Lessons from 4 countries that have implemented artisanal and small-scale mining formalisation programmes and Ghana's proposition
Sammy Gyamfi
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Lessons from 4 countries that have implemented artisanal and small-scale mining formalisation programmes and Ghana's proposition

1. Columbia: In the year 2022, Columbia passed Law 2250, which established a special framework for the legalisation and formalisation of artisanal and small-scale miners in Columbia. 

Under Article 4 of the law, traditional miners are required to file an application to begin the legalisation and formalisation process under the Comprehensive Mining System. 

Traditional miners who apply for legalisation and formalisation under the law are exempted from criminal charges for unauthorised mining under the Permanent Directive 2014 of the Ministry of Defence.

The implementation of the formalisation program, under the leadership of the Ministry of Mines and Energy of Columbia, is projected to continue through 2026. 

See https://www.bu.com.co/en/insights/noticias/single-mining-legalization-and-formalization-plan

2. Mongolia: In 2017, the Mongolian government revised its ASM regulations enabling artisanal and small-scale miners to operate legally. 


Subsequent policy assessments confirmed that registered partnerships and cooperatives became recognised legal operators.

Mongolia’s ASM formalisation involved identifying artisanal and small-scale miners known locally as “Ninja miners”, compiling their details and organising them into partnerships and cooperatives. 

Mongolia’s ASM formalisation initiative has been commended by the United Nations Environment Programme (UNEP). In a June 2012 published case study, the UNEP concluded as follows:

“Overall, the development of the ASGM legal framework process has shifted from shock and denial to a realisation of its strong contribution to rural economic development and employment creation supported by a timely political will. The implementation of a project committed to supporting artisanal mining helped to pioneer best practices in pilot sites in improving miners’ organisations, technologies, safety, and the environment, which helped as advocacy cases for what a properly regulated and organised ASGM sector can do. With a legal framework, the Mongolian ASGM sector is on the move towards formalisation, with more government agencies getting actively involved in the sector.” 

See https://www.responsiblemines.org/wp-content/uploads/2018/05/Case_Studies_Mongolia_June_2012.pdf

3. Peru: In 2012, the Peruvian government established REINFO (Registro Integral de Formalizacion minera), which means Comprehensive Registry for Mining Formalisation; a national register for gathering and verifying the identities and mining details of informal artisanal and small-scale miners.

In July 2025, 50,565 artisanal miners were removed from the registry for non-compliance, while 31,560 miners received an exceptional extension to continue their formalisation process through to December 31, 2025 under Law 32213.

The new Small-scale and Artisanal Mining Law (MAPE) of Peru allows successfully formalised miners under the REINFO, 18-24 months for consolidation and integration under the new legal regime. 

See https://www.bnamericas.com/en/news/reinfo-set-to-end-perus-government-proposes-new-small-scale-mining-framework

4. Tanzania: ASM formalisation in Tanzania involved identifying artisanal and small-scale miners, registering eligible operators, allocating recognised mining areas to eligible miners and issuing Primary Mining Licenses to eligible artisanal and small-scale miners. 
 
The ASM formalisation Programme in Tanzania received a major boost in 2016 under the leadership of President John Magufuli, who directed the government to give existing informal artisanal and small-scale miners more mining opportunities. 

In all, over 5000 new mining groups were formed while existing mines continued operations with the aim of being formalised. 


This initiative led artisanal miners to form groups, supported them through geological and technical assistance and established model ASM Centres of Excellence and mercury-free processing centres. 

The 2023 Tanzania Extractive Industries and Transparency Initiative (EITI) report confirmed 29 designated small-scale mining areas across six (6) zones, with Primary Mining Licences providing a legal operating route. 

See https://eiti.org/documents/tanzania-2022-2023-eiti-report

Ghana's proposition

Under the responsible Cooperative Mining and Skills Development Programme (rCOMSDEP), Ghana seeks to:

* register eligible informal artisanal miners into cooperatives under the Department of Cooperatives;

* provide eligible artisanal miners undergoing cooperative registration with training on sustainable mining practices, mercury-free processing, land reclamation, and environmentally-friendly mining practices;

* facilitate the full formalisation and licensing of registered cooperatives within a six (6) month period; and 

* direct registered cooperatives into suitable mineralised areas approved by the Minerals Commission, Environmental Protection Agency, the Water Resources Commission and the Ministry of Lands and Natural Resources, for responsible mining. 

The rCOMSDEP initiative, which is being championed by the Ministry of Lands and Natural Resources, has been approved by Cabinet and provided for in the Amendment Bill to the Minerals and Mining Act currently before Parliament. It is expected to complement the government’s fight against illegal mining through the NAIMOS, enhance environmental protection and create sustainable jobs for the teeming unemployed youth. 

To qualify for registration under the rCOMSDEP, an artisanal miner must not be operating in an area encumbered by a mineral right and in areas that negatively impact water bodies, forest reserves and communities. 

The Ghana Gold Board, in line with its statutory mandate under section 3(1)(f) of ACT 1140, to “promote the formalisation of the small-scale mining industry”, is collaborating with the Ministry of Lands and Natural Resources to support the successful implementation of the rCOMSDEP. 

Under its ASM Formalisation and Financing Support Program (FFSP), the GoldBod, in partnership with the University of Mines and Technology, will provide financing support in the area of geological investigations, concession viability, equipment financing, land reclamation, mercury-free processing and other forms of capital and technical support to licensed small-scale miners and licensed cooperative mines beginning in 2027. This initiative perfectly aligns with the 2024 manifesto of the NDC on the mining sector. 

Conclusion

Despite the teething problems that have bedevilled the implementation of ASM formalisation initiatives in the four (4) countries I have outlined above, significant successes have been achieved that offer useful lessons for the implementation of Ghana’s rCOMSDEP. 

With bipartisan support and inputs from industry stakeholders, civil society, religious organisations, opinion leaders and Ghanaians as a whole, the rCOMSDEP coupled with the enforcement efforts of the NAIMOS, will be instrumental in enhancing sustainability in the minerals and mining ecosystem of our beloved country, Ghana. 

I hold the view that properly organised artisanal and small-scale mining offers one of the clearest pathways from mineral ownership in law to indigenous ownership in practice. Supported by sound formalisation and modern technology, the sector can optimise recovery rates, improve safety, enhance environmental protection, create productive employment opportunities for Ghanaians, generate foreign exchange, strengthen reserves, grow indigenous enterprise and advance national development sustainably.


The author is Sammy Gyamfi Esq, Chief Executive Officer - Ghana Gold Board