Constructing alternative interpretation: Embeddedness of illegality in small-scale mining

Abstract

This paper contributes to the debate on mining policy enforcement and compliance by investigating non-compliance with Ghana's government militarization response to illegal mining activities. Drawing on Lawrence Sherman's defiance theory and using a systematic literature review, this analysis offers an alternative explanation for the persistence and increase of illegal mining in Ghana. Through a conceptual model adapted from the four core psychological conditions of defiance theory, the paper proposes interactive pathways where militarization triggers perceptions of unfair treatment, weakened bonds with authorities, feelings of stigmatization, and denial of shame, collectively eliciting a defiant mindset among illegal small-scale miners toward compliance. A thematic analysis of the small-scale mining literature guided by this framework finds evidence that past exclusionary policies and poor state-stakeholder relationships may have kindled resistance by cultivating these proposed conditions over time. The research broadens the understanding of non-compliance in small-scale mining with relevance for other natural resource domains facing persistent non-compliance challenges. Substantively, it reveals a series of government failures to adequately engage communities and deliver on sustainable development through mining, fueling a feeling of discontent and consequently defiance. Policy-wise, the paper draws attention to widespread defiance resulting from increased militarization in Ghana. In that, it recommends a broader scope of stakeholder engagement and participation beyond the level of the immediate government agencies to include multiple stakeholders, particularly affected communities, and persons. This dual theoretical and policy contribution sheds new light on persistent non-compliance challenges in the extractives sector globally.