China was excluded because of its geographical location.

2.3. Literature Screening and Selection

Multiple searches were conducted to ensure that a rigorous methodology and comprehensive coverage of relevant information were achieved. The data were gathered through electronic searches of databases such as MDPI, Scopus, Springer, Taylor and Francis, Research Gate, Wiley Online Library, Elsevier, Science Direct, Sage Journals, and Google Scholar.

These platforms were used because of their access to numerous peer-reviewed journals and diverse academic disciplines. Out of the initial 495 papers retrieved, 255 remained after duplicates were removed. Further screening for relevance was performed where titles and the contents of abstracts were reviewed, leaving 183 studies.

2.4. Data Analysis

The analysis of the effects of mining on land tenure in Ghana involved a systematic review encompassing qualitative and quantitative empirical studies using MAXQDA 2020. All the collected literature was imported into software and organized into document groups based on thematic focus areas, such as land tenure systems, environmental impact, mining history, economic impact, and legislation. A robust coding system was developed to align with the research questions to ensure structured and thorough analysis. The coding system was set up with major themes such as displacement, compensation, social impact, cultural impact, and economic impact. Environmental impact had sub-themes such as noise pollution, water pollution, air pollution, forest loss, and agricultural loss. Additionally, memos were attached to the codes to document the researchers’ analytical thinking, decisions, and emerging insights, enhancing transparency and allowing for the tracing of how interpretation evolved through the process. With the aid of software, the Code Relations Browser was used to explore the relationships between different codes. This was used to explore the relationship that mining has on the environment, community, and the land tenure system. For accuracy and consistency, the coding was reviewed regularly. Also, to validate the results, different literature material was used and the Code Relation Browser from the software was also used to make sure to cross-check themes and codes to ensure the findings were consistent.

2.5. Limitation

This study faced challenges, including limited resources, that prevented access to key databases and journals, resulting in incomplete literature coverage. Additionally, funding constraints made it difficult to access certain articles that required payment. The exclusion or difficulty in obtaining unpublished studies, theses, and gray literature may have skewed the results, potentially leading to the under-reporting of significant research.

3. Results

The findings offer intriguing perspectives on the broader dimension of mining and land tenure. The information gleaned from the analysis of relevant articles is arranged in this section based on the review’s identification of the major themes. As per the outcomes of the MAXQDA analysis, the themes addressed in this section encompass legal and regulatory framework, community support, socio-economic impact, and environmental consequences with a focus on health, water, air, noise pollution, vegetation, and the destruction of farmlands.

3.1. Legal and Regulatory Framework

Several laws were passed to establish a system more in line with British colonial interests and to assert control over land. Notable examples of these laws are the Land Bill of 1897, the Public Land Ordinance of 1876, the Crown Land Bill of 1894, and the Land Ordinance of 1900 and 1939. After independence, a series of legislation policies were passed that significantly changed the land tenure system and the mining industry. Among these were the Administration of Lands Act (Act 123), the State Lands Act (Act 125) which has completely been replaced by the Lands Act 2020 (Act 1036), the Minerals Act of 1962, and the Concession Act of 1962.

The Mineral and Mining Law (PNDCL 153) was implemented in 1986 and later amended in 1994 with the Mineral and Mining (Amendment) Act of 1994 (Act 475). However, the Mineral and Mining Bill was enacted in 2005, which led to the enactment of the Mineral and Mining Act of 2006 (Act 703). This is the principal law regulating the mining industry. Act 703 was amended in 2015 with the Mineral and Mining (Amendment) (Act 900). There are also the Minerals Development Fund Act of 2016 (Act 912), the Minerals Income Investment Fund Act of 2018 (Act 947), and the Minerals and Mining (compensation and resettlement) Regulations (LI 2175). To enforce mining laws effectively, regulatory bodies such as the Minerals Commission regulate mineral resources (Minerals Commission Act, 1993, Act 450), and the Environmental Protection Agency (EPA) ensures environmental compliance (Environmental Protection Agency Act, 1994) (Act 490). These bodies collaborate to streamline licensing processes, monitor environmental impact assessments, and enforce health and safety standards (Minerals Commission Act, 1993; Environmental Protection Agency 1994). Accordingly,

Table 1. Summary of the laws and their impact on tenure security and mining.

Year	Legislation	Impact on Tenure Security and Mining
1876	Public Land Ordinance	Established British control over land by taking ‘unoccupied or wastelands’
1894	Crown Land Bill	Consolidated crown land ownership and vested mineral resources in the Crown
1897	Land Bill	The bill discarded the automatic acknowledgement of people’s land ownership, replacing it with settlers’ rights, which could be upgraded to absolute rights through the governor’s issuance of a land certificate
1900	Land Ordinance	The ordinance streamlined the process of obtaining land concessions by engaging in negotiations with local chiefs, thereby ensuring landholders’ title security
1939	Land Ordinance (Amended)	Similar to the 1900 ordinance but gave concession courts and the governor the ability to adjust the terms of contracts
1962	Land Concession Act	Cease the application of the concession ordinance to stool lands while maintaining existing concessions
1962	Administration of Lands Act (Act 123)	Grants the President the authority to designate any stool land as public property, vested in him as a trustee through an executive instrument, empowering him to act a trustee for the designated land
1962	State Lands Act (Act 125)	Provides authority for the acquisition of land in the interest of the nation
1962	Minerals Act 1962	Vest all minerals in the President on behalf of the people of Ghana
1986	Mineral and Mining Law (PNDCL 153)	Provided conducive environment for foreign investment in the mining sector
1994	Mineral and Mining (Amendment) Act	Revised mining regulations
2005	Mineral and Mining Bill	Paved the way for the 2006 Act
2006	Mineral and Mining Act (Act 703)	Principal law regulating the mining industry
2012	Minerals and Mining (Compensation and Resettlement) Regulations (LI 2175)	Established compensation principles for land acquisition
2015	Mineral and Mining (Amendment) Act	Updated mining regulations
2016	Minerals Development Fund Act (Act 912)	Created fund for mineral development
2018	Minerals Income Investment Fund Act (Act 947)	Established fund for managing mineral income
2020	Lands Act 2020 (Act 1036)	Replaced earlier land acts, modernized the land tenure system

presents a summary of the laws and their impact on tenure security and mining.

The government uses the Mineral and Mining Act of 2006 (Act 703) to acquire land for mining purposes. There is a provision for the prompt payment of fair and adequate compensation [20]. An essential element of compensation is restitution, which is the restoring of an expropriated owner to his or her former state as far as money can go, as if he or she has not been expropriated.

The Minerals and Mining Act, 2006, provides certain principles for the compensation of individuals whose lands have been acquired compulsorily for mining purposes. Section 74 (1) of this Act states that

(1)

The compensation to which an owner or lawful occupier may be entitled may include compensation for

(a)

Deprivation of the use or a particular use of the natural surface of the land or part of the land;

(b)

Loss of or damage to immovable properties;

(c)

In the case of land under cultivation, the loss of earnings or sustenance suffered by the owner or lawful occupier, having due regard to the nature of their interest in the land;

(d)

The loss of expected income, depending on the nature of crops on the land and their life expectancy.

Regulation 3 provides the compensation principles [31], which state that

(2)

To assess the compensation which a claimant is entitled to, the following principles shall be considered:

(a)

In respect of crops,

(i)

The loss of expected income, which depends on the nature of crops and their life expectancy;

(ii)

The loss of earnings or sustenance suffered by the farmer under any customary tenancy or any other interest the farmer may have in the land;

(iii)

Any other disturbance suffered as a result of the grant of the mineral right.

(b)

In respect of the deprivation of the use or a particular use of the natural surface of land,

(i)

The disruption of the socio-economic activities of the claimant;

(ii)

The change or conversion of the use of the land after mine closure;

(iii)

The duration of the mining lease;

(iv)

The diminution of the value of the land as a result of the diminution of the use made of or which may be made of the land;

(v)

The severance of any part of the land from other parts;

(vi)

Any surface rights or access.

(c)

In respect of commercial structures which affect a business,

(i)

The cost of re-establishing commercial activities elsewhere in a similar locality;

(ii)

The loss of net income during the period of transition;

(iii)

The costs of the transfer and reinstallation of plants, machinery, or equipment.

(d)

In respect of immovable property, where there is a loss or damage, the payment of compensation is based on the full replacement cost.

A mining lease is granted for a maximum of 30 years, subject to renewals (Minerals and Mining Act of 2006 (Act 703) (Section 41)), with small-scale mining companies having a maximum of five years, subject to renewal (Minerals and Mining Act of 2006 (Act 703) (Section 85)).

Although the mining companies provide compensation to the expropriated, they also provide some community support. The mining companies provide several corporate social responsibility initiatives and community engagement. For instance, NGGL has implemented programs such as the Agricultural Improvement and Land Access Program (AILAP) and the Skills Development for Income Improvement Program (SDIIP), in addition to engaging in infrastructural projects, community health initiatives, and providing support for education and training [32]. The Newmont Corporation [33] disclosed the presence of the Newmont Ahafo Development Foundation (NADeF) in Ahafo, which, as of December 2018, had accumulated over USD 25 million. These funds have facilitated approximately 120 infrastructure projects and granted more than 8700 scholarships to students pursuing secondary and tertiary education. AngloGold Ashanti Limited has similarly introduced a ten-year socio-economic development plan aimed at ensuring sustained benefits for the Obuasi mine and its surrounding communities from mining activities [34].

3.2. Changes in Land Ownership

This section addresses research question two by looking at how mining has forced people off their lands. Land ownership is seen as the foundation for both riches and political power. Owning land confers social authority and prestige [35,36]. The recognition of the social, political, and spiritual aspects of land makes the community’s residents have a sense of belongingness [37]. However, mining-related displacement disrupts the community’s established socio-political structures and erodes its feeling of cohesion [38]. Mining has displaced a lot of people from their ancestral lands. Adator [11] asserted that mining activities often displace thousands of farmers, making them lose their land rights, with evidence showing that NGGL acquired a significant portion of farmlands in the Kenyasi and Ntotroso communities. After mining operations and reclamation, the law does not explicitly state the process of returning the lands back to the original owners. In 2016, AngloGold Ashanti Limited relinquished about 70% of its initial mining lease to the Minerals Commission, which was designated for community mining [39].

Furthermore, compensation payment under Section 74 of Act 703 includes compensation for the deprivation of land use; loss or damage to immovable properties, in the case of land under cultivation; and the loss of earning sustenance, suffered by the owner or lawful occupier with regard to the nature of their interest in the land and the loss of expected income, depending on the nature of crops on the land and their life expectancy. However, the displacement of the community members results in intangible losses which Turner [40] categorized as a loss of identity, emotional and psychological losses, cultural and lifestyle losses, the loss of self-determination and influence, and the loss of opportunity. The compensation calculations do not account for these intangible losses. Ayimpoya [41] asserted that compensation payments are inadequate.

3.3. Environmental Consequences

This section addresses research question three by exploring the environmental and socio-economic consequences mining activities have on the community. Before colonization, indigenous people used simple tools and techniques like alluvial gold mining, which had minimal environmental impact [5,6,42]. However, after colonization, Pierre Bonnet initiated large-scale gold mining at Tarkwa and Axim in 1879 [8]. Since then, large-scale gold mining has grown in Ghana, employing heavy machinery and sophisticated techniques, resulting in significant environmental disruptions [42]. The effects have been categorized into health, water quality, vegetation, and agriculture.

3.3.1. Health

Gold mining, whether conducted on a small scale or large scale, is associated with the routine discharge of toxic chemicals like mercury, cyanide, and arsenic into waterbodies, posing significant health risks [43]. Exposure to these harmful chemicals poses severe health complications such as skin issues, cardiovascular diseases, neurological damage, and respiratory infections [26,44]. Additionally, mercury exposure has adverse effects on male and female fertility, pregnancy loss, menstrual disorders, and fetus development [45,46]. Furthermore, the machinery utilized in mining operations contributes to air pollution, leading to respiratory ailments like the flu, asthma, and the cold in affected communities [47].

3.3.2. Water Pollution

Good-quality water is significant for human health and environmental well-being [48]. Mining operations contribute to water pollution by introducing harmful chemicals to waterbodies. Globally, ASM emits close to 880 tonnes of mercury annually [49,50]. Illegal mining without regulation utilizes hazardous chemicals like mercury and cyanide, which are released directly into nearby waterbodies [26]. This pollutes both surface and groundwater [26]. Aboka [51] reported that water pumped from boreholes was polluted due to the contamination of underground water aquifers. Their research also indicated a significant compromise of water resources in Obuasi, particularly in the rivers Kwabrafo, Jimi, and Pompo. Duncan [52] reported elevated concentrations of cadmium (Cd), lead (Pb), and iron (Fe) in the Fena River in Amansie Central, Ashanti Region. Similarly, Afun and Owusu [53] documented iron (Fe) levels in the Birim River exceeding the World Health Organization (WHO) guidelines. This presents a serious obstacle to the nation’s sustainable water management [54]. This was demonstrated in 2011 as the severe pollution of the Birim River caused by illegal mining activities caused the Ghana Water Company Limited (GWCL) to temporarily close the Kibi Treatment Plant [55].

3.3.3. Air and Noise Pollution

Machinery used for mining operations pollutes the air [47]. Also, the use of machinery such as heavy earth-moving machines, generator-powered grinding machines, and dynamite leads to earth-moving machines, dynamite, and noise pollution in the community, which can lead to the risk of noise-induced hearing loss (NIHL), which will affect both the miners and the community at large [51].

3.3.4. Vegetation

Mining activities result in the degradation of forest cover, causing harm to biotic features and vegetative ecosystems. Hansen [56] identified mining as a significant contributor to the reduction in rainforests in Ghana. The destruction of forest cover is concerning, as these act as crucial carbon sinks, playing a role in mitigating greenhouse gasses and addressing climate change.

3.3.5. Destruction of Farmlands

The agricultural industry stands as the cornerstone of the economy, occupying approximately 57% of the total area of land and contributing 20.9% to the GDP in 2022 [12,57], surpassing the mining sector. Despite their significance, mining operations encroach upon fertile agricultural lands, displacing farmers [58]. Mining and agriculture are often mutually exclusive, hence increased mining activities lead to the destruction of farmlands by removing topsoil, trees, and vegetation, rendering the land infertile and unsuitable for diverse agricultural activities [26,58]. Schueler [59] highlighted a substantial loss of agricultural land, with was of about 4935 hectares or 45.2% in the Tarkwa, Bogoso/Prestea, and Daman concessions. NGGL has displaced numerous farmers in the Asutifi-North District, acquiring nearly all the farmlands in the Kenyasi and Ntotroso communities [11,60]. This causes diminished agricultural productivity, decreased food security, and the loss of a vital agrarian labor force [58].

3.4. Socio-Economic Impacts

This section address research question three. Mining displaces farmers from their arable lands, which impacts on their economic well-being. A study conducted by Ayinpoya [41] in the Talensi District of the Upper East Region revealed that the majority of the population (83%) relied on agrarian sources for income. However, mining activities displaced a significant number of farmers, leading to a substantial reduction in their annual income, contributing to food insecurity, particularly among expropriated households [41]. Also, mining activities displace farmers, leading to unemployment [11]. In terms of compensation given, there are conflicts about insufficient compensation, no compensation payment, problems recognizing the true landowners, and border disputes [60,61,62]. Unemployment has compelled some affected farmers to partake in illegal small-scale mining, thereby causing adverse environmental consequences [60]. Amoah-Frimpong [63] disclosed that the prevalence of mining taking over agricultural land resulted in a doubling of food prices for domestic food production. Moreover, the community experienced a surge in population due to gold extractions, influencing food prices and rendering living conditions unbearable [41].

4. Discussion

The government is empowered to compulsorily acquire any property for public interest and benefit, provided that fair, adequate, and prompt compensation is offered [20 article 20]. Furthermore, if the acquired property is not utilized for the intended public interest or the purpose of the original owner before the compulsory acquisition is granted, the first option is to reacquire the property based on the value of the property at the time of the re-acquisition [20] (Article 20(6)). This implies that the use of compulsory acquisition terminates the interest of the previous owner of the land. However, the process of acquisition for mining differs significantly. As per Section 74 of Act 703, compensation payment encompasses the deprivation of land use, which, according to Regulation 3 of LI 2175, should be based on the duration of the mining lease (and the conversion of the use of the land after mine closure). This was reiterated by Ayitey [27], that compensation for land use deprivation is designed to address the period of the mining lease (a maximum of 30 years for LSM and 5 years for SSM) along with an additional duration allocated for the regeneration of the mined land. This indicates that the former owners of the property retain a reversionary interest. Botchway [28] supports this notion, asserting that lands acquired for mining purposes under post-colonial laws may still leave a reversionary interest with the original owners. Therefore, the renewal of a mining lease triggers a re-compensation process for the deprivation of land use. Consequently, it begs the question of whether or not the inhabitants receive their lands back after the mining lease. The law is however silent on the process of returning the lands back to the expropriated. In 2016, AngloGold Ashanti Limited relinquished about 70% of its initial mining lease to the Minerals Commission, which was designated for community mining [46]. There are no records of the original proprietors regaining access to their lands or receiving additional compensation for the deprivation of land use. This shifts the land tenure from customary to state-owned, impacting the community’s identity as, according to Asante [64], the land is the most valuable heritage of the community, understanding that “land belongs to a vast family of whom many are dead, a few are living, and countless hosts are still unborn” [65].

During expropriation, compensation is provided, but conflicts often arise over insufficient compensation [60]. Some large-scale mining companies like NGGL provide community support to both the expropriated parties and the larger community. However, this support is insufficient, leading many unemployed farmers to engage in illegal small-scale mining to support their families. This illegal mining has significant environmental consequences [60]. While destroying several river bodies, including River Pra, it also leaves huge pits exposed, posing serious risks to road users and farmers [66]. Ghana’s food security is in grave peril due to ecosystem devastation [66], as the destruction of agricultural lands by mining has led to the doubling of domestic food prices [63].

Based on the results presented, the following recommendations are proposed: There is a pressing need for stringent monitoring and enforcement of environmental impact assessments to check the potential impact of mining on land, water, air, and noise quality. Furthermore, mining companies need to improve upon their community engagement strategies and continue and increase their community development programs, such as agricultural enhancement, educational and infrastructural development, and initiatives for skill development. There should be legislation reforms to protect the land rights of the communities in mining areas. Additional research is essential to collect primary data and delve deeper into the topic, offering concrete evidence on the outcomes of mining companies that have concluded their operations and the subsequent status of their lands and the tenurial rights of the original owners. Furthermore, an examination of the government’s strategies and plans concerning the decommissioning of mining lands warrants further investigations.

5. Conclusions

In summary, this research highlights the complex and significant impact of mining on land tenure, affecting residents, landowners, and the socio-economic fabric of communities. It fills a knowledge gap by revealing the deep emotional and cultural connections people have to their ancestral lands, passed down through generations. This study explores legislation from the colonial to post-independence periods, addressing research question one, but finds that customary land tenure remains inadequately protected during mining operations. In response to research question two, the findings show that while mining contributes to Ghana’s economic growth, it displaces many, especially farmers, disrupting their economic, social, and cultural well-being. Displaced farmers face income decline, food insecurity, and deteriorating living conditions, often leading them to engage in illegal mining, which has further environmental implications. This study also addresses research question three by revealing the environmental consequences of mining, including health issues and water, air, and noise pollution, which exacerbate these challenges.

These issues underscore the need for reforms to legal and regulatory frameworks to better protect tenurial rights, safeguard the environment, and ensure the socio-economic well-being rights of local populations. To address these concerns, amendments to existing laws and the rigorous monitoring and stronger enforcement of environmental impact assessments and the protection of tenurial rights are necessary. Additionally, gathering primary data to support or challenge the findings of this research is recommended.