The Director of the Nature and Development Foundation, Mustapha Seidu, has endorsed the government's decision to amend Legislative Instrument (L.I.) 2462, which permits mining in Ghana's forest reserves. However, he warned that the changes must go beyond token adjustments to ensure full protection of the country’s forest resources.
Speaking at the JoyNews National Dialogue on Repealing L.I. 2462, Mr. Seidu described the government's intention to remove presidential powers that allow mining in Globally Significant Biodiversity Areas (GSBAs) as a significant and welcome development.
“I think it is a good step for the President and the government to say they want to do something about it. Taking away the President’s power to permit mining in GSBAs is significant — but if we stop there, we may end up protecting less than 10% of all forest reserves,” he stated on Thursday, May 8.
Mr. Seidu pointed to the structure of the regulation itself as a core problem. According to him, Regulation 3 of L.I. 2462 creates a loophole by only specifying areas where mining is prohibited, thereby making all other forest areas implicitly open to mining.
He stressed that mining in forest reserves should be the exception, not the norm, and flagged the legal complexities that could arise from trying to halt long-standing operations.
“Some companies have been mining for decades in these areas, and removing them could pose contractual challenges. But that should not justify an open-door policy to mining in all reserves,” he argued.
While acknowledging some useful components of the L.I., Mr. Seidu highlighted provisions that introduce governance over mining revenue, especially a clause that earmarks 0.6% of proceeds for specific use.
“Before this law, although the funds were being collected, there was no concrete legal framework guiding their use. That part of the law is significant,” he noted.
Despite these positives, Mr. Seidu maintained that more comprehensive reforms are needed. He called for amendments that prioritise environmental sustainability and prevent unchecked exploitation of Ghana’s forest reserves.
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