The Chief Executive Officer of the Minerals Commission, Mr. Martin Kwaku Ayisi, has emphasized that the issue of illegal small-scale mining, commonly known as galamsey, will persist until specific designated areas are allocated for small-scale miners to operate legally.
He stated that, in addition to granting licenses, it is essential to return licenses that have been revoked to their rightful owners. By doing so, these miners can be properly regulated, preventing any harm to water bodies and the environment.
While addressing the Assurance Committee of Parliament on October 7, Mr. Ayisi clarified that small-scale mining is exclusively for Ghanaians, highlighting that any foreign involvement is deemed illegal.
He pointed out that Acts 900 and 995 clearly define this restriction, stating that soliciting foreign participation in small-scale mining also constitutes illegal activity.
In contrast, large-scale mining is open to both Ghanaians and foreigners.
He elaborated on the rise of illegal small-scale mining, noting that it currently occurs in approximately 12 to 13 regions across Ghana. When he first joined the commission, only five regions—Ashanti, Central, Eastern, Western, and Upper East were involved. Although laws like the Small Scale Gold Law of 1989 and the Mercury Law were passed, they have not been implemented effectively.
The commission has also established offices in Dunkwa, Bibiani, Tarkwa, and Bolgatanga to support these efforts.
Mr. Ayisi was candid in his remarks to the committee, stating that until the underlying issues are addressed, galamsey will not cease. He referenced the historical context of small-scale mining laws, mentioning that from the colonial era through the Nkrumah and PNDC periods, lawful small-scale mining has been nearly impossible. He pointed out that over the past 30 years, successive governments have failed to create an effective framework, resulting in a lack of exploration since 1989.
“The small-scale mining is open to Ghanaians only so any foreigner who is involved in small scale is illegal. if you look at Act 900 and 995 it is even so strange that they even go ahead to say that anybody who goes ahead to solicit for a foreigner to engage in small-scale mining amounts to illegal mining. so it is strictly for Ghanaians. either a man or woman or an adult. The large scale is open to everybody either foreigners or anybody.”
Explaining what occasioned the illegal small-scale mining (Galamsey), Mr Ayisi said “Small-scale mining taking place in about 12 or 13 regions in Ghana. When I joined the commission it was just five regions – Ashanti, Central , Eastern, Western which included or covered Western North and Upper East. These were the five regions and we passed the Small Scale Gold Law 1989 and even passed the Mercuruy Law but not the way we are supposed to use it today and also the PMC Law 219, so 217, 219, 218 were passed to regulate small-scale and then we created offices at Dunkwa, Bibiani, Tarkwa and then Bolga offices
“To delve into our biggest challenge, I will be very blunt with the committee, until that problem is resolved galamsey will not end. In 1986, Prof Akilapa Sawyer, he is still alive, he was the board chair of the Minerals Commission, the CEO was Mr Kofi Ansah also alive. Right from the colonial era through out the ay Nkrumah to the PNDC era, you cant do small-scale mining lawfully so when we sold off the state-owned mines under Kwasi Botchwey because we badly managed them just like GIHOC Ghana Airways and Co, we sold Tarkwa, we sold Prestea, we sold Dunkwa Continental, Akwatia, mines all of them were sold.
“So for 30 years, three decades, government after government did not do it. I remember them, a young lawyer at the Minerals Commission, since 1989 we have not been doing exploration. So if you ask me as an officer of the Minerals Commission, 2nd April 2002, being 22 and half years now, the fundamental cause of illegal smiling or galamsey is getting a place for the miners to work. Until that is resolved we will only go around in the circus.”
Explaining how this can be done, he said “through the graciousness of the large-scale people, AngloGold Ashanti, Newmont, Gold Fields, and co, give us a place, and then we license it for them. secondly, the persons whose licenses have been canceled for want of performance, we give it to them. Number three, where by law you are given an area to explore, after three years you are supposed to give half back to the government or to the Minerals Commission so when those ones are returned they come with a surrender report, we give it back to the small scale people.
“The last one is where some of the large-scale people come to us and say we have done a lot of exploration and we want it very big so Minerals Commission, take it and give it out then quickly we plot it, designate it and give it out.”