Atewa Forest Mining: Gov’t faces court

February 6, 2023 Leave a comment

On Monday (6 February), an Accra High Court will begin hearing the case in which some civil society groups are attempting to prevent the government from mining in the Atewa Forest in Ghana’s Eastern Region.

Some CSOs and four private citizens sued the government in July 2020 over the exploration and drilling of deep wells in the Atewa Forest Reserve.

The plaintiffs’ counsel, Mr Martin Kpebu, filed the writ against the Attorney General at the General Jurisdiction Court (High Court) Division.

A Rocha Ghana, Flower Ghana, Concern Citizens of Atewa Landscape, Ghana Youth Environmental Movement, Ecocare Ghana, Kasa Initiative Ghana, and Save the Frogs Ghana are among the CSOs involved.

Awula Serwah, Oteng Adjei, and Boakye Twumasi- Ankrah are private citizens.

Awula Serwah, Oteng Adjei, Boakye Twumasi- Ankrah, and Nana Asante are private citizens.

The Plaintiffs’ full Statement of Claim is provided below.

STATEMENT OF CLAIM

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The 1^st plaintiff is a committed environmental NGO, registered under the laws of Ghana and forms part of an international network of conservation-oriented organisations.

The 2^nd plaintiff is also a registered local environmental NGO based in the Eastern Region of Ghana

The 3^rd and 4^th Plaintiffs are private citizens of Ghana who share in the ideals of nature conservation for the benefit of humanity.

The defendant is constitutionally mandated to sue and defend all actions by or against the Government of Ghana.

Plaintiffs state that as patriotic citizens of Ghana, they bear a constitutional duty under article 41(k) of the Constitution of Ghana, 1992 to protect and safeguard the environment.

Plaintiffs also have a social responsibility to protect the public from exposure to environmental harm, especially when scientific investigation has found a plausible risk.

Plaintiffs state that the government has a greater responsibility to protect and safeguard the environment; and to address climate change.

Plaintiffs state that notwithstanding government’s responsibilities as stated in paragraph 7 supra, the Government of Ghana in 2017 signed a Memorandum of Understanding with the People’s Republic of China to develop a bauxite industry in Ghana with Atewa Range Forest as one of the sources of bauxite.

Plaintiffs are not opposed to the Government’s quest to mobilise revenue through various endeavours including exploiting Ghana’s natural resources for national development. However, it is the case of plaintiffs that Ghana does not need to exploit the Atewa Range Forest bauxite reserves because there are far richer bauxite reserves according to information available to Government, which Government has made publicly available.

Plaintiffs further state that the Ghana Integrated Aluminium Development Cooperation (GIADEC) estimates that there are 900 million tons of bauxite minerals across Ghana; with Nyinahin alone holding up to 700 million tonnes whilst Awaso and Kyebi contain 60 million, and 160 million tonnes respectively.

It becomes clear that only 17.78% of Ghana’s bauxite can be found in Kyebi, the area within which the Atewa Range Forest can be found. Hence over 82% of Ghana’s bauxite can be mined without compromising the existence of Atewa Range Forest.

Plaintiffs state that Atewa Range Forest has been traditionally managed for water production, catchment protection, biodiversity conservation, and recreation, all of which are incompatible with bauxite mining. The forest is also administratively classified as Globally Significant Biodiversity Area (GSBA) and a protected forest reserve, for which all mining activities are to be excluded.

Plaintiffs further state that Atewa Range Forest is a site of high biodiversity value and protects the watershed for three major rivers and several other streams serving clean water to 5 million Ghanaians.

Plaintiffs further contend that strip mining is the only way to mine Ghana’s bauxite due to its closeness to the surface. This method removes all vegetation, habitats and topsoil, while the rock beneath is then broken up with explosives. As such the obvious results from these activities include; loss of biodiversity, loss of access to clean water, build-up of Green House Gases, loss of climate amelioration services, loss of emission reduction services, loss of medicinal/economic valuable plants and change in tourism potential of the area among others.

Plaintiffs state that a clear example of the destruction that is caused to forests by bauxite mining is Ghana’s existing bauxite mine at Awaso in the Western Region, now a desert of red mud that replaced a once thick forest

In accordance with plaintiffs’ responsibilities as stated in paragraphs 5 and 6, plaintiffs and other institutions such as; Save the Frogs Ghana, Herp Ghana, Ghana Institute of Foresters, Ghana Wildlife Society, The Development Institute, Friends of the Earth Ghana, Tropenbos Ghana, Coalition of NGOs Against Mining Atewa, Christian Council of Ghana, Ghana Institute of Foresters, KASA Ghana, EcoCare Ghana, Amphibian Survival Alliance, Birdlife International, Global Wildlife Conservation, Rainforest Trust, RSPB and WWF embarked on series of campaigns to persuade government to recline its decision to mine bauxite at the Atewa Range Forest.

Plaintiffs organised several walks to create awareness among Ghanaians and over 150,000 individuals across the globe have now added their names to petitions calling for Atewa Range Forest to be protected.

Plaintiffs and other groups also urged the President to protect the Atewa Range Forest in a letter dated 6^th July 2018 but the President evinced no interest for this cause.

Plaintiffs state that various articles have been published on local and international media to inform, educate, and win support to protect Atewa Range Forest but the Government of Ghana consistently demonstrates no interest at all.

Plaintiffs have noticed with great concern the government’s determination to mine the Atewa Range Forest. Hence, on the 27^th day of January 2020, plaintiffs served defendant a notice of intension to bring a legal action against the Government of Ghana, should the Government fail to exclude Atewa Range Forest from its bauxite mining projects.

Plaintiffs state that environmentalist have on many occasions cautioned that “extracting bauxite from Atewa Range Forest is incompatible with biodiversity conservation and the ecosystem services that the forest provides. It will spell the end of the unique and irreplaceable species that the forest contains”.

Plaintiffs state that considering the critical importance of Atewa Range Forest to the water supply system and biodiversity among others, it will not be best to exploit the Atewa Range Forest.

Wherefor plaintiffs claim the following reliefs against the defendants:

A declaration that the right to life and dignity as enshrined in the Constitution of Ghana, 1992 include (a) the right to a clean and healthy environment and (b) the right to have the environment protected for the benefit of present and future generations.

A declaration that mining of bauxite in the Atewa Range Forest violates the right to life and dignity as enshrined under articles 13 and 15 of the Constitution of Ghana (1992).

iii. An order, compelling the Government of Ghana and its agents to take the necessary steps to protect Atewa Range Forest in accordance with its constitutional obligations as contained under article 36(9) of the Constitution (1992).

An order, restraining the Government of Ghana, its assigns and agents, servants, workmen, allotees and guarantees whatsoever and howsoever described from undertaking mining and its related activities in the Atewa Range Forest.

DATED IN ACCRA THIS 17^TH DAY OF MARCH 2020.

Source: Radiooneghana.com