Govt presents L.I. revoking mining in forest reserves to Parliament

The government has presented a Legislative Instrument (L.I.) to Parliament to revoke the existing law, Environmental Protection (Mining in Forest Reserves) (Revocation) Instrument. L.I. 2462, that allows mining in forest reserves.

The revocation of LI 2462 will lead to a total ban on mining in forest reserves.

In accordance with Article 11(7) of the Constitution, the Instrument comes into effect after 21 sitting days of Parliament unless it is annulled by the votes of two-thirds of Members of Parliament (MPs).

The move by the government is part of measures announced by President Nana Addo Dankwa Akufo-Addo last week to curb illegal mining following protests, criticisms and agitations by many groups, including Organised Labour.

Known as the Environmental Protection (Mining in Forest Reserves) (Revocation) Instrument, 2024, the new LI will revoke the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462), and make any form of mining in forest reserves illegal.

In a letter dated October 10, 2024, the Attorney-General and Minister for Justice, Godfred Yeboah Dame, informed the Clerk of Parliament about the new L.I., urging him to lay it before Parliament.

Parliament is expected to reconvene tomorrow. The revocation is one of the demands of the Ghana Coalition against Illegal Mining (Galamsey). 

When will it take effect?

Pursuant to Article 11(7) of the 1992 Constitution, the new L.I. has to be laid before Parliament, published in the Gazette on the day it is laid before Parliament, and come into force after 21 sitting days of Parliament after it had been laid.

Under Article 11(7) of the 1992 Constitution, Parliament cannot revise or amend the new L.I, but has the power to annul it by a vote of two-thirds of all MPs before the expiration of the 21 sitting days.

What was in the law?

Under L.I. 2462, the Minerals Commission could grant licences for mining in forest reserves, except in certain protected zones such as biodiversity areas, protected provenance zones and cultural sites.

In addition to the mineral rights and licences, an applicant must also obtain certain permits such as the forestry entry permits from the Forestry Commission, environmental permits from the Environmental Protection Agency, and water use permits from the Water Resources Commission.

Again, under the regulations, individuals with the licences are enjoined to mine in a manner that does not lead to unwarranted destruction of the forest reserves.

For instance, activities such as excavation and drilling must be confined to safe areas with adequate safeguards, while all ancillary facilities must be situated outside the boundaries of the forest reserve.

Upon completion of the exploration, the site must also undergo rehabilitation according to plans which are submitted to the relevant authorities prior to the exploration, while the regulations also require comprehensive environmental impact mitigation strategies throughout the mining process.

Criticisms, protests

However, many civil society organisations (CSOs), labour unions and others such as the Ghana Academy of Arts and Sciences (GAAS), called for the revocation of L.I. 2462, describing it as one of the major reasons for the spike in illegal mining and its incidental wanton destruction of the environment.

While some critics pointed out the weak enforcement regime under L.I. 2462, others accused the government of neglecting its national and international commitments to protect the environment.

The issue of illegal mining has become a national environmental disaster, with many groups, including the Catholic Church, organising peaceful demonstrations to compel the government to take action.

On September 11 this year, Organised Labour threatened to embark on a nationwide strike if the government failed to take decisive action against “galamsey”.

Organised Labour demanded a declaration of a state of emergency on galamsey, the revocation of L.I. 2462, the establishment of special courts to fast-track the prosecution of galamsey operators, and the deployment of security officials to remove and destroy all mining equipment in affected areas.

Drastic actions

Two days before the planned industrial action by Organised Labour on October 10, President Akufo-Addo announced measures to deal with the illegal mining menace after meeting with Organised Labour.

These include directing soldiers and other law enforcement agencies to flush out illegal miners from water bodies and forest reserves, which remain “red zones” to mining activities.

As part of the measures, the President also directed that immediate steps be taken to revoke L.I. 2462, when Parliament reconvenes this month.

The Minister of Lands and Natural Resources, Samuel A. Jinapor, told the Daily Graphic that the meeting between the President and Organised Labour discussed the long-standing issue of illegal mining, reviewed the situation and the government's effort thus far, leading to an agreement between the parties that the government would collaborate with Organised Labour and other stakeholders in the fight against illegal mining.

Strike suspended

On October 9, the day after President Akufo-Addo announced the measures, Organised Labour suspended the intended strike action on the basis that it had taken notice of the measures announced by the government, and would give the government time to put it into action.

“Following this meeting, government offered enhanced and time-bound measures in respect of our demands and the fight against illegal mining,” the Secretary-General of the Trades Union Congress (TUC), Joshua Ansah, said.

However, the University Teachers Association of Ghana (UTAG) decided to proceed on strike in defiance of the U-turn by Organised Labour.

Writer’s email: emma.hawkson@graphic.com.gh