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The concerns raised by Mr. Michael Sandow Ali, Director of the Mining Department at the Environmental Protection Agency (EPA), regarding the proposal to repeal the Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I 2462), deserves attention to correct some misrepresentation of facts in his statement.

The caution about a potential regulatory vacuum is unfounded. The risk to forests exists with or without L.I. 2462, and evidence clearly shows that the L.I. has exacerbated these risks. By opening forests to large-scale mining, complete with tracks and machinery, L.I. 2462 has indirectly invited a surge in illegal mining activities. Retaining this legislation poses severe threats to Ghana’s forests, biodiversity, and communities. Below, we address these concerns further and propose actionable steps to protect forest reserves and ensure sustainable management

Addressing Key Concerns

1. Risk of Unregulated Mining

The claim that repealing L.I. 2462 without a robust replacement risks regulatory gaps is a misrepresentation. The reality is that forest risks existed before the L.I., but its implementation has worsened the situation by enabling large-scale mining and increased forest access. Unlike the 2018 Environmental Guidelines, which limited mining to 2% of production forest reserves, L.I. 2462 removes this restriction, paving the way for expansive mining with minimal oversight. This weakens existing protections and undermines sustainable forest management, highlighting the urgent need to repeal L.I. 2462 and adopt stronger, more effective regulations. The evidence is there to show that, Ghana’s forests received better protection from mining before the L.I 2462 was passed.

2. Impact on Forest Integrity

Contrary to claims that L.I. 2462 enhances protection it has facilitated the approval of mining leases in critical biodiversity areas, including Globally Significant Biodiversity Areas (GSBAs), previously prohibited under the 2018 guidelines. This undermines Ghana’s commitments under the Convention on Biological Diversity and national policies aimed at preserving ecological integrity.

3. Historical Context and Existing Licenses

While mining in forest reserves has been allowed since 1945, L.I. 2462 significantly expands access, enabling entire reserves to be allocated for mining. For example, leases granted under L.I. 2462 cover extensive areas of reserves like Nkrabia and Boin Tano, threatening key ecosystems and livelihoods.

4. Provisions for Responsible Mining

The biodiversity offsetting provisions in L.I. 2462 are inadequate. Companies are permitted to establish plantations instead of restoring natural forests, which neither compensates for biodiversity loss nor addresses community concerns over land use. This approach is misaligned with global best practices for sustainable mining and false solution and does not address the mischief of forest and biodiversity loss that is associated with mining in forest reserves.

Recommendations for the Way Forward

L.I. 2462 is retrogressive and undermines Ghana’s sustainable forest management by permitting mining in reserves, violating the Forest and Wildlife Policy (2012), Forest Development Master Plan (2020–2035), and National Biodiversity Strategy. It breaches Ghana’s commitments under the Global Biodiversity Framework and Convention on Biological Diversity. Targeting forest reserves for mining, despite their statutory designation for providing invaluable services that extend beyond the present, is an imprudent decision that fails to reflect the judicious use of Ghana’s natural resources. These reserves are vital for ecological balance, water security, and intergenerational sustainability, making their protection paramount.

To sustainably manage Ghana’s forests, L.I. 2462 must be repealed and replaced with a law explicitly banning mining in forest reserves, aligning with the Forestry Development Master Plan’s 2035 target. Strengthened regulations are needed to ensure strict oversight, minimal environmental impact, and mandatory restoration. Commitments to conserve GSBAs must be upheld through participatory planning processes that protect biodiversity and prioritize community interests. Additionally, robust enforcement mechanisms and inter-agency collaboration are essential to combat illegal mining and safeguard the integrity of forest reserves while balancing economic benefits with environmental sustainability.

The repeal of L.I. 2462 is not a call for regulatory vacuum but an urgent step to ensure that Ghana’s forests, biodiversity, and communities are protected for current and future generations. It is therefore imperative that processes initiated by the AG and the Ministry of Environment Science Technology and Innovation to repeal the L.I is completed to usher in a more progressive framework for the sustainable management of forests in Ghana. 

Signed

Seth Appiah-Kubi

National Director

A Rocha Ghana

For Follow-up Correspondence

Daryl Bosu, Deputy National Director. A Rocha Ghana Tel: 0202555727

President Nana Addo Dankwa Akufo-Addo’s recent statement at UNFCCC COP 29 in Baku, where he declared Ghana has restored 721,000 hectares of forest since 2017, demands critical scrutiny. While forest restoration is a pertinent goal, this claim starkly contrasts with the government’s active supervision, culpability and record of inaction resulting in an unprecedented escalation of illegal and irresponsible mining across the entire country that has left forest, agricultural lands, rivers and water bodies destroyed.

The President’s announcement fails to align with the stark realities on the ground. While we were supposedly planting trees, we simultaneously and actively pursued policies and legislation that facilitated the destruction of natural forests, undermining Ghana’s hard-earned reputation and progress in sustainable forest management over the past two decades.

A glaring example is Ghana’s contradictory actions in 2022 and thereafter. That year, the country joined the Forest and Climate Leaders’ Partnership, committing to protect forests and communities. Yet, in the very same year, the government working with a hung parliament of the NPP and NDC passed Regulation L.I. 2462, which opened Ghana’s protected forests to mining activities. This period has also seen an unprecedented wave of mining leases that risk converting production and protected forests into sprawling mine pits. Again, illegal and irresponsible mining has significantly undermined Ghana’s credibility as a member of the Forest and Climate Leaders’ Partnership. Ghana’s direct actions or omissions have failed to uphold commitments outlined by the partnership, contradicting its leadership in forest conservation and climate action.

Instead of genuine restoration, our lived reality has been staggeringly devastating. Over 48,000 hectares of gazetted forest reserves are earmarked for conversion to mining areas and 4800 hectares already destroyed by Ghana’s irresponsible mining pursuit. So far, not less than, 35 forest reserves have been severely impacted by the activities of illegal miners. Altogether, the ecological integrity of over 350,000 hectares of forests will be severely compromised as a result.

Read full statement HERE

PART 2: Silencing Dissent and Calls for Reforms

Author: Daryl Bosu. Environmental Advocate

The President’s Contradictory Role in Environmental Stewardship

In his inaugural address into Office as President of the 4^th Republic of Ghana, President Nana Addo Dankwa Akufo-Addo pledged to protect Ghana’s environment, declaring that “we do not own the land, but hold it in trust for generations yet unborn.” This resonated with Ghanaians, who believed he would lead a responsible approach to resource management. However, the lack of progress on commitments from the 2021 National Consultative Dialogue suggests otherwise.

Despite promises to protect Ghana’s natural heritage, the Nana Addo Dankwa Akufo-Addo led administration has allowed the unregulated mining sector to thrive, effectively making the government the “chief activist” for the very destruction he vowed to prevent. The reality is that there has been little intention to act on these promises, as evidenced by political justifications to delay the fight against galamsey until after the 2024 elections. This inaction points to a troubling alignment between the government’s priorities and short-term political interests, with severe consequences for Ghana’s future.

Silencing Dissent and Rising Social Unrest

In 2017, President Nana Akufo-Addo encouraged Ghanaians to be “citizens, not spectators,” urging them to hold the government accountable. Yet, those who have voiced opposition to galamsey have been met with hostility and suppression. Public demonstrations against illegal mining are often stifled, with activists facing detainment and harassment, discouraging future dissent. The government’s actions contrast sharply with the President’s assurances that Ghana would be governed by “freedom and justice.”

The heavy-handed police response to citizen-led demonstrations by groups like Democracy Hub, along with the injustices during the arrest and detention of demonstrators, journalists as well as community environmental right defenders, serves as a stark testament to the government’s complicity. Communities have even seen police-assisted impositions of “community mining,” despite their vocal opposition. These acts of suppression reveal a government willing to sideline public welfare for profit, at the expense of citizens’ rights and freedoms.

Meanwhile, unchecked galamsey has created an atmosphere of social insecurity, stoking public anxiety over health risks as illegal mining continues to contaminate food and water systems. Mining hotspots have seen rising incidence of crime and the proliferation of arms, threatening the security of affected communities. The President’s stated vision of a peaceful and prosperous Ghana rings hollow for those living amidst the dangers posed by illegal mining.

A Failure to Translate Promises into Action

In his inaugural speech, President Nana Addo Dankwa Akufo-Addo also praised the resolve of Ghana’s founding fathers, who sought to build a nation anchored in principles of justice and respect for all citizens. He highlighted J.B Danquah’s vision of government as a force for “the enrichment of life, property, and liberty.” Yet, his administration has failed to uphold these ideals, allowing environmental exploitation to proceed unchecked. The National Consultative Dialogue was a defining moment, presenting a roadmap for responsible governance of natural resources, but the lack of follow-through on its resolutions has reduced these promises to mere words. We now have on our hands, the most devastating environmental crisis

Holding Civil and State Officials Accountable for Negligence and Incompetence

The responsibility of tackling the galamsey crisis should not fall solely on the shoulders of the Executive, despite its significant power to appoint heads of key institutions. It is time to extend this accountability to the civil servants and appointed officials serving in crucial agencies like the Environmental Protection Agency (EPA), Water Resources Commission, Minerals Commission, Local Government Authority, and the Decentralized Police Command. Too often, these individuals have neglected their duty of care and responsibility to the public, instead choosing to collude with illegal actors, enabling the abuse of community rights and exposing citizens to further harm. This negligence has contributed to the unchecked rise of unprecedented impunity in the mining sector, ever in the history of Ghana.

It is high time that each appointed state official be held fully accountable for administrative negligence and incompetence, particularly when their inaction directly perpetuates illegal activities in their areas of oversight. These officials must bear the consequences of failing to fulfill their responsibilities. However, this should not absolve the Executive from its direct role when appointed officers fail to carry out their mandates effectively. We cannot continue in a society where responsibility is shifted solely to the Executive, while state officers, empowered with the capacity to exercise administrative discretion, remain free from accountability. The failure to hold appointed District Chief Executives (DCEs) and Police Officers accountable for the persistence of galamsey within their jurisdictions represents a critical oversight that must be rectified. Moving forward, it is imperative that accountability for administrative negligence in the fight against illegal mining be made a fundamental principle of governance. Incompetent or negligent officials must face strict consequences, including mandatory resignation, to ensure that those entrusted with public office fulfil their duties with the necessary competence and integrity. This policy should be enforced consistently to establish a culture of accountability and deter further complacency in the fight against galamsey.

Sustain Media and Civil Society Calls for Accountability

Despite the government’s failure to honor its environmental promises, the media and civil society must continue to advocate for accountability. Journalists and environmental advocates highlight the contradictions between the President’s statements and his administration’s actions, exposing the dire consequences of illegal mining. The media serves as a crucial counterpoint to government neglect, providing a platform for citizens demanding responsible management of Ghana’s resources.

Call for Just and Equitable Mineral Governance Reforms

The 2021 National Consultative Dialogue was a critical moment for Ghana’s environmental policy, representing a shared commitment to responsible and sustainable mining practices. However, the government’s failure to honor these promises undermines its credibility and leaves citizens disappointed. As demands from Ghanaians in 2024 reveal, citizens are still waiting for the government to uphold its promises, reflecting widespread frustration with an administration seemingly complicit in environmental degradation.

The disparity between the 2021 commitments and the government’s current inaction speaks to a systemic disregard for the voices and well-being of Ghanaians. The government must urgently address the demands for a state of emergency on galamsey, halt mining in protected areas, enforce laws rigorously, and ensure that those who violate environmental laws face justice.

The ongoing disregard for Free, Prior, and Informed Consent (FPIC) within Ghana’s mining sector is an affront and a violation of community rights and one that threatens the very foundation of just and equitable mineral governance. Equally troubling is the state’s abuse of eminent domain, where the government compulsorily acquires community lands without adequate consultation or compensation, undermining local autonomy and violating the rights of Ghanaians who depend on their lands for their livelihoods and cultural heritage. These actions reflect a mining regime that prioritizes profit over people, favoring industry interests over the voices and well-being of affected communities.

To ensure justice, Ghana’s mineral governance must embody true public-centered reforms. Upholding Free Prior and Informed Consent, respecting community lands, and committing to sustainable practices are non-negotiable, as they are essential pillars for a fair and responsible mining policy.

Ghanaians deserve leaders who will honor these commitments and protect the country’s ecological and social prosperity into the future. The call for genuine reform is urgent and imperative to Ghana’ sustainable future. Anything less would betray the trust of the people and compromise the legacy we hold in trust for generations yet unborn.

In an inspiring initiative aimed at fostering sustainable practices in Northern Ghana, A Rocha Ghana recently partnered with the UK-based Leverhulme Centre for Wildfires, Environment and Society to host a groundbreaking two-day workshop on equitable fire management.

The workshop which took place this month at Damongo in the Savannah Region, brought together a diverse array of stakeholders, showcasing a collective commitment to addressing the complexities of fire management in the region.

Participants were drawn from government institutions, NGOs, academia, the private sector, traditional authorities, and local livelihood groups, all of whom share a vested interest in the intricate relationship between fire and landscape in Northern Ghana.

With a focus on participatory approaches, discussions revolved around the various types of landscape fires, their ecological roles, and the socio-economic factors influencing fire management practices.

Fire management

Fire management is more than just an environmental concern; it is vital for the preservation of unique ecosystems and the livelihoods of communities that depend on these landscapes. The rich biodiversity of Northern Ghana’s savannas and forests has evolved alongside naturally occurring fires, yet the increasing impact of human activity and climate change has disrupted these patterns. This workshop aimed to bridge the gap between traditional knowledge and modern scientific understanding of fire, emphasizing the need for comprehensive management strategies.

In a keynote address, Rahina Sidiki Alare, a PhD student at King’s College London whose research delves into fire governance within the Savannah landscapes highlighted a pressing issue—the disconnect between national fire policies and local burning practices.  According to her, “the way we manage fires in Northern Ghana has marginalized certain livelihoods, which could lead to more destructive fires.” “The workshop’s goal is to bridge this gap, ensuring fire management is effective and adaptable while being inclusive,” she added.

A Rocha Ghana’s Northern Sector Project Manager, Mr. Godwin Evenyo Dzekoto echoed this sentiment, stressing the importance of integrating traditional fire knowledge with scientific methods. “The Savannah region needs fire for ecological balance,” he remarked, underlining the necessity for a collaborative approach that respects and utilizes indigenous practices alongside contemporary science.

Hands-on

A highlight of the workshop was the use of ‘rich pictures’—participatory drawings that allowed participants to express their perceptions of fire in their landscapes. This creative exercise not only facilitated dialogue but also illuminated the need to include marginalized voices, such as herders and hunters, in fire management strategies.

The artistic contributions from these sessions will soon take the form of a mural billboard, created by international artist Daniel Kweku Anetang, which will be mounted in the Savannah Region. This mural will serve as a lasting reminder of the collective effort to harmonize fire management practices.

Network for Sustainable Practices

Thanks to funding from the Arts and Humanities Research Council (AHRC) Impact Accelerator Award and the Leverhulme Centre for Wildfires, Environment and Society, the workshop concluded by establishing an inclusive network of fire management practitioners.

This network aims to spearhead future projects that promote sustainable fire practices, ultimately benefiting both the environment and the communities that rely on it.

As Northern Ghana navigates the complexities of fire management, efforts like this workshop stand as a beacon of hope—demonstrating that with collaboration and inclusivity, sustainable practices can thrive, ensuring a richer, more balanced ecosystem for generations to come.