CSOs sue government over mining in forest reserves - Seek annulment of L.I 2462

A coalition of civil society organisations (CSOs) in the environment sector and the Convener of the Media Coalition Against Galamsey, Dr Kenneth Ashigbey, have filed a writ of summons and an application for an interlocutory injunction in the High Court against  six state institutions over the legality of the Environmental Protection  (Mining in Forest Reserves) Regulations, 2022 (L.I 2462).

The CSOs are A Rocha Ghana, Nature and Development Foundation, Civic Response, EcoConscious Citizens, Kasa Initiative Ghana, Tropenbos Ghana and Dr Ken Ashigbey (acting on behalf of the Media Coalition Against Galamsey).

The respondents are the Environmental Protection Agency (EPA); the Minister for Environment, Science, Technology and Innovation (MESTI); the Minister of Lands and Natural Resources; the Minerals Commission; the Speaker of Parliament; and the Attorney-General.

Context

The Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462) prohibits mining activities in those reserves.

However, while Section 3(1) of L. I 2462 forbids the issuance of a lease for any mining activity in protected areas, section 3(2) of the same law gives the leeway to the President to approve, in writing, a mining company to undertake mining activity in a globally significant biodiversity area (GSBA) in the national interest.”

Since the law was passed, CSOs have raised red flags over the provisions of section 3(2) because while some licenses were being issued for mining in forest reserves “in the national interest,” the environmental consequences were dire.

Demands

As part of their joint action to stop mining in forest reserves, the CSOs held a press briefing in Accra today (September 21) at which they announced the legal action against the mandated state institutions and duty bearers. .

"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 Deputy National Director of A Rocha Ghana, Daryl Bosu, who addressed the media, explained.

Mr Bosu stressed that the failure to follow due process rendered the regulations null and void. 

“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," he added.

 Additionally, he said L.I 2462 was "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."

Interlocutory injunction

Mr Daryl stressed that the coalition of CSOs was 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.

Again, he said the legal action by the coalition sought to restrain any person or entity holding such licenses from carrying out mining activities in forest reserves. 

Apart from that, the coalition is seeking to prevent the exercise of any presidential powers to approve mining in GSBAs pending the Court's determination of the case.

National interest

The CSOs stressed that their primary motivation for the legal action was to protect the country's forest reserves from the devastating effects of mining. 

They said it was worrying that a total of 24 forest reserves, including several GSBAs, either had a mining lease granted within their boundaries, or a mining lease or prosecuting licence application awaiting validation. 

He said the legal action aligned with the CSOs shared commitment to environmental conservation and the protection of the country's natural resources for current and future generations.

"We believe that the country's development must not come at the expense of its environment, and we will continue to advocate sustainable natural resource management," he said.

Forest are indispensable

Mr Bosu said forests ecosystems offered invaluable environmental services and public goods such as clean water, fresh air, biodiversity and essential raw materials that could not be sacrificed for the parochial benefit of some individuals.

“These natural resources sustain livelihoods, enhance health and well-being, and are crucial for the country's sustainable development. Protecting these ecosystems ensures the continued availability of these vital services for current and future generations,” he said. 

He called on all well-meaning Ghanaians to support the coalition to fight the legal battle to ensure accountability in the protection of the country’s natural and environmental heritage 
“Together, we can safeguard the vital ecosystems that sustain our communities and secure a sustainable future for generations to come,” he said.