Is a licence for small-scale mining a means, an end, or both? Politics of ASM formalisation and environmentally-responsible mining in Ghana

Legal and regulatory frameworks for the formalisation of artisanal and small-scale mining (ASM) in Ghana are widely misunderstood, misinterpreted in policy and regulatory contexts, and skewed in leading public discourse. Consequently, this situation has led to disproportionate attention being paid to the roles of mining licences and operating permits in tackling environmental challenges in the sector. This paper critically examines the ASM policy intervention, asking 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. Our research findings, based on analysis of expert interviews and secondary data, reveal 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.