Can Traditional Leaders Fight Galamsey?

Last week, the news that the galamsey kingpin and deportee, Aisha Huang, had been rearrested, spread like wildfire across social media. This Chinese, working in cahoots with some corrupt officials, is infamously known to have destroyed farmlands, water bodies and forest reserves in Asante Region and beyond.

 As such, communities relied on the various streams, lakes, rivers for source of drinking water and irrigation. In fact, a farmer could simply leave his drink jar at home, and choose to satisfy his thirst at any nearby stream. 

However, under the false descent into so-called enlightenment and democracy, things have tragically now gone awry. From Manso Nkwanta to Daetano to Tepa to Dormaa Ahenkro to Prestea etc, the damning effects of irresponsible mining practices, otherwise called ‘galamsey’, are visibly disturbing. 

Unconscionable miners, using heavy machinery and improvised water pumps (known as ‘chagfans’), have turned rivers, streams with good turbidity and full of aquatic life into brown, poisonous backwater. Plain land vegetation have been so badly destroyed that you may think they were affected by a biblical plaque. 

In all this, where did we go wrong? 

A section of Ghanaians have pointed accusing fingers at the Minerals Commission for its poor supervision.  

Others believe the traditional leaders are to be blamed. This sentiment recently gained traction when businessman and politician, Mr. Akwasi Addae Odike, threw invectives against Nananom of Asanteman. In an interview on a radio Odike accused traditional leaders of passively watching while galamsey is festering. 

PROPOSED SOLUTION 

It appears that the operative legal structure for galamsey is problematic. Ghana operates a parallel system of land interests and mineral rights. On one part, per Art. 267 (1) of the 1992 constitution, stool land interests are vested and held by the respective stools and skins, in trust for its subjects.  

On the other land, per Art. 257 (6), minerals on the surface or beneath the soil/land are rather vested in the President, in trust for the people of Ghana. 

In this regard, numerous legislations have been enacted by government (President) to regulate mining practices. Mention could be made of the following:

A. Minerals and Mining Act, 2006 (Act 703) as amended by Act 900 of 2015, and Act 995 of 2019; 

B. Minerals and Mining (General) Regulations 2012. (LI 2173); 

C. Minerals and Mining (Support Services) Regulations 2012. (LI 2174);

D. Ghana’s Mining and Environmental Guidelines, 1994;

E. Environmental Protection Agency Act, 1994 (Act 490).

The irony is that these legislations do not provide clear and express roles for Nananom, the custodians of stool lands. Hence, patriotic Chiefs who may want to fend off these irresponsible miners have no option than to fall on otherwise corrupt officials. 

This is no time for a blame game. Galamsey is a cancer that is gnawing mercilessly at the soul of the country. Food security and portable water are really at risk. 

Finally, while government continues its security-led approach against the activities of galamsey, it is high time that consultative meetings go beyond the perfunctory requests to Nananom to join the fight against galamsey.

Indeed, a legal, robust and workable framework clearly and expressly defining the roles of all stakeholders (particularly Nananom) should be developed and operationalised, without delay.

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