In a recent development, five Civil Society Organisations (CSOs) have taken legal action by filing a suit at the Accra high court. Their aim is to halt the Lands Ministry and Forestry Commission from moving forward with their plans to declassify globally significant biodiversity areas. These CSOs are deeply concerned about the potential environmental impact of such actions and are seeking a perpetual injunction to prevent any transactions, contracts, or undertakings that would grant commercial timber rights in these areas.
The primary issue at hand, according to the organisations, is the unlawful issuance of Timber Utilisation Contracts without Parliamentary ratification. The CSOs involved in this legal action are Arocha Ghana, Tropenbos Ghana, Nature and Development Foundation, Civic Response, and Ecocare Ghana.
The suit, which names the Office of the Attorney General, the Ministry of Land and Natural Resources, and the Forestry Commission as defendants, seeks a declaration that the declassification of Globally Significant Biodiversity Areas is unlawful. Additionally, it aims to declare the issuance of contracts without parliamentary ratification as unlawful.
A Rocha Ghana, one of the CSOs involved, has emphasized the illegal nature of these practices and their potential to undermine the country’s environmental protection efforts. The CSOs are also seeking an order for perpetual injunction restraining the Lands Ministry and Forestry Commission from engaging in any transactions involving the granting of timber licenses in the listed areas. Furthermore, they are seeking an order to restrain these entities from further declassifying Globally Significant Biodiversity Areas.
The background to this legal action stems from Ghana's commitment to upholding its constitutional duty to protect environmentally significant areas. The country signed the Convention on Biological Diversity (CBD) in 1992 and ratified it in 1994. As part of this commitment, certain biologically significant areas in Ghana were designated as Globally Significant Biodiversity Areas (GSBAs), which are meant to be preserved at all costs, including prohibiting any form of resource exploitation within them.
The CSOs highlight that the Ministry of Land and Natural Resources applied to the Forestry Commission for the grant of Timber Utilisation Contracts over GSBAs for low-impact logging on a joint management basis. Subsequently, the Forestry Commission confirmed the redesignation of thirty GSBAs as timber protection areas for low-impact logging.
This legal action underscores the critical importance of upholding environmental protection measures and ensuring that significant biodiversity areas are preserved for future generations. The outcome of this suit will have far-reaching implications for environmental conservation efforts in Ghana. It is a reminder of the vital role that civil society plays in safeguarding our natural heritage and holding authorities accountable for their actions. As this case unfolds, it will be closely watched by environmental advocates and stakeholders alike.
In conclusion, the legal action taken by these CSOs reflects a commitment to upholding environmental conservation and challenging practices that could compromise globally significant biodiversity areas. It serves as a reminder of the collective responsibility to protect our natural environment and the need for robust legal mechanisms to ensure its preservation.
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