CSOs take legal action to halt mining in forest reserves

By Kizito CUDJOE

A coalition of six civil society organisations (CSOs) and an individual have filed a lawsuit against government in a bid to stop mining activities in the country’s forest reserves, citing ecological destruction and violations of statutory law.

The plaintiffs – 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 – announced at a press conference that they have lodged a writ of summons at the High Court.

They have named several government officials and institutions as defendants, including the Minister for Environment, Science, Technology and Innovation; Environmental Protection Agency (EPA); Minister for Lands and Natural Resources; Minerals Commission; Speaker of Parliament; and the Attorney-General (AG).

Their lawsuit challenges the legality of Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I. 2462), arguing that the law was improperly enacted.

The CSOs allege that the regulations were introduced without conducting a mandatory fiscal impact assessment, as required under Ghana’s Public Financial Management Act, 2016 (Act 921).

The plaintiffs also claim that the regulation directly contradicts the country’s long-standing legal frameworks governing natural resources such as the Minerals and Mining Act, 2006 (Act 703) and Forests Act, 1927 (CAP 157), which explicitly prohibit mining in forest reserves.

The suit argues that the new regulations undermine decades of environmental protection efforts.

According to the CSOs, at least 24 forest reserves – including seven designated as ‘Globally Significant Biodiversity Areas’ (GSBAs) – are under threat, with mining leases already granted within some of their borders. In several cases, such as the Draw River Forest Reserve, multiple mining applications are currently pending.

Despite these developments, they said, the Minerals Commission continues to process mining applications, with the latest recorded in August 2024; exacerbating fears that mining will further erode Ghana’s critical forest cover and biodiversity.

The coalition has therefore filed an application for an interlocutory injunction, seeking to immediately halt any issuance of new mining permits under the disputed regulations.

They are also asking the court to restrain licence holders from conducting mining activities in forest reserves and prevent the President of the Republic of Ghana from granting any further approvals for mining in globally significant biodiversity areas.

“Our forests are essential to the survival of current and future generations,” the coalition said in a joint statement. “Ghana’s forest ecosystems provide vital services – clean water, fresh air, biodiversity and raw materials – that underpin the livelihoods and well-being of millions.

These ecosystems must be protected from the devastation caused by mining,” said the statement read by Deputy National Director-A Rocha Ghana, Daryl Bosu.

The plaintiffs argue that L.I. 2462, which permits mining in forest reserves, represents a departure from Ghana’s long-standing progressive policies on environmental conservation.

They warn that the regulation could result in irreversible damage to some of the country’s most ecologically sensitive areas, jeopardising national efforts to combat climate change and preserve biodiversity.

Mr. Bosu, a prominent environmental advocate, stressed that the suit is part of a broader effort to hold government institutions accountable for decisions which impact the country’s natural heritage.

While explaining that the CSOs are not against responsible mining, he added that government’s decision to allow mining in forest reserves is not only illegal but also short-sighted.

“This legal action aligns with our shared commitment to environmental conservation and protecting 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,” they noted.

Furthermore, they asserted that 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.”

The CSOs have retained the legal services of Merton & Everett LLP, a firm specialising in environmental and public interest litigation.

The country’s forest reserves have faced increasing pressure from illegal mining activities, known locally as ‘galamsey,’ which have caused widespread environmental degradation.

Despite government crackdowns on illegal mining, legal mining concessions continue to expand into protected areas – fuelling concerns that efforts to curb deforestation and habitat destruction are falling short.

The post CSOs take legal action to halt mining in forest reserves appeared first on The Business & Financial Times.

Read Full Story