Ghana’s ongoing struggle with mining in forest reserves has once again come under scrutiny following comments by Dr. Anthony Aubynn, a leading figure in the National Democratic Congress (NDC) and former Minerals Commission CEO, who has expressed full support for the repeal of Legislative Instrument (L.I.) 2462.
However, he warned that repealing the law may not be sufficient if policymakers introduce new regulations that allow mining in different forms.
“No, I support the repeal completely. But the problem is that when you repeal you are likely to make another law or policy to allow some form of mining”
Dr. Anthony Aubynn, Former Minerals Commission CEO
While Dr. Aubynn strongly endorsed the repeal of L.I. 2462, which currently permits mining in forest reserves with ministerial approval, he stressed that the real danger lies in what may follow such a repeal.
He emphasized that existing frameworks already provide sufficient legal cover for the Minerals Commission to operate without the need for L.I. 2462, questioning the motive behind introducing new laws after repeal.
“Are we saying that in the absence of the law, we suffer anything? Because there are other laws that the Minerals Commission works with, right? So if the law is bad and you repeal it, what do you need another law to do?”
Dr. Anthony Aubynn, former Minerals Commission CEO
Dr. Aubynn noted that under previous policies, only a minimal portion of Ghana’s forest reserves – about two percent – was affected by mining activities. It was the introduction of L.I. 2462, he said, that opened the door to potential abuse.
“That is the problem, which is why people are asking for it to be repealed in its entirety” he stated.
Dr. Aubynn acknowledged public demand for the complete withdrawal of the instrument, and maintained that while he did not initially have a strong opinion on full repeal, he now supports it because it aligns with the NDC’s stated policy objectives.
“So my position is that, yes, repeal is fine because that’s what we said we’re going to do”
Dr. Anthony Aubynn, Former Minerals Commission CEO
However, he warned of the possibility that repealing L.I. 2462 could merely become a gateway for repackaged policies that maintain or even expand mining operations in protected areas.
According to him, without strong political will, such loopholes could undermine public trust.
Political Complicity
Turning to the broader fight against illegal mining, popularly known as galamsey, Dr. Aubynn offered a nuanced view.
“State of emergency, I don’t know if we need that but we should have a way of stopping illegal mining. We have all the arsenals to do that and I think the government is doing that”
Dr. Anthony Aubynn, Former Minerals Commission CEO
While he refrained from calling for a formal state of emergency, he stressed the urgency of strengthening law enforcement and utilizing existing capacities to achieve the desired outcome.
He commended the current Minister for Lands and Natural Resources for his efforts, noting the minister’s “strenuous” investment in seeing an end to the menace.
“Sometimes he becomes even emotional about what he’s doing because of the gravity of the situation he sees,” he observed.
Despite these efforts, Dr. Aubynn warned that political interference remains the most significant barrier to eradicating galamsey. He cited his own writings dating back to 2009 as evidence of the longstanding nature of the problem.
“The worst of it all is the involvement of politicians in this business. It becomes so difficult to resolve when you have politicians, some of whom are in very serious positions, very leading positions involved”
Dr. Anthony Aubynn, Former Minerals Commission CEO
He lamented that such involvement makes it nearly impossible to hold culprits accountable. “You cannot, you cannot successfully push them out,” he stated bluntly.
Referring to a high-profile case under the previous administration, Dr. Aubynn pointed out contradictions between political statements and established facts.
“That’s how come I think the former president at a point in time said Akonta Mining was not doing anything illegal, even though the facts spoke otherwise”
Dr. Anthony Aubynn, Former Minerals Commission CEO
As the new administration considers its approach to forest conservation and mining regulation, experts like Dr. Aubynn caution that legal reform must go hand in hand with institutional integrity and political accountability.
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