The success of Agenda 2063, Africa’s long-term strategic framework for inclusive and sustainable development, hinges on effective legal implementation. From environmental protection and natural resource management to anti-corruption measures and trade regulations, the law serves as the foundation upon which the aspirations outlined in the agenda can be achieved. While many African nations have enacted legislation aligned with the aspirations of Agenda 2063, their persistent failure in enforcing these laws has impeded sustainable development, eroded public trust, and hindered much-needed investment. Nowhere is this challenge more evident than galamsey in Ghana, an illegal mining phenomenon that has ravaged the environment, undermined governance, threatened the country’s long-term economic stability, and inadvertently threatened the success of the realization of Agenda 2063. Galamsey has undoubtedly devastated the progress and prosperity of the Ghanaian nation. Yet, amidst this devastation there lies an opportunity to view this phenomenon positively; as offering a corrective lens through which Ghana – and other African nations – can remedy an existing and prevalent myopia around the critical role of legal implementation in the success of Agenda 2063.
Preamble: Galamsey and The Legal Landscape
Local Legislation
On the subject of galamsey, two key pieces of local legislation stand out: The Forests Act of 1927, and The Minerals and Mining Act of 2006.
Section 2(d) of the Forests Act, 1927 states that the President of Ghana can constitute as forest reserves,
“lands in respect of which the President is, on the advice of the Forestry Commission, satisfied that the forests on those lands ought in the public interest to be protected from injury or destruction, or from further injury or destruction or that forest growth should be established on those lands in order to
(i) safeguard the water supply of the district, or
(ii) assist the well-being of the forest and agricultural crops grown on those lands or in the vicinity of those lands, or
(iii) secure the supply of forest produce to the inhabitants of villages situated on those lands or in the vicinity of those lands.”
Section 4 of the Minerals and Mining Act of 2006 states that the President, via executive order has the authority to restrict or reserve land from
“(a) becoming the subject of an application for a mineral right for a mineral, or
(b) becoming the subject of an application for a mineral right in respect of specified minerals or of all minerals except specified minerals.”
The outlined Sections from the aforementioned statutes establish two things:
- The President of Ghana has the authority to safeguard lands that are core to Ghana’s water supply.
- The Ghanaian President has the authority to restrict land from becoming the subject of a mineral right.
In each case, the establishment tells the story of a brand of legislative draughting dependent on the concept of a benevolent ruler. This will become even more evident when we explore the loopholes that have contributed to the Galamsey phenomenon. But first, we explore Ghana’s obligations in the international space.
Ghana’s Obligations in The International Space
As a signatory to various regional and international agreements, Ghana has committed to the protection of its natural resources and the promotion of sustainable development. Notable among these are the Convention on Biological Diversity (CBD) – Aichi Biodiversity Targets, the Abidjan Convention, and the Sustainable Development Goals (SDGs).
Under the CBD, Ghana is particularly committed to the Aichi Biodiversity Targets, which focus on halting deforestation and restoring degraded forests. Target 5, for instance, aims to significantly reduce the global loss of forests by 2020, while Target 15 emphasizes restoring ecosystems and enhancing biodiversity resilience. In alignment with these goals, Ghana is expected to implement measures to safeguard key forest areas and promote reforestation efforts, prioritizing the conservation of its rich biodiversity.
The Abidjan Convention, to which Ghana is also a signatory, seeks to protect marine and coastal environments, including estuaries and rivers that flow into the sea. As part of its obligations, Ghana is required to mitigate pollution, manage fisheries sustainably, and protect coastal wetlands and waterways from degradation.
Additionally, through its commitment to the SDGs, Ghana has also pledged to protect and restore water-related ecosystems, including rivers, lakes, and wetlands, as outlined in SDG 6. This goal promotes sustainable water management, the reduction of pollution, and efforts to address water scarcity. SDG 15, which emphasizes the conservation of terrestrial ecosystems, including forests and inland water bodies, complements this by addressing issues such as contamination of waterways caused by agricultural runoff, illegal mining (galamsey), and industrial pollutants.
Mining Loopholes—A Legal Gap in Enforcement
Galamsey as a deterrent to Ghanaian progress and prosperity is not nascent. However, the most recent uprising by the masses was a consequence of the government’s deliberate exploitation of legal loopholes; loopholes that exist because legislation does not outright prohibit mining in forest reserves. This failure, combined with the expansive powers granted to the President, paved the way for Legislative Instrument (LI) 2462—an instrument that has proven disastrous for Ghana’s forest reserves.
Introduced by the Ghanaian government in November 2022, Legislative Instrument LI2462 permits mining activities in forest reserves, including areas classified as biodiversity hotspots. Activists argue that this instrument contradicts both The Forests Act of 1927 and The Minerals and Mining Act of 2006, and therefore should be deemed illegal. But does it truly violate these statutes?
As I combed through the relevant statutes seeking sections, subsections, or even clauses, I encountered a troubling truth – no explicit provision directly invalidates LI 2462. The closest reference is Section 29(1)(f) of the Forests Act, which classifies it as an offense to “collect, convey, or remove forest produce” without the “written consent of the competent forest authority.” However, this provision does not explicitly prohibit mining; instead, it merely emphasizes the need for authorization—authorization that the President can freely provide.
Activists have also argued that the reserved status of forests should inherently restrict or prohibit mining. While the argument is reasonable, it finds no support in the current legal framework. Section 38(1)(e) of the 1927 Forests Act explicitly grants the President sweeping powers to regulate leases or permits for the extraction of forest produce, including mining. This authority is intended for the “further, better, or more convenient effectuation” of the Act. This vague and undefined standard effectively provides the government carte blanche to permit environmentally destructive activities. In fact, the justification offered by the government for the introduction of LI 2462 is that, in accordance with Section 38(1)(e) of the 1927 Forests Act, they sought to regulate ongoing mining in forest reserves, thus lending to “further, better, or more convenient effectuation” of the Act.
In reviewing the relevant legal frameworks, it emerged clearly that the primary responsibility for the galamsey crisis lies with the overly permissive drafting of the legislation governing small-scale mining and forest reserves in Ghana. The expansive powers granted to the President and Ministers provide little incentive for positive action and lack effective deterrents against harmful decisions.
Key Matters for Consideration
- The effectiveness of legal implementation is determined well before any attempts toward enforcement are made. It is determined from the moment legislation is drafted. Without incorporating the necessary checks and balances during the drafting process, the likelihood of successful implementation is greatly diminished.
Section II: Galamsey vs. Aspiration 1
Aspiration 1 of Agenda 2063 focuses on ending poverty, ensuring sustainable development, and inclusive economic growth, with equitable access to resources and opportunities for all Africans. Ghana’s failure to enforce regulations outlined in the existing statutes has resulted in severe damage to its natural resources.
Galamsey = Water Poverty & Water Insecurity
Because of galamsey, several of Ghana’s key rivers, including the Pra, Offin, and Ankobra, have been heavily contaminated, surpassing the safe treatment threshold and prompting cautions from the Ghana Water Company about the possibility of water importation – by 2030 – if the situation is not addressed. In so doing, galamsey has increased poverty by depriving huge sections of the population of access to safe drinking water and has not ensured sustainable development by negligently using the nation’s water sources.
Galamsey’s Destabilizing Effect on Legitimate Businesses
The prevalence of illegal mining operations under galamsey has posed significant challenges for legitimate businesses in the mining sector. Small-scale illegal mines now account for 40% of Ghana’s total gold production, and almost 70-80% of all small-scale mining operations are unlicensed (MINING.COM; Ghanamma). Legal businesses are thus compelled to compete with illegal miners who disregard environmental and legal standards, reducing overall sector productivity. Moreover, the ecological damage caused by unregulated mining has diminished the viability of legal operations and discouraged investment in sustainable mining practices. The unpredictability caused by galamsey has created an environment where the rule of law is weak, making long-term investments, whether from local or multinational companies, exceedingly risky.
Economic Impact Beyond the Mining Sector
Galamsey’s effects extend beyond the mining sector, severely impacting agriculture and infrastructure. Illegal mining has destroyed vast hectares of cocoa farms, causing Ghana’s cocoa output to drop to less than 55% of its seasonal target, leading to job losses and damaging one of the country’s major exports. This not only disrupts local communities but also reduces export revenues, straining the national economy.
Beyond environmental and economic damage, galamsey poses a significant threat to human capital development—an essential pillar of Agenda 2063’s vision for a prosperous Africa. In regions affected by illegal mining, school attendance has plummeted as children are drawn into dangerous mining activities, robbing them of education and undermining the development of a skilled workforce. This directly conflicts with Agenda 2063’s goal of fostering a knowledge-based economy and perpetuates a cycle of poverty, limiting future employment opportunities and deepening dependence on illegal activities.
The destruction of ecosystems and livelihoods forces families to prioritize immediate survival over education, worsening social inequality. Without stronger enforcement mechanisms to protect children’s rights and ensure access to education, large segments of Ghana’s population risk remaining undereducated and economically marginalized, stifling the nation’s growth potential.
Additionally, illegal mining poses severe health risks. Toxic chemicals, such as mercury, contaminate water supplies and food sources, disproportionately affecting vulnerable populations, including children and pregnant women. This leads to high rates of illness and premature mortality, while burdening local health services and diverting resources from broader public health initiatives, further undermining efforts to improve life expectancy—a key objective of Agenda 2063.
Galamsey’s Potential Threat to Diaspora Investment
Agenda 2063 highlights the crucial role of the African diaspora in Africa’s socio-economic development through investments, skills transfer, and remittances. However, galamsey threatens to deter large-scale diaspora investments and shift remittances from fostering growth to addressing its negative impacts, creating a counterproductive cycle.
Historically, remittances have been a vital source of development financing in Ghana, boosting household incomes and infrastructure. In 2023, diaspora remittances totaled $4.8 billion, providing essential support to many communities. Yet, the environmental and economic damages of galamsey could redirect these funds away from growth-oriented projects to managing the fallout of illegal mining, diminishing their positive impact on sustainable development.
For example, families who would have invested remittances in farming or small businesses may now be forced to spend them on basic needs, like clean water, due to the contamination of local water sources by mining. With 65% of water bodies polluted by mercury and other toxins, access to safe drinking water has become a critical challenge, especially in rural areas. This diversion of remittances from development to survival limits their potential to drive long-term economic growth.
Similarly, in communities where cocoa farms have been destroyed by illegal miners, remittances are increasingly used to replace lost income rather than fund new agricultural ventures. With farms wiped out and food security disrupted, these funds are bridging short-term economic gaps instead of supporting progressive projects like infrastructure or business expansion.
This regressive use of remittances undermines their role as a driver of sustainable growth. As remittances increasingly address short-term needs, diaspora investors may hesitate to commit larger sums, fearing their investments will be consumed by galamsey’s impact. This diminishes opportunities for diaspora-driven initiatives that could drive economic transformation in areas like renewable energy, agricultural innovation, and infrastructure.
Ultimately, this shift could deepen dependence on external financial inflows to solve internal problems stemming from poor governance, undermining Agenda 2063’s long-term goals. To preserve remittances as a tool for development, the Ghanaian government must take decisive action to combat galamsey, ensuring a safer environment for diaspora investments. Without intervention, remittance usage will become increasingly retrogressive, perpetuating dependency and deterring the long-term investments essential for achieving the ambitions of Agenda 2063.
The Judgement
The unchecked expansion of galamsey has devastated legitimate sectors, especially agriculture, leading to job losses, food insecurity, and the collapse of rural economies. The destruction of cocoa farms has pushed many into illegal mining, eroding long-term productivity. Additionally, weak enforcement of regulations has deterred foreign investment in sustainable industries like renewable energy.
Galamsey’s environmental damage has created a looming crisis of water poverty, while human capital suffers as children are drawn into mining, undermining education and perpetuating poverty. Remittances, which could drive growth, are increasingly diverted to manage galamsey’s fallout, deterring further diaspora investment.
The Key Principles/Lessons
- Ineffective Legal Implementation Lends Generously to Poverty: Weak enforcement of mining and environmental regulations destabilizes agriculture, pushing communities into illegal activities and hindering equitable resource distribution.
- Essential Role of Legal Enforcement: Proper enforcement is crucial for attracting investment in sustainable sectors, such as agriculture and renewable energy, aligned with Agenda 2063 goals.
- Governance Impacts Investment: Unchecked galamsey deters foreign direct investment (FDI) and shifts diaspora remittances from development projects to immediate survival needs.
- Environmental and Social Consequences: Neglected environmental laws lead to water contamination and ecosystem degradation, exacerbating water poverty and food insecurity.
- Protecting Human Capital is Vital: Legal protections for children’s rights and education are essential for developing a skilled workforce and ensuring long-term economic growth.
Section III: Galamsey vs. Aspiration 3
Galamsey is no longer just an environmental or economic concern; it has ballooned into a human rights crisis, in direct opposition to Agenda 2063’s Aspiration 3: An Africa of Good Governance, Democracy, Respect for Human Rights, Justice, and the Rule of Law. In line with this aspiration, African nations should strive to build accountable, transparent governance systems where the rule of law and human rights are upheld, promoting peace, stability, and justice across the continent. However, the Ghanaian government’s inadequate response to its citizens’ concerns about galamsey vehemently opposes this vision.
Galamsey Trumping Human Rights
Ghanaians who have peacefully protested against illegal mining activities, including local communities and environmental activists, are increasingly facing unfair imprisonment and harsh treatment by the authorities. Many of these individuals, while exercising their constitutional rights to free speech and protest, have encountered excessive force, arbitrary arrests, and prolonged detentions without trial. The criminalization of legitimate protests stifles civic engagement, protecting those who benefit from illegal mining and discouraging broader civic participation. This suppression of voices has only fueled public outrage and led to more frequent protests demanding government action.
Galamsey Trumping the Rule of Law
This disregard for human rights highlights significant governance challenges in Ghana. Despite government initiatives like Operation Vanguard and Operation Halt, sustainable solutions to the galamsey crisis remain elusive, in part due to the involvement of high-ranking political figures in the illegal mining trade. Declarations of a zero-tolerance stance against galamsey have faltered in the face of reality, as key politicians and their financiers continue to be implicated in illegal operations with minimal consequences for their actions. Notably, Akonta Mining, owned by a ruling party figure, has been accused of mining without proper permits but has yet to face prosecution (ISS Africa).
The Judgement
Ultimately, galamsey reflects broader governance failures. The inability to enforce statutes by the spirit in which they were written, coupled with ongoing human rights violations, reveals a significant gap between the government’s stated commitment to Agenda 2063 and the reality on the ground. For Ghana to progress toward fulfilling this agenda, it must prioritize enforcing environmental and mining laws while protecting its citizens’ constitutional rights. Failure to address both will continue to erode public trust, damage Ghana’s international standing, and hinder its progress toward achieving Agenda 2063’s goals.
The Key Principles/Lessons
- Human Rights Erosion: The suppression of peaceful protests against galamsey violates citizens’ rights and weakens democratic governance.
- Rule of Law Undermined: Inconsistent legal enforcement, particularly due to political interference, fosters impunity and undermines public trust.
- Governance Accountability: Effective governance requires transparent, consistent law enforcement aligned with the spirit of the law to restore public confidence.
Section IV: Galamsey vs. Aspiration 7
Aspiration 7 of Agenda 2063 envisions Africa as a strong, united, and influential global player, aspiring for the continent to play a pivotal role in global governance, trade, diplomacy, and sustainable development. This aspiration emphasizes Africa’s active participation in world affairs and its capacity to influence global outcomes.
In the Preamble, where we examined galamsey and the law, several conventions to which Ghana is a signatory emerged as crucial. Among these, the Abidjan Convention and the Sustainable Development Goals (SDGs) stand out as vital frameworks guiding Ghana’s environmental commitments.
As noted in Section II, Ghana’s key water sources, such as the Pra and Ankobra rivers, have been significantly polluted due to galamsey activities. Both rivers flow into the Gulf of Guinea, directly contravening Ghana’s obligations under the Abidjan Convention. The Pra River, located in southern Ghana, empties into the Gulf at Shama, while the Ankobra River discharges near the town of Axim, also in the south.
This juxtaposition of Ghana’s environmental commitments and the alarming state of its water sources reveals a troubling failure to uphold international obligations. The inability to enforce environmental laws and honor these commitments not only affects Ghana but has broader implications for Africa’s global partnerships.
As African nations strive to attract investment and cultivate international cooperation, the perception of weak environmental governance can deter potential partners. Investors increasingly prioritize sustainability and corporate responsibility, and countries with a history of environmental neglect may find it challenging to secure foreign investment.
Additionally, the international community often conditions aid and support on a country’s environmental performance. For instance, financial assistance for climate adaptation and mitigation projects may hinge on a nation’s commitment to enforcing environmental laws. Thus, failing to implement international agreements can jeopardize access to critical funding and technical support, hindering progress towards sustainable development.
Moreover, non-compliance with international commitments can exacerbate tensions between African nations and global stakeholders. Environmental issues such as deforestation, wildlife trafficking, and pollution are transboundary in nature, necessitating collaborative efforts for effective resolution. When countries fail to uphold their commitments, it strains diplomatic relations and impedes progress in multilateral negotiations.
The Judgement
Galamsey not only undermines Ghana’s environmental integrity but also highlights a significant breach of international obligations, notably those established under the Abidjan Convention and the Sustainable Development Goals. The pollution of the Pra and Ankobra rivers exemplifies the consequences of ineffective legal enforcement and environmental governance. This failure compromises Ghana’s credibility on the global stage, weakening its position in international negotiations and diminishing its attractiveness to foreign investors. To align with the aspirations of Agenda 2063 and to foster meaningful global partnerships, Ghana must prioritize the implementation of environmental laws and honor its international commitments. Only through decisive action can the nation rebuild trust, enhance its global standing, and secure the necessary support for sustainable development.
Section V: The Enforcement Mechanism—Strengthening Legal Tools for Agenda 2063
As evidenced by the case of galamsey in Ghana, achieving the ambitious targets of Agenda 2063 necessitates a multi-faceted approach that prioritizes strengthening legal frameworks and ensuring their effective implementation. Addressing the challenges posed by inadequate legal systems, promoting sustainable development, and engaging the diaspora necessitates comprehensive policy recommendations and strategies. This section outlines actionable steps, including international partnerships, judicial reforms, and capacity-building initiatives for law enforcement agencies.
1. Strengthening International Collaborations
International collaborations are crucial for enhancing legal implementation across Africa. Key strategies include:
- Partnerships with International Organizations: African nations should engage actively with organizations like the United Nations Development Programme (UNDP) and the World Bank to access technical assistance, funding, and training resources. These partnerships can help develop legal frameworks that align with international standards.
- Regional Cooperation: Countries within regional bodies such as the African Union (AU) and the Economic Community of West African States (ECOWAS) should strengthen collaborations to address transnational legal issues, including corruption, human trafficking, and environmental degradation. Joint initiatives can foster a unified approach to legal reform and implementation across borders.
- Diaspora Engagement: Governments should create platforms for engaging the diaspora in legal reform efforts. By leveraging the skills, knowledge, and financial resources of diaspora members, countries can enhance their legal systems and encourage investment. Programs that facilitate dialogue between diaspora experts and local policymakers can yield tailored solutions to specific legal challenges.
2. Judicial Reforms
Judicial reform is essential for establishing an efficient, transparent, and accessible legal system. Key components include:
- Increasing Judicial Independence: Ensuring judicial independence is fundamental for maintaining public trust. Measures must protect judges from political interference, including establishing independent commissions to oversee appointments and promotions.
- Expanding Access to Justice: Prioritizing access to justice enables all citizens to navigate the legal system effectively. This can be achieved through legal aid clinics, mobile courts, and online dispute resolution platforms. Awareness campaigns can educate citizens about their legal rights.
- Streamlining Judicial Processes: Governments should implement case management systems and alternative dispute resolution mechanisms to expedite legal proceedings and reduce backlogs.
3. Capacity-Building Programs for Law Enforcement Agencies
Enhancing the capacity of law enforcement agencies is crucial for effective law implementation and the promotion of good governance. Strategies include:
- Training and Professional Development: Continuous training programs should focus on human rights, anti-corruption measures, and community policing.
- Implementing Accountability Mechanisms: Establishing clear accountability mechanisms within law enforcement agencies promotes transparency. Governments should create independent oversight bodies to investigate complaints against personnel.
- Community Engagement: Building trust between law enforcement and local communities enhances cooperation and reduces crime rates. Involving community members in policing initiatives fosters collaboration.
4. Strengthening Regulatory Frameworks
In addition to judicial reforms, it is essential to enhance regulatory frameworks governing various sectors, particularly investment and environmental protection. Key recommendations include:
- Enhancing Regulatory Oversight: Establish independent regulatory bodies to oversee key sectors, ensuring compliance with laws and regulations.
- Implementing Environmental Regulations: Strong environmental laws must be enforced to protect natural resources and promote sustainable development.
- Encouraging Public Participation: Engaging civil society in regulatory processes is vital for ensuring laws reflect the population’s needs and priorities.
5. Monitoring and Evaluation Mechanisms
Finally, establishing robust monitoring and evaluation mechanisms is critical for assessing the effectiveness of legal reforms and implementation efforts. Governments should implement the following strategies:
- Data Collection and Analysis: Regular data collection on legal outcomes, access to justice, and public perceptions of the legal system is essential for identifying areas for improvement.
- Independent Audits: Conduct independent audits of legal institutions and enforcement agencies to gain insights into performance and accountability.
- Feedback Mechanisms: Establish feedback systems that allow citizens to voice concerns and experiences with the legal system, enhancing accountability.
Final Provisions: Toward a Legally Grounded Future
Galamsey in Ghana serves as a poignant case study that punctuates the critical importance of effective legal implementation in achieving the goals of Agenda 2063. Rampant illegal mining under galamsey has not only devastated the environment but has also highlighted significant failures in governance, enforcement, and accountability. This case reflects broader challenges faced by many African countries in leveraging their legal frameworks to attain sustainable development goals and inadvertently, the aims of Agenda 2063.
Several important lessons emerge from Galamsey in Ghana:
- Urgent Need for Comprehensive Legal Frameworks: Governments must establish and enforce robust legal frameworks that protect natural resources and uphold property rights. The African Development Bank highlights that effective legal systems can significantly boost foreign direct investment (FDI), fostering economic growth. Countries like Botswana and Rwanda exemplify how strong governance and anti-corruption measures can enhance investor confidence and lead to sustained development.
- Importance of Effective Enforcement Mechanisms: The inadequacy of law enforcement in addressing illegal mining has resulted in widespread environmental degradation and a loss of public trust. Investing in the capacity of regulatory agencies and law enforcement, coupled with community engagement, is essential for promoting compliance and accountability.
- Impact on Diaspora Perceptions: Galamsey has illustrated how weak legal enforcement can affect diaspora communities. Remittances, often vital for economic development, may be redirected to address immediate needs arising from environmental degradation, diverting resources from productive investments. Engaging the diaspora in legal reforms and sustainable practices can bridge this gap and enhance investment potential.
- Necessity for Collaboration: The crisis emphasizes the need for collaboration among African nations. By sharing best practices and resources, countries can build stronger legal frameworks capable of tackling transnational challenges like illegal mining and environmental degradation. Regional cooperation through organizations such as the African Union (AU) can enhance legal reform and implementation across borders.
In summary, the lessons from galamsey extend beyond Ghana and even beyond environmental concerns, offering valuable insights for African countries striving to achieve the aspirations of Agenda 2063. Galamsey illustrates that the aspirations outlined in Agenda 2063 cannot be attained without robust legal frameworks. Thus, by prioritizing legal stability, enhancing enforcement mechanisms, and fostering collaboration among local and diasporic stakeholders, nations can make meaningful progress toward realizing the agenda. Most importantly, legal reforms that prioritize human development are integral to unlocking the full potential of Agenda 2063 These matters considered, the path forward must involve a collective commitment to legal implementation that not only protects natural resources but also empowers Africa’s citizens, creating a prosperous, sustainable, and integrated continent for future generations.
