The Coalition of Civil Society Organisations (CSOs) has sent a plea to the Asante throne and the National House of Chiefs, urging intervention to revoke the controversial "Environmental Protection (Mining in Forest Reserves) Regulation L.I. 2462."
The coalition argues that this regulation, enacted in June 2022, poses a significant threat to Ghana's natural heritage and jeopardises the country's commitment to forest protection and the fight against climate change.
The CSOs in a petition dated December 8, 2023, and signed by Seth Appiah-Kubi of Arocha Ghana, addressed to Asantehene Otumfuo Osei Tutu II and the National of Chiefs, expressed concerns over the clandestine nature of the regulation's passage, bringing it to the public's attention only in March 2023.
According to the CSOs, prior to L.I. 2462, Ghana's forest reserves were safeguarded by existing legislation and environmental guidelines. However, this new regulation, if left unchallenged, could rapidly dismantle these protections, they worried.
''The narrative unfolds against the backdrop of the constitutional duty imposed on the government to protect and preserve the national environment, including essential elements like forests, water resources, and wildlife," the petition said.
The CSOs argued that L.I. 2462, in its present form, exposes forest reserves to potential destruction by miners, undermining their very purpose of protection.
"One of the key contentions is the lack of proper stakeholder consultation during the regulation's formulation," they said.
The CSOs argued that the rights granted under L.I. 2462 could nullify previous efforts to reduce deforestation, biodiversity loss, and pollution.
The CSOs stated that the regulation is portrayed in stark contradiction to the 2018 'Environmental Guidelines for Mining in Production Forest Reserves in Ghana' and the 2012 Forest and Wildlife Policy.
The narrative also delves into the constitutional concerns raised by the Environmental Protection Agency's (EPA) role in regulating mining in forest reserves, the petition said.
The CSOs argued that this encroachment on the mandates of the Minerals Commission and the Forestry Commission violates constitutional directives related to managing natural resources.
They said further scrutiny reveals that L.I. 2462 lacks a legislative foundation, rendering it unconstitutional and an overreach of the Minister's authority. The group emphasizes the critical distinction between Executive Instruments and Legislative Instruments, asserting that an L.I. cannot implicitly repeal an E.I.
The story underscores the profound connections Ghanaians have with their natural environment, depicting forests as not merely geographic features but sacred symbols intertwined with cultural identity.
The CSOs stressed the invaluable services forests provide, from spiritual significance to supporting traditional healing practices and fostering economic well-being.
The CSOs, in their petition, also explored the contradictions between L.I. 2462 and various national policies, plans, and international commitments related to forest protection, climate change, and biodiversity conservation.
The petition highlighted the potential impact on investors in Ghana's forest industries and the broader implications for the economy.
In conclusion, the story paints a vivid picture of a nation at a crossroads, faced with the urgent need to safeguard its natural heritage against the potential ravages of L.I. 2462.
"Your Majesty from the above, it is evident that L.I. 2462 is a bad law and has the potential of reversing the gains on forest management and the fight against climate change," the CSOs' petition concluded.
Asantehene Osei Tutu II