Some Civil Society Organisations (CSOs) in the environment sector have served notice to sue the government of Ghana over an attempt to convert Globally Significant Biodiversity Areas (GSBAs) into logging and mining areas. The CSOs are A Rocha Ghana, Tropenbos Ghana, Civic Response, Nature and Development Foundation, and EcoCare Ghana. Addressing a press on Thursday May, 16, Deputy Director of A Rocha Ghana, Daryl Bosu, said, recent developments resulting from the active actions of the government of Ghana, have led to unprecedented risk to convert Ghana’s protected forests such as GSBAs into logging and mining areas. This, he said, has compelled them to issue a formal notice of intent to pursue civil action against the government.
“We have taken this critical step in accordance with Section 19(1) of the State Proceedings Act, 1998 (Act 555), to fulfil our constitutional duty in safeguarding the natural environment, as enshrined in Article 41(k) of the 1992 Constitution”, he said. While acknowledging the government's developmental objectives and the imperative need to utilize natural resources for national progress, Mr Bosu revealed that, they are of the conviction that such utilization must strictly adhere to legal frameworks outlined in the 1992 Constitution, the Timber Resources Management Act, 1998 (ACT 547) as amended, and the Timber Resources Management and Licensing Regulation, 2017 (LI 2254). “Of particular concern is the recent declassification of Globally Significant Biodiversity Areas (GSBAs) within some forest reserves including the Subri River Forest Reserve and Krokosua Hills Forest Reserve, and the subsequent awarding of a Timber Utilization Contract to some logging Companies to operate in same”, he said. “We find this as a breach of due process and legal stipulations, therefore prompting the issuance of this notice of intent to commence legal proceedings should the Government fail to annul the aforementioned contracts”, Mr Bosu added. According to him, the key issues of possible legal redress include the issuance of the Timber Utilization Contract without adherence to the competitive bidding process mandated by Regulation 12 of LI 2254, the absence of Parliamentary ratification, as required by Sections 5 and 9 of Act 547, rendering the contract legally void and a plea to restrain the Minister of Lands and Natural Resources and the Forestry Commission from engaging in similar transactions without proper Parliamentary ratification.
“In light of the foregoing, we urge the Government to reconsider its actions and engage constructively in resolving this matter in accordance with the rule of law and best practices in natural resource management. We also hereby affirm our unwavering commitment to the sustainable management of Ghana's forest reserves and call upon all stakeholders to uphold the principles of transparency, accountability, and environmental stewardship”, he said.