Ghana: The land of suffering and tears

The new constitution changes put forward in 2027 to the electorate do not address all vital pressing issues. Galamsey, illegal mining, seen by many critics as Ecozid takes place at the grassroots. Throne land is given legally, illegally or blindly to locals and foreigners to mine the land, which leads to destruction of the environment, with water bodies, forests and cocoa farms destroyed for generations to come. What is a national emergency and tragedy starts in local communities, where royals, as custodians of the land, are in charge.

Chiefs and kings know first and firsthand about the destruction of their land. As landowners, they are responsible for their lands in all respects. § 20 Compulsory Acquisition of the 1992 Constitution of Ghana determines the conditions under which the state can nationalise private assets. The Lands Act of 2020 (Law 1036) states the various forms of land rights and use. Landowners must be financially compensated when the state proves it is acting in the national interest to nationalise private land. 2020, six years ago, the devastating effects of galamsey on the health, properties, environment, local communities, the good people of Ghana and the livelihoods of Ghanaians were already obvious. Galamsey and illegal mining are not specifically mentioned in the Lands Act of 2020, nor in the recommendations forwarded to the public to amend and change the 1992 Constitution.

Royals are responsible owners of their lands. Galamsey is illegal in Ghana. This responsibility must include reporting of illegal mining to the respective authorities and asking for intervention. It demands supervision of provided intervention by regional or national authorities and, in cases of inaction of state bodies, to take them to special fast-tracking courts with media coverage. Any inaction or support of illegal miners must be seen as facilitating illegal activities to the negative effect of local communities and the nation of Ghana. In such cases, royals along with illegal miners must be arrested and prosecuted accordingly. Their lands must be nationalised. Depending on the severity of engagement or inaction of royals, the financial compensation must cover the real market value of the land or, at the absolute minimum, be reduced in any case by the cost the state has to carry for reforestation. Any cost the state has to bear, the royals and illegal miners can be asked for extra payment.

The nationalisation of stool land destroyed by galamsey with the active or inactive involvement of stool land owners has to come by the state with a long-term plan to bring the land to good use for the nation.

Galamsey, illegal small-scale mining, takes centre stage in Ghana, asking for center stage attention. The solution must have the rank of an article of the new constitution, not only a law or by-law provision. Galamsey is connected to royals, royals to political parties and political parties to the greed for money and power to eat at the table of public funds. Ghanaian voters see individual new suggestions (5-year presidential term, 35 instead of 40 years for a presidential candidate, dual citizenship for Parliamentarians and Ministers, etc.) unable to understand the bottom line of the changes proposed. While in Mali, Niger, Burkina Faso and Rwanda, radical soldiers have taken over the fate of their people, Ghana's political parties want to survive for one or two more generations, painting the constitution in new, fresh colour while the bottom line lingers on.

NB: Why didn't Prez. Akufo-Addo and Prez. Mahama go into the forest for one week and personally arrest illegal miners and royals as a strong symbol of commitment to fight galamsey? Would J.J. Rawlings have done it?

— Karl-Heinz Heerde