‘Repeal retrogressive L.I 2462 now’ - CSOs take on government over new mining law

Civil Society Organizations (CSOs) have called on the government of Ghana and relevant stakeholders to as a matter of urgency repeal L. I 2462, which deals with mining activities within Forest Reserves.

A stakeholder engagement forum held at the Alisa Hotel on November 9, 2023, brought together representatives from diverse backgrounds, including forest communities, civil society, development partners, research institutes, and governmental bodies such as the Environmental Protection Agency among others.

This gathering was organized by the Nature and Development Foundation in collaboration with A Rocha Ghana, Wacam, and Oxfam to scrutinize the legislative and policy implications of L.I.2462.

According to Clement Akapame of the Taylor Crabbe Initiative, "a bad law is no law” arguing that the L. I 2462 can be summarized as “legislative dissonance, legislative redundancy, and incongruity.”

“L.I 2462 is too retrogressive for it to be allowed to stand as is it therefore recommended that it be repealed with immediate effect,” Daryl Bosu added.

Revelations during the forum pointed to the regulatory shift brought by this legislation, including allowing extensive mining leases within Ghana’s Forest Reserves and other protected areas, contrary to the prior protective measures under existing legislation and the Environmental Guidelines on Mining in Production Forest Reserves (2001 and 2018).

Analysis presented at the forum showed that significant portions of 14 Forest Reserves, including three designated as Globally Significant Biodiversity Areas (GSBAs), and the renowned Kakum National Park, are either under mining leases or have pending lease applications since the enactment of L.I.2462.

According to the group, these figures comprised eight granted leases and 14 applications awaiting review or validation. Moreover, the regulation grants the President the power to override prohibitions, even those concerning GSBAs.

Legal and policy experts weighed in during the forum, presenting opinions that challenged the legitimacy of L.I.2462.

It was argued that the passage of this legislation overstepped the authority of Ghana’s Environmental Protection Agency and Minister for Environment, encroaching on the roles designated to the Forestry Commission and Minerals Commission.

Moreover, the group argued that the regulation lacks a legislative basis as it doesn’t align with the Environmental Protection Agency Act 1994 (Act 490), failing to grant the necessary authority to the environment minister to regulate activities specified in L.I.2462.

The forum also highlighted what they referred to as the inconsistency of the regulation with Ghana’s key environmental policies and international commitments on biodiversity and climate change.

The culmination of the forum resulted in a unified stance among non-state actors, advocating for the repeal of L.I.2462 and the formulation of more comprehensive legislation that safeguards Ghana’s Forest Reserves and protected areas for the benefit of both the local communities and the environment.

Mustapha Seidu, National Director of the Nature and Development Foundation, emphasized the urgency of the situation, stating, "Ghana's forests are for everyone, especially the local forest communities. The L.I.2462 must be repealed NOW!"

The gathering of concerned stakeholders plans to issue a formal communique detailing their concerns and outlining the necessary steps forward in their unified effort to protect the country’s natural resources.















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