Suame Member of Parliament (MP), Hon. John Darko, has cast doubt on the effectiveness of repealing Legislative Instrument (L.I.) 2462 in tackling illegal mining in Ghana.
According to him, illegal mining remains an unregulated activity, and withdrawing the L.I. will have little to no impact on curbing it.
“Illegal mining is actually unregulated mining. Nobody has given permission for illegal miners to invade forest areas to mine. So, withdrawing the L.I. in any case has no effect on illegal mining.”
Hon. John Darko
Darko further pointed out that repealing L.I. 2462 does not address the root causes of illegal mining.
He insisted that the discussion should go beyond this particular legislation, as it is not the only law that permits mining in forest reserves. “This is the popular one but there are other existing laws that allow mining in forests.“
The Suame MP highlighted that the Minister for Lands and Natural Resources already has the authority to grant mining concessions, including in forest reserves, under different legal provisions.
He cautioned that merely revoking this specific L.I. would be insufficient in addressing the broader issues surrounding mining in Ghana.
Darko urged a more comprehensive approach to reviewing all mining laws instead of focusing solely on the repeal of L.I. 2462. “Let’s dig into the other laws that allow and actually warrant mining in this country.”
He emphasized that L.I. 2462 only addresses the Environmental Protection Agency (EPA) regulations, not the larger framework governing mining activities.
Need for Stronger Mining Laws
Furthermore, John Darko highlighted a critical gap in the legal framework, pointing out the lack of specific laws that hold the sponsors of illegal mining accountable.
He argued that while existing regulations address illegal mining activities, they contain loopholes that fail to target the financiers who enable the practice.
Raising the issue for consideration, he questioned whether Ghana should introduce laws explicitly designed to punish those who fund illegal mining operations, as their influence significantly contributes to the persistence of the problem.
Additionally, he criticized the government’s failure to amend the Minerals and Mining Act 703, which was last updated in 2019 and was due for another review in 2024.
He expressed concern over the absence of a dedicated legal framework for emerging minerals such as lithium, emphasizing that Ghana risks falling behind in effectively managing and benefiting from its mineral resources.
“We do not have a lithium law. We don’t have laws that would consider our interest in the emerging critical minerals across the globe. Yet we have failed to repeal the Mining Act 703, which was supposed to be repealed last year.”
Hon. John Darko
He argued that addressing illegal mining should not be reduced to political rhetoric but rather treated as a national issue requiring a bipartisan approach.
“Sometimes we make a lot of noise. Repealing this particular law is much ado about nothing,” he said, accusing the ruling NDC of using the issue as an election campaign promise.
Darko accused the NDC of attempting to fulfill campaign promises at the expense of well-thought-out legislative reforms. “But for us, laws are made to be amended and repealed based on their necessity, not political pressure.”
He argued that illegal mining, or ‘galamsey,’ has long been a national crisis, predating the passage of L.I. 2462 in 2022. “The problem they should be looking at is those who are engaging in the destruction of our forest cover and our water bodies across the country.”
Calls for National Consensus on Illegal Mining
The Suame MP also urged an end to the political divisions surrounding the fight against illegal mining, calling for a unified national approach.
He emphasized that tackling galamsey should not be a partisan issue, as allowing political rivalry to dictate the conversation could hinder meaningful progress.
He accused the ruling party of exploiting illegal mining as a political tool rather than treating it as a governance challenge.
Citing past election cycles, he pointed to the 2020 elections when, according to him, the NDC capitalized on the issue while the Akufo-Addo administration made significant efforts to combat the menace.
To ensure consistency in addressing illegal mining, he proposed that both parties collaborate on a unified policy document outlining Ghana’s long-term strategy.
He suggested that such an agreement would prevent any party from politicizing the issue when in opposition and instead encourage bipartisan support for sustainable solutions.
Regarding L.I. 2462, he expressed doubts that its repeal alone would lead to substantial environmental protection, stressing the need for a broader and more comprehensive strategy.
“Maybe, perhaps, we’ve misinterpreted that particular regulation. Does L.I. 2462 truly allow unregulated mining in forest reserves? Or was it meant to introduce stricter oversight?
“In fact, if you look at the law, it gives a lot of protection to forest areas. One of its features was to set up a steering committee that oversees and approves mining activities in forests.”
Hon. John Darko
The lawmaker also supported calls for declaring a state of emergency on illegal mining, citing widespread environmental destruction.
“Anything that will protect the environment, I will support. Let us do that. Declare the emergency and ensure that no mining activity goes on until we are sure that we will protect the environment.”
He wrapped up his remarks by urging an end to partisan disputes over illegal mining and advocating for a comprehensive, long-term national strategy.
He emphasized that while he would fully support the repeal if it could genuinely curb illegal mining, the key question remains whether it would be an effective solution.
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