A landmark lawsuit has been filed at the Accra High Court against government to protect the country’s forest reserves from the devastating effects of mining.
The lawsuit, announced Friday, September 20, 2024, at a press conference by Mr. Daryl Bosu of A Rocha, represents a collective effort by several environmental and civic organizations.
These organizations, including A Rocha Ghana, Nature and Development Foundation, Civic Response, EcoConscious Citizens, Kasa Initiative Ghana, Tropenbos Ghana, and Ken Ashigbey (Convenor of Media Coalition Against Galamsey) are determined to protect Ghana’s natural resources.
The lawsuit targets six key government officials and agencies, including 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.
The plaintiffs argue that the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462) was passed without proper fiscal impact analysis, violating the Public Financial Management Act [1).
This regulatory oversight has far-reaching consequences, allowing mining in 24 forest reserves, including seven globally significant biodiversity areas. Some reserves, like the Draw River, face multiple mining applications. The Minerals Commission continues to accept new applications, despite the impending environmental disaster.
The lawsuit challenges the validity of L.I. 2462, citing inconsistencies with existing laws, such as the Minerals and Mining Act and the Forests Act. These laws explicitly prohibit mining in forest reserves [2).
The plaintiffs seek an interlocutory injunction to halt further mining permits and licenses under L.I. 2462. They also aim to restrain license holders from conducting mining activities in forest reserves and prevent presidential approval of mining in biodiversity areas.
Ghana’s forest ecosystems provide essential services, including clean water, fresh air, and biodiversity. These resources sustain livelihoods, enhance health and well-being, and are crucial for sustainable development. Protecting these ecosystems ensures their continued availability for future generations.
The lawsuit aligns with the organizations’ commitment to environmental conservation and sustainable natural resource management. They believe Ghana’s development should not come at the expense of its environment.
The coalition of organizations has been vocal about their concerns, petitioning President Nana Addo Dankwa Akufo-Addo and Speaker of Parliament Alban Bagbin to revoke L.I. 2462 [5).
In August, 23 civil society organizations picketed at Parliament, calling for the law’s repeal. The government’s failure to address these concerns has led to the lawsuit.
A Rocha and its partners are determined to advocate for sustainable natural resource management. They recognize the intrinsic value of Ghana’s forest reserves and the importance of preserving them for future generations.
The lawsuit is a significant step towards protecting Ghana’s environment. The outcome will have far-reaching implications for the country’s natural resource management and sustainable development.
The CSOs extend their gratitude to their legal team, Merton & Everett LLP, for their expertise and commitment to upholding the rule of law.
Source: Modern Ghana
