Available Legal Regime and The Use of Mercury for Small-Scale Gold Mining in Ghana

Abstract

The aim of this study was to examine the effects of mercury (Hg) and available laws to regulate its use in the Artisanal and Small-Scale Gold Mining (ASGM) Community in Ghana. Research shows that the use of Hg in the ASGM causes damage to the cognitive and neurological function of the miners, as well as to the physical and mental disabilities to children in the ASGM communities. Furthermore, number of publications also shows that the use of Hg causes significant damage to water bodies and the environment in most mining communities. Additionally, in an attempt to protect the environment from these high levels of Hg in these mining sites and beyond, has led to some conflict and military intervention. Even though, Ghana has adequate laws to regulate Hg use by reducing and where feasible eliminate the use of Hg for small-scale mining. However, due to some legal limitations to the current situation there is the need to amend some of these laws to help address these challenges. In addition, certain policies, technological and educational initiatives taken to address the use of Hg in our environment, have proven largely ineffective. The results of this study shows that the implementation of mining regulation without careful analysis of mine community dynamics, the organization of activities, operators’ needs and local geological conditions has resulted in some challenges. However, significant improvements can only be achieved in this area if the state and the organs of government tackle the illegal mining “galamsey” menace; introducing cost-effective techniques for the reduction of the use of Hg in mining; effective government sponsored participatory training exercises as mechanisms for communicating information about appropriate technologies and the environment; and strengthening compliance and enforcement of existing laws. In conclusion there is the urgent need to properly regulate the use of Hg in mining communities in Ghana.