REDRAW MINING ACTIVITIES IN FORESTS AND SECURE GHANA’S FUTURE

We, the undersigned environmental and civic organizations, are pleased to announce that we today have filed a Writ of Summons and an Application for an Interlocutory Injunction in the High Court, against:

1. The Minister for Environment, Science, Technology and Innovation

2. The Environmental Protection Agency

3. The Minister for Lands and Natural Resources

4. The Minerals Commission

5. The Speaker of Parliament, and

6. The Attorney-General 

This legal action, which represents a collective effort by A Rocha Ghana, Nature and Development Foundation, Civic Response, EcoConscious Citizens, Kasa Initiative Ghana, Tropenbos Ghana, and Ken Ashigbey (acting on behalf of the Media Coalition Against Galamsey), is aimed at protecting Ghana’s forest reserves from the devastating effects of mining. To summarise its impacts to date, a total of 24 Forest Reserves, including seven Globally Significant Biodiversity Areas, either have a mining lease granted within their boundaries, or a mining lease or prosecuting license application awaiting Validation. Some of the reserves such as the Draw River have multiple applications. Furthermore, the MinCom is 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). This failure to follow due process renders 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. 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:

1. Halt the issuance of any further permits or licenses under the disputed L.I.2462 regulations allowing mining activities in forest reserves.

2. Restrain any person or entity holding such licenses from carrying out mining activities in forest reserves.

3. Prevent the exercise of any presidential powers to approve mining in globally significant biodiversity areas, pending the Court’s determination of the case.

This legal action aligns with our shared commitment to environmental conservation and the protection of Ghana’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 for sustainable natural resource management. Ghana’s critical societal needs are met through the invaluable environmental services and public goods provided by forest ecosystems, such as clean water, fresh air, biodiversity, and essential raw materials. 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.

We would like to take this opportunity to express our deepest gratitude to our legal team at Merton & Everett LLP. Their unwavering commitment to upholding the rule of law, and their expertise in environmental and public interest litigation, have been instrumental in advancing this cause.

We urge all Ghanaians to join us in supporting this cause and strengthening the collective resolve to ensure accountability in the protection of our natural and environmental heritage. Together, we can safeguard the vital ecosystems that sustain our communities and secure a sustainable future for generations to come.

Signed By:

A Rocha Ghana

Nature and Development Foundation

Civic Response

EcoConscious Citizens

Kasa Initiative Ghana

Tropenbos Ghana

Ken Ashigbey, Media Coalition Against Galamsey

 

For media inquiries, please contact

 


· A Rocha Ghana

Daryl Bosu Tel: 0202555727

· Nature and Development Foundation

Mustapha Seidu Tel: 0248930693

· Civic Response

Albert Katako Tel: 0244642186

· EcoConscious Citizens

Awula Serwaa Tel: 0201811702

 · Kasa Initiative Ghana

Jonathan Gokah Tel: 0208317366

· Tropenbos Ghana

Boakye Twumasi-Ankra Tel: 0543979944

· Media Coalition Against Galamsey

Ken Ashigbey Tel: 024431586  

· Our Legal team

Merton & Everett LLP
Email: secretariat@mertoneverett.com
Tel: 034-229-5174


 

Past Projects

Kasa's efforts in restoring mangrove forests to mitigate coastal erosion

The Keta lagoon tragedy is still edged in the minds of residents who helplessly watched as the sea claimed their loved ones lives, their property and even robbed their gravesites. Now, all that’s left of a once thriving community is stumps of houses and sunken hopes evident by their scowled faces. This phenomenon is unfortunately becoming common along Ghana coastlines as the sea levels rise and take claim to lives, land and property.

One of the evidence of climate change is rising temperatures which impact the sea and oceans in various ways. One is melting polar ice which leads to expansion of oceans which in turn encroach on lands such as Keta. Secondly, the high temperatures which are stored in the water exacerbates water acidity which then degrades coral reefs and even mangroves; which act as sea defense. Cases such as Keta’s can be observed world over, in coastal areas.

The Government of Ghana has responded to this recurring disaster with measures to keep the sea at bay and relocation propositions for community members. Along  Ghana’s volta region and other coastal regions, one can observe sea defense systems protecting coastlines from strong tidal waves that cause erosion, flooding, amongst other hazards. These engineered structures are fortified to ensure durability and restoration of normally for coastal communities. However, as with most man made structures, there is a lifespan to such structures.  That is why organisations such as Kasa Initiative Ghana advocate for Nature based solutions such as planting of Mangroves.

Mangroves forests not only act as sea defense but perform as carbon sinks better than terrestrial forests. Additionally, their roots create an ecosystem for marine life to start and thrive. Marine creatures such as turtles and fish rely on this ecosystem for survival in initial life stages before venturing into the deep sea. Kasa with support from IUCN and Forestry commission sought  to restore mangrove in South Tongu District of the Volta Region. The exercise, done in collaboration with youth, women and men from the communities not only identified locations for restoration but also provided seedlings and carried out the planting. The initiative also engaged community members on the importance of mangrove forest in the environment and what it takes to ensure the forests reach maturity. 

 

In previous years, communities along the coastline in the Volta region were well barricaded from tidal waves by thinning mangrove forests. However, due to livelihood activities such as mangrove harvesting, the forests are now shrinking and far apart. Smoking of fish and other seafood is common in these areas with mangrove being the preferred source of firewood. Due to this, introduction of alternative livelihood is a key component to restoration efforts to avoid a recurrence of the current where firewood heaps are aligned along the coastline and in markets. 

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