Author: Kwasi Gyamfi Boadu Esq

SMALL-SCALE MINING  

History behind Mining  

The primary motivation behind the colonial administration’s compulsory land acquisition was to facilitate British commerce, enterprise, and the investment of British capital in the colonies. 

However, this effort faced resistance from various parts of the indigenous population. 

The Aborigines Rights Protection Society (ARPS) in the Gold Coast (now Ghana) collaborated with the African intelligentsia and some chiefs in 1897 in Cape Coast to resist the British administration’s land seizures. These seizures were based on the concept of vacant lands without owners. By labeling most lands in the Gold Coast as waste lands, colonial authorities attempted to bring them under colonial control through the Crown Lands Ordinance of 1894. However, the ARPS argued that there were no waste lands in the Gold Coast; all lands were owned by traditional leaders on behalf of their people and ancestors. Therefore, any activities involving land required the approval of these traditional institutions. 

In the pre-colonial era, traditional institutions were the sole authorities governing societies. These included political and social structures such as chieftaincy, judicial systems, customs, beliefs, taboos, and societal values. One key resource managed by these institutions was land, along with its attached resources like gold and other minerals. Before colonial rule, gold was mined using traditional technology on a small scale by local miners. This mining was done within a traditional belief system that regarded the Earth as a “living being,” necessitating rituals and observance of norms to ensure successful and safe mining. Indigenous people conducted all mining under traditional authorities until 1876, when the chiefs of Tarkwa granted the first mining concession to a foreigner, Pierre Bonnat.^[1]

The colonial government’s attempt to monopolize gold mining in the Gold Coast resulted in the criminalization of small-scale mining in 1932 through the Mercury Ordinance, which prohibited the use of mercury for gold mining.²⁹ Traditional miners had adopted mercury to extract free gold particles from concentrated ore, a more effective method than panning and washing. The reasons and timing for mercury’s adoption into traditional methods remain unclear, but it was noted that mercury was effective in capturing very fine grains of gold compared to mercury-free washing methods previously used. This ban remained in place until the Gold Coast gained independence in 1957. The newly independent state of Ghana then nationalized mining but did not involve traditional authorities in mining governance or create policies to legalize small-scale gold mining.^[2]

The state in Ghana extensively used the compulsory land acquisition power initially exercised by the colonial government to acquire land for public benefit, addressing economic and social inefficiencies in private market operations, and ensuring equitable land distribution. This was implemented through the Administration of Lands Act, 1962 (Act 123), and the State Lands Act, Act 125^[3] of 1962, which authorized the President to declare any land as state land for public use. These lands could originally be owned by stools, families, or individuals. The previous owners lost all rights to the land, except for compensation for their loss. Traditional authorities were unable to resist these acquisitions. 

Despite the technical ban on small-scale mining in 1932, it continued to flourish illegally, with gold being sold in neighboring countries. In 1989, the government of Ghana, recognizing the loss of revenue to these neighboring countries from illegal mining, repealed the 1932 Mercury Ordinance and introduced the Small-Scale Mining Law^[4] to license, regulate, and support small-scale mining. 

Even after the government legalized small-scale mining through a licensing process, illegal mining continues. In fact, some researchers have observed an increase in illegal mining activities in Ghana. 

DEFINITION OF SMALL-SCALE MINING  

The term “small-scale mining” first appeared in the United Nations’ 1972 publication, “Small-Scale Mining in the Developing Countries.” Initially considered a minor issue for donors, this publication highlighted the significant economic impact of small-scale mining in developing nations. Definitions of small-scale mining vary globally because of its diverse characteristics.^[5] The term ‘small-scale mining’ on an international level using criteria such as mine output, labour productivity, enterprise organization, and technology levels.^[6] Small-scale mining is predominantly driven by poverty and usually takes place in the poorest and most rural regions of a country. The miners often have limited education, few employment options, and rely on mining for their livelihood. They are considered poor and use basic tools and methods, such as picks, chisels, sluices, and pans, for extracting minerals. 

Previously, in Ghana, under the P.N.D.C.L 218 1989,^[7] small-scale mining was defined as mining conducted by any method that did not require substantial expenditure, carried out by either an individual, a group of no more than nine people, or a corporate society with ten or more members. It provided that any mining operation with a land concession up to 25 acres for a period of three to four years was classified as small-scale.^[8] Specifically, up to three acres can be allocated to a person or group of up to four people, five acres to groups of up to nine, and 25 acres to cooperatives of ten or more. Section 93 of the Act^[9] states that a licensed individual must use effective and efficient methods, adhere to good mining practices, and consider environmental protection. Small-scale gold mining is describe as including both artisanal mining, which uses basic tools, and more sophisticated operations with relatively low production and capital investment. In Ghana, there is no clear distinction between these types, so both are classified as small-scale mining.^[10]

Currently, virtue of Section 111 of the Minerals and Mining Law 2006, Act 703, “small scale mining operation” means mining operation over an area of land in accordance with the number of blocks prescribed.^[11] Small-scale mining involves extracting mineral deposits, usually gold, by individuals, groups, or cooperatives working in small to medium-sized operations. These operations use basic, labour-intensive mining techniques and unsophisticated technology, requiring minimal capital investment and often paying little attention to environmental concerns. 

In Ghana, this long-established activity predates modern large-scale mining and is primarily concentrated in the country’s northeast and southwest gold belts. It involves men, women, and children. The mining process includes amalgamation with mercury to extract gold, followed by boiling off the mercury. Operations in this sector are characterized by the use of simple tools such as shovels, pickaxes, pans, chisels, and hammers.^[12]

ENFORCEMENT OF MINING LAWS

Legislative Framework  

Prior to the introduction of the Small-Scale Mining Act, 1989 (also known as P.N.D.C.L 218), Ghana lacked regulations for small-scale mining. This law created two categories of operators in the sector that is, legal small-scale miners, who obtain the necessary permits, and illegal miners, known as galamsey, who operate without permission. The primary aim of this law was to regulate the small-scale mining industry by issuing appropriate licenses to eligible miners. 

The purpose of this law was to ensure that small-scale mining activities did not endanger human life or the environment excessively. Consequently, mining without a license became illegal and a criminal offense.^[13] In 2006, all mining laws in Ghana were consolidated with the goal of establishing a more comprehensive legal framework for mining operations. The regulations for small-scale mining are included in sections 81 and 99 of this law. 

Section 82 (1) of Act 703 stipulates that the Minister of Lands and Natural Resources, or an authorized representative, issues mining licenses to prospective small-scale miners. Before the license can be granted, the District Chief Executive (DCE) of the district where mining is proposed must sign the application form, which is then submitted to the Minister for review. This requirement for both the Minister and the DCE to sign the application introduces checks and balances to ensure accountability in the issuance of mining rights. It is also likely to enhance transparency, as both officials can oversee and monitor each other’s actions in the licensing process. 

Section 82 (3) of Act 703 aims to prevent conflicts by ensuring that a mining license granted for a specific parcel of land cannot be issued to another prospective miner for the same area. The law also requires that only Ghanaians who are at least 18 years old and have registered with the Minerals 

Commission in a designated mining district can engage in small-scale mining. This requirement suggests that the Ghanaian government seeks to limit certain business opportunities to citizens to increase employment for Ghanaians. Furthermore, the age restriction of 18 and older for small-scale mining is likely part of the government’s efforts to combat child labour in the mining sector. 

Section 90 (3) of Act 703 assigns the District Office responsibilities including supervising and monitoring small-scale miners, offering advice and training, and helping to establish a Small-Scale Miners’ Association.  

Under section 92 of Act 703, the Small-Scale Mining Committee must consist of the District Chief Executive (DCE) or their representative as the chairman, the District Officer appointed under section 90 (2) of Act 703, a representative nominated by the relevant Traditional Council, an officer from the Inspectorate Division of the Minerals Commission, and an officer from the Environmental Protection Agency. 

Guidelines for the use of chemicals in small-scale mining are outlined in sections 95-96 of Act 703.  Small-scale miners must obtain written consent from the Minister to use explosives, and mercury used in these operations can only be bought from authorized dealers. These regulations are designed to minimize environmental damage and ensure human health and safety. 

Institutional framework  

According to section 90 (3 of Act 703), the District Office is responsible for functions such as supervising and monitoring the activities of small-scale miners, providing advice and training for them, and facilitating the formation of a Small-Scale Miners’ Association. The District Office’s efforts are supported by a Small-Scale Mining Committee to effectively oversee, promote, and develop mining operations in the designated mining area. Despite the establishment of district mining offices to assist prospective miners in obtaining licenses, the headquarters of the Minerals Commission,^[14] the Environmental Protection Agency,^[15] and the Ministry of Lands and Natural Resources^[16] continue to play centralized roles in the process. 

The Ministry of Land and Natural Resources^[17] ensures sustainable management as well as judicious utilization of the country’s lands and natural resources (forestry, wildlife and mineral resources). Also, its mines section of the Ministry advises and co-ordinates government policy on mining issues and review recommended licenses and important documents and agreements related to the mining sector. 

The Minerals Commission is the body responsible for recommending mineral policies as well as advising the government on mineral matters. It also works together with government and the mining sector.^[18]

The Environmental Protection Agency protects the environment through policy formulation; economic, scientific and technological interventions that are needed mitigate any harmful developmental impacts including mineral exploration and processing.^[19]

The Geological Survey Department undertakes geological mapping, research and investigations (mineral resource, environment, groundwater management, land use planning and geohazards) to generate, collect and store geoscientific data and knowledge. It is responsible for conducting geological studies and prepares geological maps. And ensures safety in the mines through its Mines Department.^[20]

 IMPACT OF SMALL-SCALE MINING ON THE ENVIRONMENT AND ECONOMY

Small-scale mining has generated considerable issues as well as substantial socio-economic advantages for many developing countries. 

Positive Impact  

Small-scale mining is crucial in reducing poverty in many rural areas of the developing world. It thrives in remote regions with minimal infrastructure where other industries cannot operate. These operations are low-tech and generally do not require technical staff, allowing them to employ the least educated and the poor. 

Small-scale mining offers many opportunities for women in developing countries. Women are estimated to make up as much as one-third of the sector, including informal activities. While female participation in small-scale mining varies by country, in some cases, women play a more significant role in the industry than men. 

Small-scale mining is crucial to regional governments. It not only provides employment for thousands of indigenous people but also significantly boosts national mineral markets with its output.^[21]

Problems of Small-Scale Mining  

The sector’s most significant challenges relate to environmental, health, and safety concerns. These issues often originate from a negative cycle in which the small-scale mining industry receives insufficient government support, leading to minimal tangible benefits. The most concerning issue among all the problems is the environmental degradation caused by small-scale mining. 

The use of mercury in small-scale mining poses a serious risk to water quality in many areas. During the extraction process, mercury creates a stable compound known as methyl-mercury, which becomes harmful to both humans and the environment when absorbed by plants and animals. In Ghana, small-scale miners according to Section 96 allows small-scale miners to purchase and use mercury^[22] to process their ore, and the resulting waste is often dumped into water bodies. This causes bioaccumulation in aquatic species and can eventually enter the human food chain. Exposure to mercury can lead to serious health problems, including kidney damage, respiratory and cardiovascular disorders, memory loss, psychosis, reproductive issues, and, in severe cases, death, particularly in children. These chemicals can pose risks to humans, as well as aquatic and wildlife species 

Land degradation is a significant issue associated with the various stages of surface mining, including construction, mining, and processing. Each stage contributes to the deterioration of land quality and the disruption of ecosystems and local communities. During the initial construction phase, the top layer of soil, which contains essential nutrients and organic matter necessary for plant growth, is stripped away. The mining stage involves further removal of topsoil, exacerbating land degradation and reducing the potential for future agricultural use. 

The processing of mined materials generates large volumes of waste, which are stored in tailings dams. These dams require substantial tracts of land, further contributing to land degradation and the loss of potentially arable land.^[23]

A major and increasingly controversial issue is the unauthorized occupation of land. Small-scale miners who are focused solely on mining, rather than farming, take advantage of the informal land ownership system by unlawfully entering and taking over land, oftentimes without compensating the original landowners. The typical reaction to this has been to rely on the military and police for enforcement, but this has been inconsistent. Decision-making regarding security interventions in the ASM sector lacks transparency. Many political leaders have conflicting views on ASM, as they must balance portraying the sector as a threat while also supporting it as a vital economic activity for their constituents and a source of funding for political campaigns.^[24]

ILLEGAL SMALL-SCALE MINING  

Illegal miners are regarded as a “threat,” “danger,” “headache,” “challenge,” and “problem” that requires a strategic and comprehensive solution along with sustainable practices. The government views illegal mining as an obstacle to future economic growth, considering it a significant nuisance. Development agencies consider the daily activities of illegal miners to be harmful to the environment, social structures, and the overall economy. These illegal actions generally have long-term negative effects on both the miners themselves and the broader economy. Often, illegal miners are involved in intense confrontations with landowners and large-scale foreign mining companies.^[25] Ghana is facing economic challenges and is trying to address numerous issues, including unemployment, poverty, inadequate educational infrastructure, health problems, and the negative impacts of illegal mining^[26]

According to The Law Insider Inc. (2020), illegal mining is defined as conducting mining activities in a way that does not adhere to the mining plan or scheme, required clearances, permissions, and regulations for the transportation and storage of minerals as stipulated by law.^[27] It involves the unauthorized extraction of valuable minerals and resources from the earth. This practice typically occurs without proper permits, regulatory oversight, or adherence to legal requirements.^[28]

Here, operators engage in mining activities without obtaining the necessary permissions and licenses from governmental authorities. This includes failing to secure environmental clearances and other required legal documents. They often ignore safety standards, environmental regulations, and labour laws designed to protect workers and the environment. This non-compliance can lead to dangerous working conditions and significant environmental harm. 

This activity frequently results in deforestation, soil erosion, water contamination, and loss of biodiversity. The unregulated use of hazardous chemicals, such as mercury and cyanide in gold mining, can have long-term detrimental effects on ecosystems and human health.^[29]

Due to the informal nature of illegal mining, governments lose out on tax revenues and royalties that would otherwise be generated from legal mining activities. Additionally, it can destabilize markets by flooding them with unregulated minerals. The minerals extracted through illegal mining are often sold on the black market, bypassing official channels. This unregulated trade finances criminal activities and contribute to corruption.^[30]

CAUSES  

Many people living in mining communities in Ghana feel that, despite the UN General Assembly’s official recognition, the right to development remains an unfulfilled promise to them. The Declaration on the Right to Development^[31] states that development is a multifaceted process involving economic, social, cultural, and political dimensions. Its goal is to continuously enhance the well-being of all individuals and the entire population through meaningful participation and fair distribution of benefits. According to Article 8 of the Declaration, states must take all necessary actions at the national level to achieve the right to development. This includes ensuring equal access to essential resources, education, health services, food, housing, employment, and equitable income distribution. Furthermore, states should implement effective measures to guarantee women’s active involvement in the development process and carry out economic and social reforms to eliminate social injustices.^[32]

One response was that illegal small-scale mining provided job opportunities for those interested. It is believed that these mines employed more young people than formal institutions. Furthermore, there was no requirement for educational certificates, making it an ideal place for those without formal education to work.^[33]

Economic decline in the 1970s led to the rise of illegal mining, known as “galamsey,” as people sought additional income sources. The phrase “gather them and sell,” coined by these miners, eventually became “galamsey.” These miners work in groups, searching for and selling gold ore. Unemployment and the lure of high income from mining sales drove many to engage in galamsey. The 15-24 age group, which constitutes 25.6% of the unemployed, is particularly affected, with their unemployment rate being twice that of the 25-44 age group and three times that of the 45-64 age group.^[34]

In addition to the major causes of illegal mining, there are minor causes that also contribute, as they are not mutually exclusive. These minor causes stem from economic forces shaped by social and political processes rather than individual economic failures. Bureaucracy is one such factor. The process of obtaining legal mining permits and concessions for artisanal mining is cumbersome, involving delays and high costs. While the government leases land to large-scale companies through formal and predictable contracts, artisanal miners often prefer local community arrangements due to their informality and flexibility. The bureaucratic requirements are the primary obstacle to securing licenses for artisanal mining, leading to unregulated illegal mining.^[35]

Lastly, weak regulatory regimes contribute to illegal mining in Ghana. The dual land tenure system, where the government holds legal rights to land and traditional authorities act as custodians, complicates land access. People often seek approval from traditional authorities to gain access to land. This method is more attractive because it is easier compared to navigating the formal institutional processes, which makes accessing land through traditional authorities, who lack formal land tenure requirements, more appealing.⁶⁵

EFFECTS  

 Firstly, illegal mining leads to a significant loss of the state revenue. These operations often bypass paying taxes, royalties and regulatory fees, resulting in substantial financial loss for the government. This reduction in revenue limits the government’s capacity to support development projects and provide essential services. Research indicates that illegal mining in Ghana has notably decreased the government ‘s income from the mining sector. Unlike the formal companies, which are rehired to pay corporate taxes, royalties and other fees based on production and profits, illegal miners operate outside the regulatory framework, evading these financial obligations. Additionally, the informal nature of the illegal mining make it difficult for government to monitor activities and collect revenue effectively. Limited resources and inadequate enforcement mechanisms further hinders attempts to control illegal mining and ensure compliance with tax requirements.^[36]

  Another significant impact of illegal mining is environmental degradation. These operations often involve clearing large areas of forests and the vegetation to access mineral deposits, leading to the loss of essential wildlife habitats, reduced carbon sequestration and disruption of the ecological balance. The removal of vegetation also accelerates soil erosion and land degradation, making the affected areas less suitable for agriculture and other land-based economic activities. Moreover, illegal miners frequently use uses harmful practices, such as improper handling of mercury during gold extraction, which poses serious threats to both human health and the environment. Mercury contaminates water sources, negatively affecting downstream communities and ecosystems that depends on these water bodies for their livelihoods. The environmental damage chairs by illegal mining have a profound effect on agricultural productivity. The destruction of fertile land and natural resources diminishes Ghana’s potential for sustainable economic growth. Since industries like agriculture and forestry are key to the economy, illegal mining ‘s degradation of natural resources undermines their ability to provide employment, generate export revenue and ensure food security.^[37]

 Illegal Mining also created direct competition with formal mining sector, leading to industry distortion. Since illegal operation avoid compliance with environmental regulations and labor standards, their production coast significantly lower. This puts legal mining companies at a disadvantage, reducing their competitiveness, profitability, and ability to expand. The uneven playing field caused by illegal mining results in lower overhead costs for illegal miners, who evade the expenses tied to compliance. This gives them a distinct competitive advantage over formal mining companies, which must adhere to higher operational costs due to legal obligations. As a consequence, formal mining companies faces reduced profitability, making it harder for them to sustain operations and to invest in technological advancement and exploration efforts. Additionally illegal mining undermines the long-term environmental sustainability of the sector as it often involves harmful practices like deforestation, water contamination and the unchecked use of toxic chemicals such as memory. These activities not only harm the environment but also affect the overall stability and reputation of the mining industry.^[38]

Lastly, illegal small-scale gold mining heavily involves child labor, which contributes to significant absenteeism and high dropout rates in schools. The allure of quick and easy money from gold mining is so compelling that many children, unable to fully comprehend the fleeting nature of this wealth, jeopardize their futures. While the immediate financial rewards may seem attractive, they come at a substantial long-term cost. The widespread use of child labor in these mining activities is linked to various social problems in the galamsey communities of Ghana. 

Issues such as drug abuse, violent crimes, prostitution, and teenage pregnancy become prevalent as children, diverted from education and lacking proper guidance, are exposed to harmful influences and unsafe environments.   ^[39]

COMPARISON OF THE EFFECTS

More often than not small-scale mining and illegal mining are used interchangeably. The argument being made is that the distinction between small-scale mining and illegal mining is not as clear-cut as it is often portrayed. Both types of mining operations have similar organizational structures and use similar technologies, and both can have similar or most times same negative impacts on the environment and local communities. Furthermore, the enforcement gaps in the mining sector make it difficult to differentiate between the two, as some small-scale operations may drift into illegal practices without consequences. 

Small scale mining and illegal mining share some similarities, but they are not the same. Some similarities between the two include: 

1. Lack of proper governance: Both small scale mining and illegal mining often operate outside of formal government regulations. This can lead to environmental degradation, poor working conditions, and lack of safety measures for workers. Small scale mining though legal may struggle with regulatory compliance. Illegal mining by its definition operates outside the legal framework. 

• Informal nature: Both small scale mining and illegal mining are often conducted by individuals or small groups without the proper permits or licenses. This informal nature can make it difficult for authorities to regulate and monitor the activities. 

• Use of low-tech equipment: Both small scale mining and illegal mining typically involve the use of simple equipment and techniques, such as panning for gold or digging for minerals with hand tools. This can result in lower efficiency and productivity compared to large-scale mining operations. Small scale typically involves a limited number of people and use simpler, less mechanized techniques. Illegal mining on the other hand also operates on small scale. 

• Environmental impact: Small scale mining can cause significant environmental degradation including deforestation, soil erosion and water pollution if not properly managed. Illegal mining often results in severe environmental damage as these operations frequently ignore environmental regulations and best practices. 

Despite these similarities, small scale mining and illegal mining have distinct differences. Small scale mining is often a legitimate and legal activity that provides livelihoods for local communities and contributes to the local economy. In contrast, illegal mining involves trespassing on land, theft of resources, and disregard for environmental and social regulations. Addressing the issues of illegal mining requires stronger law enforcement and better governance, while supporting small scale mining requires ensuring that miners have access to proper training, resources, and support to operate sustainably. 

DIFFERENCES (THIN LINE)

Ghana’s mining sector consists of two main categories: large-scale mining, mainly conducted by multinational companies, and small-scale mining, which includes many unlicensed operators known locally as galamsey. While large-scale mining is generally regulated in a formal and straightforward way, small-scale mining, particularly by galamseys, often defies legal regulations and is associated with considerable environmental damage. 

While large-scale miners face strict regulatory standards, small-scale miners do not experience the same level of oversight. This discrepancy arises from several factors, including a lengthy and complicated application process, insufficient funding for an activity that requires significant capital, a lack of understanding about the licensing process, and inadequate enforcement capabilities due to the large number of small-scale miners—around 1.5 million— compared to the available resources for regulation.^[40]

First and foremost, both concepts differ in terms of their definition. Small-scale mining refers to mining activities that are typically limited in scale and output, often involving lower levels of mechanization and investment. It is usually characterized by artisanal and manual methods of mineral extraction. Illegal mining on the other hand, involves the extraction of minerals without proper authorization, permits, or licenses. It often operates outside the established legal frameworks and regulations. This undermines legitimate mining businesses this is stemmed from avoiding taxes and royalties, impacting national economies negatively. The primary distinction lies in their compliance with legal frameworks and regulations. Small-scale mining can be a legal and vital part of local economies when regulated properly, whereas illegal mining typically results in negative economic, social, and environmental repercussions. 

With regards to regulations, small-scale mining is subject to regulatory oversight, which includes environmental assessments, safety standards, and labour regulations. Compliance with these regulations is mandatory. Small-scale mining, while less extensive than large-scale operations, is subject to a range of regulatory measures to ensure it is conducted responsibly and sustainably. These regulations are designed to mitigate the potential negative impacts of mining activities on the environment, workers, and surrounding communities. These regulations provide that, they must obtain the necessary permits and licenses from relevant government authorities before beginning operations^[41] and also specifies the area of land that can be mined,^[42] the type of minerals that can be extracted, and the duration of the permit.^[43] Illegal mining by definition, operates outside the boundaries of legal and regulatory frameworks. It lacks regulatory oversight, meaning there is no adherence to environmental, safety, or labour standards. This absence of regulation often leads to hazardous working conditions and environmental damage. Due to lack of regulatory frameworks for illegal mining, it often results in severe environmental degradation. Without regulations, miners may use harmful chemicals, such as mercury and cyanide, to extract minerals, leading to water and soil contamination. This pollution can devastate local ecosystems, harming plant and animal life and posing health risks to human populations. The clearing of large areas of forest, contributes to deforestation which does not only destroy habitats but also disrupts local climate patterns and reduces biodiversity. 

Furthermore, small-scale mining is a labour-intensive industry that provides employment to a significant number of people. In many rural areas, where job opportunities are scarce, small-scale mining can be a vital source of livelihoods. It employs a wide range of workers, from miners to support staff such as equipment operators, cooks, and traders. By providing employment and generating income for lower-income families, it can reduce poverty and improve socio-economic equity. Where it is formalized, they contribute to national and local revenues through taxes and royalties. These funds can be used by governments to invest in public services and infrastructure. On the other hand, Illegal mining often focuses on maximizing short-term gains without considering the long-term sustainability of resources. Even though it provides employment, it is short lived due to its illegality resulting to governments aiming to eliminate these activities by implementing enforcement measures and imposing penalties. A classical example is when the government established the Galamsey Task 

Force to combat illegal small-scale gold mining (galamsey). The Operation Vanguard is a Military Police Joint Task Force (JTF) set up by the President of Ghana  in 2017 to combat the operation of galamsey in Ghana. Galamseyers are illegal miners and have over the years depleted Ghana’s forest cover.^[44] The task force has conducted numerous operations to shut down illegal mining sites and arrest offenders. Additionally, the government has promoted the formalization of small-scale mining and provided support to legal mining cooperatives. 

Lastly, small-scale miners are supported through various through training programs, technical assistance, and financial aid. Governments often provide training programs to help small-scale miners develop essential skills. These programs can include training in geology, mineral identification, mining techniques, and safety practices. By enhancing their technical knowledge, miners can operate more efficiently and safely. Other times, mining experts and engineers are deployed but the government to assist small-scale miners. By definition, illegal mining operates outside the bounds of established legal frameworks. These activities lack the necessary permits, licenses, and regulatory oversight required for legitimate mining operations. As a result, governments do not provide official support or assistance to illegal miners. The negative consequences of illegal mining extend beyond environmental and health impacts. Illegal activities can lead to conflicts over land and resources, social instability, and loss of livelihoods for communities dependent on traditional or legal mining practices. As such the government puts in every effort to get rid of illegal mining operations. 

RECOMMENDATIONS

In an effort to address some of the challenges associated with illegal mining, various measures have been undertaken. For instance, in 2017, Citi FM launched a campaign against galamsey. As a response, military personnel were dispatched to illegal mining areas under operation vanguard and operation halt initiatives to forcefully remove operators. The military confiscated, destroyed, or burned mining equipment. However, this approach proved ineffective, causing unrest and leading to conflicts between the officers and local communities. 

One way to curb the effects of small-scale mining, is to improve the Environmental Protection Agency’s effectiveness by engaging it in the process of granting mining concessions, giving it a more central role in enforcing mining regulations. Additionally, creating a strong reporting system for citizens to report illegal mining activities directly to the agency and granting the agency the authority to require mining companies to provide regular updates on their activities would help streamline the process of prosecuting environmental offenders. This would ultimately shorten the time it takes to hold offenders accountable. 

Governments should then promote socio-economic sustainability in the industry by funding infrastructure projects and providing financial support to small-scale miners. Although these mines are temporary, they are located in specific regions with economically viable geological deposits. Therefore, it would be beneficial to develop appropriate infrastructure to support socio-economic development in these areas, such as regional hospitals and first aid centers. Constructing such facilities could reduce disease incidence among small-scale miners and provide treatment for work-related injuries.^[45]

Enhanced training and education, combined with more technological demonstrations, can help close crucial information and technology gaps. Regional governments should coordinate the activities and research of educational institutions and NGOs and create and implement effective educational and training programs. They must also ensure that miners receive effective environmental technology to minimize waste and pollution problems. Also creating regional small-scale mining centers can be advantageous, as they can act as a key platform for disseminating vital environmental and health information. One approach is to establish general centers that offer a variety of services to small-scale miners. For example, in Ghana, following the legalization of small-scale mining in 1989, eight district centers were created in the southern part of the country, where a mine engineer and a mines inspector who assist with claim registration, provide technical advice, and promote the safe and productive operation of local mines.^[46]

Enhancing collaboration between small-scale mining and large-scale mining can help improve sustainable practices. Large mining companies could offer training or guidance to artisanal and small-scale operators in areas like environment, health, and safety. However, the informal nature of the sector and the possibility of attracting more miners pose risks. Any collaboration will need to be carefully planned to ensure its success. 

A more pragmatic approach to legislation that acknowledges the current reality on the ground is being suggested. Many local small-scale mining operators, both legal and illegal, are forming partnerships with foreign partners, particularly Chinese investors, despite regulations stating that small-scale mining is restricted to Ghanaian citizens. This situation is unlikely to change soon as these partnerships provide local operators with much-needed capital, machinery, and expertise. The government may need to consider amending existing legislation to formally allow foreign miners to collaborate with registered Ghanaian concession holders in the small-scale mining sector. This could lead to clearer guidelines on partnerships, financing, service provision, subcontracting, and better monitoring of gold production.^[47]

CONCLUSION

The thin line between small-scale mining and illegal mining is shaped by a combination of regulatory, economic, and social factors. While small-scale mining can play a vital role in local development, inadequate regulatory frameworks and enforcement often push operations into illegality. Addressing this issue requires comprehensive policy reforms, effective governance, and a nuanced understanding of the socio-economic contexts in which these miners operate. By bridging the gap between small-scale and illegal mining, it is possible to harness the benefits of mining while minimizing its negative impacts. 

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^[1] Emmanuel Yamoah Tenkorang,  “ Illegal Small-Scale Mining in Asutifi North District, Ghana: Traditional Authority’s Tacit Support for an Illegality” (2021) 11 African Social Science Review 1 ²⁹ Ibid 

^[2] Ibid 

^[3] State Lands Act 125

^[4] Emmanuel (n.33) 

^[5] Opoku Mensah Seth, “The Socio-Environmental Impacts of Small-Scale Mining Operations in the Tarkwa-Nsuaem Municipality in Ghana” (2016)

^[6] Gavin Hilson, “Small-scale mining and its socio-economic impact in developing countries” (2002) 26 Natural Resources Forum 

^[7] P.N.D.C.L 218 1989

^[8] Ibid 

^[9] Ibid Sec 93 

^[10] Opoku (n. 34) 

^[11] Minerals and Mining Law 2006, sec 111

^[12] Opoku (n. 34) 

^[13] A. Osei-Kojo, K. Asamoah, E. Yeboah-Assiamah, “Implementating Small Scale Mining Laws in Ghana” (2016) 24 Administratio Publica 3 

^[14] Minerals and Mining Law 2006

^[15] Environmental Protection Act 1994

^[16] Civil Service Law 1993 PNDC Law 327, sec 11

^[17] Ibid 

^[18] Minerals Commission Act 1993 s 2 

^[19] Environmental Protection Act 1994 (490)

^[20] Geological Survey Authority Act 2016 (Act 928)

^[21] Galvin (n.34) 

^[22] Minerals and Mining Law 2006, sec 96

^[23] Samuel Asuamah Yeboah, “Digging Deeper: The Impact of Illegal Mining on Economic Growth and Development in Ghana” (2023) 

^[24] Hirons, M. (2014). “Decentralizing natural resource governance in Ghana: Critical reflections on the artisanal and small-scale mining sector.” Futures, 62, (2014), 21-31. 

^[25] Thomas Nti, YinFei Chen, Bright Parker Quayson, Fred Yeboah Agyei, “Illegal Mining and Sustainability Performance: 

Evidence from Ashanti Region, Ghana” (2020)8 IJSRM 3

^[26] Kwadwo Addo Tuffuor, Richard Babil Takora, “Effects of Illegal Mining on Human Security in Ghana” (2024) 6 Medicon Engineering Themes 2

^[27] Ibid 

^[28] The Law Insider Inc. (2020)

^[29] Kwadwo (n. 54) 

^[30] Ibid 

^[31] UN Resolution 41/128, December 4 1986 

^[32] Ibid Art 8 

^[33] Emmanuel Yamoah Tenkorang, “Illegal Small-Scale Mining in Asutifi North District, Ghana: Traditional 

Authority’s Tacit Support for an Illegality” (2021) 11 African Social Science Review 1 

^[34] Moses Kwame Adomako Asiama, “Impact of Illegal Small-Scale Mining on the Livelihood of the Residents of East Akyem 

Municipality” (2019)

^[35] Ismail Kervankiran, Michael Gameli Dziwornu, Kadir Termirçin, “Illegal Mining as Threat to Sustainable Development in Ghana: A Political Ecology Approach” (2016) 8 ZfWT 3 p. 173-191 ⁶⁵ Ibid  

^[36] Asuamah Yeboah, Samuel, “Digging Deeper: The Impact of Illegal Mining on Economic Growth and Development in Ghana” (2023) 

^[37] Ibid 

^[38] Asuamah (n. 46) 

^[39] Danyo Gilbert, Osei-Bonsu Albert, “Illegal Small-Scale Gold Mining in Ghana: A Threat to  

Food Security” (2016) 4 Journal of Food Security 5 p 112- 119 

^[40] David Asumda, “An Analysis of Regulatory and Institutional Challenges in the  Gold Mining Sector of Ghana and the Way Forward ” (2022) 2 UCC Law Journal 1 

^[41] Ibid Sec 82 

^[42] Ibid Sec 86 

^[43] Ibid Sec 85 

^[44] See https://doi.org/10.1016/j.landusepol.2020.104706  

^[45] Galvin 

^[46] Galvin 

^[47] Crawford, G., C. Agyeyomah, G. Botchwey and A. Mba, “The Impact of Chinese Involvement in Small-scale Gold Mining in Ghana”(2015). The International Growth Centre