Galamsey dilemma: Not a scarcity of assets or brains, however political will – Life Pulse Daily
Editor-in-chiefOctober 10, 20255 Mins read10
Galamsey dilemma: Not a scarcity of assets or brains, however political will – Life Pulse Daily
Introduction: The Galamsey Paradox – A Nation’s Gold Dilemma
Ghana’s struggle with illegal mining, popularly known as Galamsey, is not a story of lacking resources or intellect. Paradoxically, the country sits atop one of the world’s most precious commodities—gold—while grappling with poverty, environmental degradation, and systemic mismanagement. Senior Partner and Head of Bentsi-Enchill, Letsa & Ankomah’s Disputes Department, Yaw Benneh-Amponsah, cuts through this complexity in his analysis: “All of Ghana’s issues require three issues to resolve: capital, digital tools, and political will. The first two can be found in abundance on this world; it’s the political will to do issues proper that we lack.”
This article dissects Ghana’s Galamsey dilemma, tracing its roots to colonial-era exploitation, exposing political failures, and outlining actionable solutions. Through a pedagogical lens, it underscores how Ghana’s constitutional and legal frameworks—crafted as early as the 2006 Minerals and Mining Act—hold the answers, provided leaders prioritize bravery over political expediency.
Analysis: Unraveling the Legal and Historical Underpinnings of Galamsey
Colonial Legacies and Legal Exclusion
The roots of Ghana’s mining crisis lie in its colonial past. Long before Europeans arrived, Ghana’s ancestors traded gold, a fact reflected in the Portuguese renaming the region Anomansa Elmina (“The Mine”). Colonialism, however, introduced systemic inequities: mining rights were reserved for foreigners and colonial authorities, relegating indigenous practices to the illicit “Galamsey” label. This exclusion persists in the 1986 Small-Scale Gold Mining Law (PNDCL 218), which tolerates artisanal miners but keeps them in a legal gray zone—criminalizing survival while favoring foreign corporations.
The Constitutional Loophole of Unratified Agreements
Article 268(3)(a) of Ghana’s 1992 Constitution mandates parliamentary ratification for natural resource agreements, ensuring oversight by elected representatives and local leaders. Yet, from 1993 to 2017, successive governments issued mining leases without parliamentary approval, rendering these contracts unconstitutional. The Supreme Court affirmed this in In re: Mining Leases (2017), yet officials ignored the ruling, legalizing corruption and enabling foreign entities to exploit Ghana’s resources.
The 2015 ASM Framework: Solutions Buried Alive
In 2015, the Minerals Commission unveiled a comprehensive Artisanal & Small-Scale Mining (ASM) Framework, a blueprint for regulating Galamsey while empowering local communities. However, the document was shelved, its recommendations ignored. By 2018, the government revived the moratorium on small-scale mining, rebranding the discarded framework as a “new policy”—a futile attempt to window-dress inaction.
Political Cowardice and the Legalisation of Illegalities
2020’s retroactive ratification of unconstitutional mining agreements under parliamentary duress epitomized the crisis. This act poisoned Ghana’s democratic fabric, cementing a culture of impunity where illegal mining, environmental degradation, and elite complicity thrive.
Summary: Ghana’s Galamsey Crisis – Symptom and Systemic Failure
Ghana’s Galamsey crisis is neither a technical nor resource-based problem but a reflection of systemic political failures. Key takeaways include:
- Colonial Legacy: Mining laws encoded structural inequality, privileging foreign interests.
- Post-Independence Neglect: State-owned mines were privatized to foreign entities, exacerbating exploitation.
- Constitutional Violations: Governments systematically ignored Article 268, enabling unratified, illegal agreements.
- Unenforced Regulations: Laws on mercury use and licensing stagnate while corruption deepens.
- Ignored Solutions: The 2015 ASM Framework, a world-class policy document, remains unimplemented.
Key Points: A Blueprint for Legal and Political Renewal
1. Political Will as the Pivotal Variable
Successive governments have prioritized short-term gains over enforceable laws. Ghana’s Minerals and Mining Act, ASM Framework, and constitutional tools exist but are rendered hollow without leadership committed to reform.
2. Demand Enforcement of Existing Laws
The 2006 Minerals and Mining Act and 2015 ASM Framework provide robust guidelines. Implementing these—especially banning mining in forested reserves and rivers—requires prioritizing public health over political patronage.
3. Economic Paradox: Gold vs. Poverty
Ghana’s 4.5 million ounces of gold—the highest in West Africa—have not translated to prosperity. Artisanal mining’s environmental toll and limited job creation fuel poverty, proving that unregulated resource extraction undermines development.
4. Legal Accountability for Illegitimate Agreements
Parliamentary ratification (or revocation) of unlawful mining contracts is critical. The 2020 legislation, which retroactively legalized unconstitutional leases, must be repealed to restore constitutional integrity.
Practical Advice: Steps to Dismantle the Galamsey System
Resolving Ghana’s Galamsey crisis demands actionable, legally sound measures aligned with existing frameworks:
1. Declare Critical Areas Off-Limits
Permanently ban mining in national parks, water catchment areas, and forest reserves. The Minerals Commission’s 2020 GIS mapping of illegal sites serves as a tactical starting point.
2. Replace Vagueness with Traceable Licensing
Issue licensed mining zones with geo-tagged boundaries, monitored by registered professionals from the University of Mines and Technology (UMaT). Digital tools can prevent boundary violations in real time.
3. Criminalize Corrupt Regulators
Create a Judicial Commission to prosecute officials who issue unconstitutional leases or ignore environmental violations. Ghana’s 2019 EMEA Directive—which allowed limited artisanal mining—must be exempt from political interference.
4. Post-Mining Rehabilitation Funding
Allocate 10% of mining revenues to community-led land restoration projects. This aligns with the Environmental Protection Act and creates sustainable jobs.
Points of Caution: Avoiding Common Pitfalls
- Do not conflate cultural practices with criminality: Formalizing artisanal mining requires education, not persecution.
- Avoid knee-jerk moratoriums: Blanket bans alienate informal miners; phased registration systems under the ASM Framework are safer.
- Do not ignore grassroots stakeholders: Chiefs and community leaders must lead oversight, not be sidelined by technocrats.
Comparison: Lessons from Regional Equivalents
Ghana’s Galamsey crisis finds echoes in neighboring countries:
- Nigeria’s illegal mining: Combats indiscriminate “Galamsey” through satellite surveillance and community policing, mirroring Ghana’s hypothetical monitoring strategies.
- Burkina Faso’s ASM reforms: Balances artisanal miners’ rights with state oversight through cooperative agreements, a model for Ghana’s displaced Framework.
- Colombia’s lithium mining: Combines strict penalties for unregulated extraction with international audit mechanisms, applicable to Ghana’s illegal gold trade.
Legal Implications: Constitutional Accountability and International Law
Galamsey operations funded by unratified agreements violate Article 268 and Ghana’s obligations under the African Charter on Human and Peoples’ Rights, which prohibits resource exploitation without public consultation. Domestic courts could invalidate leases issued without parliamentary approval, while the UN Forum on Transnational Crime should investigate Ghana’s failure to regulate mercury-laden artisanal mining, a violation of the Mercury Protocol.
Conclusion: The Time for Braveness in Leadership is Now
Ghana’s gold remains untapped due to a leadership void—not in expertise, but in political courage. As the author asserts: “We have already got a world-beater of a legal blueprint. What we need is a world-beater of a government, one that enforces it with no fear or favor.” The fork in the road lies in whether leaders will prioritize populist compromise or contested justice. With Gabriel Semah’s “The Good African Child” heeding, Ghana’s future hinges on leaders who value integrity over expediency.
FAQ: Clarifying Galamsey and Legal Reforms
What defines “Galamsey” in Ghana’s legal context?
Galamsey refers to illegal artisanal mining, often unregulated and environmentally harmful. It is distinguished from licensed operations by its lack of permits and disregard for environmental laws.
How does the 2006 Minerals and Mining Act address small-scale mining?
It permits licensed artisanal mining but imposes strict environmental rules. However, enforcement remains the critical issue, as highlighted in the ASM Framework.
Can Ghana export minerals without parliamentary approval?
No. The Constitution’s Article 268 requires parliamentary ratification, a requirement consistently ignored by past governments.
What role do foreign investors play?
Foreign entities dominate legal mining, often colluding with corrupt officials. Localizing mining through community stakeholding could disrupt this cycle.
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