Deportation of Foreign Galamseyers Must Follow Due Process, Says Policy Analyst Patrick Stephenson
Policy Analyst and Youth Advocate, Patrick Stephenson, has emphasized the need for strict adherence to the rule of law in the deportation of foreign nationals engaged in illegal mining activities, popularly known as “galamsey,” in Ghana.
Speaking during a 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 cautioned against circumventing legal processes in the name of expediency or public interest.
According to him, although galamsey is undeniably an illegal activity that undermines the country’s environmental and mineral resource governance, deporting offenders—especially foreign nationals—without due process undermines Ghana’s justice system and international obligations.
“We must see galamsey as an activity that is in violation of the law,” Mr Stephenson stated. “And once there’s a crime, due process must follow. Regardless of whether the person is Ghanaian or not, the law prescribes prosecution before any form of deportation can take place.”
He cited Article 19 of Ghana’s Constitution and Section 1 of the Minerals and Mining Act, 2006 (Act 703), stressing that engaging in mining without a license is a criminal offense. He further referenced amendments made to Section 99 of the Act in 2019, which imposed stiffer penalties, including fines and prison sentences of not less than 20 years, to underscore the seriousness with which the state views illegal mining.
Mr Stephenson also took issue with recent government pronouncements suggesting that foreign galamseyers could be deported without undergoing the full rigours of the judicial process.
“We must be careful not to create a precedent where deportation becomes an administrative shortcut to avoid the cost and effort of prosecution,” he said. “Once a person is arrested, they must be taken through the courts, convicted if found guilty, and only then can deportation be considered under the law.”
He explained that Ghana’s immigration laws, including the relevant amendments, give the Minister responsible the authority to order the removal of non-citizens engaged in illegal mining. However, this power must be exercised after a court conviction.
In making a case for proper legal procedures, Mr Stephenson noted that even foreigners apprehended for illegal mining activities can challenge deportation orders if they are issued without due process. He pointed out that several cases have seen the state lose such legal battles due to failure to follow proper procedures.
He further debunked arguments that deportation without prosecution is a cost-saving measure, explaining that justice must not be sacrificed for convenience. While acknowledging the financial burden of prosecuting and incarcerating offenders, he argued that bypassing the justice system for economic reasons weakens the rule of law.
“Even if the criminal justice system has its flaws, it is what we have, and we must work within it,” he added. “There must be a special legal process to handle such cases expeditiously, but certainly not outside the framework of the law.”
Citing data from the Ghana Prisons Service, Mr Stephenson estimated that the average annual cost of incarcerating one prisoner is between GH¢6,200 and GH¢6,900. With Ghana’s prison population currently hovering around 14,000, he projected that a significant increase in convicted illegal miners—should they all be prosecuted—would place a substantial burden on the state.
Nonetheless, he maintained that the law must be respected to maintain credibility in the fight against galamsey and to avoid potential abuses of power.
