Mining in forest reserves: A Rocha Ghana, 5 other CSOs sue govt
A Rocha Ghana, an environmental conservation organization, and six other civil society organisations have filed an application at the High Court in Accra for an interlocutory injunction against the government to halt mining activities in the country’s forest reserves.
The Plaintiffs/Applicants are A Rocha Ghana, Nature and Development Foundation, Civic Response, EcoConscious Citizens, Kasa Initiative Ghana, Tropenbos Ghana, and Ken Ashigbey (Convenor of the Media Coalition Against Galamsey).
The defendants are the Speaker of Parliament , the Minister of Environment, Science, Technology and Innovation , the Environmental Protection Agency, (EPA) , Minister of Lands and Natural Resources, Minerals Commission, and Attorney-General.
In an affidavit in support and the write filed on September 17, 2024, the interlocutory injunction seeks among other things to prevent the issuance of any further permits or licenses under the disputed regulations allowing mining activities in forest reserves, restrain any person or entity holding such licenses from continuing or initiating mining activities in forest reserves and prevent the exercise of presidential powers to approve mining in globally significant biodiversity areas, pending the Court’s final decision.
This legal action, which represents a collective effort by A Rocha Ghana, and others is to save the country’s total of 24 Forest Reserves, including seven globally significant biodiversity areas which 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 , the plaintiffs contended have multiple applications, furthermore, the Minerals Commission, it alleged was 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), the Plaintiff argued.
“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, the L.I 2462, is a bad law, contradicts Ghana’s progressive framework for natural resource management for the last 25 years, and it erodes protection for forest reserves in Ghana.
“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, ”the Applicants /Plaintiffs added.
BY NORMAN COOPER
