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Enforce Mining Laws, Not Expedient Deportations – Policy Analyst Urges Government

6 months ago
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Enforce Mining Laws, Not Expedient Deportations – Policy Analyst Urges Government

Policy Analyst and Youth Advocate, Patrick Stephenson, has urged authorities to prioritise strict enforcement of Ghana’s mining laws over the routine deportation of foreign illegal miners, warning that bypassing due process undermines the rule of law and sets a dangerous precedent.

Speaking during the NorvanReports and Economic Governance Platform (EGP) X Space discussion on the topic “Mining, Power and Protectionism: Who Really Benefits From the Deportation of Foreign Galamseyers?”, Mr Stephenson emphasised that Ghana’s legal framework provides adequate punitive measures for both Ghanaian and foreign offenders involved in illegal mining.

“We’re dealing with multiple vested interests. Even if the LI is withdrawn today, we cannot afford to relax,” he said. “Policy engagement, advocacy and civic participation must remain constant given our current governance architecture.”

Referencing amendments made to Ghana’s mining laws in 2019, Mr Stephenson expressed satisfaction with the severity of the legal provisions, noting that both Ghanaians and non-Ghanaians found culpable face significant fines and custodial sentences.

“There are thousands of penalty units, and violators risk 10 to 15 years of imprisonment,” he explained. “So whether you are Ghanaian or not, if you engage in illegal mining, the law is clear on the punishment.”

He criticised recent suggestions from some government officials that deportation was a more cost-effective and efficient solution due to weaknesses in the judicial system, describing such arguments as flawed and contrary to legal standards.

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“The notion that our criminal justice system is compromised and, therefore, deportation is easier is not grounded in law,” he said. “Even deportation itself can be challenged in court, and it must follow due legal process.”

According to Mr Stephenson, a deportation order issued without establishing guilt through proper legal channels is subject to litigation, stressing the need for legal conformity regardless of the offender’s nationality.

“We have public policy interests, yes, but those cannot override due process. The existing law is clear on deportation procedures, and it would make far more sense for us to apply them rigorously,” he added.

Mr Stephenson’s comments underscore growing concerns among policy experts and civil society actors about the government’s approach to tackling illegal mining, especially in light of ongoing debates around the controversial LI 2462, which permits mining in Ghana’s forest reserves.

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