Despite the harsh penalties, criminalization has proved ineffective as a means of dealing with the problem. According to local judicial officials, 476 people were convicted of illegal mining under the Mining Act in 2009 and another 143 between January and April 2010.57 But Paiam’s magistrate told Human Rights Watch that this had little meaningful effect as a deterrent and that many convicted illegal miners were openly defiant. “In court they will tell you, “I will come back! That is my garden!” he said.58 According to Barrick, illegal miners staged more than 25,000 recorded incursions onto mine property (including the waste dumps) in 2009, and 9,600 during the first eight months of 2010.59
I can understand why people would believe that it is their garden pretty much their land so why are they getting punished.