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Article

2 Jul 2010

Author:
Frederick Asiamah, Public Agenda [Ghana]

Newmont favours contract transparency - But Chief State Attorney disagrees [Ghana]

President John Evans Atta Mills' directive that all current and future agreements with companies to develop the nation's extractive resources be made public may never be followed through because legal advisors to the State have a contrary view. According to Ms Ama Jantuah Bamful, Chief State Attorney, emphasis should not be placed on transparency of the contracts; rather the worry should be about how people secure contracts. "A contract is a private treaty," she emphasized, arguing that usually not too much is put in the contract terms. However, Dr Chris Anderson, Director of Corporate and External Affairs at Newmont Ghana, holds a contrary view. He argues that contract secrecy is not a good thing for the extractive sector. "I cannot see why any investment agreement should be confidential." He suggested that 'commercial sensitivity' which is often the reason for confidentiality clauses in contracts is an over-flawed gimmick.