Declare State Of Emergency With An Interim Ban On Small Scale Mining, Whilst Reviewing The Small Scale Mining Laws

Background
This topic, is a very important ingredient for the Resetting Agenda being pursued by the Government of the Day, under the Leadership of his Excellency President JD Mahama, therefore calls for our collective strive for a better Ghana through the Resetting Agenda,

So, before elaborating on the topic, it is very important to carry you on board, hence an appreciation of the writer and his mission are very important for you to acknowledge, that he is simply providing the facts based on evidences and the testimonies by public figures in order to enrich the public discourses on national issues on the front burner for a Better Ghana. Thus Ghana First.

This writer, is a former Officer of the Ghana Army who has been supporting the Government of the day since 1992, with a genuine and nonpartisan stand for a Better Ghana, for current and future generations. So, concerning the illegal mining activities, bedeviling the Mining Sector of Ghana, the writer has been on the battle against illegal mining activities and fighting for the need to cater for the interest of the rural folks, especially the indigenes in Small Scale Mining since 1996.

Initially, he provided unflinching support to Mining Companies and Benso Oil Palm Plantation in the then Western Region, to deal with illegal miners on their concessions. That was the time, he was serving in the Ghana Army. These supports were done of course as per laid done regulations/ conventions for operations in Support of Civil Authorities, thus on the orders or on the approval of the Western Regional Security Council.

Through the inputs of one Mr YB Amponsah, then Administration and HR Manager of AngloGold Ashanti Iduaprim, Tarkwa (now Labour Consultant) and Col Amadu Disu (rtd), then the Corporate Affairs Director for Golden Star Bogoso/Prestea Ltd, he presented a dossier to the Western Regional Security Council, then Chaired by Hon Mr Joseph Boahim Aiddo (the former CEO of COCOBOD) on how to deal with the security challenges on all fronts in the Region.

This culminated in the deployment of Military and Police personnel in the location Large Scale Mining Companies in the then Wassa West District and Bibiani under cover of OPERATIOINS CALM in the) with vehicles fuel, feeding (3 square meals), accommodation, daily allowance at the huge cost to the Mining Companies effective 2001 to 2012, this made it the first in the history of the Ghana Army in the Fourth Republic.

The troops through their mobile patrols for dominating the affected Districts, helped checked illegal mining activities in the River Ankobra etc, in addition to their main role of dealing with violent crime especially banditry activities and rape. The state of the water in river Ankobra was consumable between 2002 and 2012, during the presence of the Troops in the location of the Large Scale Mining Companies.

Later on, on resignation from the Ghana Army, to take up a job of a Security Superintendent of Golden Staff Bogoso/Prestea Ltd, he recommended to Dr Joyce Aryee, then CEO of the Ghana Chamber of Mines in 2004 for the establishment of the Chamber Security Committee, which she did for among others for Networking and to deal with anti-illegal mining operations.

For the historical records, Chafang machines were first introduced in Tarkwa in 2008, infact they were manufactured and sold in a place called Ackom in Tarkwa, near University of Mines. This was brought to the notice of the Chamber Security Committee by Major Galas Amuzu (rtd). Through the Chamber Security Committee, BNI Officers, under the command of one Mr George Ayema, (now head of Security at AngloGold Ashanti Tarkwa) with Police personnel, nullified the usage for mining through dredging.

He actively took part in anti-illegal mining operations between 2012 and 2013 which were solely sponsored by the State through National Security Secretariat at the Blue Gate, Firstly, in 2012 with the then Sector Minister and others, field operations were conducted as stated below. In 2013, he was one of the key members of the National Security Operational Committee for the deployment/ monitoring of the field Military and Police Task-force personnel, under the Inter Ministerial Committee put in place by the then President of Ghana/ Commander-in-chief of Armed Forces of Ghana, his Excellency President JD Mahama to deal with illegal miners.

In 2017, as part of the love for his Country, especially the interest of the future generations, this writer organized at his personal cost, a National encounter with prominent media houses especially Reps of TV Stations, Radio Stations and Reps of Newspapers numbering 30. During which he briefed participants on the state of affairs and called for decisive actions against Small Scale Mining.

Matters, recommended included the need for segregation of Artisanal Small Scale Mining, by rural folks to be designated as Community Subsistence Mining (Small Scale Mining as put in place by the PNDC in 1989 with PNDCLaw 218) and Commercial Mining for Ghanaian tycoons in mining by introduction of Medium Scale Mining for the tycoons and their Chinese partners. Since the collaboration between the Chinese and some of the Licensed Small Scale Miners was the state affairs on the ground, since mining is capital intensive, thus making the much talked about of Licensed Small Scale Mining both illegal and nonsense.

Lastly, he made a clarion call to the Nation through the media houses for public support to stop illegal mining. Google for ‘Support the push to stop illegal mining by Major Bogobiri’ Google for call for ‘Ban movement of fuel in IBC Containers to Galamasey Sites by Major Bogobiri’. Appeared on both Sky power FM Takoradi, TV3 and Metro TV, Adom TV etc and talked on matters on Small Scale Mining in general. Currently one of the Columnists with Modern Ghanaonline.

As a student of Risk Management, in 2017, during the fora of National and the Regional Stakeholders engagement on how to reduce the risk associated with Small Scale Mining to the barest minimum level, as organized by the then Government of the Day in Accra and Kumasi respectively, he submitted several copies of 38 pages on a paper or proposal at his cost, on how to combat illegal miners successfully. This was based on the history of illegal mining activities in Ghana and personal experiences.

His risk assessment dossier on the State of affairs, reckoned that Ten Regions of Ghana were affected with serious illegal mining activities, with an average of 20 illegal mining sites, making an average of 200 illegal mining sites nationwide. So he recommended that a total of 1070 National Security operational personnel and supporting Staff from Minerals Commission and REGSEC would be required to deal with the state of illegal mining in Ghana.

The composition of the Taskforce personnel for the initial eviction of illegal miners at the same time (concurrent activities at all levels) in all the ten affected Regions, for 10 ten days operation, as follows; Police-400, Ghana Armed Forces-600, BNI-10, Immigration Officers to deal with foreigners-40, and Minerals Commission Reps-10, REGSEC (Regional Security Coordinators)-10

He recommended that for a total blow to be dealt with illegal mining activities, private security guards including ex-service personnel to be deployed immediately after the eviction operation to take over the guard of 140 red zones as explained below for 48 months guarding operation to be supported periodically by Police/Military Patrol Team, and Guards of nearby Forestry Commission as friendly force otherwise on call to provide support/reinforcement.

The recommendation of the liberated affected areas to be secured by Private Security Guards to be supported periodically by 100 personnel made of personnel from the BNI, Military and Police, for not less than 48 months reckoned an average of 14 prominent illegal sites (red zones) in each of the ten regions making an average of 140 red zones may need static deployment of 10 private Security guards per red zone making 1,400 guards.

Among others, he recommended for an Advocacy and Fund Raising/Lobbying Committee to be chaired by a former CEO of the Ghana Chamber of Mines he recommended Dr Joyce Aryee with Reps from National House of Chief, COCOBOD, EPA, Minerals Commission, Forest Commission, Ghana Chamber of Mines, Water Commission, CEO of the Ghana Chamber of Telecoms, Rep from Licensed Small Scale Miners Association. Rep of Ghana Private Security Organizations, three Reps from the Ghana Association of Media Houses and others.

He estimated a budget of 20 Million US Dollars including Managerial cost, daily allowances for troops, VAT, PAYE, SSNIT etc for the private security guards etc for 48 months operation, cost of rehabilitation of some affected areas, fuel cost. Funding from Government of Ghana and donations from the International Community, Businesses Houses, Banks, Mining Companies, GREDCO, VRA, COCOBOD etc.

Emergency
An emergency is when there is a dangerous circumstance /situation or risk to the environment or, property or life (Safety or health) which needs an immediate response or action. Normally, an emergency or disaster may be beyond the scope of the affected persons or a community and thus requires outside support to deal with the problem.

Declaration of State of Emergency (DOSOE)

A State of Emergency is a situation in which a government is empowered to perform actions or impose policies that it would normally not be permitted to undertake. So a Declaration of State of Emergency is among other to alert citizens to change their normal conducts, and to order government agencies to implement emergency plans.

To reduce your apprehension, note that during the Akosombu dam spillage, His Excellency JD Mahama, then as a former President, with a genuine concern for the welfare of the affected people/areas, in his Facebook, called for a Declaration of a State of Emergency (DOSOE). Other key persons, including the MPs of the Volta Region especially Hon Mr Samuel Ablakwa, Reverend Stephen Wegam, the General overseer of Assemblies of God and Alex Segbefia, for a good cause called for a declaration of State of Emergency.

This writer did support their call by submission in the social media, indicating that DOSOE would help reduce the suffering of the affected people because, it allows genuine and accountable expenditure without approval from Parliament and may attract massive internal and foreign support.

So, a DOSOE by the 1992 Constitution, is a proclamation by the President/the Commander-in-chief of the Ghana Armed Forces that the Nation or a part of it, is threatened by a named Emergency, which requires his immediate response by invoking the relevant Constitutional Provision namely Article 31 / Emergency Powers Act 1994 (Act 472), that would activate funds, personnel, and material with some changes in the legal landscape to help in the response to a Constitutional threshold threat. So, it’s reason is a proclamation to give extraordinary police powers as in Act 472, with immunity for emergency actions to authorize issuance of orders and regulations, it may also involve a request for external support.

Thus DOSOE, under Constitutional Dispensation, supported by International Laws is for public good, hence, it is not a wolf or Martial Law, as alleged by some detractors due to a fear of shoot to kill or ill-treatment. This is not so, DOSOE, is a very good Constitutional tool, to help deal with a Constitutional threshold Emergency and is guided by the Constitution and International Laws on Derogable Rights and Freedom and Non-derogable Rights and Freedom with the Judiciary available at the right time for Judicial Review as per Constitutional provisions.

So, the notion that during a Declaration of State of Emergency (DOSOE), the fundamental rights and freedoms are. totally (utterly) subverted is no true because some aspects of the fundamental rights and freedoms are only interfered with in accordance with the law and only to the extent and the manner provided by the Constitution, law. So, detention actions are subject to judicial review and no other authority as stated in Article 32 of the Constitution.

Actions are guided by Derogatory and Non-derogatory measures as per the Constitution /international law. So DOSOE is guided by the following (a). The fundamental rights and freedoms guaranteed by international law shall remain non-derogable or nonnegotiable and as a minimum the constitution provide the rights and freedom recognized as non-derogable supported by international laws (b). A measure must be proportionate to the exigency of the situation (c). The measures must not be inconsistent with the other obligation of the state under the Constitution and international law. (d). Measure must not involve any discrimination solely on ground of sex, language, religion, nationality or social origin.

A Declaration of a State of Emergency brings the matter under International lens or hearing. So a Declaration of State of Emergency would afford outside support to deal with the problem. At least, the Chinese Ambassador, the US Ambassador etc would warn their nationals to leave the affected areas and would help the Security Agencies including Immigration to deal with foreigners who have over stayed hence the use of the Emergency Powers Act 1994 (Act 472) to deport noncitizens.

A Declaration of a State of Emergency (DOSOE) is therefore a Constitutional and legal tool that grants temporal extraordinary powers to the government to address serious crisis. A Declaration of State of Emergency has two legs namely the Constitutional/Legal Frameworks provided at Article 31 and 32 of the 1992 Constitution which are operationalized by the Emergency Power Act 1994 (Act 472) and (b). Organizational Set up.

The two legs, namely the Constitutional/Legal Frameworks and Organizational/operational Committee set up are complimentary. There must be a Proclamation to the public by a Gazette etc publication as the necessary requirements, followed by the quick deployment of personnel and resources to respond to the crisis situation.

As stated a Declaration State of Emergency is not martial law but an Emergency Management operation ordered by Civil Authority to support Civil Authority, hence under control of Civil Authority. It may lead to the suspension of rights that are derogable like freedom of expression, restriction of movement. . On the other hand rights and freedom that cannot be suspended/reduced are secured as nonderogable rights and freedom such as freedom of Life, Freedom of Religion, and freedom from torture/ill treatment.

Declaration of State of Emergency allows deportation or expulsion of noncitizens, seizure of property, and search without warrant of any premises. As and when necessary it allows for curfew/restriction of movement. As stated it is regulated by Article 31 and 32 of the Constitution which is operationalized by Emergency Empowers Act 1994 (Act 472) with sunset clauses. These limit the Emergency power that may invoke Act 472.

When, form, Nature and procedures of DOSOE

Article 31 provides when and how to declare a State of Emergency (DOSOE) either in the Whole Country or particular risk areas, by initial proclamation/ by publication in the Gazette and subsequent notification of Parliament, with the facts and the circumstance leading to the declaration of State of Emergency. Parliament can reject or approve it.

The President is empowered to act as reasonably justifiable for addressing the risky situation within a time period and thus his delegated to the Military Commander the CDS or Army Commander must ensure troops operational orders and Briefing are in accordance with provision of the Constitution, Emergency Empowers Act 1994 (Act 472) with sunset clauses, International Law and Military protocol.

By doctrine of Military Command Responsibility, the Superior Officer of troops incurs criminal responsibility for crimes committed by his personnel that is, if he knew of the crime done by his subordinates or there is a reason that he has/had knowledge about the crimes to be done or of the crime committed and he failed to take necessary and reasonable measures to prevent such acts or to punish the actors (doers).

History of DOSOE in the 4^th Republic

Ghana in the Fourth Republic ever experienced a Declaration of State of Emergency. Example on 02 Feb 1994, a Declaration of State of Emergency during the Kokomba and Dagomba conflict which some affected districts in the Northern region, these included Yendi, Nanumba, Saboba/Chereponi, East Gonja etc.

Also in April 2002, following a chieftaincy dispute between two chieftaincy ruling gates or the families namely the Andanis Gate and Abudus Gate, that led to the killing of the then Dagbon king, and made the conflict to affect four main districts.

Effect of Nation of DOSOE
Chapter five of the 1992 Constitution is an entrenched, so all the Articles are entrenched including Article 31 on a declaration of State of Emergency. Articles 12 to 30, guarantees human right and freedom but Emergency Empowers Act 1994 (Act 472) with sunset clauses is based on Article 31, which among others provide that the president my take Measures as he deemed justifiable necessary. The President may impose news censorship, either based on official release or any means asking media houses to clear with the Minister of Information currently Minister for Government communication on related controversial matters.

By Security and Intelligence Agencies Act 1996 (Act 526) which deals with among others the national security architecture, in a hierarchical order or form with the National Security Council as the National Security decision making Council with a Regional Operation Committees made of the Regional Security Council (REGSEC) and the District Security Committee. There is also National Disaster Council with Regional and District elements. All these are to support the President/Commander-in-chief to deal with the Emergency within their Areas of Responsibilities.

Rules of Engagement (ROE),
The President through the delegated Officers especially the Security elements are to ensure that force to be used where and when it is proportionate/ justifiable to achieve the immediate objective within one’s powers. So, Security can only use force, if it is absolutely necessary and reasonable, and the degree of force should be proportionate to the threat.

So, use of weapon is limited to when there is an immediate threat to life through an attack of persons or property or if an attack has caused death/serious injury in the sight of troops or there is no other way to deal with the problem and the use must be reasonable to reduce or prevent serious damage. Normally, the level of use of force is spelt out which graduated from initially warning or based on the state of affairs, the right level must be used based on the judgment of the man on the ground.

Reference hereby made to Article 13 of the Constitution on Protection of Life, with Clause 2 of Article 13 , which speaks on the condition a person shall not be held to deprived another person life as result of lawful act, of war, or if that other person dies as the result of he used o force to such an extent is reasonably justifiable in the particular circumstance for the defence any person from violence, or for the defence a, property etc. This immunity is very serious.

Small Scale Mining
Small Scale Mining is universally explained as a method of nomadic mining by locals or rural folks, hence with no use of sophisticated technology, no use of substantial expenditure, done by millions of the citizens of the Country including women and children without the care of the environment and without considering their personal health, safety and that of and the interest of the affected Community.

It is done with the mindset that the mineral, be it gold or salt is a gift from God for them to escape from their poverty miseries. Hence, it is mainly an informal human activity, like Prostitution due to poverty hence it has come to stay. So, need to halt them to be cocooned by God for them to be educated on how to do responsible mining. Declaration of a State of Emergency would afford lucrative chance for mindset revolution for them to accept or adopt responsible mining or navigate personally or by the Government to Alternative Jobs like the laudable Poultry Project to be rolled out by the current Government.

So, due to the ramification of Small Scale Mining to the environment thus with great effects on, Water Security, Food Security, Public Safety (due uncovered pits,), Public Health Security (especially issues of mercury digestion or mercury vapour inhaling with resultant kidney problem and breathing problem) , respectively, hence great effects on both Global Security and National Security.

It is the responsibility of the Government with the support of the International Community especially the World Bank which main mission is global poverty elimination/reduction to come out with two options either to provide viable and sustainable Alternative Livelihood otherwise regulate them to conduct responsible mining in order to mitigate the associated risks and nothing more. DOSOE, is a tool to achieve that is if well-coordinated with the Ministry of Agric and Ministry of Fishery , NYA etc during the proposed ban of Small Scale Mining for Six months or more.

Ghana in the Fourth Republic ever experience a Declaration of State of Emergency on 02 Feb 1994 declaration of SOE during the Kokomba and Dagomba conflict which affected the in the in the district in northern region, these included Yendi, Nanumba, Saboba/Chereponi, East Gonja etc. Also in April 2002, following a chieftaincy dispute between two chieftaincy ruling gates or families of the Andanis and Abudus that led to the killing of the Dagbon king, and made the conflict to affect four main districts

Small Scale Mining is universally explained as a method of nomadic mining by locals or rural folks hence with no use of sophisticated technology, no use of substantial expenditure done by millions of the citizens of the Country including women and children without the care of the environment, without considering the personal health, safety and the interest of the affected Community.

It is done with the mindset that the mineral be it gold or salt is a gift from God for them to escape from their poverty miseries. Hence it is mainly informal human activity due to poverty so like Prostitution hence it has come to stay. So, need to halt them for them to be educated on how to do responsible mining. Declaration of a State of Emergency would afford lucrative chance to do so or navigate them to Alternative Jobs.

Due to the ramification of Small Scale Mining to the environment thus with great effects on, Food Security, Public Health Security, Public Safety, thus, poses existential threat, hence great effects on both Global Security and National Security, DOSOE is required to correct the wrongs.

And it will be the responsibility of the Government with the support of the International Community especially the World Bank which main mission is global poverty elimination/reduction to come with two options either to provide viable and sustainable Alternative Livelihood otherwise regulate them to conduct responsible mining in order to mitigate the associated risks and nothing more.

It must be noted that before 2012, that is the year that saw Minerals and Mining Support Services Regulation 2012 (LI2174) was enacted by Minerals Commission, in the first era of His Excellency President Mahama, that motivated the importation of thousands of excavators into Ghana by Chinese and heir Ghanaian accomplices to support mechanized or industrial Small Scale Mining, the activities of illegal miners in the Fourth Republic were always a matter of concern to only the Large Scale Mining Companies and Benso Oil Palm Plantation.

Thus, the fights against illegal mining were initially done by affected Companies, individually with little support from the Government. It was in 2012, that the National Security system woke up to realize the need for the Government to take actions to deal with the environmental impacts of Small Scale Mining in the Fourth Republic.

So, 2012, was the year, a President of Ghana, in the person of Excellency Professor Mills, got seriously concerned with the impact of Small Scale Mining to the environment. As such, lamented publicly about the Environmental impacts of Small Scale Mining by local miners with their Chinese partners and called for stoppage of mining in rivers etc. Thus, this was the first time the negative effects of local miners with their Chinese partners was brought to the front burner by the State for the way forward. So the Nation’s fight to deal with the menace of Small Scale Mining is over 13 years without credible solution.

Thus, before 2012, the intelligence system of National Security failed to appreciate that the negatives impact of Small Scale Mining to the environment have very serious implications to National and global Security especially the negative effect on Food Security, Water Security, Public Health Security etc to alert the Government of the day to act appropriately.

It should be noted that the enemy Small Scale Mining with the involvement Chinese is well entrenched, since the entry of the Chinese in the Small Scale Mining Sector in 2008. This happened, with the return of 300 Ghanaians including Chairman Wontumi, who were sent to China to study mining operations by the then Government of the Day led by President Kofour. .

So it was the lamentation of the President of Ghana in 2012 that made the Sector Minister, namely Hon Mike Hammer, the then Chief Inspector of Mines, namely Mr Stephen Piedu, Col Karku Korsah, then Western Regional Security Coordinator and this writer to jointly organize anti-illegal mining operation around River Ankobra which led to the seizure of 7 excavators found operating close to River Ankobra. Other operations were organized at other areas by the Minister.

On the orders of the then Sector Minister, the seized excavators were conveyed to Apremdo Military Barracks by this writer at the cost of Bogoso Gold Mine but these were later on released by National Security Secretariat to the Owners and possibly ended in the illegal mining theater. Hence, the resort to burning of the Excavators later on was due to the penchant of our leaders to release seized Excavators to the owners for unexplained reasons. .

Surface Mining is a hazardous operation to the environment (to the soil, river, air hence effects development of flora and fauna) hence poses an existential threat. Unlike the state of affairs with Large Scale Mining Companies under the Ghana Chamber of Mines, which have in place very good mitigating measures to reduce the associated risks of mining and the posting of reclamation bond for the restoration of disturbed land and vegetation, the situation in the Small Scale Mining Sector is not the same.

So, due to lack of concrete mitigation measures to reduce the risks associated with Small Scale Mining to the barest minimum, the Environmental impacts of Small Scale Mining by land degradation, deforestation of Forest Reserves and the Pollution/Contamination of Water Bodies the Soil, and Air with toxic chemicals like mercury, reached a crescendo by 2017.

As such, the situation gave the birth to a coalition of environmental protection organizations with Dr Kenneth Ashigbey (now CEO of Chamber of Mines), as one of the Champions, that called the Government of the day for decisive actions to regulate the activities of Small Scale Miners to reduce the associated risks to the barest minimum.

This made the Government of the day to ban Small Scale Mining nationwide in 2017 for 20 months and the establishment of OPERATION VANGUARD, with the view to providing respite for the restoration of the affected rivers, the air and soil by nature. As well as appropriate actions by the Government especially provision of Alternative Livelihood Projects and or the review of the Small Scale Mining laws to ensure responsible mining especially by tycoons and their Chinese partners with excavators etc and community responsible mining by rural folks.

Outcomes/Failures before 2025
Shockingly, Ghana recorded the highest gold production and export from the Small Scale Mining Sector during the period of the ban on Small Scale Mining. So GoldBod should watch it. This tells that the real enemy is Small Scale Mining and was done at the blind side of the troops or when the troops leave a site. Hence lack of cooperation from affected communities. Hence, a Declaration of a State of Emergency would help greatly in bringing a mindset revolution for the affected Communities to rise up to the occasion to help ensure responsible mining, with the maxim never again.

Thus the results achieved were not convincing enough massive destruction of lands including cocoa farms, oil palm farms, arable land with mercury contamination, and pollution/contamination of rivers/water bodies and destruction of forest reserves. These were so, due to a failure by the then Government to appreciate that Ghana has a serious peculiar situation of the conduct of Ghanaians, either fronting for foreigners especially Chinese or Chinese lured by some of the Licensed Small Scale Miners with their mining license into the Small Scale Mining Sector, legally reserved for only Ghanaians.

The Government also failed to engage the various Communities during the period of the anti-illegal mining operations or the ban to educate them on the effects of Surface Mining by the Small Scale Miners and solicit their support for the way forward to reduce the impact of Surface Mining to the barest minimum.

An important matter was that the then Government also failed to provide Alterntive Livelihood Projects like farming in both cash and food crops especially cashew nuts, oil palm, rice, avocado, potatoes, vegetables, fruits mushroom etc, and animal/birds husbandry like rearing of goats/sheep, rabbitary poultry projects, fishing, beekeeping to the real Small Scale Miners or Galamasey Operators. These would have helped the establishment of or provide feed to the laudable One District, One Factory necessary for a 24 hour economy or for establishment owned cottage industries like rice mills as immediate source of market etc.

The Government also failed to appreciate that Small Scale Mining as introduced by the PNDC, was to recognize and preserve the time-tested indigenous Artisanal Small Scale Mining of our great ancestors. Google for Small Scale Mining Law 1989 (PNDCL218) and read section 21.

So it was very wrong to introduced Support Service Regulation 2012 (LI2174) which allowed the introduction of sophisticated technology especially thousands of excavators, bulldozers, imported Chafang machines by Ghanaian tycoons and their Chinese partners into the Small Scale Mining Sector, thus double illegal acts namely (a) with the involvement of foreigners and (b). Use of excavators and Chafang machines in the Small Scale Mining Sector, noted globally as a poverty alleviation project and thus exclusively for citizens especially for the rural folks using very simple tools and low investments and with the use of simple tools they locals could cause extensive damage for 100 years. But with sophisticated technology, massive damages could be caused to the environment within one hour. Hence a Declaration of State of Emergency for the Resetting Agenda to correct the wrongs is a must do.

So, the then Government should have banned the use of excavators, Chafang machines and the use of mercury in Small Scale Mining. Then convert Small Scale Mining to the Community or Cooperative or Indigenous Mining system for rural people interested in mining and regulate them to do responsible mining with effective monitoring under effective local governance system. Also give the necessary support including Gold ‘Kaccha’ for efficient and effective processing of gold in order to prevent the use of mercury in doing so. . Hence, a Declaration of State of Emergency and Ban of Small Scale Mining for the Resetting Agenda to remedy as stated, is a must do. The declaration of State of Emergency should demand removal of all excavators not for road construction etc or for Large Scale Mining Companies from affected areas otherwise destroyed in situ and the scrap metals sold to generate funds for the operation.

Since Mining is capital intensive, the Government should have introduced a third nomenclature of a medium Scale Mining Sector for tycoons and their foreign partners mainly Chinese for wealth creation to operate by complying with local and international standards.

Current Situation and need for DOSOE
Ghanaians woke up recently to hear of the stoppage of the supply of water to 12 Districts in the Central Region by the Ghana Water Company due to high turbidity level of 94,000 NTU as against the WHO recommended drinking Water to be below 1NTU with a maximum of 4 NTU. So 94,000 NTU was/is very alarming thus really deprived some communities of the essentials of life, thus calls for a declaration of State of Emergency, which is a Constitutional tool to deal with the situation.

Aside the high turbidity levels of most of the rivers which are sources of fish and water for domestic and Agricultural activities though reported improving is still above 4 NTU, there is also the story of mercury in food items and it has been reported that this led to numerous kidney problems. Thus, telling us that the Mahamacare, is a timely God sent, hence a very good idea but funds may be depleted in a very short time, if the contamination of water, soil and the air with mercury etc is not checked. Furthermore, the matter of Mercury in the air (mercury vapor during the heating of gold and mercury amalgam) led/leading to problems with the lungs/Heart or the breathing system and brain disorder. The above narratives, call for decisive action to ensure Water Security Food Security and Public Health Security/Safety.

Also the alarming stories of the massive destruction of Cocoa farms and this would certainly reduce Ghana’s export of cocoa beside, the ingestion of mercury and cyanide by Cocoa which may cause the rejection of cocoa from Ghana. Another story was/is the destructions of arable lands and vegetation cover hence fodder needed for cultivation of crops and rearing of animals respectively. Hence, the urgent need for decisive action to sustain the Agricultural Sector, a very important sector of the Economy for revenue, for feed for local agro industries, employment and food cannot overemphasized. These call for decisive action to save the Agric Sector/Cocoa Sector, very important for the 24 hours economy.

Lastly, there is the issue of use of mercury, cyanide and illegal possession of weapons by some small scale miners and stories of high level of school drops outs and prostitution at the affected areas leading to breakages of marriage and the spread of AIDS etc. Hence, stories of sudden deaths, including deaths due to falling in uncovered pits, stories of kidney failures, deformity in babies, and mental problem in some people. Consequently, immediate decisive coherent actions with Constitutional tool cannot be overemphasized.

Unfortunately, truth must be told, that by the utterances of our Leaders since 2023, with the declaration of only rivers and forest Reserves as Red or National Security Zones or no go areas for illegal miners, cancellation of mining license, speaks volume that Ghana problem is state officials and the miners.

The Sector Minister must be educated that Section 83 of Minerals and Mining Act 2006 (Act 703) gives the procedure for acquiring Small Scale mining right. It starts with getting a place and register it first at the District Office of the Minerals Commission established by Section 90 of Act 703, and not in the Office of the Sector Minister.

Once again, Section 90 of Act 703, speaks of the Officer at the District Office of Minerals Commission is the legal originator for acquisition of the License, so the utterance of public Officials about initiation of the acquisition of Mining License is totally illegal, thus, speaks either they are not aware of the requirements of the relevant laws or the procedure was not adhered too. Whichever be the case, the situation is alarming, and then DOSOE is a must to remedy the wrongs.

The Sector Ministers since 2013, reportedly had no good knowledge on the situation on the ground as in recorded in a research by seasoned scholars, namely by Dr Hilson of Surrey University and Dr Abigail Hilson and University of London, Google for ‘Ghanaian Authorities do not understand the situation on the ground with real Small Scale Mining. Since the process of acquiring of Small Scale Mining License start from the District Assembly managed by District Mining Committee, as in Sections 90 to 96, do the permit is just a formality for security, for securing or luring foreign investors or for securing a loan.

It must be noted that, the applicant started/starts mining and is still Mining whilst looking for the License. Note Some Ghanaians go for marriage license several years after the marriage to ensure positive fruits from the marriage. So the same mentality is what is on the ground with Small Scale Mining. So, the Minster and some of his staff especially Minerals Commission postures demo the need for DOSOE to remedy the problem on the ground.

The Minister need to be told that per law and regulations, an applicant’s sketch of his concession is given to the District Assembly for publication and for pasting on all notice boards in the District, including the Palace of the Chief for 21 days for any rejection within the period, if no rejection that is after the 21 days, its deemed approved, so obtaining the License therefore is a formality. So he takes his time whilst mining to get the correct fees which is not less ten thousand US Dollars for him to proceed to the Accra for the bureaucratic processes of acquisition of the license.

So, the utterances of our Officials on the cancellation of Mining Licenses, and declaration of only rivers and forest reserves as red security zones, speaks volume that Ghana has lost the battle against illegal mining or reducing it to the barest minimum. . Since by this feeble and unguarded utterances, a JSS pupil should able to tell that illegal miners are free to work on other areas with the exception of the Rivers and Forest Reserves and also a lot of applicants may be on the field doing illegal mining, and would thus come to the simple conclusion that Ghana has lost the battle against illegal mining. Hmm, it is like pathetically asking or begging armed robbers to stop attacking banks, fuel stations etc as red zones. Period. What a tragedy?

It is said that the butt stops with the President/the Commander-in-chief of the Ghana Armed Forces. Fortunately, we have agreed by majority vote in a Democratic Ghana in the December 2024 National Election for a Resetting Agenda, as presented by our beloved President JD Mahama.

Thankfully, he is a Statesman par excellence, and a global icon, a very humble, honest and listening Head of State, hence, he would surely buy the suggestion of the Catholic Bishop after a proper tactical appreciations of the situation and act accordingly with the tool provided at Section 31 of the 1992 Constitution to deal with serious multiple emergencies as stated above with alacrity to arrest or reduce to the barest minimum, the existential threat (hence global and National threat) being posed by the Small Scale Mining Sector.

So, thanks to the Catholic Bishops for calling for the Declaration of State of Emergency at the affected areas. This submission is to confirm that the Bishops were/are right that our dear President His Excellency JD Mahama was wrongly advised by the technical team. Hence, this made him to have poor understanding of the current situation of the chaos (serious tragedy) in the Small Scale Mining Sector (by both unlicensed and illegal miners and legal or licensed miners) on the ground. Thus whether licensed or unlicensed, the values of the Environmental impacts are the same.

So this submission is to state the facts in order to back the call by the Catholic Bishops for a declaration of State of Emergency for at least one half months subject to Parliamentary review, concurrently with an interim ban of Small Scale Mining within at least six months for the combating of the crisis and the review of the Small Scale Mining Laws.

It is hoped by these ways, Ghana with sober reflections and thinking outside the box and by efficient risk assessment of the state of affairs, should able to correct the complex situation in the Small Scale Mining Sector created by a very bad Small Scale Mining Law in Minerals and Mining Act 2006 (Act 703) as compared with the real Small Scale Mining law enacted by the regime of the PNDC, the originator of Small Scale Mining Law with Small Scale Mining Law 1989 (PNDC Law 218), which made Small Scale Mining, a method of mining with no use of sophisticated technology, no use of substantial expenditure and restricted for Ghanaians.

An efficient Risk assessment of these two laws will reveal the absurdity created by the Small Scale Mining Law in Act 703 of 2006. The framers of Act 703 woefully failed to consider a lot of factors, in coming out with the following (a), the factor of the population of Ghana vis a vis the size of concession for one person, (b) need to cater for the needs of future generations. (c), Need to cater for the poor rural folk through community mining. (d). Mining is capital intensive, so the need to cater for the needs for tycoons to operate with or without foreign partners.

For instance, considering the real meaning of Small Scale mining, with the huge population of Ghana with man, being a greedy creature vis a vis the usual anticipation in the rise in gold prices, It was very absurd for the framers of Act 703 to decree an allocation of 53 acres as one Block as the minimum size of concession for Small Mining for one person, thus one person with one block regarded as a minimum of 53 acres or 21 hectares in the Small Scale Mining Sector should be very alarming due to the associated risks of the massive destruction of the environment. So, one greedy person with foreign support would able to secure more than five blocks or 53 acres or 21 hectares x 5 and so the extent of the damages to the environment with excavators will be massive as experienced. DOSOE is impotent to change the narrative.

The framers of PNDC Law 218, considered among others, the size of the population, the need for future generations, man’s greedy nature and as a result, decreed that for Small Scale Mining for poverty alleviation, one person could only get not more than 2.5 acres that is about one hectare in his lifetime and this should be within his or her locality. Otherwise, not more than 25 acres for ten or more people in a Community or cooperative mining model in their localities and the Small Scale Miner must operate with no use of excavators nor substantial expenditure.

Hence, considering the character of the Ghanaian especially as a very greedy person, with the penchant to front for foreigners for personal gains, thus would certainly acquire large number of Blocks, tells that Ghana has a bad Small Scale Mining Law. A declaration of State of Emergency with a ban on small scale mining, would grant power to the government as part of the Resetting Agenda to limit the ownership of Concession by seizing extra Concessions.

It must also be noted that the illegal mining by rural folks, is due to the current Small Scale Mining Law which made the minimum of one block of 21 hectares for a miners as stated at Section 86 of the Minerals and Mining Act 2006 (Act 703) with the Interpretation of block at Section 111 of Act 703 which gives a block to be 21 hectares. This will certainly be associated with huge cost, since the cost is per acre or hectare. Logically, this is beyond the scope or means of the poor persons say in Bogoso, interested in mining, hence the level of illegal mining is expected by any reasonable thinker.

So, Ghana resorting to the criminalization of Galamasey, instead looking for a win-win solution to reduce the risk to the barest minimum simply demo the failure to study the Small Scale Mining laws, as well as the gross ignorance about Small Scale Mining as the culture of some communities which emanated from the days of Prophet Abraham for survival and will remain as such as far as poverty continue to exist, the bad Small Scale Mining Law cannot prevent them especially during the era when smuggling of gold was profitable that was before the coming of the GoldBod to check smuggling.

Another bad law which contributed to the illegal mining activities especially the involvement of foreigners especially the Chinese with thousands of excavators is the Minerals and Mining Support Services Regulations 2012 (LI2174) that allowed/allows or lured foreigners to provide Support Services to Small Scale Miner. This is contrary to the parent Small Scale Mining Law which made it very clear at Section 83 (a) of Minerals and Mining Act 2006 (Act 703) that Small Scale Mining is exclusively for Ghanaians thus zero tolerance of involvement of foreigners. So, the operations of foreigners in the Small Scale Sector is illegal. Hence the bad laws on Small Scale Mining motivated thousands of excavators and the involvement of the Chinese in the Small Scale Mining Sector thus making licensed Small Scale Mining with excavators as illegal. So a Declaration of State of Emergency and a ban on Small Scale Mining would afford the Constitutional and legal tool to seize excavators and deport noncitizens in the Small Scale Mining Sector.

Google and read ‘Will Ghana ever learn? A letter to the Ghana and China Chamber of Commerce’ as published on the website of Modern Ghana on 23 July 2012 by Anna Hanson. Google and read ‘Sweltering, Heat, Golden Dreams of Chinese Galamasey in Ghana’ as published in 2013 Google and read ‘We do not burn Wontumi’s Excavators by Hon Fuseini’. Google and read ‘Chinese involvement in Small Scale Mining in Ghana by Professor Crawford’’ as published in 2013. Google and read ‘Old Photos and Videos of Self-confessed Amenfi Central PC who is in Galamasey pops up’ Google and read ‘How my Net worth reached 700 Million US Dollars by Keche Andrew’s wife Thus the framers of Act 703, ignored the fact that a human being is a very greedy animal, like Oliver Twins wants more, (more money, for more cars, more wives etc).

Despite the fact that Ghana was a signatory to the 2013 Minamata Convention on Mercury in Japan, Ghana’s Small Scale Mining law at Section 96 of Minerals and Mining Act 2006 (Act 703) allows the purchase of mercury for processing of gold. This law is yet to be repealed, notwithstanding the problem mercury as being used in Small Scale Mining for processing gold is causing to the environment, plants and human being.

Hmm, there must be something wrong with our Leaders, they normally find it difficult to repeal bad laws or with the penchant to introduce bad laws. Hence, Ghanaians needs Mindset Revolution to change the narrative, especially at affected mining areas, to review the Small Scale Mining Laws, to deal with foreigners Small Scale Mining Sector, and seize excavators, Chafang machines etc. The Declaration of State of Emergency and a ban of Small Scale Mining will help both the Government and the citizens to have a sober reflection and change the narrative including the seizure of assets used for or acquired through illegal mining.

So, based on the definition of Small Scale Mining by the originators or the framers of PNDC Law 218 of 1989, Ghana’s Small Scale Mining Law in Act 703 is a very wrong hence, promotes the illegal mining, hence the call for the review of the Small Scale Mining Law by Dr Tony Aubyn is 100 percent correct. Google for Review the Small Scale Mining Laws by Dr Tony Aubyn in 2016. It must be noted that mining is capital intensive, hence costly so foreign or outside support is required by some of if not all of the Licensed Small Scale Miners. So, the Declaration of State of Emergency will help both the Government and the citizens to brainstorm to change the narrative to introduce Medium Scale Mining with the tycoons and their foreign partners.

it has been alleged that some Ghanaian traditional rulers extort huge sums of money from businessmen and business women for ‘concessions’ and these businessmen and women also extort money from the Chinese and thus fueled and greased the illegal mining which is wrongly often blamed on, unemployment, poverty. So, the Declaration of State of Emergency will help both the Government and the citizens to change the narrative through Mindset revolution which a State of Emergency would surely afford, since when a man is cocooned, he would be forced to review his life class.

Conclusion
From the above narrations, one can tell as part of the Resetting Ghana Agenda, the following are required to be done for total Mindset Revolution that is to change on the narratives about mining in Ghana (b). To restore the environment and preserve arable land, elimination of the use of mercury and cyanide by Miners thus to ensure responsible mining (c). Protect the interest of farmers (food and cash crop including Cocoa and oil palm industries (the tree crop industry (e). To review the law, to add a third category as Medium Scale Mining in the Mining Sector for tycoons and their foreign partners. This should be done by reviewing of the Small Scale Mining Laws to create a segregation Commercial Mining by tycoons with their foreign partners for wealth creation, hence not looking for jobs as from real Small Scale Mining alias Galamasey for survival. Thus Small Scale Mining to be converted into Community or Cooperative Mining for affected Communities interested in mining or for Communities in whose interest, responsible small scale mining can take place in their localities.

   Comments0