Deputy Director of A Rocha, Daryl Bossu, has strongly criticised the Ministry of Interior’s new strategy of deporting foreign illegal miners without subjecting them to Ghana’s criminal justice system.
Bossu described the decision as a regrettable retreat from the rule of law and a dangerous precedent that undermines deterrence in the fight against illegal mining.
“Considering the fact that the ministry has elevated these thugs to dangerous terrorists, I believe that our approach to dealing with them must also change”
Daryl Bossu, Deputy Director of A Rocha
Bossu expressed his disappointment at the government’s failure to prosecute foreign nationals engaged in illegal mining, widely known as “galamsey.”
In light of recent decisions by the Ministry of Interior to deport foreign suspects apprehended for illegal mining rather than jailing them under Ghanaian law, Bossu accused authorities of treating foreign offenders with undue leniency.
Bossu added that the proper response must include a tactical and forceful legal approach that reflects the gravity of their actions.
Expressing deep dissatisfaction with the Ministry’s chosen path, he asserted that in the case of illegal mining, deportation weakens deterrence.
“It is very very sad to hear that the Ministry of Interior is taking the strategy to deport these people. By doing this, we are really not giving the people an opportunity to see how deterrent our law is”
Daryl Bossu, Deputy Director of A Rocha
In his view, this tactic emboldens offenders and sends the wrong message to others within and without the country considering similar crimes.
Bossu warned that as has been the case, foreign offenders, once deported, are likely to return, particularly if they face no meaningful consequence during their time in Ghana.
Rejecting Practical Excuses
The Deputy Minister of Interior, Ebenezer Okletey Terlabi, had earlier cited several challenges impeding prosecution, including congested prisons, slow court processes, legal frustrations, lack of documentation, and difficulties in identification.
These, the minister argued, made deportation a more practical solution to galamsey offenders.
Bossu dismissed those arguments outright.
“I’m quite confused as to some of the challenges the deputy minister of interior is mentioning because I don’t see it to be neither here nor there – because what is good for the goose is also good for the gander”
Daryl Bossu, Deputy Director of A Rocha
Citing the dire state of Ghana’s prisons and the overcrowded conditions Ghanaians endure, he insisted that foreign offenders should face the same conditions, regardless of origin.
“We want to see that, look, if Ghanaians are wallowing in our prison you say is congested, is dirty and all of that, then let the Chinese, let the foreigners also go there so that they know that this is how deterrent our law is”
Daryl Bossu, Deputy Director of A Rocha
Bossu questioned why foreigners are being spared the justice Ghanaians face, accusing the authorities of double standards in law enforcement.
“I don’t really understand why they want to treat the foreigners with kid gloves,” he remarked, referring to illegal miners from China, Burkina Faso, Mali and other neighbouring countries who are active in Ghana’s forests and riverbeds.
He pointed to the Minerals and Mining (Amendment) Act, 2019 (Act 995), which clearly stipulates that foreign nationals involved in illegal mining activities should be imprisoned before any deportation process.
“The minerals and mining amendment act 995 is very clear – even if you are liable for deportation that non-Ghanaian shall wear sentence to a term of in prison, serve the full sentence before deportation in accordance with subsection 37 of act 573″
Daryl Bossu, Deputy Director of A Rocha
‘Law Must Prevail, Not Excuses’
In Bossu’s view, the decision to sidestep the legal process in favour of deportation is not only unlawful but counterproductive.
By refusing to fully enforce the law, Ghana risks eroding public confidence and encouraging repeat offences.
“I believe that by just deporting them, we are whittling down the processes, we are whittling away our deterrent measure, and they are not going to respect our laws anymore”
Daryl Bossu, Deputy Director of A Rocha
As illegal mining continues to wreak havoc on the nation’s environment and public resources, Bossu is calling for an unwavering commitment to the rule of law, no matter the nationality of the offender.
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