Maybe, someone needs to be reminded at the office of the Ghana Integrated Aluminium Development Corporation (GIADEC) that, the proposed mining of bauxite in the Atewa Forest Reserve, a critical watershed, is a matter of litigation at the Accra High Court. Per the laws of Ghana, until the final determination of the case, the government of Ghana through GIADEC cannot arrogate to itself any power to give out the forest for mining. It was in July 2020 that some Civil Society Organisations (CSOs) and four private citizens, jointly sued the government over the mineral exploration plans in the Atewa Forest Reserve. The plaintiffs, in their writ, want an order compelling the Government and its agents to declare the Atewa Range Forest (ARF) as a “Protected Zone” and take steps to protect the forest in accordance with its constitutional obligation, as contained under Article 36 (9) of the 1992 Constitution. They also want an order directed at the government to restore and pay cost for the restoration of damages that have been caused to the ARF. The plaintiffs are also seeking a declaration that the mining of bauxite in the ARF violates the right to life and dignity, as enshrined in the Constitution. According to them, the right to life and dignity, as enshrined in the Articles 13 and 15 of the Constitution, included the right to have the environment protected for the benefit of the present and future generations. In their statement of case, the plaintiffs say they were private citizens and organizations involved in advocacy aimed at protecting the environment and they bore the Constitutional duty under Article 41(k) of the Constitution to protect and safeguard the environment. They also had a social responsibility to protect the public from exposure to environmental harm, especially when scientific investigation “has found a plausible risk”. With the case currently ongoing at the Accra High Court, it came as a big surprise to many Ghanaians when GIADEC announced on Friday that it has finalised negotiations with its ‘preferred strategic partner’ for the planned bauxite mining in the contested Atewa Forest (Project 3), which is going through the necessary approval processes. A disregard to the law? No, that cannot happen under a democratic and constitutionally ruled country like Ghana where the tenets of the rule of law is always upheld. So, in case officials of GIADEC have forgotten, then I am serving them a reminder that, the issue of mining bauxite in the Atewa forest reserve is pending in court and it is binding on all parties to wait for the outcome of the case.
Strategic Partners of GIADEC should Stay Off Atewa Forest
Meanwhile, environmental NGO, A Rocha Ghana, is also reminding all investors and mining companies – especially GIADEC ‘preferred strategic partner’ – that the Atewa Forest is a no-go area for bauxite mining. A statement signed by Daryl Bosu, Deputy National Coordinator for A Rocha Ghana, said the Atewa’s no-go area status for mining has already been made abundantly clear, and as a reminder, it includes government’s April 2021 ban on prospect licensing and activities in all Ghana’s Forest Reserves, and Ghana’s mining guidelines that exclude sites like Atewa from mining. It said Atewa’s 2021 status as an Alliance for Zero Extinction (AZE) site triggers the International Finance Corporation’s Performance Standard 6 (IFC-PS6), confirming Atewa as a no-go area for mining, and the ECOWAS Mining Directive states that lands with ‘peculiar risks to the preservation of security including areas which have environmental, social and cultural sensitivity to mining operations’ – a category into which Atewa clearly falls – must be made no-go zones for mining. The statement said A Rocha Ghana also reminds government and GIADEC that only one year ago, the Okyenhene, Osagyefo Amoatia Ofori Panin gave voice to his desire that the Atewa Forest should be made a National Park to be protected in perpetuity for the benefits his communities derive from the forest, “the King of the forest wishes must be respected.” It said GIADEC and its partner should also be reminded that key multinational aluminium-user companies BMW, Tetra-Pak and Schüco International have expressed deep concerns about government’s plans, saying bauxite from the Atewa Forest would present an unacceptable risk for their companies. “They went so far as to say they would not accept aluminium derived from Atewa’s bauxite in their supply chains, with one adding if the mining did not meet certain forest and climate change standards. These companies no doubt speak for many. Their rejection would present a huge marketing challenge to GIADEC and its strategic partner”. The A Rocha statement added that Resistance comes from local communities, civil society, professional institutions, state agencies, international development agencies, private companies, and individuals both in Ghana and abroad for many reasons. We again share some of these points as a reminder. It said about 5 million people benefit from Atewa’s clean water every day, and water contamination from bauxite mining is extremely dangerous people are advised not even to touch it, let alone drink it, asking where will the 5 million people, especially the forest communities, get their clean water from when it is contaminated by bauxite mining? The statement said Atewa Forest also protects key habitats and species, including the critically endangered frog species discovered by the Center for Scientific and Industrial Research and proudly announced in government’s 2022 budget statement, “Paradoxically, the bauxite mining will destroy the very site and species that government in 2021 was so proud of.” It said that when governments across the world, including Ghana, are ramping up actions to address biodiversity loss and climate change; mining Atewa will do the exact opposite and put one of Ghana’s most spectacular sites for wildlife at risk. “The Wallace Initiative has classified Atewa as being in the top two per cent of all the world’s protected areas for biodiversity resilience to climate change and, consequently, for maintenance of ecosystem service, and this quality will be lost if government’s mining plans go ahead”. The Environmental NGO statement again urged government and GIADEC to exclude bauxite in the Atewa Forest as part of Ghana Integrated Aluminium Industry because Ghana’s integrated aluminium industry can thrive without targeting the bauxite at Atewa Forest, “Ghana has both a ban on mining in Forest Reserves and mining guidelines that exclude Atewa from these developments. It said mining a forest that protects critical water sources, biodiversity, and other ecosystem services would be both myopic and dangerous for Ghana, especially for Atewa’s communities and future Ghanaians. The A Rocha statement serves notice to GIADEC and its preferred strategic partner that, given the infringement of the development on our right to a healthy environment, water and climate resilience, both for downstream and upstream communities. “We will take all necessary legitimate steps available to us as citizens within and without the borders of Ghana to resist any plans to destroy Atewa Forest and the invaluable services it provides to Ghanaians.”