Dear Kenneth (CEO),
Once again, I write to express my congratulations for your appointment as the CEO of the Ghana Chamber of Mines. The Holy Bible tells us that it is God who nominates a Leader for a cause either good or bad. So let me say that your appointment was the working of Almighty God (Allah) to arm you properly with true state of affairs about Mining for you to work effectively and efficiently for God and Mankind that is for the Country or the Nation called Ghana and to some extent globally.
I envisaged this is so, especially with the introduction of the GoldBod in the Mining Sector which is working or residing in the Small Scale Mining Sector governed with a bad or ambiguous (confusing) small scale mining law and related subsequent bad laws as stated below. Google and read Review the laws on Small Scale Mining by Dr Tony Aubyn, an astute Mining Scholar. A call he made when he was the CEO of Minerals Commission. Hence, I am to state that God has chosen you to be a global iconic person due to your ardent efforts to combat the potential existential threat, being posed by Small Scale Miners or Companies in the Mining Sector in Ghana, due to the repercussions of their operations which have Community, National and Global effects.
Please, before I expatiate, I wish to state that I was at the Head Office of the Ghana Chamber of Mines, a week ago, to see you but due to your tight schedule, I could not see you. So I booked for an official meeting with you and you caused your Secretary to call and inform me that when time permits, you may open a window for us to meet. Thanks for this warmest response, so this letter is to speed up the date for our meeting, otherwise guide you, in your future intercourses on the related matters of mining.
Sir, due to the Government and most people of Ghana (excluding Dr Tony Aubyn, Dr Abigail Hilson and myself), failure to appreciate that Small Scale Mining is the same as Galamasey, so Galamasey is synonymous with Small Scale Mining since it is regarded by the World Bank and others as a poverty driven phenomenon by rural folks. History of mining globally tells so. Just Google for Small Scale Mining.
It must be noted that it was the World Bank as part of PAMSCAD, that was measures made in 1989 to alleviate poverty, which helped Ghana to come out with a very clear Small Scale Mining Law (Google for Small Scale Gold Mining Law 1989 (PNDCLaw218) and read Section 21 on interpretation of Small Scale Mining, which made it very clear that it was a method of mining with no use of substantial expenditure and no use of sophisticated technology hence for livelihood or survival and not for wealth creation.
It must be understood that rural folks (indigenes) as the real Small Scale Miners, see the gold say in Bogoso or salt as in the Songor lagoon as a gift from God for them to escape from their poverty miseries. Hence Ghana’s problems include mindset matter, lack of jobs or means of survival problem, poor laws like the Small Scale Mining Law in Act 703, Regulations LI 2173 of 2012, the Support Services Regulation 2012 (LI2174), GIPC law 2013 (Act 845) which did not make Small Scale Mining as No Go Areas. Furthermore lack of enforcements of available laws. So the solutions include a mindset revolution, need for good laws, need for good regulations and effective monitoring and enforcement, effective local governance to deal with the menace, creation of Jobs/Alternative Livelihood Projects etc.
Based on this later narrations, a good Christian and or a good Muslim should tell that there is the need for empathy for genuine small scale miners but stringent punishments for greedy and corrupt Ghanaian tycoons and officials in the Small Scale Mining Sector with sophisticated technology and substantial expenditure for wealth creation and not for livelihood.
Sir, a person with a critical thinking mindset will surely come to the conclusion besides good laws with effective monitoring for swift enforcement, important remedy to deal with Small Scale Miners are Alternative Livelihood Projects with short, medium and long gestation periods. Otherwise as stated by Hon Mrs Barbara Oteng Gyasi, a former MP for Prestea/Huni Valley and former Board Chairperson of the Minerals Commission of Ghana, if Small Scale Miners are allowed to operate without effective regulations and monitoring, they will conduct irresponsible mining and end up to be involved in illegal activity.
So, whether as licensed or unlicensed Small Scale Miners, history tells that the value is the same, since the operators act irrationally by prioritizing economic gains over all else as stated by Justice Amadu Tanko, during your recent sensitization of relevant stakeholders especially the relevant State Security Agencies, Investigators, State Prosecutors, members of the Judiciary etc for effective arrests, good investigations, prosecution of mining related offenses to be appropriately disposed off by a court of competent jurisdiction (a High Court) respectively.
Sir, the Government especially Parliament of the day and or Officials of Ghana must be educated or made to understand by the Ghana Chamber of Mines hence through you as the CEO that a decorated donkey is still a donkey. So the Ghana Chamber of Mines will not allow Licensed Small Scale Mining Companies to be members of the Ghana Chamber of Mines, which ensures or requires member Mining Companies to adhere to both national and international Standards otherwise conduct responsible mining as defined and interpreted below. .
So, you will now agree with me as stated in my article as published by Modern Ghana that the Chinese Ambassador’s education of Ghanaians that Small Scale Mining alias Galamasey has come to stay is true yesterday, today and future or till the end of the World.
This genuine assertion by the Chinese Ambassador was actually made after the first global research in Artisanal Small Scale Mining in May 1995 by the World Bank dubbed as the first Global or International Conference on Artisanal Mining alias Galamasey, with participants include astute intelligentsias especially Scholars in Mining and Legal Experts. Google and read First World Bank’s International Roundtable on Artisanal Mining for regularizing informal mining organized in May 1995.
This caused the World Bank which main objective is poverty eradication or reduction to release the first Grant to Ghana in June 1995 to support actions to deal with Small Scale Mining. So Ghana was the first Country in the world to be a recipient of this grant which was dubbed as Galamasey Grant. Google and read the Announcement of the First World Bank Support of Mining Sector in Ghana in June 1995. Also Google and read ‘Ghana Gets Support to address Impacts from Artisanal Mining’. Note Small Scale Mining as Artisanal Mining existed before the establishment of the Gold Coast and the Colonial Masters coined it as Small Scale Mining and banned it in 1906. This was followed with the Mercury Law of 1932 to further ban it.
So, Our Government and Bank of Ghana, in the quest to improve currency stability and to ensure inclusive growth/ job creation must watch it with the GoldBod residing or working in the Small Scale Mining Sector governed by bad laws as stated above. It must be noted that Small Scale Mining is globally regarded by Mining Scholars and risks experts, as a potential risk especially due to environmental and societal issues.
So, Sir, as the CEO of the Ghana Chamber of Mines, you need to change the driving gear and mobilize the Media and educate them with the terms like Responsible Mining, Small Scale Mining, Medium Scale Mining, Large Scale Mining, Irresponsible mining hence illegal Mining and why and how Mining in the some Forest Reserves should be allowed.
Ghanaians or the Government Officials must be made to appreciate properly that Small Scale Mining is Galamasey and Galamasey is Small Scale Mining as regarded by the International Mining Community including the International Council on Mining and Metals (ICMM), which the Ghana Chamber of Mines is a member, Since logic (common sense) tells that Galamasey is either the Universal Set or Subset of Artisanal Small Scale Mining due to same underlying issues/characteristics.
So, as such it will be very difficult to get Small Scale Miners to comply with International and local standards due to greed, by some Ghanaians and their foreign accomplices they will surely conduct irresponsible mining, abundant reports say so.. Hence there is no way the Ghana Chamber of Mines will admit a Licensed Small Scale Mining Company or miner into the Chamber. But the Members of the ICMM through empathy see the need to collaborate with Artisanal and Small Scale Miners to get them to mine ecofriendly and societal friendly hence close to responsible mining.
Sir, as part of empathy for Small Scale Miners, Goldfields Damang or Abosso Gold Ltd and Golden Star Bogoso mine during the era of Dr Tony Aubyn and myself respectively introduced the live and let us live Policy by organizing the Galamasey operators into a group under good leadership and given an area to operate, it was against the law which prefers, the ceding of the area to the State. This was done with the support of the Local governance system so it gained official recognition.
Let me state that due this policy under my watch as a Security Superintendent of Bogoso Mine, supported by Capt JJ Saltson (rtd), by the Authority of the GM, we gave Hansol Mining Company with Chairman Wontumi as the MD 30 days window to wind up activities in a part of Bogoso’s Mine Concession near Himan, where the gold was not more than one million US Dollars, hence not profitable to mine the area by a Large Scale Mining Company. The cost of rehabilitation of the area is at the cost of the Bogoso Mine, because, I caused his ejection from the area when he failed to keep to the gentleman understanding to leave the place. Copies of letters to the Western Regional Security Council on the ejection are with me. I also had the support of my friend then DCOP of Kofi Boakye, then as Western Regional Police Commander, and the late Col Kaku Korsah (rtd), as Security Coordinator and then Lt Col George Sam then as the Commanding Officer of 2BN, Takoradi. Thanks for their support to deal with recalcitrant miners.
As part of integrity requirements, I wish to use this opportunity to say that not a satchel of water was gained as at date from illegal miners who operated at any place in Ghana thus including in the Bogoso Gold Mine’s Concession, thus including Hansol Mining Company. Infact, I see Chairman Wontumi as a very very ungrateful person because a Chief of Ejisu and I were at his residence in May 2024 for a good cause. The Chief was there to claim payments for a land at Ejisu released by him for farming etc by Chairman Wontumi. Without listening to us, Chairman Wontumi told us he had no pesewa for food and drove away in one of his expensive cars. Very ungrateful and disrespectful.
At this juncture, I wish to deal with definitions of and explanations on responsible mining which should be encouraged and supported by all Stakeholders namely the Government, the Media, the affected Communities or public. After that I will give the definition of and explanations on illegal mining which should be reported promptly to the Government and her Security Agencies and affected Large Scale Mining Companies and their security in case of likely trespassing of their Concessions for swift action and in a case of stubborn illegal miners, swift and brutal actions required to curb their illegal mining activity should be the norm. Of course after warning them to ensure compliance with the principle of use of minimum force and the Voluntary Principles of Security and Human Rights.
Responsible Mining, is mining in a transparent and accountable way throughout the mining life span to ensure the protection of the environment through minimization or reduction of mining footprints or by the prevention or reduction of the negative effects of mining whilst maximizing gains for all stake holders. Thus the protection of the environment and the interest or concern of all stakeholders’ both current and future generations must be factored by mining Companies during their operations. Hence compliance with local and international Standard/ethical Standards is sin qua non (essential) as done by member Mining Companies of the Ghana Chamber of Mines. Since Member Mining Companies of the Chamber of Mines normally base their profit or gains by factoring the broader societal and environmental footmarks due to their mining operations and thus not prioritizing economic gains over all else.
Responsible Mining is therefore based on three fundamental pillars namely (a) the Protection of the Environment and (b). Social Responsibility. (c) Ethical Governance. Thus the explanation of responsible mining is by adhering to ethical standards by integrating effective and efficient environment management, social responsibility and good governance/economic approaches. Thus Responsible Mining goes beyond just following regulations as required by the Government
Let me clarify with the four fundamental of Pillars of Responsible Mining as required globally or ICCMM.
Protection of Environment through (a), efficient water management, which includes the reduction of water utilization and prevention of the pollution of water. (b). land Restoration by restoring the disturbed area to original state, (c) Waste management reduction Social Responsibility through (a) community or all stakeholders’ engagement by actively involving associated communities in relevant mining decisions making process. Initially by public forum under the EPA for explanation of the Report of the Environmental Impact Assessment and the corrective measures especially respect for human rights, respect for the cultural heritage and traditions of the affected communities. (b). Then the gains to be made by the Community, the Company and the Nation. ) local economic development that is contribution towards sustainable development of affected community through job creation, skill training, basic infrastructure development etc Good Ethical Governance by including fair labor system like fair wages, efficient relief system, safe working environment, ethical treatments of workers throughout the mining operation/within the supply chain. Also need to be accountable for environmental and social performances and institution of good corporate governance. Economic sustainability; Economic sustainability are procedures to ensure mining is economically sustainable in the long term and the likely benefits to both the Company and the affected Community or the nation. It also deals with Transparency and Accountability in financial dealings.
Illegal Mining on the other hand is what the name says that it is an unofficial or against the law since per Clause 6 of Article 257 of the 1992 Constitution and as echoed in the Minerals and Mining Act 2006 (Act 703) which states that the minerals belongs to the People or the State and vested in the President on behalf of and in trust for the people of Ghana. This is to ensure government protects ad secures Ghana’s resources and use them to the benefit of all nationals. So, Illegal Mining could mean mining without permission by the State through the Minerals Commission and or not adhering to legal mining operations that is mining by not adhering to laws, rules and regulations.
It must be noted that both the Constitution and Act 703 prohibit illegal mining. So, since Mining is capital intensive and very risky and the fact that the Small Scale Mining Law 1989 (PNDC Law 218) was incorporated into the Minerals and Mining Laws 2006 (Act 703) which reserved or restricted Small Scale Mining for only Ghanaians, speaks volumes that the Act 703 on Small Scale Mining is supposed to recognize indigenous Mining (Traditional Small Scale Mining) which was given official recognition by the PNDC with processes or attempts to regularize it, since it is normally informal as appreciated by the originators of the law on Small Scale Mining, hence PNDC , or the initiators of the law was not to make it commercial or industrial mining.
So, research work by two mining experts namely Dr Gavin Hilson and Dr Abigail Hilson indicated that the Government of Ghana or officials of Ghana understanding of Small Scale Mining is at variance with the global interpretation of real Small Scale Mining or the state of affairs on the ground. So, sir Small Scale Mining requires continuous processes for its formalization and regularization as well as monitoring and enforcement and should not be regarded as one stop process as regarded by Ghanaian Officials and go to bed.
So the call by Dr Tony Aubyn for the Review of the laws on Small Scale Mining was also to preserve indigenous mining which methods does not required the use of sophisticated technology and substantial expenditure in Small Scale Mining. There must also be the need for effective regulations, monitoring and effective enforcement.
Mining is capital intensive and risky, there therefore is the urgent need for a third nomenclature in the Mining Industry as Medium Scale Mining Sector for Ghanaians tycoons to feel free to collaborate with foreigners through a defined equity sharing for wealth creation but made to comply with International and Local Standards. Thus they should conduct Responsible Mining. Google for Review the Laws on Small Scale Mining by Dr Tony Aubyn.
So, it must be made very clear to all that the promised made in 2024 by the current Vice President of Ghana, during her campaign in Amenfi Central towards the 2024 Presidential Election that when President Mahama wins the election, she will ensure that Galamasey operators operate in eco-friendly and social acceptance manner is what is required by a civilized society which people need to appreciate the History, the underlying issues/characteristics of Small Scale Mining especially as poverty driven phenomena . Hence, one of the answers is Alternative Livelihood and need to manage the risk as educated by the Chinese Ambassador.
Sir based on the above narrations you need to lobby for Parliament to review the laws on Small Scale Mining as recommended by Dr Tony Aubynn, coincidentally he was a former CEO of the Ghana Chamber of Mines as well as a former CEO of the Minerals Commission, so he understood the issues. You may consider to seek support of the Chinese Ambassador and the World Bank for the Chamber to expand Alterative Livelihood Projects for navigating real small scale miners to sustainable and profitable businesses.
Mining in the Forest Reserves, should be limited to only Member Mining Companies of the Ghana Chamber of Mines, who as part of the process should be made to reclaim or pay money in US Dollars for the reclaiming of an area of forest disturbed by illegal miners. The size to be reclaimed should be about the same size of area for the intended mining operations as well as pay huge sums of US Dollars as Reclamation Bond for the intended mining area for reclamation after close of the Mining operations (decommissioning of mine) .Other measures to include presence in the forest should be limited to extraction or mining of ore, so no processing of ore with the associated tailings etc should be done in the Forest. Lastly, they should be made to buy Social licenses from the affected communities through Stakeholders engagement under the auspices of the EPA/the Chamber
