Five Civil Society Organisations (CSOs) have hinted of their intention to drag the government to court if it fails to annul contracts with Sone Mining to log and mine in Globally Significant Biodiversity Areas (GSBAs) across the country.
The CSOs are A Rocha Ghana, Trophenbos Ghana, Civic Response, Nature and Development Foundation, and Ecocare Ghana.
The CSOs raised concerns over the recent declassification of GSBAs in some forest reserves, including the Subri River Forest Reserve and Krokosua Hills Forest Reserve, and the subsequent award of timber utilisation contracts to some logging companies.
Speaking on behalf of the CSOs at a press conference on Thursday, May 16, 2024, the Deputy Director of A Rocha Ghana said, “We find this a breach of due process and legal stipulations; therefore, we are promoting the issuance of this notice of intent to commence legal proceedings should the government fail to annul the aforementioned contracts.”.
He posits that the decision by the CSOs is to safeguard Ghana’s natural environment.
He noted that these gazzetted forest reserves or parts have been identified for protection and exclusion of logging to conserve rare, threatened, or endangered flora and fauna, or exceptional examples of rare or unique ecosystems.
He claimed that they had already served notice to the government on April 19, 2024, to seek legal action over the matter.
The CSOs, among other issues they seek to have the court address, include the issuance of the Timber Utilisation Contract without adherence to the competitive bidding process as stipulated in Regulations 12 of LI 2254 and the absence of parliamenatry ratification as required by sections 5 and 9 of Act 547.
This, he stressed, has rendered the contact legally void.
He noted that there would also be a petition to the court to restrain the Minister of Lands and Natural Resources and the Forestry Commission fromengaging in similar transactions withoutproper parliamentary ratification.
“In light of the foregoing, we urge the government to reconsider its actions andengage constructively in resolving thismatter in accordance with the rule of law.and best practices in natural resourcesmanagement”.
“We also hereby affirm our unwaveringcommitment to the sustainable management of Ghana’s forest reserves and call upon all stakeholders to uphold the principles of transparency, accountability, and environmentalstewardship’ he added.
He revealed that it was left with about a week from the expiration of that 30-day notice it had given and that if the government did not take steps to engage and annul the contracts, it would sue by filing the CSOs statement in court.
The laws of the country are very clear.and that the court proceeding was tochallenge an irregularity that was goingon administratively, and that if the rule oflaw should be upheld, the court shoulddecide the case in favour of protectingforest reserves in the country andsubsequently cancel all the contracts thathad been signed.
The government’s actions in converting protected forests like GSBAs into logging and mining areas have prompted CSOs to issue a formal notice of intent to pursue civil action against them, he stressed.
“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.
While acknowledging the government’s developmental objectives and the imperative to utilise natural resources for national progress, we are of the conviction that such utilisation must strictly adhere to the 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),” he concluded.
By: Rainbowradioonline.com/Ghana
