Ghana: Traditional Leaders, MMDCEs Culpable in Galamsey Crisis

• Ogyeahoho Yaw Gyebi II, President of the National House of Chiefs, stated that some traditional leaders and MMDCEs are actively involved in illegal mining, hindering anti-galamsey efforts.
• His office has arrested four chiefs for illegal mining, and he noted galamsey's non-partisan nature, involving members from both major political parties.
• Minister Mahama Ayariga admitted MMDCE culpability, clarifying that inaction in the face of illegal mining also constitutes complicity.
• The Ministry of Lands and Natural Resources urged MMDCEs to identify hotspots, threatened water bodies, and abandoned pits, and to pursue perpetrators.
• MMDCEs requested dedicated funding for anti-galamsey efforts and prior notice from the National Anti-Illegal Mining Operations Secretariat (NAIMOS) for visits.

Minister for Local Government, Chieftaincy and Religious Affairs, Mahama Ayariga, acknowledged the culpability of MMDCEs, emphasizing that even a failure to act constitutes complicity in the problem.

The President of the National House of Chiefs, Ogyeahoho Yaw Gyebi II, recently asserted that certain traditional leaders and Metropolitan, Municipal, and District Chief Executives (MMDCEs) are actively undermining efforts to combat illegal mining, known locally as galamsey, through their direct involvement. Speaking at a National Conference for MMDCEs on Illegal Small-Scale Mining, organized by the Ministry of Local Government, Chieftaincy and Religious Affairs, Ogyeahoho Yaw Gyebi II highlighted that individuals assuming MMDCE positions have perpetuated illegal mining activities that were present under previous administrations.

Ogyeahoho Yaw Gyebi II disclosed that his office has taken action against chiefs suspected of participating in illegal mining, leading to the arrest of four such individuals. These chiefs subsequently pleaded guilty and signed bonds. He further noted that the issue of galamsey transcends political affiliations, observing its prevalence under both the New Patriotic Party (NPP) and the National Democratic Congress (NDC) governments, with members from both parties engaging in mining activities. He explicitly stated that some MMDAs are involved in the galamsey business, mirroring the involvement of some Nananom (chiefs).

He also issued a stern warning to traditional authorities, urging them to meticulously verify the lawful intended use of lands before granting allocations. Ogyeahoho Yaw Gyebi II stressed that a grant of customary land should never be misconstrued as a license for illegal mining, emphasizing the existence of proper licensing procedures that must be adhered to. He identified the misuse of customary lands for activities causing extensive environmental degradation, such as illegal mining, as a critical challenge facing communities.

During the same conference, Mahama Ayariga, the Minister for Local Government, Chieftaincy and Religious Affairs, openly acknowledged the culpability of MMDCEs in the ongoing galamsey crisis. He clarified that complicity extends beyond direct active participation in mining, stating that merely witnessing illegal activities and choosing to ignore them also constitutes being part of the problem. Minister Ayariga committed his ministry and MMDCEs to taking a proactive interest in combating this illegality, signaling a renewed focus on enforcement at the local government level.

The Ministry of Lands and Natural Resources welcomed the support from the Local Government Ministry, proposing concrete actions for MMDCEs. These included identifying illegal mining hotspots, pinpointing threatened water bodies, and locating abandoned mining pits, followed by decisive action. The Ministry further tasked MMDCEs with pursuing perpetrators and initiating efforts to reclaim lands damaged by illegal mining. Concurrently, Dr. Zanetor Agyeman-Rawlings, the Minister for Environment, Science and Technology, called for a unified and coordinated approach across all relevant bodies to effectively tackle the widespread issue.

Despite ongoing efforts by the National Anti-Illegal Mining Operations Secretariat (NAIMOS) to combat illegal mining in river bodies and forest reserves, Ogyeahoho Yaw Gyebi II observed that these initiatives have yielded limited positive impact. He noted that miners have become increasingly emboldened, expanding their operations into previously untouched reserves. In response to these persistent challenges, he advocated for a non-partisan approach to the fight against galamsey, emphasizing the crucial role of local communities in achieving success.

Representing the MMDCEs, the Ashanti Regional Minister appealed for dedicated funding to bolster the anti-galamsey campaign, highlighting that the existing District Assemblies Common Fund is already allocated for specific purposes. Additionally, the MMDCEs collectively requested prior notification from NAIMOS before the Secretariat conducts visits to their respective areas, suggesting a need for improved coordination and communication between national and local authorities in the fight against illegal mining.

Lawyers advising clients on land acquisition or mining operations in Ghana, particularly those involving customary lands, must conduct enhanced due diligence to assess the risk of illegal mining involvement by local authorities or traditional leaders. Compliance officers should note the increased focus on MMDCE culpability and potential liabilities for complicity in galamsey, necessitating robust internal controls and risk assessments for any related activities.

Source: Original reporting via Nana Yaw Gyimah