OccupyGhana is calling on the government to declare a State of Emergency in all the illegal mining areas in the country by invoking Article 31 of the Constitution.
In a statement issued in Accra yesterday, the pressure group is also calling on Parliament to take the steps required under the Constitution to support the state of emergency.
This should remain in place until we have established a safe regime for further mining. The following is the full statement;
From 2016, OccupyGhana® has, in a series of press releases and, more recently, weekly open letters addressed to the President of Ghana, persistently demanded immediate and decisive government action to halt Galamsey, the illegal and irresponsible gold mining.
We have highlighted the devastating consequences of this activity on Ghana’s environment, public health and food security, and have urged the President to fulfill his 2017 promise of ending the menace.
In 2017, we were vocal in our support of the actions Government took to stop this scourge. In 2021, we were also vocal in our criticism when Government adopted the illegal burning of equipment instead of arresting the perpetrators, seizing the equipment and then allowing the courts to deal with both of them, as set down by the law.
Strangely, sadly and disappointingly, Government’s legal efforts against Galamsey have petered out, replaced first by infighting and accusations over who in Government has been benefitting from Galamsey, and now, complete inaction.
While bemoaning the worse state that we find ourselves, compared with when we began the campaign for Government action, we are glad that several Ghanaians from all walks of life have joined the demand to stop the canker and regulate the industry.
We reiterate our 5 core demands:
1. Enforce the Law! On paper, Ghana’s current Minerals and Mining Act is workable and contains sensible provisions to regulate the entire sector. Government must simply enforce it, namely (1) no mining without a government-issued mining lease or small-scale mining licence, (2) no mining outside the concession granted, (3) no mining by unapproved methods, and (4) imposition of severe sanctions for any breaches. These are enforceable.
2. Declare a State of Emergency in all Affected Areas! We urge the government to invoke article 31 of the Constitution to declare a state of emergency in all areas affected by Galamsey. This will put an immediate stop to all illegal mining and its unprecedented scale, which threatens the very essentials of life for communities. Parliament must also be willing to take the steps required under the Constitution to support the state of emergency. This should remain in place until we have established a safe regime for further mining.
3. Confiscate all Galamsey Lands! We propose an amendment to the law to criminalise landowners making lands available for Galamsey. Unless a landowner can prove that their land was forcibly taken over (by having made a contemporaneous report to the police) they should be taken to have abetted the offence by facilitating it.
These lands should, therefore, be confiscated as ‘tainted property’ and then repurposed for public benefit, including reforestation, farming or even regulated mining.
4. Take Immediate Action Against Galamsey Offenders! We call for urgent legal action against persons and companies accused of illegal mining, especially in protected areas. Government inaction, especially concerning politically connected entities, has fostered impunity and undermined public trust. This must be addressed forthwith.
5. Address The Health Crisis! When we began this fight, we pointed to the severe health impact of mercury poisoning due to Galamsey, contaminating water bodies and agricultural lands. Then, we faced a potential national health disaster if mercury exposure continued unchecked, with widespread effect beyond mining communities. Today, the thing we feared greatly has come upon us.
A direct consequence of Galamsey is the recently reported shortages in water supply to the Cape Coast and Elmina areas, with the Ghana Water Company warning of impending shortages in other communities.
The Paediatric Society of Ghana has spoken about congenital deformities in babies born in affected areas. These underscore the dire consequences of inaction, including ecological destruction, critical food insecurity, shortage of drinking water, mercury poisoning and exacerbated climate change.
In conclusion, Ghana cannot become the modern day manifestation of the metaphorical myth that ‘Nero fiddled while Rome burned.’
That is why we once again call on the President to lead the charge against Galamsey, invoking his 2017 promise to end the practice. Failure to act would be a betrayal of the trust placed in him by the Ghanaian people.
