The People's Role in Addressing Galamsey

Galamsey is one of the most severe environmental and socio-economic challenges in Ghana. It threatens water bodies, ecosystems, and the livelihoods of those dependent on agriculture and clean water. For years, this illegal mining activity went largely unchecked.  Leaders must embody the aspirations of their people, a fundamental principle of democratic governance.

The French Revolution of 1789 underscored this when the Declaration of the Rights of Man established the National Assembly, replacing an oppressive monarchy and ensuring direct representation of the people's will.

Similarly, the Preamble to the U.S. Constitution affirms that power is derived from the people. Ghana’s 1992 Constitution reflects this same principle, emphasising that sovereignty resides in the people.

The ongoing fight against galamsey (illegal mining) in Ghana highlights how public pressure is essential in holding leaders accountable, ensuring their actions align with the collective will.

Without active civic engagement, leadership can become complacent, and indifferent to public needs, allowing societal issues to escalate unchecked, with governments taking insufficient action to address the problem. It was only after a public outcry, led by a media coalition on galamsey, that the government began to take meaningful action.

President Nana Akufo-Addo once declared that he would stake his presidency on ending galamsey. However, years later, Ghana’s rivers are still contaminated by mercury, and vast areas of land remain destroyed. Initial government responses included deploying military and police forces to mining sites, but these measures proved temporary.

As public pressure waned, so did political resolve. This inconsistent leadership reflects a broader issue: it is not enough for citizens to protest once and retreat. Constant vigilance and sustained pressure are needed to achieve lasting change. The media coalition, which initially led the fight, eventually relaxed, leaving the mission incomplete. Had the public maintained consistent pressure, the fight against galamsey might have seen more enduring progress.

 Civic Responsibility: Action Beyond Complaints

History shows that when citizens are passive, their leaders grow indifferent. Mere complaints, without decisive action, are often ignored. Strikes, demonstrations, and boycotts are tools that citizens can use to hold their leaders accountable when dialogue fails.

In light of the statement above, we must acknowledge the bravery and determination of Ken Saro-Wiwa, who spearheaded numerous protests against the environmental devastation in his native Ogoniland caused by petroleum companies and encouraged by the complicity of the Nigerian government of the day.

As President of the Movement for the Survival of the Ogoni People (MOSOP), Saro-Wiwa championed the rights of the Ogoni people against corporations like Royal Dutch Shell, whose operations were causing grave damage to the land and water resources in Ogoniland. His activism significantly contributed to the rise of the Business and Human Rights movement, which calls for corporations to adhere to ethical standards concerning their impact on the environment and local communities.

In Ghana, several professional bodies, including the University Teachers Association of Ghana (UTAG), Trades Union Congress (TUC), and Ghana Medical Association, have recently demonstrated the power of collective action. These groups actively resist policies they deem unfair, illustrating that when citizens unite and demand change, leaders are forced to listen. If the fight against galamsey were approached with the same intensity displayed by these groups, the outcome might have been different.

Leaders do not operate in a vacuum. They respond to the environment created by their people. When citizens demand accountability and refuse to relent, leaders have no choice but to align with public demands or face the consequences.

The Looming Water Crisis

The environmental damage caused by galamsey is severe, and one of its most alarming outcomes could be a nationwide water crisis. Once-clean rivers that served as essential sources of drinking water and irrigation are now poisoned with toxic chemicals used in mining operations.

There is a growing fear that Ghana may soon have to import drinking water if the pollution is not reversed. It is shocking that despite this impending crisis, President Akufo-Addo, who made bold promises, now appears indifferent. The responsibility to prevent this crisis falls on Ghanaians. Only through consistent civic pressure will the government take meaningful action to prevent further damage.

The Nature of Galamsey

Galamsey, a term derived from the "gather them and sell", refers to small-scale gold mining conducted without official permits. While small-scale mining is legal and regulated in Ghana, galamsey operators disregard these regulations, causing extensive environmental destruction.

Environmental Impact

1. Water Pollution: Mercury and cyanide used in gold extraction poison rivers and streams, harming aquatic life and rendering water unsafe for consumption.

2. Deforestation: Forests are cleared for mining, resulting in the loss of biodiversity and contributing to climate change.

3. Soil Degradation: Mining processes strip the soil of nutrients, leaving land unproductive for agriculture, which threatens food security.

4. Air Pollution: Dust and toxic fumes from burning mercury pose health risks to miners and nearby communities.

Health and Socioeconomic Impact

Mercury exposure can cause severe neurological damage, kidney disease, and developmental defects in children. Communities near mining sites face chronic health issues, increased healthcare costs, and loss of livelihoods. While galamsey offers short-term financial benefits to its participants, its long-term effects are detrimental, fostering poverty, lawlessness, and social vices.

 Government and International Response

The Ghanaian government has attempted to combat galamsey through military interventions and public awareness campaigns. However, corruption, inadequate enforcement, and economic desperation have hindered these efforts. International organisations, including the IMF and World Bank, have urged Ghana to take stronger action, with some suggesting that halting galamsey should be a precondition for financial aid.  

Given the severe water pollution, environmental degradation, and health risks caused by galamsey (illegal mining), a more urgent and decisive approach like a state of emergency seems necessary. A temporary ban on all forms of surface mining, both legal and illegal, would allow the government to halt the damage, reassess the situation, and enforce regulations more effectively.

While stakeholder engagement is essential, a committee at this critical juncture may come off as a delaying tactic rather than a concrete solution. Galamsey has already reached a stage where entire water bodies are being polluted beyond recovery, and the long-term health and environmental costs will only worsen if immediate action isn't taken.

Declaring a state of emergency could lead to:

- Immediate suspension of all mining activities in critical areas.

- Deployment of security forces to protect natural reserves and water bodies.

- Strict enforcement of environmental laws.

- A comprehensive audit of mining licenses and operations.

- Introduction of rehabilitation programs for those affected by a mining shutdown.

What do you think about the role of international bodies in pressuring the government to take more decisive actions? Given how severe the consequences of illegal mining are, external pressure may also be a useful tool. Yes, the involvement of politicians and influential people in galamsey (illegal mining) is widely believed to be a significant reason for the failure in the fight against it in Ghana. Several factors contribute to this:

1. Political protection and patronage: Some politicians and influential figures are alleged to benefit financially from galamsey operations or have close ties to the operators. These connections often shield illegal miners from law enforcement, making it difficult for authorities to crack down on the activities effectively.

2. Weak enforcement of laws: Even when laws are in place to regulate mining, enforcement often lags due to political interference. Law enforcement agencies may face pressure not to act against powerful individuals involved in illegal mining.

3. Corruption: The influence of money in politics can lead to corruption, with law enforcement officers and regulators being bribed or intimidated into turning a blind eye to illegal mining activities.

4. Political cycles and vote buying: During election periods, politicians may avoid taking strong action against galamsey to avoid alienating voters who depend on illegal mining for their livelihoods. This weakens the political will to pursue sustainable and effective solutions to the problem.

5. Lack of accountability: The complicity of influential people in galamsey often means that there is little accountability for the environmental and social damage caused by illegal mining. This emboldens more people to engage in the practice, making it harder to control.

The involvement of politicians and influential people entrenches the practice, undermines governance, and weakens efforts to address the environmental degradation, pollution of water bodies, and health hazards caused by galamsey.

In Ghana, the legal framework governing mining activities, including within forest reserves, is primarily based on the **Minerals and Mining Act, 2006 (Act 703)**. This law vests all mineral resources in the President on behalf of the people of Ghana. Mining companies must obtain the necessary licenses and permits from the government before commencing operations, including environmental permits.

Mining in Forest Reserves: Legal Provisions

Under Act 703, the Ministry of Lands and Natural Resources and the Minerals Commission are the main regulatory bodies responsible for issuing mining licenses. These institutions are required to ensure that proper procedures are followed, and mining operations are conducted sustainably.

For mining in forest reserves specifically, companies must secure special approval from the Forestry Commission. This approval process involves environmental and social assessments, after which a company may be permitted to mine, even in protected forest areas, as long as certain conditions are met.

Role of the Environmental Protection Agency (EPA)

The Environmental Protection Agency (EPA) also plays a significant role in this process by conducting environmental impact assessments (EIAs) before any mining activity can begin in forest reserves. Based on these assessments, the EPA can recommend specific conditions or deny the permit if the mining activity is deemed detrimental to the environment.

However, the decision to allow mining in forest reserves has been met with significant public outcry, primarily due to concerns about environmental degradation, loss of biodiversity, and the long-term consequences for water bodies and ecosystems.

Many believe the regulatory framework has not provided sufficient safeguards to prevent the destruction of forest reserves, leading to a conflict between economic interests and environmental conservation.

Arguments for the Repeal of the Laws allowing for mining in Forest Reserves

There has been increasing pressure to repeal or amend the legal provisions allowing mining in forest reserves due to the alarming rate of environmental degradation caused by mining activities.

Civil society organizations, environmentalists, and local communities have called for more robust protection of forest reserves, urging the government to prioritize long-term environmental sustainability over short-term economic gains.

Some of the key arguments for repealing this aspect of the mining law include:

1. Environmental Impact: Forest reserves serve as critical ecosystems, housing diverse species and acting as carbon sinks. Mining activities lead to deforestation, habitat destruction, and pollution, undermining the fight against climate change.

2. Water Resources: Forest reserves are often home to major river systems. Mining has contributed to the contamination of these water bodies through the release of toxic chemicals, posing a significant risk to both local communities and national water security.

3. Health Concerns: Pollution from mining, particularly illegal mining, has resulted in the contamination of soil and water with harmful chemicals like mercury and cyanide, leading to public health crises in affected areas.

4. Sustainable Development: Opponents argue that the economic benefits derived from mining in forest reserves are short-term, while the environmental and social costs can last for generations. Sustainable alternatives, such as eco-tourism and agroforestry, offer long-term benefits without the environmental destruction associated with mining.

 Path Towards Repeal

A repeal or significant amendment to the current law allowing mining in forest reserves would likely require:

1. Parliamentary Action: The law must be amended or repealed through parliamentary approval. This process would involve presenting a bill that reflects the need for more stringent protections for forest reserves.

2. Public Advocacy: Increased public pressure from citizens, civil society groups, and environmentalists can lead to greater awareness and push the government toward more sustainable policy reforms.

3. Strengthening Existing Regulations: Beyond repeal, there is a need to strengthen the capacity of institutions like the EPA and the Forestry Commission to enforce existing environmental regulations, ensuring that mining activities do not result in irreversible environmental damage.

4. International Pressure: With Ghana being a signatory to international environmental agreements, there could be external pressure to align national laws with global standards on environmental protection and biodiversity conservation.

While mining contributes significantly to Ghana's economy, the legal provisions allowing mining in forest reserves have sparked debate about the balance between economic development and environmental sustainability.

A possible repeal or amendment of these provisions could help protect the nation’s remaining forest reserves, safeguard water resources, and ensure a healthier environment for future generations. The key to achieving this lies in strong public advocacy, political will, and the prioritization of sustainable development practices.

The EPA & MINERALS COMMISSION

The Environmental Protection Agency (EPA) and the Minerals Commission of Ghana have been pivotal institutions in regulating environmental standards and managing the country’s mineral resources, respectively. However, in the ongoing galamsey (illegal mining) crisis, their perceived failure to effectively curb the practice has sparked widespread criticism. Many have labeled these agencies as "toothless bulldogs," questioning their authority, capacity, and commitment to stopping galamsey.

 Failure of the EPA and Minerals Commission on Galamsey

 1. Regulatory Lapses and Enforcement Issues

The EPA is tasked with ensuring that mining activities adhere to environmental guidelines that protect Ghana’s ecosystem. However, the rise of galamsey, which involves uncontrolled mining without regard for environmental regulations, highlights a significant enforcement gap.

In many cases, illegal miners continue to operate near rivers and forests, using dangerous chemicals like mercury, which pollutes water bodies and destroys biodiversity. The EPA's inability to enforce laws and hold violators accountable reflects its inefficacy, as it seemingly allows environmental destruction to persist unchecked.

Similarly, the Minerals Commission, which is responsible for the licensing and regulation of mining activities, has been criticized for issuing licenses without proper monitoring or allowing illegal mining activities to proliferate.

The lack of oversight and monitoring by this agency has allowed galamsey operations to thrive, leading to severe degradation of lands, water bodies, and forests. This raises questions about its diligence in regulating small-scale mining and preventing illegal activities from taking root.

2. Corruption and Complicity

There have been allegations that officials within both the EPA and the Minerals Commission are complicit in the galamsey problem.

Corruption, bribery, and collusion with illegal miners are recurring themes, with some claiming that these officials turn a blind eye to illegal activities in exchange for financial gain. This undermines the legitimacy of these institutions and erodes public trust, making it difficult for the agencies to function as credible enforcers of mining regulations.

3. Weak Political Will

One of the biggest challenges facing both institutions is the lack of strong political will to crack down on illegal mining. Despite occasional crackdowns and government promises to fight galamsey, the political and economic interests tied to the mining industry often take precedence over environmental protection.

This reduces the EPA and the Minerals Commission to ineffective actors, as political pressure and fear of losing political capital may prevent them from taking decisive action.

 Are They Toothless Bulldogs?

The description of the EPA and the Minerals Commission as "toothless bulldogs" is an apt metaphor for their current state. Both agencies have the legal mandate and authority to act, but they appear to lack the power to bite—meaning their efforts to control illegal mining have been largely symbolic and ineffective. This can be attributed to several factors:

- Lack of Resources: Both agencies are under-resourced, which affects their ability to monitor, investigate, and enforce regulations. Limited manpower and equipment make it nearly impossible to cover vast mining areas, particularly those deep in rural regions.

- Ineffective Penalties: The penalties for engaging in illegal mining or violating environmental laws are often insufficient to deter offenders. The lack of strong punitive measures emboldens illegal miners, knowing that even if caught, the consequences are minimal.

- Public Pressure: Civil society groups, media coalitions, and local communities have put immense pressure on the EPA and Minerals Commission to take action. However, the agencies' failure to respond effectively gives the impression that they are not accountable to the public but to powerful economic interests behind illegal mining.

Solutions and the Way

Addressing the galamsey crisis requires a multifaceted approach:

1. Strengthening Regulations: Enforcement of mining laws must be stricter, and law enforcement agencies should be adequately resourced to combat illegal mining.

2. Community Engagement: Local communities should be educated on the dangers of galamsey and involved in anti-mining efforts.

3. Alternative Livelihoods: Vocational training and investment in sustainable industries can provide economic alternatives to illegal mining.

4. International Cooperation: Collaborating with neighboring countries and international bodies can help combat the cross-border nature of galamsey.

5. Environmental Rehabilitation: Reforestation and soil remediation efforts must be prioritized to restore damaged ecosystems.

 Conclusion

Leadership is shaped by the people’s actions or their inaction. Ghana’s struggle against galamsey highlights the need for constant civic engagement. As the Ghanaian Constitution’s declaration of “We the people of Ghana, IN EXERCISE of our natural and inalienable right to establish a framework of government which shall secure for ourselves and posterity the blessings of liberty, equality of opportunity and prosperity…… ” suggests, power ultimately rests with the citizens.

If Ghanaians remain vigilant and assert their rights, they can compel their leaders to act in their best interest. Without sustained pressure, however, leaders will continue to “sleep on their heads,” allowing problems like galamsey to persist, threatening the environment, public health, and the future of the nation.

The EPA and the Minerals Commission of Ghana face a monumental challenge in addressing the galamsey crisis. Their failure to regulate illegal mining has not only led to environmental destruction but also undermined their credibility as institutions.

While corruption, lack of resources, and weak political will are significant obstacles, these agencies must reform to shake off the perception of being toothless bulldogs. Without concrete actions, stricter enforcement, and transparency, the fight against galamsey will remain a losing battle, with devastating consequences for Ghana’s environment and future generations.

A write-up by Dr. Yao Eli Sebastian Nafrah & Craig Setor Nafrah