In a fervent plea, the Coalition of 23 Civil Society Organizations (CSOs) has called on the Rt. Hon. Speaker of Parliament to take decisive action in revoking the contentious Environmental Protection (Mining in Forest Reserves) Regulation L.I. 2462.
The coalition asserted that this legislation, passed in June 2022, not only infringes on constitutional provisions but also poses a severe threat to Ghana’s strides in forest protection and its commitment to combating climate change.
The Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I.2462), enacted under the powers vested in the Minister responsible for the Environment by the Environmental Protection Agency Act, 1994 (Act 490), aims to regulate mining activities in forest reserves. The regulation facilitates mining leases across vast portions of forest reserves and other protected areas that were previously off-limits to mining.
However, the CSOs argue that its passage lacked proper stakeholder consultation and directly contradicted established government policies, such as the 2018 ‘Environmental Guidelines for Mining in Production Forest Reserves in Ghana’ and the 2012 Forest and Wildlife Policy.
“Environmental Protection (Mining in Forest Reserves) Regulation L. I 2462 since the said L. I offend provisions in the Constitution and other laws on the protection of forests and has the potential to reverse all the gains and commitments Ghana has made in forest protection and the fight against climate change.”
Coalition Of 23 CSOs
The coalition emphasized that the Environmental Protection Agency (EPA), responsible for enforcing L.I. 2462, oversteps its constitutional mandate. The 1992 Constitution allocates the regulation of natural resources to specific commissions, namely the Forestry and Minerals Commissions, not the EPA. The CSOs argue that the EPA’s encroachment on these mandates violates constitutional principles and questions the legitimacy of the entire regulation.
Legal Grounds For Petition
The CSOs asserted that L.I. 2462 lacks a solid legislative foundation. The regulation purportedly enacted under the authority of the Environmental Protection Act, 1994 (Act 490), fails to provide the Minister with the necessary authority to regulate the specified mining activities. The absence of clear legislative backing undermines the legitimacy of the regulation and raises doubts about its constitutionality.
Highlighting the unique regulatory framework governing forest reserves, the coalition contended that only the President, through an Executive Instrument, possesses the authority to alter the rights associated with a forest reserve. L.I. 2462, being a Legislative Instrument, cannot override the protections granted to forest reserves through an Executive Instrument, further undermining its legal standing.
The CSOs emphasized the stark contradictions between L.I. 2462 and national policies, such as the Forest and Wildlife Policy (2012), the Land Policy, and the National Climate Change Policy. The regulation contradicts commitments made in Ghana’s Nationally Determined Contribution under the Paris Agreement, its REDD+ Strategy, and various international agreements to protect and restore Ghana’s forests and biodiversity.
The coalition presented alarming statistics on the rapid issuance of mining leases in forest reserves since the enactment of L.I. 2462. They argued that this indiscriminate mining threatens the forestry sector’s viability, placing Ghana’s economy and rural communities at risk.
Thus, the coalition’s respectful call upon the Rt. Hon. Speaker to initiate the revocation of L.I. 2462, safeguarding Ghana’s precious forest reserves and preserving its commitment to environmental sustainability.
Ghana’s commitment to forest protection is vital for environmental sustainability. Through legislative frameworks, including the 2012 Forest and Wildlife Policy, the nation safeguards its forest reserves. Ongoing efforts align with international agreements, reflecting high dedication to combating deforestation, preserving biodiversity, and fulfilling climate change responsibilities.
In response to this urgent call, the eyes of the nation turn to Parliament, awaiting the Speaker’s decisive action on this crucial matter that affects the very heart of Ghana’s environmental and economic future.
