“Ghana’s courts must not whisper where justice must roar.”
Policy Brief
“Let Justice Speak Clearly”
Closing Legal Loopholes in Illegal Mining Prosecutions Involving Foreign Nationals
Executive Summary
Illegal mining (“galamsey”) remains a dire threat to Ghana’s ecological and legal landscape. A rising number of foreign defendants, particularly Chinese nationals, exploit claims of linguistic incapacity during trial—despite evident English fluency in field operations. This tactic compromises justice delivery, prolongs litigation, and deepens perceptions of impunity.
This brief proposes six clear reforms: documenting language proficiency at arrest, creating a certified interpreter registry, enforcing a 14-day limit for legal representation, amending laws to criminalize procedural evasion, formalizing diplomatic protocols, and encouraging public interest litigation.
“Ghana’s rivers speak. Her forests weep. But her courts must roar.”
Background
Illegal mining has destabilized rural economies, destroyed river systems, and emboldened illicit networks. Despite numerous arrests of foreign nationals, accountability is often delayed due to strategic language claims. When suspects who negotiated mining operations in English suddenly claim they cannot understand proceedings, the legal process stalls—inviting public outrage and weakening judicial authority.
“The law must be a shield for the innocent, not a curtain behind which exploitation hides.”
Key Challenges
Obstructive Language Claims: Feigned incapacity disrupts prosecution and clogs court dockets. Interpreter Infrastructure Gaps: Limited access to certified interpreters weakens due process and enables delay. Lack of Legal Deterrents: No explicit legal sanction currently exists for abusing due process through misrepresentation.
Policy Recommendations
1. Language Proficiency Protocol
At arrest, law enforcement should document basic English-language interactions—especially if suspects have used English to operate equipment, supervise labor, or transact business. This should be admissible in court.
2. Certified Interpreter Registry
A national pool of trained, judicially vetted interpreters should be developed, particularly for Mandarin and other high-incidence languages. This promotes efficiency while ensuring rights-based fairness.
3. 14-Day Custodial Rule
Where language incapacity is claimed, suspects may be remanded for no more than 14 days within which legal counsel and an interpreter must be secured. The Legal Aid Commission may intervene if private counsel is not appointed.
4. Legislative Reform
Amendments to the Minerals and Mining Act and Evidence Act should criminalize obstruction of justice through deliberate misrepresentation, including fraudulent incapacity claims.
5. Diplomatic Engagement
The Ministry of Foreign Affairs must formalize protocols with embassies of high-risk countries. These should include prior education on local laws, enforcement oversight, and sanctions for recurrent violations—including possible suspension of mining permits.
6. Civil Society Oversight
Legal advocacy groups should submit amicus briefs or initiate judicial review in cases where language-related evasion undermines national interest. This enhances transparency and moral framing of justice.
“Accountability must not speak only Twi or Ga or Ewe—it must speak truth in every tongue.”
Conclusion
The court must never be a stage for gamesmanship. If a foreign national can excavate soil with Ghanaian workers using English one day, they cannot feign incomprehension when facing the law the next. Justice must be fearless, fair—and linguistically vigilant.
“Justice delayed is justice denied—but justice evaded is national betrayal.”🇬🇭⚖️
Retired Senior Citizen
Teshie-Nungua
[email protected]
