“The earth is the Lord’s, and everything in it, the world, and all who live in it.” (Psalm 24:1)
“The world will not be destroyed by those who do evil, but by those who watch them without doing anything.” – Albert Einstein.
Ghana’s illegal mining, popularly known in Ghana as ‘galamsey’, crisis—the serious and destructive issue of illegal mining—has persisted, leading to dire consequences for the country.
The unregulated practice has come to be regarded as a ‘national crisis’ that has caused significant harm to the environment and local communities. It threatens not only Ghana’s natural resources but also the nation’s social and security structures.
Ghana is well endowed with natural resources, and despite having a comprehensive legal system for mining activities, the ongoing illegal extraction of minerals continues to erode ecological integrity and social stability.
This crisis is not limited to Ghana; it reflects a global challenge where artisanal and unlawful mining operations jeopardise ecosystems and the livelihoods of many.
In the National Geographic edition of March 6, 2018, captioned “Animals, Environment, History & Culture, Science, Travel,” a report filed by Marisa Schwartz Taylor and Kevin Taylor identified that: “Gold mining has always been a part of Ghana, from the ornate jewellery of the Ashanti kings to British colonisation.
In the last several years, however, largely unregulated galamsey mining has ramped up—due in part to Chinese investors who bring sophisticated equipment and a lagging economy that makes the prospect of striking gold too sweet to pass. These often-illegal operations can result in contaminated water, deforestation, and a rise in violent crime.”
Are we truly safeguarding nature in its original form? This question invites us to consider our efforts in conservation and environmental responsibility. Despite numerous initiatives to protect ecosystems and encourage sustainability, it is clear that mining and other human activities have significantly changed the natural landscape. The following paragraphs of this article will examine the “galamsey” discourse, its associated effects and the policy efforts aimed at addressing the menace.
GHANA’S LEGAL STRUCTURE AND CHALLENGES
The primary legislation regulating mining in Ghana includes the 1992 Constitution of Ghana; the Minerals and Mining Act, 2006 (Act 703) as amended by the Minerals and Mining (Amendment) Act, 2015 (Act 900), and the Minerals and Mining (Amendment) Act, 2019 (Act 995); and the Minerals Commission Act, 1993 (Act 450). Other substantive enactments that regulate mining are:
the Minerals Development Fund Act, 2016 (Act 912); the Minerals Income Investment Fund Act, 2018 (Act 978), as amended by the Minerals Income Investment Fund (Amendment) Act, 2020 (Act 1024); and
The Kimberley Process Certificate Act, 2003 (Act 652).
The following subsidiary legislation further regulates different aspects of the mining sector:
Minerals and Mining (General) Regulations, 2012 (L.I. 2173); Minerals and Mining (Support Services) Regulations, 2012 (L.I. 2174);
Minerals and Mining (Compensation and Resettlement) Regulations, 2012 (L.I. 2175);
Minerals and Mining (Licensing) Regulations, 2012 (L.I. 2176); Minerals and Mining (Explosives) Regulations, 2012 (L.I. 2177); Minerals and Mining (Health, Safety and Technical) Regulations, 2012 (L.I. 2182); Minerals and Mining (Ground Rent) Regulations, 2018 (L.I. 2357); Minerals and Mining (Mineral Operations – Tracking of Earth Moving and Mining Equipment) Regulations, 2020 (L.I. 2404); Minerals and Mining (Local Content and Local Participation) Regulations, 2020 (L.I. 2431); andIncome Tax (Minerals Income Investment Fund Exemptions) Regulations, 2020 (L.I. 2433).
These legislations outline the ownership of minerals, the rights and obligations of miners, and the regulatory system for mining operations. Under the listed legal regimes, all minerals in Ghana are considered the property of the state, and the government has the authority to grant rights to explore and mine.
Would-be miners and companies must apply and obtain licences from appropriate authorities (The Minerals Commission being the central unit) before they can conduct mining activities in any part of Ghana.
The enforcement of these laws has proven inadequate in the face of rampant illegal mining activities. Despite the structured licensing process put in place by the law-maker, many miners operate without the necessary permits, exploiting the lucrative mineral resources with little regard for existing laws and regulations.
As noted in a recent article, “Galamsey, as it’s known locally, can also include large mining firms operating against the law ¹. The allure of quick profits from unlicensed operations often overshadows the legislative and regulatory regimes, leading to rampant environmental degradation and social discord.
The situation has led to the consideration of extreme measures in response to this crisis. Hon.Joe Osei Wusu, the First Deputy Speaker of Parliament, voiced his frustration with the ongoing illegal mining practices in Ghana, when he said: “The best way to deal with miners is to use snipers to shoot them” ².
Although the writer disagrees with the suggested method for addressing the appropriate punishment, his feelings play up the urgency regarding the government’s failure to effectively control illegal mining.
SOCIAL CONSEQUENCES OF THE CYCLE OF POVERTY AND CONFLICT
The social ramifications of galamsey in Ghana extend beyond environmental degradation. The influx of illegal miners often leads to land encroachments, destruction of arable farms and crops, displacing farmers and creating conflicts within affected communities.
The situation is exacerbated by the prevalence of child labour in illegal mining operations, which not only exposes children to dangerous conditions but also deprives them of education and future opportunities.
In many communities, the entry of illegal miners disrupts traditional livelihoods, leading to social tensions and conflict. As Joe Osei Wusu remarked in the recent interview again: “Once we meet you on the river destroying it, we must kill you”³, referring to the destructive activities of illegal miners operating in protected water bodies. His comments indicate the frustration and anger felt by many who are witnessing the degradation of their local environments and the erosion of social cohesion.
The informal nature of these operations makes it challenging for governments to enforce regulations or provide support, thereby perpetuating a system of exploitation and degradation. They tend to threaten the security of the country when their activities are unchecked, as we are witnessing in Ghana now.
THE MULTIFACETED NATIONAL SECURITY IMPLICATIONS OF ILLEGAL MINING IN GHANA
Illegal mining, locally referred to as ‘galamsey,’ poses significant national security implications for Ghana. It has been said that mining, while an indispensable economic driver, poses significant threats to national security, as unchecked extraction can lead to environmental degradation, loss of resources, and social unrest, which could undermine the stability and safety of a nation.
In other words, the extensive and unregulated nature of galamsey activities undermines various aspects of national security, including environmental integrity, public health, economic stability, and social cohesion. These implications can be analysed within the framework of existing legal provisions and regulations.
Firstly, the environmental degradation caused by illegal mining activities presents a direct threat to the ecological balance and sustainability of Ghana’s natural resources, which are cardinal for the nation’s security and well-being.
The widespread contamination of water sources and deforestation resulting from illegal mining not only endangers the environment but also impacts public health and agricultural productivity.
This tends to jeopardise the fundamental rights to a clean and healthy environment, as enshrined in the Constitution of Ghana and various environmental laws and regulations.
Furthermore, the economic fallout of galamsey can have severe repercussions for Ghana’s financial security and stability. The loss of revenue from appropriate mining activities and the increased cost of environmental remediation, including land reclamation, strain the national economy.
This economic destabilisation can hinder the government’s capacity to provide essential services such as clean drinking water and fulfil its obligations to the citizens, which could potentially bring about or lead to social unrest and conflict.
Experts have warned that: “Water pollution from galamsey is causing chronic diseases and Ghana could be importing water by 2030”⁴. The Minerals and Mining Act, 2006 (Act 703) and its amendments bring out the importance of sustainable and responsible mining practices to safeguard the economic interests of the nation.
In addition, the social consequences of galamsey, including land encroachments, displacement of local farming and peasant communities, and the perpetuation of poverty, contribute to social instability and conflict.
The resulting breakdown of social structures and communal harmony undermines the fabric of societal security. The Minerals and Mining Act, 703, recognises the need for social responsibility and community engagement in the mining sector to mitigate these negative social implications.
Moreover, the extensive influx of illegal miners and the associated activities often lead to the exploitation and abuse of vulnerable populations, including women and children.
The prevalence of unsafe working conditions and the use of hazardous materials in illegal mining operations pose significant risks to the health and safety of citizens and community members, which further exacerbates the social implications of galamsey.
This exploitation and endangerment of vulnerable groups not only undermines the fabric of societal security but also challenges Ghana’s adherence to international human rights laws and conventions.
For instance, according to a UN Office Drugs and report it was recorded that: “Illegal mining and trafficking in precious metals negatively impact peace, stability, security, development, governance, the rule of law, the environment and the economy.
Furthermore, illegal mining of precious metals is often accompanied by serious human rights abuses, and it can have severe environmental impacts, including deforestation, land degradation and pollution.
Illegal mining and trafficking of precious metals are often linked to economic crimes such as tax evasion, fraud, and corruption, by exploiting loopholes in regulatory frameworks. Due to the high profits associated with precious metals and the often-low risks of being arrested or prosecuted, organised criminal groups are exploiting this sector.”
LEGAL PROCEEDINGS AND PENALTIES IN GHANA’S ONGOING BATTLE AGAINST GALAMSEY: INSIDE PROSECUTION RECORD.
Ghana’s struggle against illegal mining has intensified, with over 850 persons currently facing prosecution for their alleged engagement in these illicit activities.
The Attorney General and Minister for Justice, Godfred Yeboah Dame, disclosed that: “140 cases of illegal mining are being investigated across five regions,” which revelation stresses the government’s seeming commitment to addressing the environmental devastation caused by these operations.
Dame noted that: “Illegal mining, galamsey, continues to cause damage to our forest reserves and water bodies, which has heightened concerns regarding the ecological impact of illegal mining activities.”
According to the A-G, significant progress has been made in the legal realm, with 76 convictions reported since August 2021, including the high-profile case of Aisha Huang, a Chinese national often referred to as the ‘Galamsey queen.’
Huang was sentenced to four and a half years in prison and fined 48,000 Ghana cedis ($4,000) for her role in running an illegal mining operation. Her case, which gives credence to the involvement of foreign nationals in galamsey, draws attention to the ongoing challenges faced by Ghana in combating this issue, particularly as illegal mining has reportedly led to the loss of around 150,000 metric tons of cocoa in the 2022/23 season.
The Attorney General also confirmed that the judiciary plays a key role in these proceedings, with strict penalties imposed under the new Act 995, which mandates a minimum sentence of 15 years for non-Ghanaians involved in illegal mining. As the legal process continues to evolve, the Ghanaian government remains resolute in its efforts to protect the nation’s natural resources and uphold environmental laws against illegal mining activities.
THE INTERNATIONAL PERSPECTIVE: LESSONS FROM GLOBAL ILLEGAL MINING TRENDS
The challenges faced by Ghana in combating illegal mining are reflective of broader global trends. This enterprise is reflected in other parts of the world, where illegal mining activities similarly disrupt local economies and social structures. For instance, in regions of Latin America and some parts of Africa, artisanal miners often operate without regard for community rights or environmental safety, leading to similar cycles of poverty and conflict.
In many developing countries, artisanal and small-scale mining operations operate outside formal regulatory norms and standards, leading to similar environmental and social consequences. For example, in Brazil, illegal mining has become a significant driver of deforestation in the Amazon rainforest, with reports indicating that mining activities have increased by 50% since 2014⁹.
In Africa, countries such as the Democratic Republic of the Congo (DRC) and Madagascar also contend with the adverse effects of illegal mining. The DRC, rich in minerals like gold and coltan, has witnessed significant environmental degradation and human rights abuses associated with artisanal mining.
Similarly, in Madagascar, the rise of illegal rosewood logging and mining activities has resulted in severe deforestation and loss of biodiversity. The picture appears to be common in most African countries, especially in West Africa.
These global comparisons reinforce the urgency of addressing illegal mining as a pressing environmental and social issue. Both governments and opposition parties must adopt holistic approaches that prioritise sustainable development, communal engagement, and environmental protection.
A NATIONAL SECURITY CALL FOR SUSTAINABLE SOLUTIONS TO ILLEGAL MINING
The recent calls within Ghana for extreme measures against illegal miners, including military intervention, reveal the desperation surrounding this issue. However, such approaches may not tackle the underlying causes of illegal mining. Instead, a comprehensive strategy is needed, one that integrates security agencies, community engagement, education, and sustainable development.
Addressing these issues requires a multi-dimensional approach that integrates legal, social, and human rights configurations to mitigate the negative impact on vulnerable populations and uphold the nation’s commitment to the protection of the security and well-being of all its citizens.
The mining industry must recognise its impacts on ecosystems and local communities. The New York Declaration on Forests (Adopted in 2014, the NYDF is the major reference point for global forest action), which aims to address industry-driven deforestation, has seen slow progress. Countries must implement stringent regulations and support sustainable mining practices to mitigate the adverse effects of both large-scale and artisanal mining.
In Ghana, efforts should focus on legalising small-scale mining, providing miners with training and resources to operate sustainably. It is hoped that by incorporating local communities into the formal mining structure in line with the Mining Law, Act 703 as amended, the government can promote responsible mining practices and ensure that economic benefits are equitably shared⁷.
1. The Role of Remote Sensing in Combating Illegal Mining
As illegal mining continues to pose significant challenges in Ghana, innovative solutions are being explored to monitor and manage these activities.
Remote sensing technology plays a pivotal role in detecting and mapping illegal mining operations across the country. Organisations like the Centre for Remote Sensing and Geographic Information Services (CERSGIS) are utilising satellite imagery to identify mining activities in highly forested areas, aiding authorities in their efforts to combat illegal operations.
Foster Mensah, executive director at CERSGIS, recently stated: “It can be hard to distinguish between illegal mining and legal mining in an area. When you look at the maps, most illegal activity sits close to legal mining concessions” ⁸. This highlights the need for advanced monitoring systems to effectively address the challenges posed by illegal mining and protect vulnerable ecosystems.
The use of satellite data helps identify areas with significant illegal mining activity that need immediate attention. It is understood that by providing authorities with critical information about the scale and impact of illegal mining, remote sensing technology can support the efforts of security agencies and guide sustainable land-use planning in accordance with the law.
2. Judicial Perspective and Urgent Call for Action
There is no doubt that the persistent issue of illegal mining, locally known as ‘galamsey,’ as seen in the discussions above, has led to dire consequences for Ghana’s security, environment and public health.
This explains why in 2017, the then Chief Justice, Her Ladyship, Georgina Theodora Wood, established fourteen special courts to address mining-related offences, which in itself goes to establish the urgent need for a robust legal system to combat this evil menace.
As stated in the judicial announcement at the time of inauguration of the courts, it was noted that: “As an institution committed to the Rule of Law, we are prepared to lend our support to this renewed fight against illegal mining”⁵. The establishment of these courts reflects a growing public outcry against the environmental destruction caused by illegal mining activities.
In a recent judgment of the Magistrate Court, sitting at Wassa Akropong and presided over by His Worship, Mr Akoande A. Bright, dated 9th May 2023, intituled, JUSTICE OPARE DANQUAH VRS. EDWARD WIREKU, SUIT NO: A2/22/23, the court addressed a case involving a small-scale miner who lacked the necessary licence to operate legally and sought to enforce a contract arising from their illegal mining.
The presiding magistrate, Mr A. A. Bright, underscored the paramount importance of legal compliance with respect to the matter and ruled that: “the agreement between the parties is illegal and, as such, is rendered unenforceable”⁶. This determination serves as a stark reminder that participation in illegal mining not only constitutes a violation of the law but also engenders substantial ecological harm.
The magistrate’s personal observations concerning the extensive devastation wrought by illegal mining are noteworthy and constitute what is known in legal parlance as obiter dictum. He expressed: “I was shocked to the bone marrow… I saw illegal miners on the Offin River in Dunkwa-On-Offin,” thereby revealing in the strongest terms the pervasive nature of this pressing issue.
Furthermore, he articulated the grave circumstances, stating: “..the Offin River is now a pale shadow of itself,” a remark which points to the irreversible damage inflicted upon this essential watercourse.
In addition, in what can be described as the strongest statement ever made by the bench regarding the menace of galamsey, the magistrate’s concluding remarks deserve to be quoted in full:
“As I write this judgment, it is a well-known fact that the Offin River is one of the most heavily polluted rivers in Ghana due to the activities of illegal miners. The Offin River is now a mere shadow of its former self. We have permitted the destruction of God’s creation by those engaged in galamsey.
The fight against galamsey represents a tragic failure of leadership. This failure is significant because many lives are lost as a result of the harmful actions of illegal miners. If the government continues to treat the fight against galamsey as a mere formality, I doubt that Ghana will survive in the next decade. Given the existential threat posed by the devastating consequences of illegal mining, I will never uphold an illegal contract that is intentionally designed to cause irreversible harm to our environment.”
We must commend the magistrate for having the courage to express these views clearly and without hesitation. We say, Magistrate, “ayekoo!”
1, A Call for Community Engagement and Education
To effectively tackle illegal mining, it is important to involve local communities, opinion leaders, chiefs, non-governmental organisations, students, parliamentarians, etc., and educate them about sustainable mining practices.
If we adopt such practices, especially educating community members to take ownership and responsibility, governments can empower citizens and entities to participate in legal mining activities and focus on protecting the environment for our common good.
A significant benefit of community engagement programs is their ability to raise awareness about the environmental impacts of illegal mining and the necessity of adhering to regulations. If the Government makes it a policy to provide training and resources for sustainable mining practices, communities can achieve economic benefits while minimising their environmental footprint in accordance with the law.
It is also imperative for the government to collaborate closely with local communities to develop and implement educational programs that address the challenges associated with illegal mining.
Through fostering open dialogue and collaboration, stakeholders can identify effective solutions that promote sustainable development and safeguard vulnerable ecosystems.
CONCLUSION
The galamsey crisis in Ghana is symptomatic of a broader global challenge. The practice has caused significant damage to many forest reserves and agricultural lands, leading to the pollution of rivers that provide drinking water.
Additionally, Ghana’s physical security is at risk as illegal miners obtain firearms to protect their operations. As the country grapples with environmental degradation and social conflict, it is increasingly becoming important to adopt holistic solutions that address both local and global mining issues.
It is hoped that by encouraging sustainable practices, enhancing community participation, and enforcing effective regulations, Ghana and other countries can ensure that mining contributes positively to economic growth while protecting the environment and maintaining social stability.
As Joe Osei Wusu’s passionate remarks illustrate, the stakes are high, and the urgency for action is palpable. The fight against illegal mining is not merely a local issue; it is a global concern that requires collective action and innovative solutions. It is the writer’s view that by learning from the experiences of countries facing similar challenges, Ghana can chart a path toward sustainable mining practices that benefit both its people and its environment.
In the words of Foster Mensah: “It boils down to providing authorities information and data they did not have before, especially over a wide area¹⁰. The time for action is now, and the world must rally to support Ghana and other nations in their efforts to combat illegal mining and protect our planet’s precious resources.
The fight against illegal mining is not merely a local issue; it is a global concern that requires collective action and innovative solutions. As the WWF Living Planet Report 2024 states: “The choices we make in the coming few years will determine the fate of our planet’s biodiversity and the future of life on Earth. We must act now to protect and restore nature, tackle climate change, and ensure a sustainable world for future generations.” In alignment with this urgent call, the Quran reminds us: “And do not commit abuse on the earth, spreading corruption and causing destruction” (Quran 2:205).
These collective voices drum home the critical importance of immediate and concerted efforts to safeguard the Earth’s ecosystems and biodiversity for the well-being of present and future generations.
By Musah Ahmed,, Esquire, LLB, BL, LLM
