Summary of contract

• Negotiation, representation, and other relevant context

  The Ahafo social responsibility agreement is signed between Newmont Ghana Gold and the Chiefs and people of the Ahafo Mine Local Community composed by Kenyasi 1, Kenyasi 2, Yamfo, Ntotroso, Wamahinso, Gyedu, Terchire, Adrobaa, Susanso and Afrisipakrom. The agreement shall be in force until the surrender of the Ahafo Mining Lease (Art. 1). The Ahafo Mining Local Community is made up of two districts but the composition of the Community shall be reviewed annually to include community towns based on updated maps provided annually by Newmont Ghana Gold (Schedule 1). The Ahafo Mine Local Community shall be committed to discussions and consultations with Newmont Ghana Gold on issues of mutual interest and promote peace and harmony. The parties abide by the principles of openness and the sharing of information (Art. 2). The agreement aims to provide the Community with the opportunity to participate in the decisions and plans that may affect them and its environs, to define the key issues that the parties intend to address and to provide for a local employment agreement (Art. 3). The parties confirm that the agreement records the mutual understandings reached after extended negotiations and sets policies regarding employment that Newmont Ghana Gold has adopted (Art. 4). Newmont Ghana Gold and its employees shall respect the culture of the Community, use community and public consultative officers as channels of communication with the community, and use existing processes and procedures to address any issues of mutual interest (Art. 20).

• Governance, implementation, dispute resolution

  The agreement provides for the establishment of a forum to deliberate on issues of mutual interest of the parties and to oversee the implementation of the agreement, as well as the establishment of the Newmont Ahafo Development Foundation by Newmont Ghana Gold and the Community to fund sustainable development projects (Arts. 3, 22). The allowances and costs relating to the activities of the forum shall be borne by the Newmont Ahafo Development Foundation and the sources and operation of the foundation shall be specified in an agreement between the parties to this agreement (Arts 22). The forum shall have oversight responsibility for implementing the agreement and it is composed by approximately 40 people including representatives from the communities, Newmont Ghana Gold, the youth, the women’s groups, chief farmers of the affected districts, parliamentarians of the districts, NGOs and the district chief executives (Art. 5). The election of the members shall be by secret ballot (Schedule 2). The forum may establish committees or boards and make rules and regulations to ensure the implementation of the agreement (Art. 6). The members of the forum shall hold office for 5 years, except when her membership is by virtue of her occupation or political position, and can be re-elected for 5 more years. The members of the forum shall not be entitled to remuneration but shall be entitled to the allowances recommended by the forum and approved by the board (Arts. 7). The forum shall meet at least twice a year and the moderator shall preside the meeting. The quorum at a meeting of the forum shall be 50% and decisions shall be by consensus or simple majority (Art. 8). The forum shall have powers to provide for any act in relation to the agreement as it may consider necessary in its capacity (Art. 9). During the forum’s recess or in case of emergency, a standing committee, integrated as described in Article 10.2 of the agreement, shall act on its behalf (Art. 10). The forum shall prepare and publicize a summary of the decisions and issues discussed in its meetings (Annex 2). Newmont Ghana Gold and the Ahafo Mine Local Community agree that Nananom [undefined] have a special role to play to honor protocols and to maintain transparency, peace and harmony and Newmont Ghana Gold has to support Nananom to enable them to play this role. Nananom shall assist to resolve any conflict, receive visitors, NGOs and media enquiring about the mining activities, advise personnel form Newmont Ghana Gold on issues related to the Community, support Newmont Ghana Gold’s agricultural improvement and land access programme through the provision of land to help restore people's livelihood, prevent Galamsey activities within the mining concession and within the community as a whole (Art. 18). The parties agree that all disputes or grievances of any kind arising or related to this document or the policies described shall be settled through mediation and conciliation and renounce their rights to enter into any form of litigation or arbitration on any disputes (Art. 4.2). Newmont Ghana Gold shall assist in capacity building by providing training for people who will participate in the different aspects of conflict identification, management and resolution (Art. 23). There shall be a complaints resolution committee which shall be responsible for resolving any complaints relating to the implementation of this agreement. The complaints resolution committee is composed by a co-moderator who shall be the chairman and four members of the forum appointed on an ad-hoc basis by the chairman in consultation with at least four members of the standing committee such that two members each shall represent Newmont Ghana Gold and the Community. The quorum for a meeting of the complaints resolution committee shall be 3 members including the chairman (Arts. 14-17). The complaints resolution committee shall resolve any complaint according to Schedule 3 to this agreement (Art. 15). The complaints shall be lodged with the chairman of the complaint resolution committee, who shall within 10 days appoint members of the forum to constitute the complaints resolution committee. The chairman shall convene meetings of the committee and resolve the complaint within 30 days upon receipt thereof. When the complaints resolution committee is unable to resolve the complaint it shall refer it to the standing committee of the forum and if the standing committee of the forum is unable to resolve the complaint, it shall refer it to the forum which shall consider and resolve the complaint at its next meeting or at an emergency meeting convened for that purpose. The decision of the forum on the matter shall be final (Schedule 3). The district assemblies shall assist to resolve any conflict arising within the Community and between the Community and Newmont Ghana Gold, work to prevent galamsey activities within the concession and the Community as a whole, assist the Community to select useful development projects and support the projects, assist the community to elect representatives to various committees and the forum (Art. 21). The Ahafo Mine Local Community shall patronize information centers to seek information, attend meetings to get feedback from committees, recognize and support youth associations, participate in the election of representatives to committees and the forum (Art. 19). The parties agree to effectively manage all issues including information and communication management, environmental and social participation monitoring management, land access and compensation management, and environmental and social closure and reclamation management (Art. 23.4). The parties agree to recognize and patronize the community consultative committee established by Newmont Ghana Gold (Art. 24). Schedule 4 establishes the procedure for amending the agreement.

• Community development obligations: Local content

  There shall be a local employment agreement executed between Newmont Ghana Gold and the Community to regulate the employment of unskilled and/or skilled labor from the Community by Newmont Ghana Gold (Art. 28).

• Environmental and social protection

  Newmont Ghana Gold and the Community agree that the Community shall participate in the environmental and social impact monitoring program, and the environmental and social closure and reclamation program (Arts. 25, 27). Newmont Ghana Gold shall produce an updated map of its mining lease at least annually to the forum and the board and the Community shall assist to map out each community town and its settlements and environs. The map shall show in particular: the area belonging to each community town, the area occupied by all mining activities, the area where the Company intends to work in the following year, the area where access is free and the area where access is restrictive (Schedule 5, Annex 3). The Community and Newmont Ghana Gold agree to work together to identify and develop programmes to monitor any aspect of environmental/social impact and environmental/social closure and reclamation. Newmont Ghana Golda shall develop a plan inclusive of standard forms to capture specific environmental/social parameter that needs to be monitored e.g. water quality. The Community shall select at least three community citizens to participate in any monitoring programme (Annexes 1, 4). Newmont Ghana Gold shall assist in capacity building by providing training for people who will participate in the environmental and social monitoring programme so that they can understand the processes and be able to draw objective conclusions (Annex 1). Where compensation has to be paid for crops, developments, land or anything affected by the Ahafo Mine Project, Newmont Ghana Gold shall negotiate the value of compensation with the person or group of persons to whom the compensation must be paid in line with the established negotiation process (Annex 3).