Rivers poisoned with mercury and farmlands caving into dangerous pits tell a story of a nation under strain. Illegal mining, or galamsey, has for some years now, been described as an existential threat to Ghana. The water bodies are polluted, farming livelihoods have been destroyed, and some communities face severe health and economic risks. Yet despite repeated calls for a declaration of a state of emergency in the affected areas, no government has declared one.
The issue is no longer whether galamsey is a crisis. That is now widely accepted. The more pressing issue is why governments consistently hesitate to invoke the extraordinary powers that the Constitution itself allows.
What a State of Emergency Means
A state of emergency is a constitutional tool that allows the President to respond to a crisis that threatens the existence of the State or a part of it. Article 31 of the 1992 Constitution provides that the President, acting with the advice of the Council of State, may declare a state of emergency by proclamation. Parliament must then be informed immediately of the facts and circumstances, and within seventy-two (72) hours, it must decide whether the proclamation should remain in force. Without approval, it lapses after seven (7) days.
If approved, it remains in force for three (3) months, subject to extensions of one (1) month at a time. Parliament also retains the power to revoke the declaration at any time. The Constitution lists natural disasters and situations that deprive communities of the essentials of life as examples of when such powers may be used.
Another important point is Article 31(10). It says that once an emergency is declared, laws passed to deal with the situation will not be struck down simply because they limit human rights, provided the measures are reasonably necessary to manage the crisis. Put simply, the Constitution allows the Government to take steps in an emergency that it normally would not be allowed to take.
Article 32 then introduces safeguards. Persons detained under emergency laws must be informed in writing within twenty-four (24) hours of the reasons for their detention. Their families must be notified, their cases must be reviewed by a tribunal of judges within ten (10) days, and they must be allowed access to a lawyer. Lastly, monthly reports must be submitted to Parliament and published in the Gazette and the media.
The International Law Dimension
It must be noted that declaring a state of emergency is not just a domestic matter. Ghana is a party to the International Covenant on Civil and Political Rights (ICCPR), an international human rights instrument adopted by the United Nations. The Covenant guarantees rights such as the right to life, the right to dignity, freedom of expression, freedom of assembly, and recognition before the law.
Article 4 of the Covenant recognises that in times of public emergency which threaten the life of the nation, States may suspend some of these rights. Such suspension must be strictly necessary, proportionate, and non-discriminatory. Certain rights, however, cannot be suspended, including the right to life, the prohibition of torture and slavery, and freedom of thought and religion.
One important feature is that any State that declares a state of emergency must notify the United Nations Secretary General. The notification must specify the rights that have been suspended and the reasons for the suspension. This requirement ensures international oversight and attention whenever a state takes such a step.
Galamsey: A National and Existential Threat
The effects of galamsey on Ghana’s environment and society are severe. Rivers that supply water for domestic use and farming are contaminated with mercury and cyanide. Cocoa, one of the country’s economic pillars, is under threat as fertile farmlands are destroyed. Communities are left without safe drinking water or secure livelihoods. Beyond the environment, the fight against illegal mining has claimed the lives of both ordinary citizens and public officials, including ministers of state and security officers.
Arguably, the devastation caused by galamsey fits the description in Article 31 of circumstances that deprive communities of the essentials of life. By this standard, the calls for a state of emergency are not without constitutional basis.
A Pattern of Reluctance
Over the years, both government and opposition have raised their voices against galamsey. At various times, political actors have urged the declaration of a state of emergency in the most affected areas. Yet when in office, governments of different political traditions have refrained from taking that step.
This is not a matter of party position but a recurring pattern of reluctance. To some extent, it suggests that the hesitation stems not from partisan preference but from the constitutional, political, and international consequences that follow such a declaration.
Why Governments Hesitate
Several reasons can explain this consistent caution:
- Political Consequences
Declaring a state of emergency may be seen as a public admission that the existing legal framework and Government policies have failed. For any government, that is a heavy political cost. In a political environment where almost every issue is quickly turned into partisan ammunition, a declaration could be used against the government or its party sooner or later. Faced with that prospect, leaders may choose to avoid triggering such a delicate mechanism altogether.
- International Obligations
By declaring an emergency, Ghana would trigger obligations under the ICCPR, including notifying the United Nations of the rights it has suspended and the reasons for doing so. This step immediately attracts the attention of the international community and places Government actions under a spotlight. Any missteps in the use of emergency powers could draw criticism, damage the country’s reputation, or even affect diplomatic and aid relations.
- Too Much Exposure
A state of emergency comes with a constitutional duty of regular reporting. Each month, the Government must account to Parliament and publish details in the Gazette and the media, including the number of people detained. This level of mandatory disclosure ensures transparency, but it also exposes Government actions to constant scrutiny. That prospect may discourage leaders from invoking emergency powers in the first place.
- ‘Adequate’ Existing Legal Tools
Ghana already has an array of laws to regulate mining and protect the environment. These include the Minerals and Mining Act, environmental protection laws, and the Criminal Offences Act. Governments can and often do rely on these frameworks to argue that the tools are available, and that the real challenge lies in how they are used rather than in their absence.
- Enforcement Capacity
Also, it is argued that a declaration of emergency would not change who enforces the law. The same police, military, regulators, and local authorities would still be in charge. Thus, if these institutions are weak or compromised, the declaration risks being only symbolic. The real solution lies in strengthening institutions and ensuring accountability.
Conclusion: The Unresolved Question
The challenge is therefore not whether galamsey is a crisis, but whether it meets the constitutional and political tests of an emergency. The hesitation of successive governments points to the difficulty of balancing constitutional thresholds, international obligations, and practical enforcement.
The real question remains: how far must the destruction go before the country considers it an emergency in law as well as in fact? Until that is answered, Ghana continues to live with a problem that many agree threatens its very foundation.
