Breach of legal stipulations: Coalition of CSOs threatens to sue government over forest logging contracts

A coalition of civil society organizations (CSOs) has threatened to pursue legal action against the Government of Ghana.

According to the CSOs, the recent actions of the government have threatened the integrity of the nation's protected forests.

The coalition, comprising A Rocha Ghana, Tropenbos Ghana, Civic Response, Nature and Development Foundation, and EcoCare Ghana, has cited the government's actions as a breach of due process and environmental laws.

Speaking on behalf of the CSOs during a press conference on May 16, 2024, at the International Press Centre in Accra, Daryl Bosu, the Deputy National Director of A Rocha Ghana, stated, "Recent developments resulting from the active actions of the Government of Ghana, which have led to an unprecedented risk of converting Ghana's protected forests, such as Globally Significant Biodiversity Areas (GSBAs), into logging and mining areas, have compelled us to issue a formal notice of intent to pursue civil action against the Government of Ghana.

"Our constituent team of CSOs includes A Rocha Ghana, Tropenbos Ghana, Civic Response, Nature and Development Foundation, and EcoCare Ghana.

"We have taken this critical step in accordance with Section 19(1) of the State Proceedings Act, 1998 (Act 555), to fulfill 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 need to utilize natural resources for national progress, we are of the conviction that such utilization 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 Regulations, 2017 (LI 2254)," he said.

According to him, the government's awarding of Timber Utilization Contracts to logging companies for operations in forest areas raises concerns.

He stressed that the utilization of natural resources must comply with 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 Regulations, 2017 (LI 2254).

Key legal issues raised include the alleged non-adherence to the competitive bidding process mandated by Regulation 12 of LI 2254 and the absence of the required Parliamentary ratification as stipulated by Sections 5 and 9 of Act 547, which the CSOs argue renders the contracts legally void.

"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 address these concerns."

The coalition is calling for the annulment of the timber contracts and seeks to restrain the Minister of Lands and Natural Resources and the Forestry Commission from engaging in similar transactions without proper Parliamentary approval.

"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," he added.

He reaffirmed the organization's commitment to the sustainable management of Ghana's forest reserves and called upon all stakeholders to uphold the principles of transparency, accountability, and environmental stewardship.