Environmental conservation group A Rocha Ghana and six other Civil Society Organisations (CSOs) have filed a lawsuit against the government of Ghana in a bid to protect Ghana’s forest reserves from the devastating impact of mining.
The legal action, which includes an application for an interlocutory injunction, names the Minister for Environment, Science, Technology and Innovation, the Environmental Protection Agency, the Minister for Lands and Natural Resources, the Minerals Commission, the Speaker of Parliament, and the Attorney-General as respondents.
“This legal action, which represents a collective effort by A Rocha Ghana, Nature and Development Foundation, Civic Response, EcoConscious Citizens, Kasa Initiative Ghana, Tropenbos Ghana, and Ken Ashigbey (acting on behalf of the Media Coalition Against Galamsey), is aimed at protecting Ghana’s forest reserves from the devastating effects of mining. To summarize its impacts to date, a total of 24 Forest Reserves, including seven Globally Significant Biodiversity Areas, either have a mining lease granted within their boundaries or a mining lease or prospecting licence application awaiting validation. Some of the reserves, such as the Draw River, have multiple applications. Furthermore, the Minerals Commission is still accepting applications to mine in Forest Reserves as recently as August 2024.
“Our case challenges the legality of the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462), which we believe were laid in Parliament without the mandatory fiscal impact analysis, in violation of the Public Financial Management Act, 2016 (Act 921). This failure to follow due process renders the regulations null and void,” Daryl Bossu, the Deputy National Director of A Rocha Ghana, announced at a press conference on Friday, 20 September 2024.
“Furthermore, we contend that the said L.I. 2462 is inconsistent with the Minerals and Mining Act, 2006 (Act 703), and the Forests Act, 1927 (CAP 157), which expressly prohibit the granting of mineral rights in forest reserves. Additionally, L.I. 2462 is a bad law, contradicting Ghana’s progressive framework for natural resource management over the last 25 years, and it erodes protection for Forest Reserves in Ghana,” he added.
As part of the suit, the petitioners, made up of A Rocha Ghana, Kasa Initiative Ghana, EcoConscious Citizens, Tropenbos Ghana, Nature and Development Foundation, Civic Response, and the Media Coalition Against Galamsey, are making three main demands on the court.
“We are also asking the High Court to grant an interlocutory injunction to:
Halt the issuance of any further permits or licenses under the disputed L.I. 2462 regulations allowing mining activities in forest reserves.Restrain any person or entity holding such licenses from carrying out mining activities in forest reserves.Prevent the exercise of any presidential powers to approve mining in globally significant biodiversity areas, pending the Court’s determination of the case.”
Represented by Merton and Everet LLP, the petitioners said the suit aligns with their commitment to the protection of Ghana’s natural resources for current and future generations.
The CSOs called for public support in their quest in the face of the devastating impact of illegal mining on Ghana’s environment.