Small-Scale Mining and the Law: Addressing the “Galamsey” Challenge
Written by: Darlington Amofa, Esq.
Small-scale mining has long been woven into Ghana’s history and economy, offering livelihoods to countless people across rural communities. Yet, its illegal version popularly called galamsey has become one of the nation’s most pressing environmental and social challenges. This paper explores the evolution of Ghana’s mining laws, from traditional and colonial practices to the Small Scale Gold Mining Law of 1989 and the Minerals and Mining Act, 2006 (Act 703) as amended by Act 995. It examines how corruption, political interference, weak enforcement, and the involvement of foreignersespecially some Chinese nationals have undermined these laws. Drawing on key court cases such as Republic v Fynn and Republic v Domotey and Others, the paper reveals that while Ghana’s courts have shown firmness in sentencing offenders, the broader system suffers from selective justice and ineffective enforcement. Ultimately, it argues that addressing the galamsey menace requires stronger institutional action, political will, environmental courts, and sustainable livelihood options for affected communities.
Link to Paper : Galamsey
