Justice Jones Dotse, a Supreme Court judge, has observed that the provision of more serious legislative instruments in dealing with small-scale mining is desirable and could be more effective in combating the menace.
“It is important that the impact of judgments’ and ruling from courts on cases of small-scale mining are discussed to identify challenges with the aim of addressing them,” he added.
Speaking on the behalf of Chief Justice Georgina Theodora Wood, Justice Dotse stated that the Mineral and Mining Act, 2006, Act 703 has been in operation for sometime now, regulating the mining sector yet there are some challenges which need to be addressed.
“It would be useful to examine thoroughly the offences and penalty sections of Act 703, with a view of assisting the minerals commission to take appropriate action to address any inadequacies at the appropriate forum” he noted.
He however observed that there is the need to sensitize chiefs about the implication of illegal mining activities as some of them take part in the activities as well as protect recalcitrants.
“The security people’s hand should be strengthened to be able to arrest and deal with such recalcitrance,” he added.
The Minister of Lands and Natural resources, Mike Hammah also observed that ‘it will be irresponsible to condone illegal small-scale mining or ‘galamsey’ in any way. This is because such operations are not sustainable and they pose serious health, environmental and security risks’.
He further explained that the small-scale mining sub-sector contributes significantly to the economy in terms of production, adding that in 2010 small-scale miners produced 23 per cent of the total gold production in the country.
However, irrespective of the contribution from these sub-sectors, there is the need to develop strategies to address the negative environmental impacts.
Therefore, small-scale miners must be assisted to operate in a technically, economically and environmentally sustainable manner.
He stated that notwithstanding the significant economic benefits derived from these large-scale investments, government recognizes that small-scale mining operations undertaken in Ghana offer opportunities to support rural livelihoods, develop entrepreneurship and provide a source of industrial raw materials.
Hence the government is determined to improve it by implementing policies that will enhance the development of a vibrant, efficient, modern and environmentally friendly small-scale mining sub-sector.
“Government is continuously simplifying the procedure involved in granting small-scale mining license to reduce the time and cost of obtaining a license,” he added.
Hon. Hammah also reiterated government’s commitment to continue to work with mining companies and collaborate with small-scale miners, as well as raise awareness about health, safety and environmental risks, stressing that it will periodically revise and disseminate occupational health and safety guidelines for small-scale mining to address the negative impact of their activities.
The Chairman of the Board of Mineral Commission, Fred Ohene Kena, also noted that the activities of illegal miners cause environmental degradation and impact negatively on the health of miners as well as the communities.
“Consequently there is a negative perception of small-scale mining by the populace at large, thus the commission as a matter of policy assist artisanal miners to improve upon their techniques, as well as ensure that they carry out environmental reclamation and rehabilitation of the mined-out areas,” he added
He further stated that by so doing it will send a positive message to the public that artisanal and small-scale mining could be done in an environmentally sustainable manner and contribute positively to the economic development of Ghana.
He noted that although the sector is growing fast it is facing challenges with regards to viable areas for its activities which usually lead to haphazard mining and encroachment on concessions of large-scale mines, amongst others.
He however observed that the government, with the help of development partners, is implementing the Natural Resource and Environmental Governance (NREG) programme to curb some of these negative impacts, adding that the National Security has also set up a National Security sub-committee on lands and natural resource to deal with illegal mining and logging.
Published in Daily Guide 27 June 2011.
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