Philosopher and health ethicist, Professor Caesar Atuire, has criticized contemporary mining laws, describing them as a direct extension of colonial-era legislation.
Speaking on Radio Univers’ Campus Exclusive on Friday, May 2, Prof. Atuire explained that the legal framework governing mining in Ghana was designed during colonial rule to dispossess indigenous communities of their natural wealth.
He emphasized the urgent need for a complete overhaul of these laws to reflect justice and equity.
“I use the term Obroniwawu because if you conduct a lexical analysis of our current mining laws, you’ll find a direct link to those established in the 1930s under colonial ordinances. These outdated principles still influence how we structure our laws today; that’s why I believe we need to reframe these laws, because they were originally created to deprive Ghanaians of their mining wealth. Continuing this approach amounts to practicing a form of coloniality.”
Prof. Atuire further explained that colonial powers implemented a system where the state claimed ownership of all underground resources, while locals only had rights to the surface.
“The concept of coloniality is key here; colonial governments claimed everything beneath the earth as theirs, leaving surface rights to the people. Today, our governments continue in this tradition. Worse still, the revenue generated from mining often fails to benefit the communities where the mining occurs.”
According to Article 257(6) of the 1992 Constitution, all natural mineral resources in Ghana, including those within its land, sea, and continental shelf, are owned by the state and held in trust by the President for the people.
However, Prof. Atuire underscores the persistence of colonial-era legal frameworks in managing these resources raises critical questions about equity and justice. His call for reform urges a shift toward a more inclusive and accountable system that truly serves the interests of Ghanaian communities.
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Story by: Gabriel Opoku | univers.ug.edu.gh
Edited by: Wahab Abdul Razak
