Beyond Formalisation: Why Ghana Needs A Temporary Ban On Unlicensed Mining And A New Approach To Sustainable Mining

All forms of unlicensed mining constitute illegal mining (galamsey). We must move beyond the argument that mining becomes environmentally acceptable simply because it is small-scale or has been formalised.

No form of mining is entirely without environmental consequences. The extent of the damage, however, depends on the methods employed, the scale of operations, the capacity of operators, and the effectiveness of environmental safeguards.

The traditional concept of artisanal mining has also changed considerably. With the increasing use of excavators, washing plants, and other heavy-duty equipment, much of what is described as artisanal or small-scale mining has become mechanised, with devastating consequences for land, forests and water bodies.

The Minerals and Mining Act, 2006 (Act 703), as amended, already provides an important legal foundation for addressing these challenges.

Section 9 is explicit that no person can undertake mining activities without an appropriate mineral right. It further requires operators to restrict their activities to what their mineral rights permit. This means that mining outside the authorised area or beyond the scope of an approved operation cannot be justified simply because the operator claims to be undertaking small-scale mining.

More importantly, Section 18 requires holders of mineral rights to obtain the necessary approvals and permits from the Forestry Commission and the Authority before undertaking operations, particularly to protect natural resources, public health, and the environment.

Section 93 further requires licensed small-scale miners to employ effective and efficient mining methods, observe good mining practices and health and safety rules, and pay due regard to environmental protection.

These provisions demonstrate that environmental responsibility is not optional. It is a legal obligation.

However, formalisation alone will not guarantee environmental sustainability. Licensing miners without addressing their operational capacity, equipment, mining methods, environmental responsibilities, and reclamation obligations risks legitimising practices that continue to degrade the environment.

I therefore propose a more comprehensive approach:

1. A temporary ban on all unlicensed mining
The argument for a temporary ban is to create the necessary conditions for sustainable mining. We cannot continue to allow unauthorised mining while simultaneously attempting to formalise the sector.

The ban should provide an opportunity to halt illegal operations, assess existing mining activities, restore degraded areas, and strengthen regulatory institutions.

Importantly, the formalisation, licensing, and permitting processes should continue during this period so that operators who satisfy the legal, technical, and environmental requirements can be assessed and authorised.

2. Assess the capacity of miners and mining companies

Every operator must undergo a capacity assessment to establish their financial, technical, and operational ability to undertake mining responsibly and reclaim degraded land.

This should include an assessment of their equipment, technical expertise, environmental management systems, and financial capacity to fulfill reclamation obligations.

3. Define the scope of mining operations
Licences and permits must clearly specify where operators can mine, the scale of their operations, the equipment they can use, and their environmental obligations.

This is consistent with Section 9 of Act 703, which restricts mining activities to those authorised under the relevant mineral right.

4. Regulate the use of heavy-duty machinery
The use of excavators and other heavy machinery in community mining schemes should be prohibited unless operators can demonstrate the technical and financial capacity to manage environmental impacts and undertake effective land reclamation. We cannot establish community mining schemes only to create another avenue for uncontrolled mechanised mining.

The Minerals Commission should develop clear operational guidelines on equipment use, supported by effective monitoring and the existing Minerals and Mining (Mineral Operations—Tracking of Earth Moving and Mining Equipment) Regulations, 2020 (L.I. 2404).

5. Enforce strict compliance and sanctions
The law must be enforced without discrimination. Section 99 of Act 703, as amended by Act 995 (2019), provides for offences and penalties relating to illegal mining, including persons who facilitate, encourage or promote unlawful mining activities.

We must ensure that these provisions are enforced. Those who finance, facilitate, supply equipment to or otherwise support illegal mining should not escape accountability.

Environmental regulations must be backed by effective monitoring, independent inspections, transparent reporting, and sanctions that apply regardless of the status or influence of the operator.

6. Introduce community benefit-sharing arrangements

Communities that bear the environmental and social costs of mining must have a clearly defined stake in the economic benefits.

Although Section 94 of Act 703 provides compensation for land use and crop destruction, we must go further by developing structured community benefit-sharing arrangements. These should support local infrastructure, education, healthcare, community development, and environmental restoration.

Mining must generate tangible benefits for the communities whose natural resources sustain the industry.

7. Empower local communities to lead the fight against galamsey

Rather than treating local people merely as beneficiaries of government interventions, we must make them active partners in protecting their natural resources.

Community monitoring committees, traditional authorities, youth groups, and local civil society organisations should be empowered to report illegal operations and participate in environmental monitoring.

The people must have a direct interest in protecting their forests, rivers, and lands.

8. Develop forest reserves as ecotourism destinations

This is an important aspect of the conversation that we must not overlook.

Our forest reserves must be viewed not merely as mineral-bearing territories but as valuable natural assets capable of generating sustainable economic returns. We need to go back to the Ghana Ecotourism Handbook developed in 2022 and the Forestry Development Master Plan (2016-2036)

We should invest in ecotourism infrastructure, biodiversity conservation, nature trails, canopy walkways, community-based tourism, and environmental education.

Forest reserves can generate employment and income through nature-based tourism while supporting biodiversity conservation and climate resilience.

This approach will create an economic incentive for surrounding communities to protect forests rather than allow them to be destroyed through mining.

We must begin to recognise that our forests have economic value beyond the minerals beneath them. In some locations, their long-term value as ecotourism destinations, biodiversity reserves, and ecosystem services may outweigh the short-term returns from mining. Conservation must become an economically rewarding activity for local communities.

9. Establish a dedicated Alternative Livelihood and Environmental Restoration Fund

A special fund should support alternative livelihood programmes for communities and individuals affected by restrictions on mining, particularly those who depend on mining for their livelihoods.

The fund should support skills development, entrepreneurship, sustainable agriculture, ecotourism enterprises, and the restoration of degraded landscapes.

This will ensure that the fight against galamsey is not reduced to law enforcement but also addresses the economic circumstances that sustain illegal mining.

I must emphasize that the call for a temporary ban on unlicensed mining is not an argument against mining or the economic contribution of the mining sector. It is an argument for creating the conditions under which mining can be undertaken legally, responsibly, and sustainably.