Is ‘shoot-to-kill’ healthy for Ghana’s democracy?
The debate that has greeted the contentious ‘shoot-to-kill’ call by the First Deputy Speaker of Ghana’s Parliament, Hon. Joseph Osei Owusu as a strategy to deter illegal miners will not end any time soon. While his suggestion may have been occasioned by a genuine frustration with the threat illegal mining (galamsey) still pose to sustainable development and survival of Ghana, the concern is whether his position is justifiable within the context of what has been achieved since the renewed anti-galamsey campaign in 2017.
Since 2017, several illegal miners have been jailed while many others are currently facing trial. Some of the successful convictions sampled include “thirteen (13) illegal miners jailed 39 years for illegal mining in the Atiwa forest (citifmonline.com), three (3) illegal miners jailed 12 years in addition to GH₵108,000 fine slapped on them (starrfmonline.com) and two (2) illegal miners sentenced for five 5-months jail term (AdomOnline.com). Several mining equipment have also been seized with some reported deaths of illegal miners. For now, it appears there is little basis to doubt in particular, the resolve of the Judiciary in this crusade. But, can the Judiciary lead Ghana to victory against illegal mining?
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The Judiciary has made a Vow for 2018
In her New Year message to the Judicial Service of Ghana, Her Ladyship The Chief Justice, Justice Sophia A.B. Akuffo said, “[…] it is my expectation that in 2018, our Environmental Courts will hand down decisions that will provide the strongest indication of our commitment to the fight against illegal extraction of natural resources and other human activities detrimental to our environment […] in the interest of our democracy and the health of our nation” (The Judicial Digest. December, 2017. Vol. 7).
This statement exudes confidence and underscores the vital role of the Judicial Arm of Government in rooting out illegal mining in Ghana. The Chinese Ambassador (China) “has urged the Government of Ghana to take all the necessary steps to arrest and prosecute any Chinese national who engages in illegal mining that destroys water bodies and farmlands” (dailyguideafrica.com). In this regard, the arrest and prosecution of illegal miners remains the preferred option. But, will shooting poor illegal miners address the problem?
Shoot-to-Kill may be targeting only poor labourers
It is instructive to note that many development actors have advised that the fight against illegal mining should also be targeted at the kingpins – chiefs, politicians, and not just the labourers who are found in the galamsey pits. At least, having served Mother Ghana for years as a teacher in Tarkwa, I dare say these are not the only faces behind illegal mining in Ghana. The worry is, if illegal mining has partly flourished because of some powerful interests, why do we shoot and kill our young brothers and sisters, while the rich and powerful people are left off the hook. Human life is sacred. It is not for nothing that security officers are allowed under the law to shoot only when there is objectively reasonable belief that their lives or life of another innocent party is under threat. Indeed, in the instances that lives of illegal miners have been taken by the Operation Vanguard, they happened under such conditions (as we are made to believe). This is the best approach.
Shoot-to-Kill will increase high death rate
Already, there is no sweetness here. Too many needless deaths occur every day in Ghana. For instance, a total of 2,076 and 2,084 people needlessly lost their lives through road accidents in 2017 and 2016, respectively. In every 100,000 live births, 319 expectant mothers unfortunately lose their lives in Ghana.
The mortality rate of Ghana is already too high.
Indeed, apart from corruption perception and low GDP, high mortality played a critical role in why Ghana ranked 131st happiest country to live in out of 155 countries according to the World Happiness Report 2017. In this regard, adopting a shoot-to-kill policy will further increase the mortality rate of Ghana. It is sad to relate that some of the countries Ghana managed to outshine only include Burundi, Rwanda, Yemen, Tanzania, South Sudan and the Central African Republic, countries that have been scarred by civil wars. Given that thousands of young men and women are found in illegal mining, we can only imagine the number of lives that will be taken in a typical day by Operation Vanguard.
Further, a shoot-to-kill policy will not be in the interest of our democracy and the health of our nation. This can easily turn into guerrilla warfare and derail the peace of Ghana. There are millions of unlicensed guns in Ghana. In guerrilla warfare, the strongest may not necessarily emerge the victor. It is everyone’s game, particularly as other factors such as tactics and knowledge of the terrain play a critical role.
The Way Forward
The Mo Ibrahim Foundation in 2017, called for vigilance on the continent’s future. In this regard, issues of human security and rights cannot be taken for granted. While the shoot-to-kill ‘call’ demonstrates a frustration with the threat galamsey poses to the development of Ghana, what about directing same to the root cause of illegal mining - poverty? A key aspiration of many Ghanaians, of improved quality of life remain largely unmet because economic and social interventions have not achieved the desired goals. This is part of the reason why illegal mining could not be contained when it started because it contributed to jobs and foreign exchange.
I led the implementation of several social interventions and research actions at the Institute for Democratic Governance (IDEG). In mid-2015, Tarkwa and Prestea Huni-Valley for instance had not received their allocations under the Minerals Development Fund for 2012. The story is similar for other funds such as the District Assemblies Common Fund. How can these District Assemblies truly champion development that transforms the local economies when they are literally starved? The Parliament of Ghana must therefore seek to ensure that several development interventions, including those specifically meant to provide alternative livelihoods for illegal miners are properly implemented to address the socio-economic issues. While the presence of a parliament is not synonymous with democracy, democracy cannot exist without a parliament. Democracy is about development. Parliament must not betray the trust or confidence of the people in the face of the growing developmental challenges.
In the meantime, the role of the Judiciary would remain very crucial. Fortunately, there is no cause for worry. In the 2017 UN Human Rights Report on Ghana, the Judiciary was praised for instance, for automated courts and random selection of judges which are curbing judicial corruption in Ghana. The public confidence in the judiciary is growing again and the courts can deal with issues of illegal mining. It is also possible that, going forward any death of an illegal miner in the hands of the Anti-Galamsey Task-Force would be interpreted differently. In this regard, Operation Vanguard would have to be mindful of human lives.
Written by:
Cosmos Kwame Akorli – Development Consultant & Active Citizen of Ghana
Email: [email protected]; Whatsapp: +233 - 243023896
