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Galamsey fight: UGSOL students urge declaration of state of emergency

by Ama Nyameye
July 25, 2024
Associate Professor at the UG School of Law, Prof. Kwadwo Appiagyei-Atua on Galamsey Fight

Associate Professor at the UG School of Law, Prof. Kwadwo Appiagyei-Atua

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The 2025 International Human Rights Law class students at the University of Ghana Law School called for a declaration of a state of emergency in galamsey communities over what it regards as a failing fight against the menace.

Representatives from the class took turns to address a press conference on Wednesday, July 24, on the theme “The Effects of Galamsey on Human Rights in Ghana.

The class bemoaned that galamsey and its ravaging effects on the environment and livelihoods persist despite the several laws that have been enacted to fight it.

They argued that there was a dearth of checks and balances in existing mining laws, granting excessive powers to the government representative, particularly the Minister for Lands and Natural Resources. This they believe does not allow for closer supervision and monitoring of the activities of small-scale miners, some of which are galamsayer operators.

“It seems there are a lot of issues with the framework as it stands now that need to be resolved. First in terms of the authenticity of the sources of funds and miners, the role of the DCE in revocation and renewal, the role of the police and civil society organisations, the diffusing of the powers of the Minister as well as the grant of more administrative powers of the District Offices,” the class said.

Corruption among government officials and traditional leaders alike was also identified as an important contributory factor to the persistence of galamsey, reducing their willpower and commitment in curbing the practice.

“Increased involvement of government officials has undermined the fight against illegal mining…Many of those spearheading the anti-galamsey campaign have vested interests in small mining, making it difficult to achieve the intended objectives.”

The IHRL class further asserted that galamsey poses significant threats to the human rights of people living in farming communities, including loss of jobs, pollution of water bodies, and adverse health conditions.

Describing the practice as ‘constituting an existence threat’, the students called on authorities to declare a state of emergency per Article 31(9) of the Constitution while requesting “serious dedicated and workable measures” to be adopted to eradicate the problem.

At the same programme, journalist and anti-galamsey crusader, Erastus Asare Donkor, attributed the failure of the successive interventions against galamsey to the involvement of state actors, political interference, weak regulatory institutions, and corruption.

He accused the ruling administration of reviewing the mining laws in a manner that makes curbing galamsey difficult.

He stated that the current reviewed LI on mining gives the President the privilege to grant forest reserves and biodiversity areas for mining activities.

“The politicians, those who are supposed to fight illegal mining, are reviewing our laws so they can still give out the remaining forest reserves for mining.”

“With the enactment of the LI 2462, when you read these portions, it gives a limit as to which areas you cannot mine; reserves that are off limit. But with the review of the new LI, it said that despite all these regulations, the President may, subject to Article 26(8) of the Constitution, give approval in writing to a mining company to undertake mining activities in a globally significant biodiversity area in the national interest,” he said.

“Who determines the national interest?” he asked.

According to him, so far, 7 of such areas have been given out for mining following this review.

Erastus commended the UG SOL IHRL class for their initiative to join the campaign against illegal mining while encouraging them to stay the course.

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