A Rocha Ghana, along with five other civil society organizations (CSOs) and a private individual, would like to notify the public that a Writ of Summons and an Application for an Interlocutory Injunction have been submitted to the High Court against the following parties:
- The Minister for Environment, Science, Technology and Innovation
- The Environmental Protection Agency
- The Minister for Lands and Natural Resources
- The Minerals Commission
- The Speaker of Parliament
- The Attorney-General
This legal action, representing a collaborative effort by A Rocha Ghana, Nature and Development Foundation, Civic Response, EcoConscious Citizens, Kasa Initiative Ghana, Tropenbos Ghana, and Ken Ashigbey (Convenor of the Media Coalition Against Galamsey), aims to safeguard Ghana’s forest reserves from the harmful impacts of mining.
To highlight the situation, a total of 24 Forest Reserves, including seven areas of Global Significance for Biodiversity, either currently have a mining lease granted within their borders or have a mining lease or prospecting license application pending validation.
This legal action seeks to challenge and halt mining activities in Ghana’s forest reserves. In this connection, we have raised serious concerns about the legality of the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462).
- First, we contend that L.I. 2462 which allows mining in Forest Reserves, is in conflict with the provisions of the Minerals and Mining Act, 2006 (Act 703), and the Forests Act, 1927 (CAP 157), both of which protect forest reserves from being subject to mining activities.
- Secondly, L.I. 2462 is unlawful because it was laid in Parliament without the required fiscal impact analysis. This violates the Public Financial Management Act, 2016 (Act 921).
In sum, the legal action and the application for injunction filed aim to:
- Prevent the issuance of any further permits or licenses under the disputed regulations allowing mining activities in forest reserves.
- Restrain any person or entity holding such licenses from continuing or initiating mining activities in forest reserves.
- Prevent the exercise of presidential powers to approve mining in globally significant biodiversity areas, pending the Court’s final decision.
