The Majority Leader of Ghana’s Parliament, Alexander Afenyo-Markin, has clarified that Parliament has not yet officially received Legislative Instrument (L.I) 2462, which is also known as the Environmental Protection (Mining in Forest Reserves) Regulations 2022.
The instrument, currently under consideration for revocation, has been the subject of significant public attention as the country intensifies efforts to combat illegal mining, commonly referred to as galamsey.
The call for the repeal of L.I 2462 has gained momentum recently, with various advocacy groups, including Organised Labour, pushing for its removal as a key step in the fight against the environmental degradation caused by illegal mining activities in forest reserves. The regulation, which outlines the legal framework for mining within forest reserves, has been criticized for potentially enabling illegal activities that harm the nation’s forests and water bodies.
In a circular dated October 10, 2024, the Minister of Justice and Attorney General, Godfred Yeboah Dame, indicated that the Legislative Instrument had been forwarded to Parliament for action. This move has heightened expectations among environmental groups and civil society organizations that Parliament will act swiftly to revoke the regulation in line with national efforts to protect the country’s natural resources.
Despite the announcement from the Attorney General, Afenyo-Markin, while addressing the media, explained that the legislative process for the revocation of L.I 2462 has not yet been initiated because Parliament is yet to formally receive the document. He emphasized that once the Legislative Instrument is presented to the house, Parliament will give it the necessary attention and ensure that it is addressed appropriately. This step, according to him, will form part of the ongoing national strategy to curb illegal mining activities that have wreaked havoc on the environment.
“I am still learning whether subsidiary law will require any action by Parliament when the same is being revoked. We still learn, the law is always at large, so I am still trying to research on whether executive instrument or legislative instrument will come and all, but I am sure bringing it to Parliament, I don’t know, but we will check it,” Afenyo-Markin stated, expressing his intent to carefully examine the legal procedures involved.
Afenyo-Markin further explained that Parliament’s role in the process would depend on the legal requirements governing the revocation of such an instrument. He admitted that there are still some ambiguities regarding the exact procedure that Parliament would need to follow to revoke L.I 2462, particularly when it comes to the distinction between an executive instrument and a legislative instrument. He reassured the public, however, that the necessary research is being conducted to determine the correct course of action and that Parliament will update the public once the process is clearer.
“So if it comes and it’s a matter of us doing the revocation, the procedure and all would also be looked at. So you get to be updated on that,” Afenyo-Markin assured, indicating that Parliament will ensure that the correct legal steps are followed in handling the matter.
The discussion around L.I 2462 comes at a time when the government is under increasing pressure to take decisive action against illegal mining activities. Galamsey has led to the destruction of vast tracts of forest reserves, the contamination of water bodies, and the loss of biodiversity. The issue has become a major point of contention in the national discourse, with calls for stricter enforcement of environmental regulations and more severe penalties for those found engaging in illegal mining activities.
Organised Labour, along with other environmental groups, has been at the forefront of the campaign to repeal L.I 2462. They argue that the current regulation, even if well-intentioned, provides loopholes that can be exploited by illegal miners, thereby exacerbating the environmental crisis. Their argument is that the removal of this regulation would close the door to mining activities in forest reserves, offering greater protection to these sensitive ecosystems.
The Ministry of Justice and Attorney General’s recent communication to Parliament, signaling the government’s intent to repeal the instrument, has been seen as a positive step by these advocacy groups. However, they remain vigilant, urging Parliament to act swiftly to ensure that the revocation process is completed without delay.
In the broader context, the revocation of L.I 2462 is part of a larger national effort to reform mining practices in the country. While mining, particularly gold mining, has been a critical contributor to Ghana’s economy, the environmental costs of unregulated and illegal mining have reached alarming levels. The government, under President Nana Addo Dankwa Akufo-Addo, has pledged to tackle the issue head-on, introducing measures to regulate mining activities and restore degraded lands.
However, challenges remain, including the need for stronger enforcement of mining regulations and increased support for sustainable mining practices. The revocation of L.I 2462 is seen as a key part of this broader strategy, and the coming weeks will be crucial as Parliament considers its role in this process.
As Ghanaians await further updates, it is clear that the battle to save the country’s forests and water bodies from the ravages of illegal mining is far from over. The revocation of L.I 2462, if successfully completed, could be a significant milestone in this ongoing struggle, but it will require sustained effort from all stakeholders, including the government, Parliament, civil society, and the mining sector, to ensure that the country’s natural resources are protected for future generations.
