A coalition of 23 Civil Society Organizations (CSOs) has submitted a petition to the Speaker of Parliament, Alban Sumana Kingsford Bagbin, urging him to spearhead the revocation of Environmental Protection (Mining in Forest Reserves) Regulation L.I. 2462.
The coalition argued that the regulation, which governs mining activities in forest reserves, contradicts the provisions of the 1992 Constitution of Ghana.
The coalition emphasized that the 1992 Constitution obligates the government and citizens alike to take measures to protect and preserve the national environment for current and future generations.
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They contend that L.I. 2462, however, as it currently stands, poses a significant threat to forest reserves by providing statutory procedures for mining, potentially leading to their destruction.
The CSOs requested the Speaker to cause a revocation of the so-called ‘Environmental Protection (Mining in Forest Reserves) Regulation L.I. 2462 since the said L.I. offends 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,” the coalition demanded.
“Forest reserves are, by law, created over forest areas with a primary objective to protect them from destruction. Thus, L.I. 2462 on its face, presents the opportunity for miners to destroy forest reserves,” the petition reads.
Constitutional concerns and overreach
The coalition expressed serious constitutional concerns regarding the regulation of mining in forest reserves by the Environmental Protection Agency (EPA) through L.I. 2462.
They argued that the Constitution assigns the responsibility of managing natural resources to the Natural Resource Commissions, and L.I. 2462 grants the EPA authority beyond its designated functions.
“The passing of L.I. 2462 by the EPA represents a clear overreach on its part, effectively supplanting the legitimate functions of the Forestry and Minerals Commissions and thereby violating the constitutional directives regarding managing natural resources in Ghana,” the coalition stated.
Environmental Impact and Economic Threat
The petition also drew attention to the rapid increase in mining activities in forest reserves since the passage of L.I. 2462.
The coalition indicated that eight mining leases have been issued in the past year, including three in Globally Significant Biodiversity Areas, with 15 more lease applications in progress.
“All the forest reserves that are currently being managed by the Forestry Commission and logged by timber companies are subject to the grant of mining leases under the L.I.”
“This represents the single most pervasive upfront to the relevance of the forestry sector and an existential threat to the very foundation of forestry industries,” the coalition warned.
The coalition warned that L.I. 2462 poses a serious risk to Ghana’s forest management efforts and the global fight against climate change.
The CSOs expressed hope that the Speaker of Parliament will consider their concerns and lead efforts to revoke the controversial regulation, safeguarding the country’s environmental future.
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