On the 23rd and 24th of September, The Democracy Hub, a Ghanaian civil society organization led by Oliver Baker Vormawor, planned a demonstration to highlight the detrimental effects of illegal mining, or galamsey, in Ghana. The group notified the police of their intentions, as required by Article 21(1)(d) of the 1992 Constitution. The demonstration was scheduled to take place at the #37 interchange in Accra, Ghana’s capital city.
However, when the police demanded a change of venue, the organizers refused. This led to the arrest of about 39 protesters. They were charged with conspiracy to commit a crime, unlawful assembly, causing public disorder, and obstructing public officers in the performance of their duty. Despite the police being informed of the protest in advance, their attempt to secure an ex-parte injunction failed.
The protesters were held in police custody and later remanded for 12 days awaiting judgment. This incident incited outrage among youth activists, lawyers, parliamentarians, and other stakeholders. Two petitions were subsequently filed to the Commission on Human Rights and Administrative Justice, urging an investigation into the alleged abuse of the protesters’ rights. This led to the emergence of the #FreeTheCitizens movement, which calls for the immediate release of the detained protesters and for prosecution efforts to focus on the illegal miners damaging the environment.
The escalation in illegal mining activities, including those involving foreign actors, has transformed it into a severe issue threatening Ghana’s water resources. Experts predict that if these activities continue unchecked, Ghana may need to import water by 2030.
The handling of the detained protesters raises significant concerns regarding constitutional violations. They reportedly spent over 48 hours in custody without bail and were denied basic necessities such as food and water. Oliver Baker Vormawor was allegedly denied medical attention despite being ill. These actions seem to contravene the rights to dignity, equality before the law, and fair trial as enshrined in Articles 15, 17, and 19 of the 1992 Constitution.
This situation throws the powers, limitations, and responsibilities of the police into sharp relief, questioning whether the rule of law and constitutional rights can be upheld. The incident is a stark reminder of the ongoing struggle for human rights in Ghana, even as the nation commemorates significant historical milestones. For further details, you can view the full story here.