Re: ‘Chinese petition Mahama over unfair treatment’

“The Ghana-China Business Chamber of Commerce has written a petition to the President about the challenges faced by Chinese investors in Ghana.”” Among the challenges the Chamber complained of was the “constant newspaper photos parading Chinese nationals as illegal immigrants. “We feel it is over the top and unnecessary”. “Of course we agree immigration laws of Ghana must be obeyed at all cost but immigration is not a criminal matter but a human issue global, so it can be handled with a human face without excessive media advertisements,"

“The Chamber in proposing solutions to the immigration problems stated: “We can help establish a working visitor visa valid for one year at a fee of $600.00 exclusively to Chinese nationals. Immigration policies must be adjusted to benefit Ghana”. “To buttress their point, the Chamber cited a special arrangement for nationals of the United States of America who visit the United Kingdom because of the revenue the UK gets from tourism” (See: ‘Chinese petition Mahama over unfair treatment’, New Crusading Guide/Ghanaweb.com,29/03/2013).

My Comments

It is quite ironic, and extremely disappointing that a group like Ghana-China Business Chamber of Commerce is not privy to United Nations Conventions on human rights. If Ghana-China Business Chamber of Commerce cares to know, Ghana has signed and ratified more UN Conventions on Human Right than China. For instance, China has neither signed nor ratify International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW)( See: www1.umn.edu/humanrts/research/ratification-china.html -).

Needless to say, Ghana ratified the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families (the UN Migrant Workers Convention), on 8 September 2000 (See: http://www.migrantsrights.org/Ratificationchart.htm ).

Interestingly, the International Convention on the Protection of the Rights of All Migrants Workers and Members of Their Families is one of the 9 core international human rights treaties. So by ratifying the treaty, Ghana has demonstrated its willingness to protect such members. Likewise, migrant workers have a duty to obey the laws of the land. Safe to say, it is on record that some Chinese immigrants are illegally mining our natural resources, and destroying the environment in the process. Let us therefore, remind Ghana-China Business Chamber of Commerce that no one is above the laws of the land.

In this instance, I would like to think that the Ghana-China Business Chamber of Commerce is seeking to undermine the work of the Ghana Immigration Service. Indeed, the group is seeking to pervert the course of justice, by telling the security services what to do. For, in UK, perverting the course of justice is a criminal offence; I am not sure if the same applies in Ghanaian jurisprudence. I am pretty sure our security services have been given adequate training, and as such they know what to do. Again, I do not think that the security services will deport the immigrants who are in receipt of genuine visas. More so, the group assertion that the Chinese hold valid visas and therefore can work does not hold water. In the sense that, the Chinese may have visas, but that do not automatically allow them to involve in small-scale mining operations. Because small-scale mining operation is reserved for only Ghanaians (See: subsections (1) of 1989 small-scale mining laws (PNDCL 218) and (2) of section 75 of the Minerals and Mining Law, 1986 (PNDCL 153) and amended Act 2006(Act 703).

Further still, the group proposal of a working visitor visa, which will valid for one year at a fee of $600.00, and exclusively to Chinese nationals, is oxymoronic. For, the laws already allow genuine work permit holders to live and work in the country. I am also befuddled that such proposal should be exclusive to Chinese immigrants, and not any other foreign nationals. It seems you, the Ghana-China Business Chamber of Commerce, are not aware that a large number of genuine Chinese immigrants are already plying their trades on our streets. However, foreigners are not allowed to engage in small-scale mining operation, and the Chinese immigrants are not exempted from such laws. Our security services therefore, have no option than to arrest and detain the recalcitrant Chinese immigrants, who are forcibly digging our natural resources and in the process, destroying our sources of drinking water. I, for one, salute our security services for the good work done.

Suffice it to say, subject to subsections (1) (PNDCL 218) and (2) of section 75 of the Minerals and Mining Law, 1986 (PNDCL 153) and amended Act 2006(Act 703), no licence for small-scale gold mining operation shall be granted to any person who is not a citizen of Ghana. The question then is why the influx of foreign infiltrators in the small-scale mining sector? Does the Ghana-China Business Chamber of Commerce know?

Of course, any person who without a licence granted by the regulatory bodies undertakes any small-scale gold mining operation contrary to (subsection 1) of section 1 of small-scale mining law; or acts in contravention of any other provision of small-scale mining law in respect of which an offence has not been prescribed, shall be guilty of an offence and shall on conviction be liable to a fine, or to imprisonment for a term not exceeding 2 years or to both.

More significantly, where a foreigner is convicted of an offence under this Law he, shall after paying the fine or serving any imprisonment imposed on him, be liable to deportation under section 13 of the Aliens Act, 1963 (Act 160).

So, tell me, Ghana-China Business Chamber of Commerce, why you think our security services are not obliged to enforce the laws?

Of course, you, the Ghana-China Business Chamber of Commerce, have your interests to protect; nevertheless, the interests of the nation are bigger than yours.

We should not lose sight of the fact that, our security services are obliged to protect the sovereignty of Ghana. So, for God sake, allow them to exercise their constitutional duties.

“We are not serious as a nation, are we?”

K. Badu, UK.