Regulatory Capture Fuels Ghana's Environmental Crisis
Weak regulation is a major contributor to the numerous issues associated with surface mining in Ghana, according to Wacam, Centre for Public Interest Law (CEPIL), and Centre for Environmental Impact Analysis (CEIA).
In a joint statement released on October 17, 2024, these three civil society organisations (CSOs) highlighted that this weakness has led to what they described as "regulatory capture," which in turn fuels irresponsible mining practices.
In light of the current challenges, the organisations proposed a non-partisan approach to address the critical concerns in Ghana's mining sector.
This unified strategy aims to bring together all stakeholders to tackle environmental degradation, social displacement, and other pressing issues. The non-partisan strategy comprises:
The statement pointed out that the absence of political will to tackle Ghana's mining challenges was exacerbated by connections between miners and political parties, adding that authorities typically adopt a superficial approach, shying away from tough decisions to address the root causes of surface mining.
According to the statement, this reluctance stems from the influential ties between galamsey (illegal mining) beneficiaries and political power brokers.
On mining in forest reserves, it said “it is an ‘insult to the dignity of our nation for anybody who would allow local or foreign company to mine in forest reserves.”
For over two decades, these organisations have worked tirelessly to promote and protect the rights of communities and the environment affected by mining and resource extraction activities.
The statement went on to add that the groups have addressed critical issues including brutalization and human rights abuses, environmental degradation, economic displacement, and weak regulations.
They recounted that Ghana has recorded 19 official cyanide spillages between 1989 and 2003, with numerous unofficial incidents.
“Compensation problems arise when mining companies pay paltry sums to poor farmers, who lack the negotiating power to secure fair and adequate compensation. This has led to economic and physical displacement of host communities, resulting in worsening poverty among the affected populations. So, the previously hardworking farmers who lost their farms and livelihoods to multinational mining operations were compelled to become miners who had been introduced to the use of cyanide and other dangerous for the extraction of gold. That was how indigenous people who were farmers were transformed to become Miners in different forms like Galamseyers and Small-Scale Miners in the present mining boom,” the statement indicated.
Wacam, CEPIL, and CEIA noted that the Minerals and Mining Act, 2006 (Act 703) fails to effectively regulate mining, allowing companies to operate with impunity and perpetuate environmental harm, including cyanide spillages.
“For example, Section 17 of the Minerals and Mining Act (Water Right) states as follows:
‘Subject to obtaining the requisite approvals of licences under the Water Resources Commission Act 1996(Act 552), a holder of a mineral right may, for purposes of or ancillary to the mineral operations, obtain, divert, impound, convey and use water from a river, stream, underground reservoir or watercourse within the land the subject of the mineral right.’”