Let me start by saying that the Chinese Ambassador to Ghana is 100 percent right that Small Scale Mining alias Galamasey, an Economic an informal activity for livelihood and social or cultural activity has come to stay, so Galamasey cannot be eliminated. This was based on my research or security investigation works on mining when as an interim member of Western Regional Security Council under the Chairmanship of the late Lady Lily Nkansa in the era of NDC 2 or the Second Regime of President Rawlings. As well as under the Chairmanship of Hon Mr Joseph Boahim Aidoo during NPP 1 or first regime of President Kofour and when as a Security Superintendent of Bogoso Gold Mine.
So I made a submission on paper to the Western Regional Security for the deployment of the Military and Police in the location of Large Scale Mining Companies for OPERATION CALM LIFE/pseudo OPERATION HALT/OPERATION DRAGNET as well , for the Mining Companies under the auspices of the Ghana Chamber of Mines to see it as cost effective.
So, as a former Battle Commander in both the Military and Mining Sector and as a Student of Risk Management, after a careful study of a lot of Research works or literature by the World Bank Group on Artisanal Small Scale Mining, I caused Bogoso Gold Mine in 2004 to get Dr Joyce Aryee, then CEO of the Ghana Chamber of Mines to see to the establishment of the Security Committee of the Ghana Chamber of Mines to deal with the common enemy of Small Scale Mining alia Galamasey.. This was duly done in 2004, so I caused Bogoso to host the maiden meeting in 2004 and the subsequent or second meeting in 2005 at her cost. So let me use this chance to once again say thanks to Dr Joyce Aryee for buying the Bogobiri’s baby philosophy or idea.
So, for the past 10 years, I have been educating my fellow Ghanaians that in Economics, Social Science and in the Study of both philosophy and Logic (a branch or an aspect of Mathematics, with the universal set theory) Galamasey in a local parlance for Artisanal Small Scale Mining in English, is the same as the Universal Set theory termed as Small Scale Mining in English. Otherwise, Galamasey is a subset of Small Scale Mining which is globally acknowledged as a poverty driven economic and social phenomenon or a global informal activity.
So my fellow Ghanaians must note that in the fight against mining in rivers and restricted Forest Reserves, grave yards etc, the enemy is Small Scale Mining in English alias Galamasey in local parlance, it existed before the establishment the African Area now called Ghana and before the establishment of Gold Coast and it was banned in 1906, during the era of the Colonial Administration. The ban was further reinforced with the Mercury Act of 1932.
So, History tells that Small Scale Mining remained banned when Gold Coast became Ghana but regardless of the ban on Small Scale Mining, it persisted as an indigenous or traditional artisanal mining activity termed as Galamasey in local parlance as gather and sell of minerals. It was legalized in 1986 by the PNDC into Small Scale Mining in English, as part of win-win solution or policy by the PNDC with an initial legalization of Small Scale Mining at Section 77 of the Minerals and Mining Law 1986 (PNDC Law 153). Please Google for this law.
The PNDC law 153 of 1986 gave a very clear definition or interpretation of Small Scale Mining as mining by a method which does not include the use of sophisticated equipment or technology, without the use of substantial expenditure to be operated by only citizens of Ghana and to be permissible if it is in the interest of the affected Community. Citizen of Ghana is interpreted at Section 84 of the PNDC Law153 of 1986 as excursively for Citizens of Ghana. So a person with critical thinking mindset will tell that PNDC Law153 in form is in agreement with the nature or substance of Galamasey, hence it was Galamasey Law. Since no conflict in substance and Form as far as the PNDC Law153 or legal text is concerned. Hence, consistency in the original, textual and purposely interpretation of the PNDC Law153.
So, the Chinese Ambassador to Ghana is 100 percent right with the information that Galamasey and Indigenous or Traditional Small Scale Mining or Subsistence Mining for Livelihood has come to stay, it must be managed as a risk. The Ghana Chamber of Mines, as part of the Global or International Chamber of Mines is aware of this and normally assist Member Large Scale Mining Companies to find a common ground for consistence with Small Scale Miners.
So Spokespersons of the Ghana Chamber of Mines must be educated as such and tone down the rhetoric and with sober reflection help the Nation to come out with solutions including a third nomenclature as Medium Scale Mining. Medium Scale Mining is championed by Dr Tony Aubyn and this writer for Citizens of Ghana who want to generate or accumulate wealth or as part of the Government’s effort in helping Ghanaians to gain commanding heights in Mining, to feel free to collaborate with foreigners especially the Chinese in our Midst.
Dr Tony Aubynn, Dr Abigail Hilson and this writer, want Ghana to understand the reality on the ground and relegate Small Scale Mining as rural Community Small Scale Mining Scheme for interested Communities as in the PNDC law for Small Scale Mining, whilst working hard to navigate operators to viable Alternative Livelihood Projects. Otherwise use the Live and Let us Policy of Abosso Goldfield, Damang, which was initiated by an erudite Mining Scholar namely Dr Tony Aubynn, when he was a staff of Goldfields. This was borrowed by this writer, a student of risk management, when as the Security Superintendent of Bogoso Gold Mine. This idea of common ground for coexistence, was adopted or borrwed by Tanzania by the Late dynamic President John Magefuli by getting Barrack Gold Mine, Tanzania to adopt the Live and Let Us Live Policy by finding a common ground for coexistence with Small Scale Miners..
So let me add that my fellow Ghanaians must be sober and buy the PNDC’s concept of win-win solution for poverty alleviation policy of Small Scale Mining. So, Small Scale Mining is Galamasey and has come to stay. This assertion is supported by abundant research work on Mining Activity. Confirm this assertion by Google for the First World Bank’s International Roundtable on Artisanal Mining for regularizing informal mining in May 1995. It was based on the outcome of this meeting that Ghana was the first nation to get a grant for Artisanal Small Scale Mining from the World Bank in June 1996. It was dubbed in the literature of the World Bank as Galamasey Grant, since the objective of the World Bank is eradication of poverty in the World.
My Fellow Ghanaians must appreciate that Regularization or Formalization of Small Scale Mining is a trip or ongoing process to the Legalization of Small Scale Mining in Ghana which was further done by the PNDC , in 1989 as a follow up to PNDC Law 153 of 1986, with three important laws namely the Mercury Law 1989 (PNDC law 217), the Small Scale Gold Mining Law 1989 (PNDCL Law 218) with the interpretation of Small Scale Mining at Section 21 of PNDC law 219, with the same caveat as in PNDC Law 153 of 1986 , on the method of operation shall not involve substantial expenditure nor sophisticated technology, exclusively for Ghanaians.
The third law as part of the Legalization of the Galamasey into Small Scale Mining was for the commercialization or trading of gold from the Small Scale Mining Sector, when the PNDC enacted the Precious Minerals Marketing Company Law 1989 (PNDC Law 219) and gave birth to the Precious Minerals Marketing Company with the exclusively right or monopoly to buy and export gold and diamond from the Small Mining Sector and as the sole authority to export same.
So by the PNDC Laws on Small Scale Mining, there was no conflict between the nature (substance or reality) of the mining activity on the ground before 1989 and the form of the PNDC Law as per the legislation enacted by the PNDC as Small Scale Mining Law 1989 (PNDC Law 218). Thus the Regime of the PNDC, legalized the time-tested Artisanal Mining alias Galamasey as Small Scale Mining and gave a very clear interpretation of Small Scale Mining at Section 21 of PNDC Law 218. That Small Scale Mining to be done in nature or substance as was done by Artisanal Miners alias Galamasey Operators before 1989 and to ensure no conflict between the nature or substance of the mining activity and the form of the Law as stipulated in PNDC Law 218 of 1989 and PNDC Law 219 of 1989.
So, a person with a critical thinking mindset on Small Scale Mining before the coming of the Fourth Republic otherwise before April 2006, the year which saw the passage of Minerals and Mining Act 2006 (Act 703), may be right to conclude that though the Original, Textual, Purposeful interpretations of a law present three distinct ways of appreciating the meaning of legal texts and since there was no conflict between the nature of Small Scale Mining and the form of PNDC Law on small scale mining, so whichever approach is adopted in the interpretation of Small Scale Mining before the year 2006, will give the same interpretation result. So what is happening in the Mining Sector in the Fourth Republic is a clear departure from the Small Scale Mining Laws enacted in 1989, when the PNDC was lifting the ban on Small Scale Mining. So, the PNDC ensured there was no conflict between the substance of Small Scale Mining and form of Small Scale Mining Law. Unfortunately, the current Small Scale Mining Law is conflict with the substance or nature of Small Scale Mining or reality on the ground.
So, according to seasoned Mining Scholars in the Mining Sector like Dr Tony Aubynn, Dr Gavin Hilson, Dr Abigail Hilson, there is a gap between what Ghana’s Officials in the Fourth Republic understand what real or authentic Small Scale Mining and the realities on the ground. Google for ‘Review the Laws of Small Scale Mining by Dr Tony Aubynn’ for confirmation of this assertion.
So, from the above narrations, anyone with a very good critical thinking mindset on the potential existential threat being posed from the Mining Sector in Ghana, would tell that there is a lack of coherence in how small scale mining is dealt with in Ghana. So, this motivated Dr Tony Aubynn to ask for the Review of the Laws on Small Scale Mining, as in the article by Citionline, entitled ‘Review on the Laws of Small Scale Mining’. This article confirms or demo that there is a disconnection between the realities on the ground and formal policies by the Government of Ghana.
So, a brilliant study or analysis of the history of Small Scale Mining and the related issues of Small Scale Mining in Ghana by a meticulous risk expert, will tell that Small Scale Mining in Ghana, due to the state of affairs must be seen as a potential existential threat but a necessary human evil like Prostitution that has come to stay. So, the Government and people of Ghana must work hard to manage the associated risks.
Truly, the problem in the Mining Sector is not Small Scale Mining but the poor understanding on what is Small Scale Mining by the Officials of Ghana, to enable Ghana to come out with measures to manage the associated risks by the State Actors, including the Police with the support of the Military. So the Government of Ghana and the people of Ghana are the problem and not Small Scale Mining, which has come to stay. So promoting Small Scale Mining through the GoldBod, which is looking for more gold from the Small Scale Mining Sector, demo that Ghana has taken a wrong step in dealing with Small Scale Mining.
A further probe will confirm or reveal that the problem is really the Government of Ghana in the Fourth Republic especially past officials since 2006 and not Small Scale Mining which is a human endeavor like Prostitution, both of which have come to stay, as a necessary human evil for survival or livelihood, since driven by poverty.
So, Small Scale Mining like Prostitution requires measures to reduce the associated risks to the barest minimum, hence managing it and not promoting Small Scale Mining is the answer to deal with it. So, the problem being faced by Ghana should be attributed to both the incompetency on the part of the Officials of the Government of Ghana and the general corruption in the Mining Sector, particularly in the Fourth Republic. Due to failure to understand that Small Scale in Ghana is unique based on its history in Ghana and the entry of the Chinese into the Sector by the invitation of Ghanaians with the support of the Government of Ghana through issue of visas, and the recent China and Ghana Friendship in Mining though it involved Large Scale Chinese Mining Companies mining responsibly in Ghana, the participation of State of Officials including the Sector Minster, who gave the keynote address on behalf of the President of Ghana, may give a wrong perception by the Chinese in Ghana. The said companies should join the Ghana Chamber of Mines.
Literature in the internet revealed that Shanxi Gold Mining Company from China which operated in the Talensi enclave was among the first Chinese Companies to be involved in Small Scale Mining in Ghana, hence illegal mining in Ghana as catalogued by Professor Crawford the research work, the Impact of Chinese Involvement in Small Scale Mining in Ghana, due to collaboration with Licensed Small Scale Miners in the Talensi area Google and read from page 10 to 24. Part of the concession which was initially Galamasey area in 1994, as area operations of both the Obuasi Galamasey Village and the Kejetia Galamasey Community Village, both which activities were formalized or legalized in 1996 by the Minerals Commission. Shanxi Gold Mining is now a member of Earl International of China or metamorphosed into the Earl International Ghana.
A careful Research will revealed that Officials in the second regime of President Kofour and Officials in the First Regime of President Mahama should be blamed with enactment of bad Mining laws and Regulations especially on Small Scale Mining , hence the call in 2016 by Dr Tony Aubynn for review of the Mining Laws in Small Scale Mining was superb. Google and read ‘Review laws in Small Scale Mining in Ghana’.
Some of the laws from Section 81 to 99 of Act 703 on Small Scale Mining by the Regime of President Kofour failed to take note of what was/is in the ground with the presence of our Chinese friends in Ghana, so the regime is blamable for the not good laws on Small Scale Mining.
It must also be noted that Some Officials in the First Regime of President Mahama should also be blamed for creating very lucrative windows for the Chinese Businessmen and women in Ghana and their Ghanaian accomplices to exploit the window created with the enactment of the Minerals and Mining General Regulations 2012 (LI2173), Minerals and Mining Support Services Regulation 2012 (LI2174) to form or strengthened Ghana and China Chamber of Commerce with one Mr Bernard Antwi as the President. Google for ‘Will Ghana ever learn? A letter to the Ghana and China Chamber of Commerce’ as published on the website of Modern Ghana on 23 July 2012 by Anna Hanson
State Officials including Hon members of the Parliament of Ghana in 2013 woefully failed to make Small Scale Mining as No Go Area for Foreigners with the enactment of the Ghana Investment Promotion law 2013 (Act865), this further motivated the foreigners especially Chinese involvement in the Small Scale Mining Sector. So the Chinese Ambassador is 100 per right. He was very diplomatic.
Google and read the Impact of Chinese Involvement in Small Scale Mining in Ghana by Professor Crawford and others as published in the internet in 2015. Google and read ‘Sweltering, Heat, Golden Dream; Chinese Galamasey in Ghana’ by Mr Yang Meng, one time, a staff of Bloomberg Business Weekly especially the Chinese Edition. Both Professor Crawford and Mr Yang Meng were/are regarded as trailblazers in the investigation of Chinese involvement in Small Scale Mining in Ghana. Coincidentally the English editions of their Work were published in 2015. So, both Professor Crawford and Mr Yang Meng proved in the quoted Articles as more competent authorities or persons with excellent understanding of the situation in the Small Scale Mining than members of the Ghanaian intelligentsia community/journalists /Officials.
Like the Chinese Ambassador to Ghana, Mr Yang Meng made it very clear that citizens of China were/are innocent citizens of China who obtained visas from Official of Ghana’s Government and came to Ghana based on the invitations of Ghanaians especially those Ghanaians, who were sent to China in the regime of President Kofour and through the Ghana and China Friendship Association.
It should be noted the Ghana China Friendship Association culminated in one Mr Bernard Antwi, in 2012 as the President of Ghana and China chamber of Commerce. It must be noted that the said Bernard in 2012 was alleged to have made some remarks that the Chinese presence in Ghana should be seen as a Blessing. Google and read ‘Will Ghana ever learn? A letter to the Ghana and China Chamber of Commerce’ as published on the website of Modern Ghana on 23 July 2012 by Anna Hanson.
So, by January 2017, the Horses have left the Stable, due to thousands of Chinese with thousands of excavators and Chafang machines motivated by LI 2173, LI2174 and Ghana Investment Promotion law 2013 (Act865), brought in thousands of excavators in Ghana and caused and are still causing massive destruction of Rivers or the Environment in general including Cash Crop Farms especially Cocoa, Oil Palm and Rubber Plantations. So a very naïve and corrupt Regime of President Nana, became the victim and beneficiary of the sins of previous regimes.
So, the Second Regime of President Kofour and the Second regime of President Mahama should jointly be blamed for the madness in the Small Scale Mining Sector due to bad laws. You can deduce this from the call by Dr Tony Aubynn for the Review of the Laws in Small Scale Mining made in 2016 and this from article published in the Internet as well as result of the Research work on Chinese Involvement in Small Scale Mining in Ghana by Professor Crawford speaks volume of the sins of the Government and the people of Ghana.
The Regimes of President Nana Addo, made an attempt to address the problem but it was cosmetic approach or it was ungenuinely done so his Regime also shares the blame for the bad situation with Small Scale Mining in Ghana.
The way forward
In the Military to win a war or for a successful military strategy against an enemy, understanding or knowing yourself and the enemy are very crucial in order to enable you to come out with effective or superior strategies for achieving success. Thus with respect to combating the enemy, there is a requirement of both Battle Appreciation and Strategic thinking for you to determine the characteristics of the enemy (for you to know who or what you are fighting, the terrain/location, the underlying issues/the capabilities of the enemy, the weaknesses of the enemy etc.
These data will help you to determine a clear strategic objective, thus help you to determine the combination of factors like the duration or the time by which to achieve the objective, the required logistics, personnel, issue of organic coherence system, effective Leadership through Unity of Command for effective Command and Control for you to come out with a required superior military capabilities. Then the operation is conducted by applying the principles of War especially the Principal of Selection and Maintenance of Aim, which is regarded in some theaters especially USA, as the First Principle of War or Business Success.
So, in dealing with the problem in the Mining Sector, there is the need to identify the enemy, which a JSS pupil should able to tell that it is Small Scale Mining and apply the first Principle of War Selection and Maintenance of Aim and bear in mind that you cannot eliminate the enemy act accordingly to coexist with the enemy.
To act properly will require the clear appreciation of the terms, Responsible Mining, illegal mining, Large Scale Mining, Small Scale Mining and Mining in Forest Reserve. These is very important because both the Chinese Ambassador to Ghana and Ghana’s Foreign Minister were recently in the news on the blame game with regards to the involvement of Chinese in the Small Scale Mining Sector.
Responsible Mining
Responsible Mining , meaning need for due diligence in respect for the protection of the environment, and associated community against the risks associated with mining, so all stakeholders by practices are to give priority to the environmental protection, social or community responsibility, and ensure maintenance of ethical standards.
Illegal mining
Illegal mining is unauthorized mining acts, thus mining acts that are in aberration from stipulated laws hence mining without authorization or permission, mining acts not adhering to legal requirements or Irregular or irresponsible mining or mining with disregard to the environment and social regulations or mining with trespassing on land or thievery of mineral resources,
Large Scale Mining
Large Scale Mining, implies formal and legal mining which is capital intensive mining operations by Companies with the use of highly mechanized and sophisticated technology thus with substantial expenditure. Large Scale Mining is with compliance with local and international standards or governed by laws and Regulation. Hence Responsible Mining. Large Scale Mining is with an elaborate mining infrastructure and with elaborate hierarchical administrative structure especially, General Manager, Mining Manager, Safety Manager, Environmental Manager, Process Manager, Health Officer etc
Small Scale Mining
Google for explanation on Small Scale Mining and you would appreciate that It is universally acknowledged that Small Scale Mining is fundamentally an informal operations with no use of substantial expenditure, with the use of low tech or with no use of sophisticated technology, hence the use of simple tools like pick axes, chisel, sluice or sieves, pans etc culminating in low output as in economics and social science. It is executed by millions of operators nationwide/globally with the mindset that the mineral say gold or salt or feldspar is a gift from God for them to escape from their poverty miseries. Hence, it is a necessary evil like prostitution, as it is poverty driven. So it has come to stay as a poverty alleviation measure.
Small Scale Mining is regarded globally as a transient, nomadic and irresponsible operation done by significant number of actors including women, with a population, reportedly as over 4 million in Ghana and over 100 million Worldwide, who as stated are operating outside the formal sector and with no hierarchical administrative structure like Mining Manager, Environmental Manager, Safety Manager, Health Officer as pertains in Large Scale Mining Sector thus making it difficult to regulate and manage Small Scale Mining .
Bearing the above underlying issues and characteristics of Small Scale Mining in mind, any risk management expert or scholar or student would tell that the answer for dealing with Small Scale Mining is managing the risk by control measures through all range of measures or multifaceted approach including through Alternative Livelihood Projects as well as by regulations with effective monitoring of their operations and enforcement to make them operate in a responsible manner through sustainable practices.
Hence the intervention of Government with the support of the World Bank. Memberships of the Large Scale Mining Companies of the Ghana Chamber of Mines, Community Leaders or local governance system etc is a must to help reduce the menace associated with Small Scale Mining to the barest minimum.
So the strategic objective of the Government is to get Small Scale Miners to operate in a Responsible manner through regulations, since it is driven by poverty. the permissibility of Small Scale Mining as part of win-win solutions should restricted to low tech or rudimentary (simple or basic) tools and methods with spades, chisels, pick axes, pans, sieve sluice and must be made to pay attention to the environment. So, the Government aim must be to get interested Communities to mine responsibly by not endangering human life and the environment unreasonably (excessively). So the vehicle of Community Small Scale Mining, a World Bank idea and the concept of Alternative Livelihood Projects must be the right way to go and not shouting on top of the roof going amok that Galamasey is illegal mining. Ghanaians must grow with the Reality on the Ground. Let us contact our dear Vice President, when she seemingly supported Galamasey when she was solicited the votes of the electorates in Amenfi Central.
So the Government of Ghana has three actions namely (a). Introduction of Medium Scale Mining Sector for Ghanaians business to collaborate with foreigners since mining is capital intensive. (b). Providing viable alternative jobs for real small scale miners who are just operating for money to buy Koko and massah and built Atta Kwame House and not to build expensive estates or buy expensive cars. (c) Or helping them to conduct or improve responsible mining in a sustainable manner to ensure very good care of the environment, their safety and the safety of others and work hard to get them navigate to Alternative Livelihood Projects. There also the need for the Government to get the Ghana Chamber of Mines to see to her Member Large Scale Companies to help interested Communities within their Catchments areas to improve sustainable mining practices but with the ultimate aim to navigate them to Alternative Livelihood Projects.
To conclude let me say that the Government should consider Community Small Scale Mining concept under local governance system through a permit system from the District Small Scale Mining Committee to replace the current costly Small Scale Mining Licensing Regime with red tapism or delays. The Community Small Scale Mining to be monitored by Local, Regional and National Governance Systems for enforcement and introduction of new guidelines as and when necessary. This must be the role of National Security Council, Regional Security Council and District Security Council.
Mining is capital intensive, so for Ghanaians interested in commercial mining as a way for wealth creation or for the need to help Ghanaians to capture commanding heights in mining, the Government should come out with a third nomenclature as Medium Scale Mining for business minded persons interested in mining to Collaborate with foreigners by providing guidelines in partnership, financing or percentage share of equity, provision of service monitoring of gold production etc. The operators in the Medium Scale Mining must comply with both local and International Standards.
The Government of Ghana should therefore create a very clear boundary or a wedge between Mechanized or Commercial Mining by or for Ghanaians in collaboration with foreigners like the Chinese in our midst and Artisanal Small Scale Mining for livelihood. So, the Government to take note to relegate or condemn Small Scale Mining as a mining operation which is a likely or a potential existential threat. As such, it calls for effective management including provision of alternative livelihood projects but in the interim application of effective risk management tools through regulations and monitoring and control or enforcements. Hence zero tolerance for the involvement of foreigners in the Small Scale Mining Sector. Lastly, Community Small Scale Mining as the names implies should be restricted to residents of the affected communities, hence Ghanaians in the Small Scale Mining Sector must be resident of the Community. So that participants share the risks, this will ensure participants act responsibly.
