What started as a #StopGalamseyNow movement, aimed at protesting illegal mining in Ghana, has now morphed into the #FreetheCitizens movement to demand the release of about 54 protesters arrested by the Ghana Police Service on September 22 and 23, 2024.
These arrests, which police justified as being for unlawful assembly among other charges, have ignited public outrage. The hashtag #FreetheCitizens is now trending on social media and fuelling a national conversation about the right to protest and the government's laidback approach to fighting illegal mining, commonly known in Ghana as Galamsey.
The protest, organised by the civil society group, Democracy Hub, was said to form part of efforts by civil society organisations and groups to compel the government to take decisive action against illegal mining.
For years, illegal mining has plagued Ghana, ravaging farmlands, contaminating water bodies and posing severe risks to environmental sustainability and public health. Experts have repeatedly warned of the risk of importing water due to impending water shortage and the Ghana Water Company Limited (GWCL) has raised alarms about the declining quality and quantity of raw water available for treatment, causing erratic water supply in parts of the country.
Illegal mining has also wreaked havoc on vast hectares of forest reserves, further compounding the environmental crisis.
Despite the clear environmental and public health threats, the government's approach to curbing galamsey has been criticised as inadequate, particularly since some well-known members of the government were named on different occasions as being involved in the activity and have not been held accountable.
Excesses and authority's high handedness
In July 2024, Democracy Hub announced a three-day peaceful protest, scheduled from September 21 to 23, 2024, invoking Article 21 (1) of Ghana's 1992 Constitution, which guarantees freedom of speech and the right to protest. Organisers claim to have notified the Ghana Police Service about three months in advance of the protest as required by law. However, the police, citing the Public Order Act (Act 491), obtained a High Court injunction to prevent the protest from taking place at the Revolution Square, opposite the Jubilee House, the seat of government. The police proposed alternative routes, but protest leaders rejected these, arguing they were irrelevant to the demonstration's core message. In turn, Democracy Hub proposed six alternative routes, including the 37 Military Hospital area, a stone's throw from the presidency.
On September 21, the protesters hit the streets. The protest was initially peaceful, with the police earning plaudits from several social media users for their professional handling of the situation. Things however took a dramatic turn in the latter stages. Some of the protesters blocked some parts of the road and started burning flags of the ruling New Patriotic Party. This led to their arrest. A number of excesses followed and the police responded forcefully arresting at least 54 protesters.
Following the arrests, 39 protesters were arraigned before the Accra circuit court, where they were denied bail. They are being remanded in custody for 12 days awaiting their judgment.
Many human rights and press freedom activists have bemoaned the "long days" of remand as excessive and high-handed.
While commending the police for professionalism and restraint, the Ghana Journalist Association (GJA) denounced the remanding of the protestors.
"We also believe that remanding the protesters for two weeks is too extreme and does not send positive signals when it comes to protecting human rights. As a result, we add our voice to calls on the government, police, and the judiciary to take steps to release the protesters immediately," said Albert Dwumfour, GJA President, at the Association's journalism awards event on September 28.
Allegations of human rights violations
Lawyers and relatives of the arrested protesters have accused the police of holding them without food, access to legal counsel and family visits before their court appearances - a violation of Article 14(2), Article 19(2)(e) and Section 38(4) of the 1992 Constitution and the Prison Service Act.
Although the Ghana Police Service has issued a statement refuting allegations of starving the protesters, the concerns of mistreatment continue to fuel public outcry.
Like the protesters, their lawyers were oblivious to the charges for which the protesters were arrested until they arrived in court, denying them the opportunity to adequately prepare their defence.
Prince Ganaku, one of the lawyers representing the detained protesters, revealed that some protesters were not arraigned before the court within 48 hours in contravention of Article 14(3) of the 1992 Constitution.
"We don't even know if everybody was arraigned but we know at least two people were not arraigned and the reason we don't know if everybody was arraigned is because we have to know the full number of people that were arrested then we can say of this full number of people that were arrested you only brought this number to court.
"And the reason that is important is because it is entirely possible that some people may have been arrested and they will slip through the cracks and be forgotten. And we wouldn't even know to chase after them or look for them because their family doesn't know where they are, we don't even know that they were part of the protesters", he lamented.
Ganaku added that although the legal representatives have written to the Ghana Police Service on two occasions, the service has yet to furnish them with the names of protesters arrested and arraigned before the court.
Aside from the lawyers, Amnesty International Ghana has also written to the Inspector General of the Ghana Police Service to request the full names of the arrested persons and where each person is stationed. The human rights organisation has also decried the reported violation of the rights of the protesters.
More troubling are reports that the police moved the protesters between detention facilities, leaving the relatives and lawyers of the protesters in the dark about their whereabouts while some protesters who have not been found guilty are being held in prison custody.
Disturbingly, one of the arrested protesters, Priscilla Toboli, who suffers from multiple health conditions, including asthma and diabetes, was reportedly denied medication and family visits, according to her brother, Akwesi Addo.
"I received a call and the person mentioned his name as Inspector Ken and that he was speaking from the National Police Headquarters. He told me that my sister wasn't fine so we should come to check up on her as a family. I got to the National Headquarters and I was denied access to her. I called the number for [sic] several times.
I went to the Kaneshie Police Station and the station officer told me that specific instructions had been given that they should not be granted access to any family member, not even a lawyer. I made them aware that my sister is diabetic. I made them aware that she is asthmatic. I told them that she had glaucoma, so she would need her drugs. They said no", he told Accra-based Metro TV in an interview.
Priscilla had only been recording the protest on TikTok when she was arrested, but she is being "treated as if she was some sort of criminal or someone who committed any heinous crime in this country".
Additionally, Oliver Baker-Vormawor, a leading member of Democracy Hub has fallen ill following his arrest and has since been receiving medical attention. Another key member, Benjamin Akuffo Darko, who was coordinating food supplies and other essentials for the protesters, was arrested on September 25, 2024, despite being absent from the protest grounds. There are also reports of bystanders and passersby being caught in the police dragnet.
All those apprehended face various charges, including causing unlawful damage, offensive conduct conducive to breach of peace, assault of a public officer, defacement of a public notice, conspiracy to commit crime and unlawful assembly.
While some actions by the protesters crossed legal boundaries, the police response has been widely criticised by civil rights organisations, political leaders and citizens alike, as indiscriminate and amounting to human rights violations.
In relation to the arrests, the Centre for Democratic Development (CDD) condemned the act by the police, referring to it as excessive and illegal control tactics.
"These actions violate the detainees' fundamental human rights and undermine the rule of law in Ghana's constitutional democracy. Such misconduct erodes public trust in our legal system and public institutions," the civil society organisation said in a statement.
Several other stakeholders have also condemned the arrests and appealed to the Attorney General to discontinue the prosecution of the protesters. However, the protesters remain remanded.
A pattern of law enforcement's approach to protests
This protest is not just about illegal mining. It reflects a larger concern about the right to peaceful assembly and civil liberties in Ghana. The heavy-handed response from the authorities, along with the allegations of rights abuses, raises questions about the space for civil society to hold the government accountable without fear of repression. In a democracy, citizens must be able to voice their grievances without facing arbitrary arrest or maltreatment. Police response to aberrant behaviour by protesters must also be proportionate and rights-respecting.
This incident is not isolated. Ghana's security service has a history of clashing and violating the rights of protesters, sometimes with fatal consequences.
In September 2023, Ghana's security forces clashed with protesters outside the Jubilee House, the presidential palace, during the #OccupyJulorBiHouse demonstrations against economic hardship. The police assaulted Metro TV reporter Bridget Otoo and JoyNews journalist Maxwell Agbagba, with Otoo's dress being torn off. Additionally, BBC reporter Thomas Naadi and his cameraman were arrested. In the same protest, 49 protesters were detained for allegedly disregarding a court process, as heavily armed officers disrupted the demonstration, arresting and brutalising several participants.
In August 2023, the police clashed with students of Jasikan College of Education in the Oti Region during a protest over their feeding allowance and living conditions. The Students' Representative Council president, Freeman Zokah, who led the protest, was reportedly slapped by a police officer.
Similarly, in June 2022, the police clashed with Arise Ghana demonstrators over the use of unapproved routes, the disagreement resulted in the use of teargas to dispel the crowd and some protesters were arrested.
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In the same year (2022), the police assaulted demonstrating students of an Islamic Senior High School in Kumasi, the capital of the Ashanti Region. The demonstrators had blocked the road in front of their school in protest against frequent accidents on that portion of the road. The violent repression by the police resulted in about 25 students and some policemen being taken to hospital to be resuscitated or treated for various injuries.
In 2021, a joint police and military team opened fire on irate protesters in Ejura, killing two and injuring at least ten. The protests erupted shortly after the burial of Ibrahim Anyass Muhammed, alias Kaaka, a popular social activist who died from his injuries on June 28 after being attacked by some thugs.
Implications for Ghana's Democracy
As Ghana heads toward its next general elections, these events serve as a crucial reminder that democracy extends beyond casting ballots; it is fundamentally about safeguarding the freedoms that allow citizens to hold their leaders accountable. The recent wave of arrests of protesters and allegations of human rights infringement point to a worrying erosion of these democratic liberties. Press freedom, the right to protest, and the ability of civil society to advocate without fear of repression are essential pillars of any functioning democracy.
The issue of galamsey affects all Ghanaians, and stifling voices that demand action against it only worsens the crisis as little is being done about the destruction of forest reserves and water bodies. The police must act within the confines of the law and uphold the rights of citizens while maintaining law and order. Any deviation from this marks a step backwards for Ghana's democracy, with long-term consequences that could undermine the country's democratic integrity for years to come.
The Media Foundation for West Africa (MFWA) adds its voice to the call for the rights of all detained protesters to be respected. We demand a thorough and transparent investigation into the incidents during the protests and the subsequent claims of human rights abuses against the police.
In response to the arrests and reported violations of human rights of the detained protesters, a second #FreeTheCitizens protest has been scheduled from October 3 to 5, to demand the release of the arrested protesters. If the public outrage is anything to consider, it should serve as a clear signal to law enforcement agencies to employ high professionalism and tact during this and any future protests.
