‘An instruction to permit the commission of a crime’ – Prof Appiagyei-Atua challenges mining directive
A Professor of International Law and Human Rights at the University of Ghana School of Law has challenged a mining directive described by the GoldBod CEO as permitting criminal conduct.
Professor Kwadwo Appiagyei-Atua, an International Law and Human Rights expert at the University of Ghana School of Law, has criticized a recent mining directive. The GoldBod CEO had expressed support for the directive, which permits unlicensed mining in areas not designated as water bodies, forest reserves, or roadside locations.
Prof Appiagyei-Atua rejected the notion that the directive is an "instruction to permit the commission of a crime," stating that it would carry a minimum 15-year mandatory sentence for a Ghanaian. The professor's dispute centers around the sequence of mining and licensing as dictated by law: one must register prior to mining, not the other way around.
Citing sections 9 and 82 of the Minerals and Mining Act of 2006, he reiterated that land ownership does not exempt the requirement for statutory authorization. The issue extends beyond simply the geographical constraints placed by the directive. Prof Appiagyei-Atua argued that even areas not classified as water bodies, forest reserves, or roadside locations would still be unlawful to mine without an environmental permit.
While the article supports initiatives for the formalization of small-scale or artisanal miners, it insists on the importance of lawful measures. The professor identified potential pathways including expedited registration procedures, designated mining areas, and district licensing support. He emphasized that a regularization process cannot "retroactively cure a completed offence."
The professor cautioned that miners who rely on an official assurance might still face prosecution, as this assurance alone is not a defense. Furthermore, he pointed out that officials who enable unlawful mining operations could also be liable, potentially facing charges for aiding and abetting. The article concludes with a call to legal resistance against illegal mining activities, with Prof Appiagyei-Atua reiterating the stance against galamsey.
Written by urgent.news from MyJoyOnline Ghana's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
