President should suspend L.I. on forest mining without waiting for Parliament – TUC

From a legal point of view, the President can suspend the operations of the Environmental Protection (Mining in Forest Reserves) Regulations, 2023 (L. I. 2462) without waiting for Parliament to actually revoke it, the Deputy Secretary General of the Trade Union Congress (TUC), Dr Kwabena Nyarko has argued.

“I mean, this is just an LI; procedural legislation, not a substantive act. It’s an administrative kind of thing,” he stated.

Speaking on Metro TV on Tuesday, a day after the government clarified that it was going to revoke the L.I. as part of the fight against illegal mining and also deploy the military into illegal mining sites to demobilise their equipment, especially those operating on water bodies and in forest reserves, the Deputy Secretary General of the TUC said Organised Labour was not convinced by the government’s announcement.

Mr Nyako emphasised that since the LI for instance was a procedural legislation and not a substantive act, it can be suspended administratively by the President or the Minister and does not need to wait for Parliament to revoke it.

On Monday night, the government announced that it had agreed to revoke the Environmental Protection (Mining in Forest Reserves) Regulations, 2023 (L. I. 2462) as part of a new move in the fight against illegal mining commonly known as galamsey [gather and sell].

President Nana Addo Dankwa Akufo-Addo has directed that the necessary steps to revoke the  L.I. should be taken when Parliament reconvenes this October.

This is following public calls for government to take a decisive move against illegal mining and the notice by Organised Labour to embark on a nationwide strike beginning Thursday, October 10.

Following the call by Organised Labour and other stakeholders on the government to take action on the menace of illegal small-scale mining in the country, President Akufo-Addo has also directed that the enforcement measures should be ramped up.

But speaking Tuesday morning on Metro TV, Dr Nyarko described the government directives on illegal mining as insufficient, noting that while the government has communicated its intent to ramp up enforcement efforts, these commitments lack clarity and urgency. 

“The conclusion from yesterday’s meeting was that the government’s actions were not adequate in attempting to solve the galamsey menace,” he asserted.

The TUC has made specific demands from the government, including the immediate revocation of the LI, the declaration of a state of emergency in areas impacted by illegal mining, and the establishment of special courts to handle related cases. 

Dr Nyarko emphasized that Organised Labour believes these actions were crucial to effectively combat illegal mining and protect the livelihoods of affected communities.

He urged the President to take decisive action rather than waiting for Parliament to reconvene, stating, “Is it not possible for the President or even the Minister to suspend it?”

Unless substantial progress is made by the end of Wednesday, Dr Nyarko warned that the possibility of strike action remains imminent. 

He called on the government to demonstrate commitment and urgency in addressing these critical issues to avoid industrial action.

He also acknowledged that while some members of Organised Labour had reservations about the strike, the majority decision to move forward must be respected.

“We expect all our members to go by the majority decision,” Dr Nyarko said, adding that further government action, such as the suspension of the L.I. and immediate military deployment, would demonstrate genuine commitment to addressing the galamsey issue.