Sammy Gyamfi Esq. Writes: Lessons From Four (4) Countries that have Implemented Artisanal and Small-Scale Mining (ASM) Formalization Programmes and Ghana’s Proposition

1. Columbia

In the year 2022, Columbia passed Law 2250 which established a special framework for the legalization and formalization 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 legalization and formalization process under the Comprehensive Mining System.

Traditional miners who apply for legalization and formalization under the law, are exempted from criminal charges for unauthorized mining under the Permanent Directive 2014 of the Ministry of Defense.

The implementation of the formalization program, under the leadership of the Ministry of Mines and Energy of Columbia, is projected to the year 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 formalization 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 formalization initiative has been commended by the United Nations Environment Program (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 realization of its strong contribution to rural economic development and employment creation supported by a timely political will. The implementation of a project committed to support artisanal mining helped to pioneer best practices in pilot sites in improving miners’ organizations, technologies, safety, and environment which helped as advocacy cases for what a properly regulated and organized ASGM sector can do. With a legal framework, the Mongolian ASGM sector is on the move towards formalization 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 Formalization; 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 formalization process through to December 31, 2025 under Law 32213.

The new Small-scale and Artisanal Mining Law (MAPE) of Peru, allows successfully formalized 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 formalization 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 formalization Programme in Tanzania received a major boost in 2016 under the leadership of President John Magufuli who directed the government to give to 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 formalized.

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 centers.

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 formalization and licensing of registered cooperatives within a six (6) months period; and

* direct registered cooperatives  into suitable mineralized 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 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 formalization 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 Formalization 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 2027. This initiative perfectly aligns with the 2024 manifesto of the NDC on the mining sector.

CONCLUSION

Despite the teething problems that have bedeviled the implementation of ASM formalization 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 bi-partisan support and inputs from industry stakeholders, civil society, religious organizations, 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 organized artisanal and small-scale mining offers one of the clearest pathways from mineral ownership in law to indigenous ownership in practice. Supported by sound formalization and modern technology, the sector can optimize 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.

SIGNED.

SAMMY GYAMFI ESQ.

CHIEF EXECUTIVE OFFICER

GHANA GOLD BOARD