Four Civil Society Organisations (CSOs) have raised a red flag over the new regulations on mining in Ghana’s forest reserves, Legislative Instrument 2022 (L.I.2562).
The CSOs – Nature & Development Foundation, A Rocha Ghana, West Africa Coastal Area Management (WACAM) programme and OXFAM – are of the view that the new L.I 2462, captured under the heading: ‘Environmental Protection (Mining in Forest Reserves) is in a bad taste and would not serve the interest of the general public’.
According to the group, L.I 2462 lacks proper legislative foundation and not consistent with the country’s existing laws and policies.
The CSOs brought this to fore at a day’s stakeholders’ engagement on new L.I 2462 in Accra on Thursday, November 9, 2023.
In his opening remarks, the National Director of Nature & Development Foundation, Mustapha Seidu said L.I 2462 was passed last year without the knowledge of CSOs until March this year.
This, he noted, suggested that there was no or limited public or stakeholders consultation before coming out with the LI.
Before the passage of the LI, forest reserves were protected under the environmental guidelines on mining in production forest reserves, from large scale mining companies.
Currently, he said: “Information on Ghana’s MinCom repository shows that large portions of 14 Forest Reserves – 3 are Globally Significant Biodiversity Areas (GSBAs) – and the Kakum National Park – are under Mining Leases or Lease applications since the LI was passed. These include 8 Mining Leases granted and 14 applications awaiting review or validation.”
Mr Seidu added that although GSBAs are on the LI’s prohibited list, the President can override it.
Clement Akapame, Partner in charge of Commercial Practice and Head of Consultancy at Taylor Crabbe said given how detailed and meticulous officers at the Attorney-General Department are, he doubted whether the LI had their inputs.
He said the wordings of the LI, as well as clash with some of its clauses or the existence of redundancy clauses, all speak to the fact that not much consultation was done in that regard.
Mr. Akapame pointed out that the Regulation of mining in Forest Reserves by the EPA through this L.I. also contradicts the constitutional framework for managing Ghana’s natural resources, particularly Forest and Wildlife Policy (2012), Land Policy (1999), National Environmental Policy (2012), National Biodiversity Policy (draft) and other climate change mitigation and biodiversity protection.
Accordingly, the new L.I. overreaches Environmental Protection Agency and Minister for Environment and that it usurped the role of both the Forestry Commission and Minerals Commission.
He made a presentation on research and legal opinion on environmental protection (mining in forest reserve) regulation 2022, L.I.2462.
The group concluded that LI must be rejected and replaced with an environmental friendly longterm one and adopted a communique to push this agenda.
