What Can The Ghana Government Do If It's Taken To The ICC Over Galamsey?

I wonder what the Minister of the Environment, Science and Technology, Mr Mahama Ayariga, thinks of the decision of the International Criminal Court (ICC) to include in its remit, . “crimes assessed in the light of,,,, the social, economic and ENVIRONMENTAL DAMAGE INFLICTED on the affected communities.”

In an announcement made in the Hague, Holland, on 15 September 2016, the ICC said its ICC Prosecutor's Office will, henceforth, give "particular consideration to prosecuting Rome Statute crimes that are committed by means of, or “that result in the destruction of the environment, the illegal exploitation of natural resources, or the illegal dispossession of land.”

Mr Ayariga will definitely be hauled before the ICC, if he continues to insist that the problem of galamsey in Ghana, which has resulted in the destruction of many of the most important water-bodies in Ghana, cannot be tackled by the law enforcement agencies in Ghana. His Government apparently believes that our borders must be effectively controlled; that crime in the society must be tackled head-on; but when it comes to environmental destruction of a type not known anywhere in the world -- even during the rampage by mining companies that came with colonisation -- the matter can be left in the hands of "stakeholders" to deal with.

He must be warned that if his Government is hauled before the ICC, it will suffer disgrace of a type not suffered on the international scene since the Nazis were tried in the Nuremberg trials, that focused on crimes against humanity, at the end of World War Two.

If that happens, the Government of Ghana must not pretend that it has not been warned of the effect of galamsey and that the complaint against it is being orchestrated by "mischief-makers." In February 2016, Minister Ayariga made a statement in Parliament describing in detail, the water situation in Ghana. After he had finished his statement, a Member of Parliament, Mr Alexander Afenyo-Markin, (MP for Efutu) got up to tell the Minister and the House that:

(See: http://www.parliament.gh/ publications/30/1294 )

the Minister had called on all Members of Parliament to help “ensure that pragmatic steps are taken in stopping environmental degradation”. The Minister had “cited illegal mining as one example.” But this call fell short of explicitly telling the people of Ghana, the new policy direction aimed at ending galamsey. If after all the efforts made to procure loans to improve on water supply networks, “we still allow people from this country and foreigners to pollute our water bodies in search of gold, would there be any water at all to be supplied?"

In his consistency, Effutu, (Mr Afeny-Markin said) he had had an interaction with the District Manager of Ghana Water Company Limited, and the Manager's position was that there was "no water coming from upstream into the River Ayensu. As a result, they were unable to even get the minimum two metres to enable them pump!"

Mr Afenyo-Markin went on: “We are aware that River Oti is polluted, Densu is polluted, Pra is polluted and Offin is polluted. It is not a one-day affair. Mr Speaker, even when His Excellency the President visited Dunkwa-on-Offin on 28th of February, 2014, he ... made an observation [that] 'It is the responsibility of the Government to protect our people, our land and our resources but Government cannot do it alone.” ...

“I agree with Mr President. The President [went] further [and said]: “All of us must be seriously involved so that we can win this fight against galamsey”. Mr Speaker, on the same day, the President is quoted as having said that he noted that the River Offin, which used to provide fish and drinking water, could no longer provide these benefits to the people. He further warned that if galamsey was allowed to continue, the effect of it, which is the release of toxic chemicals, could be [to poison] the land and water-bodies and water tables; and even boreholes would get infected by toxic materials in the areas concerned.

“So, Mr Speaker, clearly, the issues are known – ... even if the Hon Minister is able to drill thousands of boreholes, and [the boreholes] get infected, the people would not get clean water."

Mr Afenyo-Markin asked: “So, WHAT are we doing to end galamsey? Mr Speaker, when I started talking about galamsey, some good friends said that I am lucky I do not come from a mining community. Another friend told me that he would not dare talk about galamsey because he may lose votes. But for how long can we overlook the effect of galamsey on our water-bodies and in our water-bodies?

"Mr Speaker, I expected the Hon Minister to come out with a very bold step. With the greatest respect, I am disappointed and it is not personal to him. But ... we [must] come out with a bold decision as a country, to tell the galamsey operators that enough is enough! The time is now! Let us save Ghana.

“This is because if we expand, take loans and cannot supply [WATER] because somebody is mining in that same water-body, or because somebody is using that source of water and because of that, a farmer cannot use that water to farm, then there would be food security challenges. Mr Speaker, at least, I know a beautiful article has been written by a journalist by [the] name Asumin Gyamfi [published on] August 13, 2015. [ED: It was a radio Ghana news commentary and the link is provided below.)

"This journalist has spelt out the effects of galamsey and the threats of galamsey on our livelihood as a people in this country. Mr Speaker, are we saying that the drought [we have are experiencing] is so natural? Are we saying that the degradation of our environment is natural? And are we saying that the human activities cannot be controlled? I disagree on the score that human activities cannot be controlled!

“ Human activities CAN be controlled. We have our security agencies; political leaderships and state institutions who have the mandate. What are they doing? Mr Speaker, we cannot leave it and pretend that it is not a problem. This is because throughout the over 35 minutes Statementmade by the Hon Minister [OF THE ENVIRONMENT, SCIENCE AND TECHNOLOGY], he did not deal comprehensively with the issue of galamsey; of course, I know that it is not the core mandate of his Ministry. It is a collaborative effort but, at least ––

Mr First Deputy Speaker [interrupting]: I am glad you recognise that. It is collaborative and we are currently dealing with some –– I do not know if they have completed it from the Ministry. Not the Water Resources, Works and Housing but the Ministry of Lands and Natural Resources trying to find solutions to some of these problems.

Mr Afenyo-Markin: Mr Speaker, the reason I am drumming this point in is because it is an interlocked matter, this issue of galamsey and the efforts that are to be made by the Ministry in supplying water and efforts by the Ministry of Water Resources, Works and Housing and the Ministry of Lands and Natural Resources, are such that if the two do not work together –– That is why I submitted that I was expecting a Statement from the Hon Minister to the effect that they have acknowledged and recognised that it is a major challenge and that efforts were being made ––

Mr Deputy Speaker: Hon Member, we have very limited time. Could you furnish us with the article you referred to for the benefit of the Ministry?

Mr Afenyo-Markin: Mr Speaker, I would graciously hand [it] over. Everything is here.

Mr First Deputy Speaker: Very well. That will help them.

Mr Afenyo-Markin: Mr Speaker, we are equally aware -- and this is very important -- that people are selling their cocoa farms. These are all captured in this article. People are felling off trees for the purposes of galamsey. The effect of the use of the cocoa farms for galamsey is that we are even unable to produce the expected tonnage. It is not only affecting water.

"So Mr Speaker, I am urging the Hon Minister, and for that matter, the Government, to do everything humanly possible to save our water-bodies so that all the loans that they have procured would not become a debt that they would not be able to pay, and that there would not be any health hazard which would affect the people of Ghana.

[For] ... with all the effects of galamsey on our water-bodies, I do not see how, as a country, we can produce potable water in five years [time]. I do not see how in [the next] five years, we can produce enough water even to support agriculture.” Mr Speaker, on that note, I rest my case and as you directed, I take this opportunity to accordingly tender ... the article by Mr Asumin Gyamfi [August 13, 2015] ( http://www.gbcghana.com/1. 5988261 )...and [another] article, “Galamsey ––The good, the bad and the ugly”... published by Ghana Business (16th February, 2014).”

http://citifmonline.com/2014/ 02/16/galamsey-the-good-the- bad-and-the-ugly/

OccupyGhana says it is determined to take up this matter of galamsey. Generations of Ghanaians yet unborn will have Mr Afenyo-Markin and patriots like him to thank, if they are able to stop in its tracks, this inexorable and unbelievably stupid march by Ghana towards what I have no choice but to describe as a national, 'self-inflicted-genocide'.

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