"You know, we are not in the war field. It should be a dialogue on galamsey but not to fight galamsey. That wording already makes the situation fail". An artisanal mine worker told me in an interview.
The Ghanaian media have been flooded with discussions on galamsey in recent times. The term galamsey simply means gather them to sell. It is a corrupted term born from sub-altern miners using simple tools such as hoe, pickaxe and shovels to dig the land. All forms of digging the land can be referred to as tillage. Tillage refers to disturbing the land through an insertion of a simple farm tool or using complex machine such as ploughs and harrows to till the land.
Gold mining artisans, just like farmers and gardeners also till the land on the surface or via boring holes underground. Unlike farmers, the purpose of the gold artisans or in other words peasant/subsistence miners, do till the land not for growing crops. The peasant miners till the land for the sole purpose of extracting or mining for gold.
Research indicates that while individuals participating in galamsey activities possess an understanding of the associated environmental issues, the significant public interest surrounding this phenomenon stems from a lack of clear definitions regarding what constitutes illegal mining. Consequently, it is essential to re-evaluate the legal framework governing artisanal and small-scale gold mining to enhance clarity regarding its operational parameters.
I argue that the definition of illegal mining should not be confined solely to un-authorized practices in the extractive sector; instead, it ought to encompass mining activities that have the potential to cause lasting environmental damage or ecocide. For example, the existing legal framework permits certain mining activities within protected forest areas, contingent upon the president's assessment of their necessity.
Protected forest zones, such as the Atewa forest, possess a distinctive ecological significance that is crucial for the survival of society as a whole. Consequently, all mining activities conducted within these protected areas ought to be classified as illegal mining, irrespective of the licensing status of the operators involved.
Furthermore, it is advisable for the government to create a comprehensive legal framework to address the issue of galamsey effectively. It is suggested that illegal mining offences receive a level of attention comparable to that afforded to homicide offences. This designation is expected to discourage individuals from engaging in galamsey activities.
AK Mensah (Ph.D.)
