Galamsey! Who Breaks The Law?

"Galamsey" (illegal mining) poses significant environmental, health and social risks in Ghana. The issue is complex, involving the following:

1. Environmental Concerns: water pollution, Mercury and cyanide contamination,

2. Deforestation and land degradation, Loss of biodiversity,

3. Social Impacts: Community displacement, Health risks for miners and nearby residents,

4. Economic instability: loss of fertile land for agriculture.

The recent developments, i.e., the arrests of protesters, authorities detaining individuals protesting against galamsey, etc., have sparked concerns about freedom of movement, speech and assembly. Government of Ghana has launched initiatives to combat galamsey, including military operations and arrests of illegal miners. Local communities have protested against galamsey, citing environmental and health concerns. Also, some protesters have been arrested for allegedly vandalizing public properties, equipment or disrupting galamsey operations, environmental activists accused of trespassing or damaging mining equipment.

Some licensed mining companies are accused of flouting regulations, smuggling rings, being involved in the illegal export of gold and other minerals, etc.

In 2020, about 200 Chinese nationals were arrested for illegal mining. In 2022, a Ghanaian politician was arrested for allegedly supporting galamsey. In 2022, Security Officers implicated in galamsey-related corruption were also fingered.

Did the law deal with them?
Former Minister of Environment, Science, Technology and Innovation, Prof. Kwabena Frimpong Boateng has named some top government officials as being engaged in the illegal mining canker, popularly known as ‘galamsey’.

In a 36-page document written by Prof. Boateng addressed to the President, the Chief of Staff, and the police, he mentioned and accused a former NPP MP in the Ashanti Region of selling illegally acquired concessions at GH¢200,000 each. Other persons cited in the report as being involved in illegal mining activities were Laud Commey, Charles Nii Teiko Tagoe, Frank Asiedu Bekoe a.k.a. Protozoa, Joseph Albert Quarm, Charles Owusu, the late Kwadwo Owusu Afriyie, Captain (Rtd.) Edmund Kojo Koda, Donald Entsuah and an unnamed former Member of Parliament for Wassa East Constituency and the NPP Ashianti Regional Chairman.

Three individuals – Seth Mantey, John Ofori Atta and Ekow Ewusi were alleged to be involved in the sale of excavators, whilst Gabby Asare Otchere-Darko, Kojo Oppong Nkrumah and Kwaku Baako Jnr are said to have done acts which directly or indirectly inhibited the Professor in his fight against illegal mining.

But the attorney general Godfred Dame, described this report as empty and lack evidence.

What did law said?
The laws and regulations regarding mining in Ghana include the:

Constitution of Ghana (1992) Article 36(9): Protects the environment and natural resources, Article 268(1): State ownership of minerals.

Also, Minerals and Mining Act, 2006 (Act 703) Section 1: Defines mining and minerals, Section 2: Prohibits mining without a license, Section 99: Punishes illegal mining with fines and imprisonment.

Minerals Commission Regulations, 2012 (L.I. 2173), Regulation 4: Requires environmental impact assessment, Regulation 13: Prohibits mining in protected areas.

Environmental Protection Agency Act, 1994 (Act 490), Section 1: Establishes the Environmental Protection Agency (EPA), Section 25: Requires environmental impact assessment.

Other Laws are, Forestry Commission Act, 1999 (Act 571), Water Resources Commission Act, 2006 (Act 698), Ghana Tourism Authority Act, 2011 (Act 817)

Government Initiatives
Government tried to form, Operation Vanguard in 2017, a Military-led taskforce against galamsey which eventually led to the death of Major Maxwell Mahama. National Anti-Galamsey Taskforce in 2020, including Inter-Ministerial Committee on Illegal Mining (IMCIM).

Challenges:
1. Corruption allegations against government officials' involvement in galamsey and taken bribery, extortion, and collusion.

2. Security officers accused of protecting galamsey operations and some chiefs and traditional leaders implicated in galamsey.

In Ghana, demonstrations are regulated by various laws and regulations, including: Public Order Act, 1994 (Act 491) Defines demonstration as "any assembly, procession, rally, or meeting" (Section 1). The organizers must notify police 5 days before demonstration (Section 2), and Police may grant permit or impose conditions (Section 3), Prohibited areas, demonstrations restricted near key installations (e.g., President's residence, Parliament) (Section 4).The conduct of the demonstrators must avoid violence, intimidation, or disorder.

Furthermore, during demonstrations in Ghana, police responsibilities include:

1. Maintain public order and safety, Protect demonstrators' rights,

2. Prevent violence and property damage, monitor demonstration routes and assembly points,

3. Ensure compliance with Public Order Act regulations,

4. Provide security for demonstrators, bystanders, and property,

5. Facilitate peaceful assembly and expression,

6. Prevent clashes between opposing groups,
7. Arrest and prosecute lawbreakers,
8. Maintain communication with demonstration leaders,

9. Provide medical assistance when needed,
10. Document incidents and evidence.
11. Use graduated force (minimal force necessary), respect human rights and dignity, A

12. Avoid excessive force or intimidation, and provide medical attention when necessary, the Ghanaian police must adhere to international guidelines, including United Nations Code of Conduct for Law Enforcement Officials and African Charter on Human and Peoples' Rights.

The attorney general failed to prosecuted government officials who breaks the mining regulations law and individuals involved in illegal mining but now desperately prosecuting innocent citizens exercising their democratic right.

Who breaks the law?
Free the citizens now and stop galamsey.
Save our water bodies and biodiversity.
Signed Emmanuel Gameli Dovia Executive Director Institute of Climate Coastal and Environmental Protection- Ghana (ICCEP GHANA) �� +233(0) 242023440

   Comments0