Mining
Chiefs to fight galamsey with which authority?
Government is courting the support of traditional leaders who are custodians of lands and culture as a matter of urgency and necessity rise up and assume a frontal role in the fight against illegal mining.
Chiefs are the best way to provide legitimate advice and knowledge on the consequences of activities in their areas – and also curb the overwhelming amount of land cases pending before the courts with regard to mining.
Chiefs ought to be given a say in the activities of mining because they are accountable to the people and often bear the consequences of illegal mining activities.
Traditional leaders, especially paramount chiefs should be involved to advise and bring their knowledge to bear on the process.
After all, the lands belong to Nananom or families who are from the royal families.
However, traditional leaders say they do not have the authority to combat illegal mining in their respective traditional areas where miners have taken over lands and other natural reserves.
According to the traditional leaders, the miners claim to have operational permits from state agencies despite polluting river bodies and the environment.
Since the traditional rulers are not involved in the granting of the permits, it is difficult for them to ascertain the genuineness of the permits.
The traditional leaders argue that government has taken all the traditional powers that made them powerful to instill discipline in their traditional communities.
Article 257(6) of the 1992 Constitution states that every mineral in its natural state in, under or upon any land in Ghana, rivers, streams, water courses throughout Ghana, the exclusive economic zone and any area covered by the territorial sea or continental shelf is the property of the Republic of Ghana and shall be vested in the President on behalf of, and in trust for the people of Ghana.
This means that the owner of any land in Ghana is not the owner of any mineral in its natural state which he/she may find.
The law further provides that despite a right or title which a person may have in a land, upon or under which minerals are situated, a person shall not conduct activities on or over land in Ghana for the search, reconnaissance, prospecting, exploration or mining for a mineral unless the person has been granted a mineral right in accordance with the Minerals and Mining Act.
Therefore, regardless of the fact that you own the land on which the gold in its natural state is found, a mineral right must be granted to you to deal with it in any way.
To make matters a bit more complex for individuals, qualifications for mineral rights are limited to bodies incorporated under the Companies Code 1963 (Act 179), under the Incorporated Private Partnerships Act 1962 (Act 152) or under an enactment in force.
To sum it up, the land is yours but the mineral belong to the people of Ghana).
The Finder therefore, supports the call by traditional leaders for a Legislative Instrument (LI) to empower chiefs in fighting illegal mining in the country.
They must be involved before the licence is granted, and they must also be involved in managing and enforcing the laws.
The government must seek the consent of traditional authorities before granting concessions to mining companies because as it stands now, illegal miners cannot be detected as they all claim to have documents covering their operations.
The Finder is certain that such collaboration will stop some of the suspicions that people have about our traditional rulers and the role that they have played in the sale of lands to illegal miners.
We believe such a close collaboration between the regulatory agencies and traditional rulers will go a long way to help curtail and end this menace that is destroying the country.
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President Nana Addo Dankwa Akufo-Addo has directed the Police to investigate allegations by Professor Kwabena Frimpong-Boateng regarding the involvement of some government officials in illegal mining activities.
Checks by The Finder with the Police confirmed that the directive was issued last week.
Special Investigation Unit
Following the directive, the checks revealed that the Special Investigation Unit (SIU) of the Criminal Investigation Department (CID) at Headquarters has commenced investigation into the matter.
The former Minister of Environment, Science, Technology and Innovation also alleged that even some staff at Jubilee House and New Patriotic Party (NPP) bigwigs are involved in illegal mining.
Ousted by persons in galamsey?
Prof. Frimpong-Boateng in a recent interview with the state broadcaster GBC alleged that he was ousted from his position to pave the way for NPP bigwigs and government officials to continue their galamsey activities.
“Let me tell you that I did not take one excavator for anything, they know the truth. Now things are coming up, we know those who are behind it and the party people who are there, people in government including Jubilee House who are doing galamsey and so on, even now.
“There was an orchestrated scheme, even within the party and government to get me out. Why is it that when I left now everyone is in the forest?”
Prof. Frimpong-Boateng’s son accused of mining in forest reserves
Jojo Frimpong-Boateng, the biological son of Prof. Frimpong-Boateng was accused of having links with a company called Symphony Limited allegedly involved in mining in Ghana’s forest reserves.
Audio recording
While in office in 2020, an audio recording surfaced online with the voice of Prof. Frimpong-Boateng interacting with some persons believed to be NPP members and in the said recording, Prof. Frimpong-Boateng was heard allegedly agreeing to granting them the green light to engage in galamsey.
Scandals of Inter-ministerial Committee on Illegal Mining
The Inter-ministerial Committee on Illegal Mining (IMCIM) headed by Prof. Frimpong-Boateng was hit by a number of scandals including corruption allegations levelled against some of its leaders as well as claims of 500 excavators seized from illegal small scale miners missing.
“Though the excavators were seized and taken to the district assemblies, the heavy-duty machines disappeared later from the premises of the assemblies,” he said.
CID arrest 6 in connection with missing excavators
The CID of the Ghana Police Service on Monday 3rd February, 2020, arrested six persons in connection with the missing excavators and other seized equipment from illegal miners in the country.
Among them is the suspended New Patriotic Party Central Regional Vice Chairman, Horace Ekow Ewusi.
The others include Frederick Ewusi, Joel Asamoah, Adam Haruna, Frank Gyan and John Arhin.
157 excavators
However, the then Lands and Natural Resources Minister, Kweku Asomah Cheremeh, said his outfit had 157 excavators in its possession.
There were 122 excavators in Adentan, 26 in Obuasi and nine in Tarkwa.
Following the scandals Nana Addo Dankwa Akufo-Addo dissolved the IMCIM in January 2021 and assigned Lands and Natural Resources Ministry the lead role in the galamsey fight.
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The Deputy Minister for Lands and Natural Resources responsible for Mines, George Mireku Duker has noted that the return of the Ankobra River and other water bodies to their pure status is a reflection of the strides made by government’s fight against illegal mining.
According to him, the progress made in the turbidity level of the waterbodies is indicative of the fact that the anti-galamsey fight is yielding results.
Speaking after the tour of the Ankobra River which is fast regaining its authentic and clean status on Thursday, 16th February 2023 , Mireku Duker commended the various stakeholders for their respective roles in the fight against illegal mining.
While commending the various agencies and Ghanaians for their efforts, Mireku Duker maintained that government will not take its foot off pedal and will press on with the measures that have resulted in the gains made so far.
He noted that the training of river wardens to compliment the Operation Halt II taskforce is another laudable initiative by government that has contributed significantly to the liberation of water bodies from galamsey operations.
He urged all individuals especially Chiefs, MMDCEs and the general public to join forces with government in its bid to protect the water bodies.
He reiterated government’s aversion on the ban of small-scale mining and expressed that government through the Community Mining Scheme and other innovations will transform the small-scale mining sector.
“We should take full responsibility of protecting Ghana’s river bodies. We have roles to play including MMDCEs and we must all commit to protecting our water bodies.
“There are suggestions for government to close down small-scale mining activities but we are aware of the number of job opportunities created in the small-scale mining sector.
The DCE for Ellembelle District, Kwasi Bonzo said the people of Ellembelle will not sit down aloof and watch others destroy their livelihoods.
Dorcas Amoah, DCE for Nzema East commended the government for the Community Mining scheme in the area, revealing that many lives have been impacted positively by the innovative mining scheme
- VALCO workers asking for dollar indexed salaries untenable – 4 November 2022
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The Forestry Commission has demobilized equipment being used for illegal mining in the Atewa Forest in the Eastern Region.
The demobilization was carried out at a mining site outside the Forest Reserve which has affected 0.6 hectares of the reserve.
A statement issued by the Commission said no one was found at the site where the illegal mining was taking place.
The Commission said it is working with Operation Halt II to ensure that no illegal mining activity takes place in the Forest Reserve.
It assured that the necessary steps are taken to reclaim portions of the Forest Reserve affected by the illegal activity.
The Commission said it has reported the incident to the Kyebi District Police Station and will work with them and other agencies to smoke out the perpetrators and deal with them.
It assured the public of continuous commitment to work with all stakeholders to protect all Forest Reserves in the country
It will be recalled that eleven persons who were involved in illegal mining in the Atewa Forest were given prison sentences of between five and 15 years.
Koforidua Circuit Court B sentenced them after they were found guilty of engaging in the dig and wash model of illegal mining in the Atewa Forest Reserve, contrary to the
country’s mining laws which bar mining in forest reserves.
The 11 convicts are among 55 persons who were arrested by officials of the Forestry Commission in 16 different operations in the Atewa Forest between January and April 2022.
A document detailing the progress report on the cases revealed that the 44 people were on remand at the time.
Three of the convicts – Alhassan Lariba, Foster Boakye and Kwaku Ampofo, who were arrested at the Pameng portion of the Atewa Forest, were sentenced to 3,000 penalty units, amounting to GH¢36,000 in addition to five years’ imprisonment.
In another case, George Asare and Godwin Ahadzi, who were arrested at the Asiakwa portion of the Atewa Forest, were fined 10,000 penalty units, amounting to GH¢120,000 or they would spend 15 years in prison.
Again, Isaac Kofi and Yaw Boadi, who were arrested in the Obourho portion of the forest, were fined 10,000 penalty units of GH¢120,000 in addition to 15 years’ imprisonment with hard labour.
Three other illegal miners – Bismark Dompreh, Kwasi Samuel and Kwadwo Baah – were handed 15 years sentence and a fine of GH¢1,000 each.
The illegal miners were arrested at various locations in the Atewa Forest, including Sagyimase, Pameng, Asiakwa, Ahwenease, Juaso, Obourho, Potroase and Apenaman,
- VALCO workers asking for dollar indexed salaries untenable – 4 November 2022
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