The Repeal of L.I. 2462: A False Dawn in Ghana’s War Against Galamsey?
The repeal of Legislative Instrument 2462, the controversial regulation that vested in the President the authority to approve mining licenses in forest reserves, has been hailed in some quarters as a victory in Ghana’s long struggle against illegal mining, popularly known as galamsey. At first glance, this legislative reversal appears to signal progress—a symbolic triumph for civil society coalitions, environmental advocates, and all who have raised their voices against the plunder of Ghana’s green belts. Yet, to pause and reflect is to recognize that this repeal, while significant, is far from the decisive breakthrough it is being celebrated as.
The menace of galamsey is not merely about the felling of trees or the encroachment on forest reserves. It is about poisoned rivers that millions depend upon for drinking water, diverted waterways that disrupt ecosystems and livelihoods, and arsenic-laden soils that leave behind a legacy of congenital and chronic health conditions in mining-prone communities. It is about the corruption, rent-seeking, and institutional complicity that fuel the illegal trade. To frame the repeal of L.I. 2462 as a victory is to mistake a skirmish for the war itself.
Indeed, galamsey is not a fight, nor even a battle. It is a war—one that has persisted for decades, corroding the moral fabric of governance, tainting the most revered elements of nature, and poisoning the very sources of life. To celebrate prematurely is to pat ourselves on the back while the enemy remains entrenched—on the shoulders of our roads, beneath our railway lines, and in the very rivers that sustain us. The repeal of L.I. 2462 may close one door of presidential discretion, but it leaves wide open the deeper structural and institutional weaknesses that have allowed galamsey to thrive.
The next frontier, therefore, must be bolder. Ghana must confront the reality of over 2,000 mining licenses already granted within forest reserves. Revoking these concessions and purging the remnants of miners who have burrowed deep into the forests, is the true test of political will. The question is whether the government’s anti-galamsey taskforces—NAIMOS, the Blue Water Guards, and other security outfits—are adequately equipped, resourced, and insulated from political interference to carry out this herculean task. Without such capacity, the repeal risks becoming a hollow gesture.
President Mahama has already ruled out the option of declaring a state of emergency, a move some argue could have provided the legal and operational latitude to confront the menace with the urgency it demands. Yet, without such extraordinary powers, can the state truly wage war against what has become the people’s and the environment’s number one enemy? Galamsey operators have shown themselves capable of mounting violent resistance, and any serious campaign against them must anticipate and prepare for such pushback.
Beyond enforcement, the legislative framework itself remains problematic. The parent Minerals and Mining Act (Act 703), 2006, still permits mining in forest reserves, provided it is deemed “sustainable.” This loophole has allowed large-scale mining concessions to extend into ecologically sensitive areas, undermining the very spirit of conservation. The repeal of L.I. 2462 does nothing to address these entrenched operations. Amending Act 703 to explicitly prohibit mining in forest reserves, regardless of scale or sustainability claims, is the next herculean task if Ghana is to safeguard its natural heritage.
Finally, the question of institutional accountability looms large. If the President no longer holds the authority to approve mining in forest reserves, where will the buck stop? Will it be the Minister of Lands and Natural Resources, the Environmental Protection Agency, or the Forestry Commission? Whatever replaces L.I. 2462 must provide clarity, transparency, and accountability in the licensing process. Without this, the repeal risks merely shifting discretion from one office to another, perpetuating the same cycles of opacity and rent-seeking.
In the end, the repeal of L.I. 2462 should not be mistaken for victory. It is, at best, a tactical retreat by the forces of impunity, and at worst, a symbolic gesture that distracts from the deeper war that must still be fought. The real victory will come only when Ghana decisively revokes destructive concessions, strengthens its institutions, closes legislative loopholes, and mobilizes the full arsenal of state and civic power to reclaim its rivers, forests, and future. Until then, the war against galamsey rages on.
