From Mabo to Obuasi: mining, heritage and customary law in Ghana and Western Australia

This article explores the interaction between mining laws and customary laws in Ghana and Western Australia, with a focus on heritage impacts. The legislation and policies of both countries are explained and compared, and draft model rules for heritage protection in Ghana are proposed. It is written to inform Ghanaian traditional authorities, lawyers and anthropologists/archaeologists, government policy-makers and mining companies operating in Ghana and is a call to action for lawyers and heritage specialists - both Ghanaian and international - to work with traditional authorities in utilising their customary authority and constitutional powers to increase heritage protection.