The impending transition of power to the National Democratic Congress (NDC) government in Ghana, the West African country, on January 7, 2025, has sparked optimism among environmental advocates.
They anticipate that the newly elected administration will repeal the contentious Legislative Instrument (L.I. 2462) that permits destructive activities in Ghana’s forests, including Globally Significant Biodiversity Areas (GSBAs).
The Environmental Protection (Mining in Forest Reserves) Regulations, 2022 (L.I.2462) was passed in November 2022, exercising the powers conferred on the Minister responsible for the Environment by Section 62(1) of the Environmental Protection Agency Act, 1994 (Act 490). The purpose of the L.I. is to provide for mining activities in forest reserves and other related matters.
According to some Civil Society Organisations (CSOs) in the country, they only got to know about the passage of the L.I. 2462 in March 2023 at a workshop organised by the Environmental Protection Agency in Accra. The CSOs argued that, with no proper stakeholder consultation, the L.I. can potentially render significant efforts made at reducing deforestation, biodiversity loss, pollution, and climate change.
The L.I. 2462, according to the CSOs, contradicts previous government policy on mining in forest reserves as contained in the 2018 ‘Environmental Guidelines for Mining in Production Forest Reserves in Ghana’ and the 2012 Forest and Wildlife Policy.
Since passing the legislative order LI 2462 in November 2022, Ghana has doled out mining permits at a record pace. According to the Ghana Institute of Foresters (GIF), mining leases granted were over about 390,000 hectares (964,000 acres), a fifth of the country’s forests, in the year following its passage.
following widespread criticism of the L.I. from civil society organizations and the media ahead of the December 7 general elections of the country, the then-presidential candidate of the main opposition National Democratic Congress, (NDC), Mr John Dramani Mahama promised to scrap the new L.I. if elected.
Speaking during an interaction with members of the Upper West Regional House of Chiefs on Monday, Oct. 14, he said the L.I. 2462 had exacerbated the mining situation in all the forest reserves. “Until they amended the L.I., you couldn’t go and mine in forest reserves. Once this government came and amended the L.I. that is what has resulted in the free-for-all in all forest reserves. And you should see the desecration of these reserves. So I believe that we must amend the L.I.”
“With the pressure from Organised Labour, government has agreed to repeal that L.I. and replace it and so I hope that it will be done before we come into office, if it is done, that is it, if it is not done, we come, we will repeal that LI so that we can stop mining in forest reserves,” he said.
Apart from the assurance by the NDC presidential candidate who became the winner of the December 7 general elections, other Presidential Candidates for the December 7 elections also pledged to end irresponsible and unsustainable mining, also known as galamsey, in Ghana.
The candidates are the New Patriotic Party’s Dr Mahamudu Bawumia and Vice President of the Republic, and independent candidate, Alan Kyerematen . The rest are the Liberal Party of Ghana, Kofi Apaloo, Hassan Ayariga of All People’s Congress and John Twum-Barimah-Adu, an independent candidate.
This was disclosed at a press conference organized by the Ghana Coalition Against Galamsey (GCAG) at the International Press Centre on Thursday, December 5, 2024. The coalition is made up of many environmental groups and professional bodies, such as A Rocha Ghana, the University Teachers Association of Ghana, the Ghana Institute of Architects, and the media.
A key convenor of the coalition, Dr Kenneth Ashigbey, said at the press conference that they would mount tremendous pressure on whoever wins the impending elections to immediately end galamsey. “What have we gotten from the elections, (from) 1992 to date. The benefits have gone to the political class. But that ends today,” he said.
“As has been said, there is no honeymoon for whoever wins the next election. If they want a honeymoon, they should celebrate it before the 7th.”
Speaking in an exclusive interview with ghenvironment.com, Mr Lewis Kwofie, a resident of Gwira-Banso and a crusader against mining in the Draw River Forest, was optimistic that the President-elect, John Dramani Mahama, would fulfill his promise and amend the L.I. 2462.
GSBA’s Under threat
Two years after the passage of L.I. 2462, ghenvironment.com’s investigation desk sought to find out the damage caused to some of Ghana’s protected forest reserves, especially the GSBA’s. The investigation team visited the Draw River Forest Reserve in Gwira Banso in the Nzema East District of the Western Region, where a mining license was granted to Betterland Ghana Ltd. The Neung South Forest Reserve in the Tarkwa Municipality, with a mining license granted to Kapsord Mining Ltd covering 18%, was also visited. The Boin Tano Forest Reserve has been given to Unipower Mining Company Ltd for mining.
In August this year, the investigation team traveled to Gwira Banso to observe the harm caused to the Draw River Forest after the government gave it out for mining. Established in 1937, the Draw River Forest Reserve covers 235 km² (91 sq mi) and has been designated an Important Bird Area (IBA) by BirdLife International.
The team discovered excavators clearing the forest and a mobile office set up deep inside the forest. However, Betterland Ghana Ltd denied clearing the forest, despite community members’ insistence that the company was responsible. The investigation team approached a worker in the forest reserve, who explained that they were conducting test drills for a company, though he failed to mention the company’s name.
According to the worker, there are large deposits of gold and other minerals in the Draw forest, and the test drills would enable them to identify resource estimation. When pressed for details, he refused, citing lack of permission from his company. However, he mentioned that another company would be conducting alluvial mining in the upper part of the forest.
Mr. Lewis Kwoffie, a royal from the Gwira Banso stool land, insisted that the test drill in the forest was sponsored by Betterland Ghana Ltd. He revealed that some aggrieved residents, with the help of Civil Society Organisations, have sued the company, the Minerals Commission, and the Forestry Commission at the Tarkwa High Court to stop mining activity in the forest.
Kwoffie urged President-elect John Dramani Mahama to repeal L.I. 2462 as promised during the campaign season. He emphasized that they would continue to fight the case in court to protect the forest for future generations.
The bloody clash at Neung South Forest Reserve
The Neung South Forest Reserve, located in the Tarkwa Municipality of the Western Region and also a GSBA, covers 131.72 km² and is under severe threat.
Eyewitnesses told ghenvironment.com seeing excavator machines and a washing plant near the forest reserve. There is confusion between illegal miners and Kapsord Mining Limited, which has been granted permission to mine in the forest reserve.
The illegal miners have mounted barriers to restrict Forestry Commission staff from accessing the reserve. According to an eyewitness, prior to Kapsord Mining Limited’s arrival, illegal miners dominated the area. However, Kapsord has taken over and mounted a security post with concession guards to protect their assigned portion.
The security post was set ablaze by unknown individuals following a shooting incident between concession guards and illegal miners. The illegal miners blame Forestry Commission staff for inaction during the incident.
“It has been very chaotic here since Messrs Kapsord fully took over its mining concession at the beginning of this year” Kofi Gyambibi, an eyewitness told ghenvironment.com. He said, residents of nearby communities feel threatened by the continuous aggression between the mining company and the illegal miners.
He urged President-elect John Mahama to prioritize repealing the legislative instrument that has given unfettered access to forest destruction.
The Boin Tano Forest Reserve
The Boin Tano Forest Reserve, established in 1968, is a nature reserve located in the Western Region of Ghana. It covers 129 km² (50 sq mi) and is rich in floral and faunal species. The reserve has been designated an Important Bird Area (IBA) by BirdLife International.
It has species such as African Brush-tailed porcupine, African Bush Elephants, African Civets, Abo bats, African Buffalo and big-eyed tree frog among many other species.
According to the Mining Repository of Ghana’s Minerals Commission, the Boin Tano Forest Reserve has been given to Unipower Mining Company Ltd for mining. During the investigation team’s visit, it was discovered that illegal miners have entered the forest, destroying portions of it in search of gold.
Emmanuel Gyamfi, a resident, emphasized that mining would disrupt the rich biodiversity and urged the government to withdraw the license granted to Unipower Mining Company and chase out illegal miners to protect the forest’s resources.
By: Awudu Salami Sulemana Yoda
