![FourthEstate](https://thefourthestategh.com/wp-content/uploads/2024/07/4thestate-log-2a.png")
Civil society organisations are urging the government not only to pledge the revocation of the law regulating mining in forest reserves but also to cancel all mining leases granted under LI 2462.
They argue that such actions would demonstrate the government’s genuine commitment to environmental protection, rather than simply yielding to pressure from labour unions and environmental civil society groups.
The Operations Director of A Rocha, Ghana, Daryl Bosu, and Convenor of the Media Coalition Against Illegal Mining, Ken Ashigbey, say while the government’s decision to repeal the law is a welcomed one, there are still pertinent issues that remain unaddressed.
Their demands come on the back of the government’s recent announcement that it plans to revoke the law regulating mining in forest reserves, LI 2462, when Parliament reconvenes this month.
According to a statement from the Ministry of Information, this decision follows a meeting between President Nana Akufo-Addo and organised labour, which had threatened industrial action if the government failed to take drastic steps, including declaring a state of emergency and repealing LI 2462.
The labour unions’ anger was triggered by an investigation by The Fourth Estate, which revealed that as of August 13, 2024, at least 25 companies had submitted 32 applications to mine and prospect in 24 forest reserves. Ten of these mining leases had already been granted by the Minister of Lands and Natural Resources, while 22 others were still awaiting approval. Four of these leases are located in Globally Significant Biodiversity Areas.
A Rocha Ghana’s response
Responding to the government’s decision, Daryl Bosu, Director of Operations at A Rocha Ghana, expressed the environmental civil society organization’s approval of the decision to repeal the law but emphasised that this action must also include the termination of all mining leases granted under it.
“We are happy to hear that the campaign for the revocation of the LI 2462 is now bearing fruit, but why has it taken the government almost two years? It only took the pressure of organized labour and other groups to force the government into action,” he said. It is unfortunate. Without the pressure, the government would not have taken any action. That, in itself, is a dent in the credibility of the government when they say they are committed to sustainable forest management.”
He further noted that it is troubling the government did not recognize the governance flaw in enacting LI 2462 in the first place.
“That is a problem we need to fix. The mindset of sustainability is not strong enough. We need to fix that among our leaders,” he added.
A Rocha Ghana is currently in court seeking a restraining order to prevent all companies granted leases under the law from mining. Mr Bosu stated that even if the law is repealed, A Rocha Ghana would continue to pursue the case until a final decision is made.
Mr Ken Ashigbey, who is a party to the suit, told The Fourth Estate that all the permits issued under the law must not be allowed to stand.
“Beyond the revocation, the President would have to take steps to revoke all the licenses issued under the law,” he said. “It is a critical conversation we must have. If they claim that they have revoked the LI, then the EPA [Environmental Protection Agency] should not be approving applications for permits that are before them.”
He said the government’s statement on what it intended to do had no timelines but noted that it was encouraging that actions were being taken including the burning of chanfans—a crude machinery of Chinese origin used in mining in water bodies.
“I am only hoping that they would pull the chanfans out of the water and take them away because if you burn them and the base remains, they would come and rebuild them,” he said.
Who owns the concessions?
Among those granted leases in forest reserves are companies owned by prominent political figures such as Sam Pyne, the Mayor of Kumasi; Emmanuel Boakye, District Chief Executive of Wassa East, who co-owns a company with the deputy regional women’s organizer of the New Patriotic Party (NPP); and Francis Owusu-Akyaw, the NPP parliamentary candidate for Juaben. Bernard Antwi Boasiako, the Ashanti Regional Chairman of the NPP, has not yet had his company’s lease approved, but Akonta Mining Limited, owned by Mr Boasiako, was involved in illegal mining activities in the Apramprama Forest Reserve, according to the Minerals Commission.
These revelations, along with other media reports, heightened tensions among organized labour, which demanded stronger government action against illegal mining in forest reserves and water bodies.
“Organized labour demands the immediate revocation and withdrawal of all licenses granted for prospecting and mining in forest and protected reserves, as well as around water bodies,” a joint statement from labour unions declared.
They also called for the declaration of a state of emergency, with a direct order from President Akufo-Addo to halt all mining activities, both legal and illegal, in these sensitive areas. Additionally, they demanded the removal of all mining equipment from these locations and the deployment of military and police forces to dismantle any machinery used for mining.
The unions also pushed for the creation of a special court to prosecute individuals involved in illegal mining, which has become a significant public health issue. They set a deadline of the end of September 2024 for the government to address their concerns, threatening labour unrest if action was not taken.
In response, the Minister of Information issued a statement, after the meeting with the labour unions, noting, “The Attorney-General will collaborate with the Chief Justice to ensure swift adjudication of illegal mining cases.” The government also agreed to labour’s request that all presidential candidates in the 2024 elections sign a pact committing to the fight against illegal mining in order to depoliticize the issue.
Despite this, with the government failing to meet the unions’ ultimatum, organized labour declared a strike for October 10, 2024. However, the government expressed surprise at the decision, stating, “The government is surprised by the decision of Organized Labour to proceed on industrial action from 10th October, 2024. The government will, however, continue to engage Organized Labour and other stakeholders in constructive dialogue to find solutions to this national problem.”
The statement reiterated the government’s commitment to combating illegal small-scale mining and called on all stakeholders to join the fight. Subsequently, the labour unions called off the strike.
Thousands of Ghanaians in recent times have been on the street calling for an end to illegal mining that has destroyed the country’s forests and water bodies. At least 52 protesters have been arrested, detained, and charged for offenses including disturbing public peace and stealing. Some have since been released on bail.
In the meantime, the government has reportedly deployed over 100 military officers to remove illegal miners from water bodies and forest reserves. Media reports indicate that these efforts are being coordinated with the Ghana National Association of Small-Scale Miners. On Thursday, the team was active in the Eastern Region as part of the intensified anti-illegal mining operations. Multiple reports state that 18 chanfan machines used for gold extraction along the Birim River were seized and dismantled by the soldiers.
The activities of illegal miners, known as “galamseyers,” continue to pollute the country’s rivers, leading the Ghana Water Company to spend more resources on water treatment. Several cities and rural communities, including Cape Coast, are facing water shortages. Data from the Forestry Commission shows that at least 34 forest reserves have been compromised by illegal mining activities with 5,000 hectares of forest cover destroyed.
