The Role of Laws in the Fight against Galamsey in Ghana: An Exploratory Study

1. Introduction

Small-scale mining (SSM) remains a crucial segment for managing natural resources and driving economic development in tropical countries, such as Ghana, due to its positive impact (Hilson & Maconachie, 2020). In 2024, SSM directly contributed US$5.5 billion to the economy of Ghana through procurement, social investments, and revenue payments (Ghana Gold Board, 2025). SSM has an indirect role in ensuring that human fundamental necessities can be provided because it creates job opportunities, helps the residents gain income, and thus develops local spending and trade.  As explained by Musah (2025), it develops infrastructure for the local communities regarding roads and schools. Notwithstanding the advantages of SSM, the illegal activities of SSM may have detrimental effects. Illegal mining is any mining activity in prohibited areas, which may include, but are not limited to, forest reserves, game reserves, or areas around water bodies, regardless of whether a permit has been acquired or not (Hilson and Potter, 2005). Illegal mining in Ghana is referred to as “Galamsey.” Galamsey might also involve large mining companies operating illegally. Tuffuor and Takora (2024) stated that galamsey operations have dramatically increased over the years. The emergence of galamsey activities is attributed to factors such as poverty, unemployment, and high profitability of gold mining activities (Tuffuor and Takora, 2024). The dire effects of galamsey cannot be overemphasized. The activities of galamsey have adversely affected the forest cover and destroyed the ecosystem due to mining (Atta and Tinashe, 2022). Operations of the galamsey miners have contributed to massive land degradation, deforestation, the pollution of major water bodies like the Pra River, Ankobra, and Offin River, as well as the destruction of farmlands, which pose threats to livelihoods, health, and water security in the country. (Tuffuor and Takora, 2024). The adverse effects of galamsey have made the government and other actors in development, such as civil society organizations and NGOs, create and implement responses to this improper mining.

There are several laws and policies that have been formulated by the Ghanaian government in a bid to govern mining and stop illegal mining activities. These laws include the Minerals and Mining Act, 2006 (Act 703), Minerals and Mining (Amendment) Act, 2015 (Act 900), “Environmental Protection Agency Act, 1994 (Act 490)”, among others (Ayelazuno and Aziabah, 2025; Mensah-Odum et al., 2025; Asumda et al., 2024). Moreover, there are several legislative instruments that govern small-scale mining in Ghana. These instruments include all the necessary regulations needed by small-scale miners in terms of licensing and environmental protection (Ayelazuno and Aziabah, 2025). Moreover, there have been several enforcement policies initiated by successive administrations in order to enforce compliance. For example, the Inter-Ministerial Committee on Illegal Mining (IMCIM) was established in 2017 to enhance the enforcement of mining laws in the country. The government introduced a permit regime for the importation of excavators in 2025 to control the importation of heavy earth-moving equipment (MyJoyonline, 2025). The National Anti-Illegal Mining Operations Secretariat (NAIMOS) has enhanced sharing and coordination to address challenges associated with illegal mining (Ali, 2025). The government also conducts military operations against persons engaging in illegal mining activities (Ghanaian Times, 2025). The Parliament of Ghana formed the Gold Board of Ghana (GoldBod) as a regulatory body for the control of gold, to engage in artisanal gold trade, and to eliminate smuggling by serving as the solitary legal buyer and exporter (GoldBod, 2025). The government has undertaken initiatives to reclaim environmental degradation, such as the Tree for Life Reforestation Program and the Blue Water Program, alongside the regulatory initiative by the government. The imposition of a ban on mining within forest reserves has been estimated to preserve forest and wildlife as well as prevent the extinction of nature and animals (Reuters, 2025). Yet despite all measures taken by the government of Ghana to govern small-scale mining through legislation and enforcement policies, there are still cases of galamsey in various areas of Ghana.

In this regard, laws should act as essential tools of environmental protection, governance of natural resources, and social order. Good legal frameworks would ensure that illegal mining is deterred by the clarity of regulations, the credibility of sanctions, and consistent enforcement, while offering ways for legal small-scale mining to be supportive of livelihoods and sustainable development. However, the continued prevalence of galamsey insinuates that the challenge goes beyond the mere existence of laws into issues of implementation, enforcement, and coordination at the institutional level. This huge disparity between the provisions of the law and practical realities on the ground calls for a critical analysis of the role of laws in the fight against galamsey in Ghana. The reviewed empirical studies (Stærfeldt and Stacey, 2025; Arthur-Holmes et al., 2025; Bikunati, 2024; Teschner, 2012) have shown that researchers have looked into the regulatory environment, the role of institutional enforcement, and politics associated with the challenge of galamsey in Ghana. However, there is a gap in empirical research that looks into the role and effect that laws as a proactive instrument have in curbing the problem associated with illegal mining. This study maintains that it is significant to explore the application, effect, and enforcement of the law, rather than looking into the challenges associated with governance, politics, capacity, or the economic context in which illegal mining is embedded. This study, therefore, fills the gap in the literature by exploring the role of laws in the fight against illegal mining in Ghana.

2. Literature Review

2.1. Deterrence theory

Deterrence theory has its roots in classical criminology, specifically from the writings of Cesare Beccaria (1764) and Jeremy Bentham (1789), who proposed that people act reasonably and can calculate the costs and benefits associated with their actions (Bruinsma, 2018). The theory holds that individuals will refrain from a behavior if the potential costs of punishment outweigh the potential benefits (Valasik, 2014). According to the theory, the function of laws is seen not only as punishment but also as a tool of discouragement against illegal acts. At the center of the deterrence theory are three considerations: certainty, severity, and celerity (or swiftness) of punishment (Nagin and Pogarsky, 2001). Certainty pertains to the probability of being caught and punished; severity pertains to the degree of sanctions imposed; and celerity pertains to the time frame between the commission of a crime and its punishment (Nagin and Pogarsky, 2001).

There are two aspects of the theory of deterrence: general and specific. While general deterrence is the general effect of punishment from the general public, specific deterrence is focused on preventing someone who has already served punishment from reassessing their actions (Tomlinson, 2016). When it comes to illegal mining matters, the general theory of punishment should be evidenced by the influence it creates on illegal miners, while the specific deterrence of punishment would be evidenced by whether arrests, trials, and punishment prevent those who overstep the laws of mining from taking action against illegal mining.  Nonetheless, there have been criticisms of deterrence theory. Critics argue that the theory presumes that choices and decision-making are done rationally (Zagare, 1996). This would not always be the case since those who are poor and unemployed or have limited alternative sources of livelihood would not always make their choices rationally. Again, economic needs would play a greater role than any fear of legal repercussions, thus making laws ineffective in matters of deterrence.

The deterrence theory is used in this study to explore the role of laws in the fight against galamsey in Ghana. The primary role played by deterrence theory in this research involves evaluating whether sufficient disincentives are used by legal frameworks as deterrents against illegal mining activities. In particular, reference to "deterrence theory" within the framework of this research seeks to outline how effectively "certainty," "severity," and "consistency" in penal practices under existing mining legislation are used to promote compliance and serve as deterrents against galamsey. The deterrence theory provides a robust theoretical base for understanding the role of laws in the fight against illegal mining.

2.2. Galamsey (Illegal mining)

Artisanal and small-scale mining (ASM) is prevalent in several parts of the world, especially in Africa and Latin America (Hilson, 2017). Approximately 30 million people in more than 70 countries are engaged in artisanal and small-scale mining (Owusu et al., 2019). The role and function of Artisanal and Small-scale Mining (ASM) are generally viewed as informal and poor labor-intensive activities involving primitive forms of mineral extraction practices with risky work conditions and low capital requirement (Teschner, 2012). Abandonment by the government and lack of enforcement of mining laws and regulations have led to illegal mining activities being widespread in Africa (Bikunati, 2024).

In Ghana, illegal mining activities are referred to as “galamsey.” Galamsey refers to unauthorized artisanal small-scale gold mining in Ghana (Teschner, 2012). This illegal activity involves untrained individuals excavating the earth and filtering soil and water using rudimentary tools to extract gold. In most cases, this is done with inappropriate methods and tools, such as soil excavators and grinding mills (also referred to as ‘Chamfi’) to cut down trees and destroy soil structure (Teschner, 2012). Other illegal miners excavate alluvium from riverbeds. The excavated soil is washed to reveal nuggets of unrefined gold, causing streams and rivers to become polluted and excessively muddy. In Ghana, over 1 million people are involved in artisanal and small-scale mining activities, and 85% of these miners are involved in illegal mining activities (Hilson and Osei, 2014). Illegal small-scale mining in Ghana is degrading the environment, compromising public health, exacerbating water scarcity, and harming agricultural areas and crops, including cocoa (Tuffuor and Takora, 2024). As a result, extensive measures have been implemented against all related artisanal and small-scale mining activities across the country. A recent initiative titled #StopGalamsey was initiated by City FM, a local radio station in Accra, with the support of the Ghana Journalists Association (GJA), think tanks, civil society organizations (CSOs), and non-governmental organizations (Hilson, 2017). The government prohibited any ASM operations from March 2017 to December 2018 due to such campaigns (Owusu et al., 2019). The restriction is clearly part of the comprehensive top-down formalization policy enacted by the government to address the socio-environmental challenges associated with artisanal and small-scale mining (ASM) and to ensure that the sector fosters sustainable development (Atta and Tinashe, 2022).

2.3. Laws in the Fight against Galamsey

Laws in the fight against galamsey range and refer to the regulatory documents and statutes that have been put in place and formulated, and enforced by the Ghanaian government (Ayelazuno and Aziabah, 2025; Asumda et al., 2024). It also refers to statutes that have been used in the fight against illegal mining activities and that have been enacted and enforced through various documents and regulations that have been established and legislated by the government of Ghana. Among the statutes mentioned are the Minerals and Mining Act, 2006 (Act 703), the Amendment Act, 2015 (Act 900), and the Environmental Protection Agency Act, 1994 (Act 490) (Ayelazuno and Aziabah, 2025; Mensah-Odum et al., 2025; Asumda et al., 2024). These laws are created to establish a governable limit defined by separating legitimate and illegitimate mining operations, which acts as a frame for law enforcement (Asumda et al., 2024). Also, the laws stipulate measures, such as penalties and sanctions consisting of fines, jail terms, and the confiscation of equipment, which operate as a deterrent for illegitimate mining, just like a deterrent law. Thirdly, these laws stipulate licensing procedures for small-scale mining operations, which seek to formalize unofficial miners and ensure responsible mining (Mensah-Odum et al., 2025; Asumda et al., 2024). Conceptually, therefore, the laws in the fight against galamsey are multi-dimensional-regulatory, punitive, and preventive. They exist within a broader socio-economic and governance context in which capacity for enforcement, institutional coordination, and community engagement drive effectiveness.

2.4. Empirical review

Stærfeldt and Stacey (2025) studied environmental governance and political contestation in contexts of illegal small-scale gold mining in Ghana. The findings showed that illegal mining activities lead to a systematic degradation of the natural environment. However, the efforts of the Environmental Protection Agency (EPA) in dealing with the galamsey and protection of the environment are shaped by the political compromise among the principal political parties and other governmental bodies. From a political settlement perspective, the authors noted that various state actors reaping short-term benefits from the informalization of natural resource governance, a lack of inclusive consultation and orientation processes aimed at systematically mitigating environmental damage, and the politicization of illegality make it difficult for the Environmental Protection Agency (EPA) to enforce compliance with existing laws. Also, Teschner (2012) examined the small-scale mining system and shows that registered and unregistered actors operate not only in parallel but are actually intertwined and highly dependent on one another.  It was revealed that the perceived dichotomy of formal and informal actors in the sector does not actually exist. The sector has instead evolved into a highly intertwined group of semi-formal sectors operating with varying degrees of legal registration. The authors concluded that political leniency and law enforcement corruption have resulted in a booming small-scale gold system under poor government control. Auther-Holmes et al. (2025) also examined whether the small-scale mining licence is a means, an end, or both, given the tilted focus and over-emphasis on the mining licence in ensuring responsible ASM in Ghana. The findings showed that mining licences and environmental protection in ASM are deeply politicised and narrowly discussed. Further, our findings reveal a lack of discourse around the operating permits to improve environmental indicators. The discussion among most policymakers and key stakeholders, including parliamentarians, tends to present the mining licence as an end in itself and view it as sufficient to eliminate informalities in ASM and ensure environmentally sustainable mining practices. On the contrary, we argue that the small-scale mining licence is merely a means, providing a process through which, along with permits such as environmental and water use permits, an operating permit can be secured before any ASM activities begin. The operating permit serves as both a means and an end in itself, providing environmental directives for miners to engage in mine waste management practices and land reclamation activity after mine closure. Bikunati (2024) examined the regulatory framework within which gold mining activities can take place by focusing on Damongo. The study provided insights into the deficiency in regulatory practices with respect to monitoring and enforcing mining regulations effectively, through which environmental degradation and mining activities continue in an illegal manner despite environmental and mining regulations.

The review has shown that researchers have looked into the regulatory environment, the role of institutional enforcement, and politics associated with the challenge of galamsey in Ghana. However, there is a gap in empirical research that looks into the role and effect that laws as a proactive instrument have in curbing the problem associated with illegal mining. This study maintains that it is significant to explore the application, effect, and enforcement of the law, rather than looking into the challenges associated with governance, politics, capacity, or the economic context in which illegal mining is embedded. Furthermore, the findings from existing studies have criticized mining and environmental permits on the basis that they are politicized and have been inadequately operationalized; however, there is limited evidence on how these environmental laws and permits are actually used as deterrent measures. So, the imbalance is in understanding their immediate utility in regulating mining activities and discouraging illegal mining.

3. Methods and Materials

3.1. Research Design

The study employed an exploratory qualitative research design. An exploratory study design was employed, given that other studies have found that illegal small-scale mining activities are a rather complicated phenomenon that adversely depends on socio-economic, political, as well as institutional variables (Bikunati, 2024; Stærfeldt & Stacey, 2025). An exploratory research design was appropriate because of the nature and focus of the research, which aimed to gain a deeper understanding and insight into the role played by laws within the fight to eliminate galamsey in Ghana from the perspective of stakeholders who interact directly with the processes of implementing laws. In light of the complexities involved in the activity of illegal mining and a lack of empirical research addressing how laws regulating mining and environmental processes actually work on the ground within communities, an exploratory design became relevant for gaining a deeper understanding into meanings, perceptions, and realities that may not be easily quantifiable by research methods and techniques that seek to explore without applying pre-defined interpretations and hypotheses to research subjects and questions. In essence, the design became relevant for helping to investigate perceptions within communities towards the efficiency and effectiveness of laws and law implementation processes without applying preconceived notions and interpretations within research frameworks.

3.2. Study setting

The investigation was carried out in four districts in Ghana that had been heavily impacted by galamsey activities. The districts were Amansie West in the Ashanti region, Prestea Huni Valley in the Western Region, Aowin in the Western North District, and Twifo Atti Morkwa in the Central Region. These districts were picked out due to the extent of illegal mining activity, the number of current intervention operations, and the availability of strong leadership that would provide a conducive environment for assessing the phenomenon under study (Owusu-Nimo et al., 2018). The researchers spent a 12-week field trip to the selected districts in the period from May to September 2025. The researchers dedicated their time to each district to observe the situation of illegal mining, interact with the local leaders, and comprehend the role of the law in the fight against illegal mining. This extended involvement was recommended by Lincoln and Guba (1985), and as a result, it contributed to the data's trustworthiness.

3.3. Participants and sampling technique

The population in this study consisted of key stakeholders who are involved in the regulation, enforcement, or practice of mining in Ghana, especially those who are influenced by or are responsible for responding to the problem of galamsey. In particular, the population consisted of officials from the Minerals Commission, who are in charge of regulating formal small-scale mining; members from the Environmental Protection Agency (EPA), who are responsible for the enforcement of environmental statutes; law enforcers who are engaged in anti-galamsey campaigns; traditional authority figures as well as individuals from local communities who are major influencers in managing natural resource commodities in these communities; as well as small-scale miners who are both formal and informal/illegal miners. This population was selected since there has been identification in previous research on first-hand knowledge, experience, as well as perception on the efficacy of laws in regulating galamsey and forcing compliance by these groups of stakeholders, respectively by Bikunati (2024), Stærfeldt & Stacey (2025), as well as Arthur-Holmes et al. (2025).

The technique used for selecting the participants was purposive sampling. The purposive sampling technique was used on the rationale that information-rich cases are needed in order to obtain rich insight. Purposive sampling is a technique commonly used in exploratory research inquiry, especially where research targets are qualitative and are neither for precision nor generalizability (Tajik et al., 2025). In particular, using purposive sampling for research participants ensured consideration of both procedural and operational viewpoints as they intersect within government institutions and among miners within formal and informal mining structures and systems.

The sample included 35 participants. This was made up of 12 regulatory and enforcement officials and 8 community leaders and traditional authorities, in addition to 15 small-scale miners. Sample size was determined by the principle of thematic saturation, whereby further interviews were carried out until no new variations on themes emerged. This is in tandem with previous empirical work carried out within the Ghanaian mining industry, which indicates that the sample size should range from 25-40 to ensure that data is collected exhaustively without posing any constraints to fieldwork study (Bikunati, 2024; Hilson et al., 2024)

There were practical considerations that guided the process of recruiting participants. First, contact was made through official means, such as letters to institutions including the Minerals Commission and the EPA offices located in the districts that were chosen. Social contact, including reaching community leaders and miners, was performed through acknowledged approaches such as involving gatekeepers like village chiefs, assembly members, and recognized mines cooperatives; this is followed best practices when one is to conduct their research work among the communities that have been influenced by mines (Stærfeldt and Stacey, 2025). There were considerations to ensure equality among the participants based on gender, age, and the legal status of the mine workers.

3.4. Data collection tool and process

For this research, a combination of semi-structured interviews, FGDs, and document analysis was used. Through this, a wide array of well-rounded information was gathered regarding the role of laws within the anti-galamsey campaign. Semi-structured interviews were the major data collection method for gaining information from the regulatory authority, the police, and community leaders. The interview guide was constructed based on the research aims and the theory of deterrence, covering essential points like the understanding of the mining legislation, the process of enforcement, the problems encountered during the enforcement of legal sanctions, and the sense of the effectiveness of the law to prevent galamsey activities. Semi-structured interviews gave the interviewees the flexibility to talk further about their experiences and facilitated the researchers to ask questions that arose during the interview process. These interviews took approximately 45-60 minutes to conduct and took place in an office, community hall, or other appropriate and secluded sites to make the interviewees comfortable to talk freely.

Focus Group Discussions (FGDs) were carried out among small-scale mine operators to know their views on mining legislation, their knowledge of law enforcement activity, and the role of law penalties as a deterrent. The FGDs were divided into groups of 5 mine operators in a way as to promote active participation as well as allowed each one of them to contribute effectively. A discussion guide assisted in conducting the FGDs using open-ended questions on subjects like knowledge of mine licensing laws, knowledge of law enforcement activities, and the role of law penalties as a deterrent effect on mine operators. The duration of conducting the FGDs was approximately 60-90 minutes.

Analysis of documents was also done for important legal documents involving laws and statutes such as the Minerals and Mining Act (2006; Act 703), the Minerals and Mining Amendment Act (2015; Act 900), as well as environmental laws and policies in reports and documents on enforcement and policies for a comparative measure to determine how effectively or ineffectively these laws serve as deterrents in practice compared with their purposes as determined by opinions from key participants and focus-group discussions.

Data was collected using a sequential and systematic process. Permission was sought from relevant authorities and gatekeepers to collect data from miners and other relevant participants. Interviews were conducted with official invitations extended to relevant persons from official correspondence, such as official letters that were followed up with official mails at the necessary times for research interviews to be conducted. Field participants were requested to participate through relevant approaches that included persons from their local setups such as local chiefs and assembly members to obtain relevant persons to participate in research. Data was collected over a period of six weeks depending on need for revisit interviews where necessary.

3.5. Data analysis

The analysis of the data followed the six stages of thematic analysis as proposed by Braun & Clarke (2021). The researchers began the analysis with data familiarization. At this stage, the researcher listened to the audio recordings of the data over and over to ensure that they were familiar with the data. After this, the researchers transcribed the audio verbatim. The researchers then read through the transcribed data or the transcript a number of times to be familiar with the data. Initial codes were highlighted by identifying significant statements, phrases, or observations from the transcribed data. The researcher searched for connections between these codes in an attempt to begin organizing the extracted information into potential themes. The researcher analyzed the codes derived from the data to determine the accuracy, coherence, and consistency. Similar codes were then combined into themes, and an appropriate name was given to each theme. The researcher ensured that the codes and the themes were a true representation of the collected data. The researcher later refined and redefined the themes to clear ambiguities and maintain clarity among the themes. The researcher finally constructed the report using the results from the analyzed data, as findings were written coherently, along with quotes, as a means of giving a meaningful representation. During the procedure involved in analyzing, care was taken to maintain authenticity in the stories told by the participants.

3.6. Ethical consideration

Ethical clearance was obtained from the relevant institutional review board before proceeding to collect data. Participants were aware of the nature of the research, their voluntary participation, as well as their right to privacy. Data was also anonymized and stored in a secured environment. Another important guideline for this research is that done for conducting research within mining governance that takes into account guidelines for protecting the participant and the researcher from potential dangers, specifically within those regions influenced by galamsey activities (Hilson et al., 2024).

4. Findings

4.1. The role of law in the fight against galamsey in Ghana

The themes under this objective are grouped into knowledge and awareness of laws, perceived deterrent of legal sanctions, consistency of law enforcement, impact on mining activities, and community engagement in the implementation of the law.

4.1.1. Knowledge and Awareness of Laws

A major theme that emerged from the study pertains to the knowledge, understanding, and awareness of the mining and environmental laws of the miners as well as the community members. This study showed that the participants had different levels of knowledge and understanding of the laws that govern the activities of small-scale miners in Ghana. This is evident, for example, when this miner remarked:

"I know that we, too, are not allowed to mine without a permit, but we do not really know what the law says regarding penalties for mining and imprisonment. We just heard that it is not allowed." [Miner, 03]

In fact, community leaders indicated weaknesses in public awareness as well. The following is an account by a traditional leader:

"Many do not understand the rules that exist in the community. For them, mining is a means of survival, and the law is something very distant from their reality." [Community Leader 02]

Regulatory officials, however, emphasized ongoing education and sensitization, criticizing a few challenges in making sure that all stakeholders were correctly informed. As one official indicated:

"We do awareness campaigns, but even among the miners, there is still a low level of understanding, especially in the remote areas. Some think that it is only a law if you get caught." [Regulatory Official 01].

This theme suggests that the limited legal literacy, knowledge, and understanding among miners reduces compliance and undermines the perceived deterrent impact of laws.

4.1.2. Perceived Deterrent of Legal Sanctions

Another major theme was the role of deterrence offered by sanctions against galamseyers (individuals who engage in galamsey). There were divergent views about what should be used as sanctions: fines, imprisonment, or seizing equipment. Many of the miners also agreed that even if sanctions had been imposed, they had no actual efficacy due to the poor implementation, as well as the fact that mining is highly lucrative. One of the miners said;

"We know that if we get caught, we can get fines or prison, but sometimes the police or the officials don't come for months. So it doesn't really stop us from mining." [Miner 07]

In an FGD, a group of miners spoke about how short-term gains always seemed to outweigh the fear of punishment:

“Even if they say that the law is strict, we make money daily. It is worth the risk because sometimes some of our people who get caught later get away scot-free; nothing happens to them.” [FGD-Miner 05]

Additionally, community leaders took into consideration the deterrent effect that the matter had on them:

“People know that the law exists, but they feel it is selectively enforced. Some miners are persecuted while some are ignored.” [Community Leader 04]

Regulatory authorities recognized the problems that might arise in promoting the effectiveness of the sanctions as genuine deterrents:

“We have defined legal punishment, but it’s hard to enforce. A lack of resources, corruption, and political considerations may impair the deterrent effect.” [Regulatory Official 03]

As made clear in this theme, even though the legal penalties exist, the deterrence effect is affected by the lack of consistency in punishing offenders and the effects of socio-economic factors. In addition, miners also consider, apart from the presence of the law, the odds of getting arrested and the gains that can be derived from ignoring the law. The results show that greater effectiveness can be attained by making the law more consistent and ensuring the certainty of the law to prevent galamsey activities.   

4.1.3. Consistency of Law Enforcement

The participants raised concerns about the consistency in enforcing the laws in dealing with galamsey. The participants expressed that the effectiveness of the mining and environmental protection laws not only relied on their formulation and enactment, which had been done, but also on the consistency of their enforcement. However, several individuals believed that the enforcement of the law lacked consistency. During the interview, one of the miners had this to say;

“Occasionally, they come and hold us back, smash the machines, and then arrests occur. However, after some time passes, all goes well again since no one comes back again. [Miner, 9]

Such an attitude was reinforced during the focus group interview, during which miners analyzed the patterns of law enforcement:

“There is no consistency. Today they say stop, tomorrow nobody is there. So people feel the law is not serious.” [FGD-Miner 03].

Community leaders also raised their concerns about selective law application and what this might imply for the legal system. One of them stated;

"When you enforce the law one day and then disregard it the next, people begin to lose respect for it. They think it is who you know that matters." [Community Leader 05]

Inconsistent application from a regulatory authority viewpoint was rationalized in terms of the following logistical and institutional factors:

“We are trying to impose the law, but because of resource constraints and the human element, it is difficult to have continued vigilance in all the mines."[Regulatory Official 04].

This theme illustrates how the irregular application of the law affects the role of law in regulating and deterring activity, as illegal miners often behave in ways that are shaped by experiences with law enforcement rather than by the law itself.

4.1.4. Impact on Mining Activities

Another major theme that emerged from the data was the impact of mining and environmental laws on the realities of mining, particularly the effect of these factors on the reduction of galamsey activities. The participants reported that, to some degree, the impact of the laws had influenced the changes in the way mining was carried out.

Some miners admitted that the enforcement actions have changed them. One of them said:

"They come and grab the machines or arrest people, and we stop for a while. But after a while, people find a way to go on." [Miner 09].

This notion was echoed in another focus group discussion in which adaptive approaches to enforcement were mentioned in response to questions in a discussion among miners:

“Now, people mine at night or go to hidden places. The legislation has affected how we mine, without completely ceasing our mining activities." [FGD-Miner 06].

What was noticed by community leaders was that the legal intervention led to short-term disturbances but did not result in any long-term modifications because:

"The operations reduce galamsey for a short period, but it comes back again. The law has not taken the practice of galamsey out of the community." [Community Leader 01].

Regulatory officials similarly acknowledged that enforcement usually led to the displacement, rather than eradication, of illegal mining operations:

"What we see is that miners relocate when enforcement increases. The laws have some impact but do not stop galamsey." [Regulatory Official 06].

This theme shows that even though regulations exist in respect of galamsey activities, there has been less success in quitting these activities totally. It seems that this policy serves as a regulating force in influencing these activities, acting as a behavior change but not a definitive policy in stopping illegal mining. The observations revealed that a policy may not be adequate on its own in influencing a decrease in the activities of galamsey.

4.1.5. Community Engagement in the Implementation of the Law

The study also found that community participation in law implementation has an important impact on law effectiveness in addressing the problem of galamsey. The respondents indicated that the degree of community participation in law implementation had been an important determinant of how community members regard the law. 

In an interview, a community leader was quoted:

“When the community is not involved, people see the law as something that comes from Accra. They don’t feel responsible for enforcing it or obeying it.” [Community Leader 06].

Miners also revealed that the lack of consultation and participation made them less committed to the compliance efforts. A miner said:

"Nobody talks to us before the operations. They just arrive with soldiers and machines. Therefore, after they are finished, everyone goes back to mining." [Miner 04].

This view was reinforced by a focus group where miners talked about the lack of local communication as follows:

"If the chiefs and opinion leaders are involved, people will listen. But when it is only the government people, the law does not work." [FGD-Miner 04].

The regulatory body acknowledged that public participation was important, and it pointed to the following difficulties that it faces in maintaining public participation:

'''We try to involve community leaders, but sometimes there is resistance or fear of backlash. Still, without community support, enforcement becomes difficult.'' [Regulatory Official 05].

This illustrates that a mediating role of community participation exists within laws, as it affects both law compliance and the law enforcement process.

4.2. The challenges faced in enforcing these laws and ensuring compliance among small-scale miners

4.2.1. Institutional and Resource Limitations within the Enforcement of Law

A dominant theme that emerged under this objective was institutional and resource constraints faced by enforcement agencies in implementing mining and environmental laws. Participants widely acknowledged that although legal frameworks existed, the capacity of state institutions to enforce them effectively was significantly limited by inadequate resources, logistics, and personnel.

Regulatory officials have highlighted that, indeed, the enforcement agencies did not have the needed tools to sustain operations against galamsey. According to one official:

"We do not have enough vehicles, equipment, or personnel to monitor all mining areas. When the law is even clear, it becomes hard to enforce without resources." [Regulatory Official 05].

The concerns expressed by these stakeholders were echoed by law enforcement officers, who pointed out that their capabilities had been hampered by a lack of logistics:

“Sometimes we may wish to undertake an action, but it is impossible to act due to the lack of fuel, vehicles, or allowances for the officers. Hence, enforcement is carried out from time to time but not as regularly as expected.” [Law Enforcement Officer 02].

These issues have also been identified by miners during the focus group discussion, as they ponder upon the enforcement deficit as follows:

"It is because the officers cannot be present everywhere that people engage in galamsey. We know that they don't have sufficient resources to go after everyone to be everywhere at the same time."[FGD-Miner 07]

The interviews in the communities also brought out how the lack of institutional presence weakened the force of the law in the following ways:

"When the enforcement agents appear occasionally, people do not take the law seriously. They feel the government is not serious about it." [Community Leader 08].

This shows how the institutional capacity aspect is very crucial with regard to the efficiency of legal enforcement as an effective method of deterrence.

4.2.2. Corruption and Political Interference in Law Enforcement

According to the participants, corruption and political interference significantly influence the effectiveness of the law in dealing with galamsey. Across all groups, participants reported that bribery, political influence, and favoritism greatly undermined the application of the law in an impartial manner and weakened the role it can play in helping to address galamsey activities.

Several miners spoke openly about how bribery affected enforcement outcomes. One miner explained in an interview:

"Sometimes when the officers come, money is exchanged, and they go. Then after that, mining goes on as if nothing happened." [Miner 14].

This view was reinforced in a focus group discussion, in which the galamseyers collectively recognized the significance of informal payments:

“This practice of informal payments has been around for many years. The most important thing is to have a little money; if you know the right person, the problem is solved. Therefore, people are not afraid of the law.” [FGD-Miner 06].

The community leaders also highlighted the impact of political influence that safeguards the illegal miners against punishment:

"Some people are protected because they are connected to politicians. When that happens, the law becomes selective." [Community Leader 09].

The officials from the regulatory authority confirmed the influence of politics, which impeded the regulatory officials from enforcing the law effectively in the following way:

“There are occasions when we are advised to tone down or disengage from certain operations, depending on political reasons,” he said. [Regulatory Official 01].

The emergence of this theme reveals that corruption and politics can impair the credibility and legitimacy of legal enforcement and cause laws to be transformed from an impartial regulatory mechanism into a selectively applied one.

4.2.3. Economic dependence on galamsey 

Another overwhelming theme arising from the data was livelihood dependence on galamsey, which greatly compelled most of the decisions of illegal miners to violate mining laws in spite of being aware of their illegality. Illegal mining, according to participants, was described as a form of survival, particularly among most communities with minimal employment opportunities.

During an interview, one miner explained:

"We are aware the law says we are not supposed to mine here, but if we just stop, there is no alternative work. This is how we feed our families." [Miner, 11].

This is supported by a focus group discussion among miners reflecting on the reality that drives a lack of compliance:

“If you don’t mind, you don’t eat. The law cannot replace our livelihood, so people will continue mining.” [FGD – Miner 10].

The leaders in the communities realized the conflict between legal obligations and the need to survive economically:

“Everybody knows the law, but poverty is greater than fear. Until there are alternatives, galamsey will remain.” [Community Leader 10].

The regulatory officials also identified livelihood pressures affecting enforcement as follows:

"Arresting miners will not solve the problem if there are no alternative job sources. Many return to mining after serving their punishment." [Regulatory Official 10].

These narratives emphasize that economic necessity can impair the deterrent effect of the laws, since economic necessities can be more significant than the fear of punishment. Despite the existence of legal awareness, it is difficult to comply with the laws if mining is the main source of economic sustenance.

4.2.4. Social and Cultural Norms Influencing Compliance

The findings indicated that attitudes regarding galamsey activities and pressures towards mining regulation in mining communities were determined by social and cultural conventions. The respondents indicated that group influence and acceptance by their communities and mining groups make some individuals engage in illegal mining.

One miner described how peer influence affected decision-making in an interview:

"When everyone around you is mining, it becomes normal. If you stop, people ask why you are behaving differently." [Miner 02].

This perspective was further reinforced in the discussion during one of the focus groups, in which miners described galamsey as an activity socially embedded:

"In this community, mining is what people do. It is not seen as a crime here; it is part of our life." [FGD-Miner 13]

Additionally, the leaders reportedly recognized the regularization of illegal mining as a practice within the local social structures.

"Some families have been mining there for many years. It’s part of the culture, so it’s hard to alter through legislation." [Community Leader 11].

Officials from the regulatory body mentioned the challenges that informal mining structures presented:

“Miners work in organized groups. The miners give each other a warning if teams of law enforcement officials are approaching them, making it difficult for law and order officials to enforce. [Regulatory Official 12].

This theme highlights the significance of the fact that community norms and the natural social networks are capable of overcoming legal rules, and therefore, the strength of the legal systems in bringing modifications to behavior has decreased.

4.2.5. Coordination and Gaps among Policies of Enforcement Agencies

It was also discovered that there was a lack of coordination and inconsistencies in the policies of the agencies involved in the enforcement of the mining and environmental laws. The respondents identified that several agencies were engaged to help fight galamsey, but their activities lacked coordination and were driven by various mandates.

The regulatory authorities expressed that institutional duplication of efforts and a lack of coordination presented significant challenges. One of them said;

"A lot of agencies are involved, and sometimes we are not all working together. Each institution has its own mandate, and that causes confusion on the ground." (Regulatory Official 13)

This was echoed by law enforcement agents, who highlighted the following challenges in such operations:

"There are times when we move in without the other agencies being notified. Without coordination, enforcement becomes weak." [Law Enforcement Officer 05]

During one of the focus group discussions, miners described how these institutional gaps were exploited:

"The moment one agency comes, then we know which rules they can actually enforce. When another agency is not there, people take advantage of that." [FGD-Miner 15].

Community leaders also commented that unclear responsibilities reduced accountability:

"When enforcement fails, nobody knows which institution to blame. That makes the law look weak." [Community Leader 12].

This theme established that institutional fragmentation and policy incoherence weaken the operational strength of laws, thus galamsey activities persisted notwithstanding their prohibition by law.

5. Discussion

The study explored the role of laws in the fight against illegal mining in Ghana. The findings indicated that knowledge and awareness about existing legislation among both miners and communities were very minimal. The findings show that the majority of the individuals are aware that galamsey is an illegal activity; however, they did not know much about mining requirements, rules, and consequences. The limited understanding of the illegal miners of the existing laws that impede the ability of the law to deter galamseyers from continuing their activities. Furthermore, those who were aware of the laws and understood the dictates of the law noted that the capability of the law to deter illegal mining is minimal. Many respondents indicated that fines, prison sentences, and confiscation of mining equipment only work for a short while and cannot deter illegal mining in the long run. The majority of the illegal miners find solutions to the security operations by finding new locations to mine while law enforcement is not constant. The impact on respondents about their experience with law enforcement on the interpretation and enforcement of mining rules indicated that enforcement is inconsistent and uneven, which gives room for illegal miners to operate. The findings of the study resonate with those of existing studies on galamsey in the Ghanaian context in that the legal frameworks do not effectively contribute to the fight against illegal mining. Previous studies, such as Ampaw et al. (2023) and Kessey et al. (2013), have identified that even though the Minerals and Mining Act and the environmental laws regulate the phenomenon, the lack of effective application obstructs the effective management of the phenomenon of galamsey in the country. The lack of effective application of the regulations in managing the phenomenon of galamsey in the country is vindicated in the study on the lack of effective application of the regulations.

The findings of this study showed that in some cases, there was selective enforcement that affected the impartialness of the law and thus its efficacy. The implementation of the law led to a change in the behavior of illegal miners, but it was not able to lead to a change in galamsey activities. Osei-Kojo et al. (2016) showed that the exclusion of stakeholders in the implementation of laws on illegal mining diminishes legitimacy and compliance. In this study, community involvement in the implementation of laws was observed to affect compliance. It is clear that when communities are educated and taken into consideration in implementing laws, there tends to be better compliance in that community. Similarly, there is less compliance when communities are not involved or considered, or educated in the existing laws on illegal mining. It was observed that community members felt that laws actually came from outside, and hence, there is no compliance with them. The narratives by the participants indicated that the involvement of community leaders and traditional leaders leads to greater compliance among local illegal miners. Thus, the lack of involvement of local community members and local authority figures in the enforcement of the ban on galamsey limits compliance among miners.

The study further observed some challenges encountered during the enforcement of mining legislation and environmental law with regard to compliance by small-scale miners. The results showed that the institutions tasked with the enforcement of laws banning galamsey are faced with major challenges. These challenges include inadequate personnel, a lack of equipment, as well as logistical support, which made it difficult for them to monitor mining without hitches. Corruption was also mentioned as an aspect that hinders the entire process of law enforcement. The findings reveal that most of the officers responsible for field patrol receive money from illegal miners and turn a blind eye to their activities. Further, some of these galamseyers have affiliations with influential politicians who intervened and shielded illegal miners from the law. The existence of bribery, nepotism, and political affiliation was regarded as a negative factor affecting the credibility and effective application of the law.  Further, the economic reliance on galamsey for living made the situation more complex. Many miners were still participating in illegal mining activities since it provided them with the main income, and the hardships of living often outweighed their fear of law punishment. Besides, the social and cultural aspects influenced the entire scenario of legal compliance. Illegal mining was among the people's accepted practices, and the peer pressure and informal network influence made the law opposing galamsey less powerful. The result has also reiterated the literature (Aziabah et al., 2024; Asori et al., 2022), which has cited political meddling, corruption, and protection racketing as major factors that impede the efforts of the government in dealing with galamsey activities. Also, Afriyie et al. (2016) and Andrews et al. (2015) indicated that the economic dependence caused by the lack of alternative means of living due to poverty has been an important driving factor despite the existing ban and awareness of illegality. Also, a lack of coordination and policies in the regulatory institutions acted as an obstacle in the enforcement process. The respondents mentioned that there are gaps in policies and interactions between institutions, which allow loopholes for exploitation by miners.

Overall, these results highlight the complexity involved in the enforceability process, taking into consideration factors in an institutional, political, economic, and social context. These findings support the past findings, considering the notion that corruption, lack of resources, and poor governance structure impede laws in successful compliance in relation to small-scale mining (Bikunati, 2024; Stærfeldt and Stacey, 2025; Auther-Holmes et al., 2025). The findings of the study closely relate to the principles of the Deterrence Theory. This theory suggests that individuals are more likely to obey the law if there is a clear possibility of severe punishment. In this research, it was indicated that while punishment for an offense against the law of illegal mining involves fines, prison terms, and confiscation of working equipment, its effectiveness in serving as a deterrent is low because of the lack of uniform punishment. This notion has been contradicted by the assertions made by the respondents, indicating that galamseyers can avoid prison terms because of the intervention of politicians. The results of the study indicated that, in most cases, the enforcement measures resulted in mere temporary changes in behavior rather than a complete shutdown of galamsey. Thus, the ascribed severity of sanctions proved to be less strong than the economic incentives. Furthermore, the presence of illegal mining as a part of everyday life in the communities resulted in the social perception of the law being considerably reduced, which is a prerequisite for effective deterrence. Wherever the communities were not involved in the enforcement processes, legal sanctions were regarded as imposed from outside and unjust, which further reduced their deterrent effect. To sum up, the findings suggest that the basic conditions that are necessary for effective deterrence are largely missing in the control of galamsey in Ghana, and hence, the power of mining and environmental laws to alter conduct in an enduring way is very much limited.

6. Conclusion

The study explored the role of mining and environmental laws in dealing with galamsey in Ghana. The results obtained from the study show that, although there is an effective legal framework in place for supervising and regulating small-scale mining, the effectiveness in regulating and controlling illegal mining activities is limited. The lack of knowledge of existing laws on the part of the mining community, selective enforcement, limited institutional capacities, and poor cooperation between institutions affect the ability of the law to ensure and sustain control and regulation in mining operations. The study showed that factors including corruption, political power, financial dependency on galamsey, and societal and cultural norms impede the effectiveness of the law against illegal mining. In addition to the above-mentioned, the research demonstrated that the legal measures only led to the miners changing their behavior for a short time and not quitting galamsey. Furthermore, the factor "community participation" was highlighted as the most significant factor affecting compliance, and it was found that more adherence was observed where local actors were informed and engaged in law enforcement.

The present study adds to the literature by demonstrating with empirical evidence from communities how mining and environmental laws work in practice and not just theoretically. Thus, the study deepens the understanding of the gap between legal frameworks and the realities of enforcement in Ghana’s struggle against illegal small-scale mining. What distinguishes the research is the thorough exploration of legal effectiveness, enforcement issues, and socio-economic and community relations, which provides a full picture that is not limited to policy analysis and demonstrates the actual law practice. The common findings indicated that the ability of the laws to curb the problem of galamsey is affected by factors not only contained in the laws but also by the environment within which the laws are enforced. The study concludes that the laws alone are unable to end illegal mining in Ghana unless supplemented by interventions.

7. Recommendations

Based on the findings, the study suggests that the fight against galamsey in Ghana should transition from the mere existence of legal provisions to substantial practical implementation. There should be continuous education and awareness creation to increase the knowledge and understanding of the miners and local communities on environmental law and the obligation it imposes.  The law enforcement agencies should be well-equipped in terms of personnel, logistics, and operational support to truly provide consistent and even-handed enforcement throughout the mining areas. The anti-corruption and anti-political interference measures should be fortified in order to make law enforcement more credible and legitimate. It is necessary to encourage greater community participation in the enforcement of mining laws, especially by the participation of traditional rulers and local community leaders in the decision-making and overseeing the processes. Furthermore, the changes in the policy should focus on making the granting of licenses easier and improving the communication between the different agencies in order to close the gap in the regulations. Lastly, the programs for providing alternative sources of income should be broadened to cover the economic reliance on galamsey because tackling the root socio-economic factors is vital for the enhancement of compliance and the strengthening of the role of the law in the fight against illegal mining in Ghana.

Author Contributions: All authors contributed to this research.

Funding: Not applicable.

Conflict of Interest: The authors declare no conflict of interest.

Informed Consent Statement/Ethics Approval: Not applicable.

Declaration of Generative AI and AI-assisted Technologies: This study has not used any generative AI tools or technologies in the preparation of this manuscript.