Stop Degazetting Forest Reserves - CEIA Tells Govt

The Centre for Environmental Impact Analysis (CEIA) has urged the Ghanaian government to cease the degazetting of Globally Significant Biodiversity Areas (GSBAs) and other forest reserves for logging and mining, asserting that such actions undermine environmental justice. This call highlights a critical tension between economic development and environmental conservation in Ghana. The legal framework governing forest reserves, primarily the Forests Act, 1927 (Cap 157), grants the President powers to degazette, but newer legislation like the Land Use and Spatial Planning Act, 2016 (Act 925), and national policies, present potential contradictions and call for greater parliamentary oversight and adherence to environmental protection principles. The recent repeal of L.I. 2462, which permitted mining in forest reserves, underscores the dynamic nature of this legal landscape and the growing influence of environmental advocacy.

Ghana's rich forest estate, including its vital Globally Significant Biodiversity Areas (GSBAs), is once again at the forefront of a contentious legal and environmental debate. The Centre for Environmental Impact Analysis (CEIA) recently issued a strong appeal to the government, urging an immediate halt to the degazetting of portions of these ecologically sensitive areas, particularly in the Western Region, for logging and other extractive activities. This intervention by CEIA underscores a persistent challenge in Ghana: balancing the imperative for economic development with the critical need for environmental protection and the upholding of environmental justice principles.

The call from CEIA is not merely an environmental plea; it raises profound legal questions regarding the scope of executive power in land use decisions, the interpretation of existing forestry and land planning legislation, and Ghana's commitments under national and international environmental agreements. The ongoing pressure to convert forest lands for commercial purposes, despite their protected status, necessitates a thorough examination of the legal instruments designed to safeguard these natural resources. This article will delve into the statutory and policy framework governing forest reserves in Ghana, analyze the legal implications of degazetting, and consider the broader context of environmental justice and sustainable development.

The legal foundation for forest reserves in Ghana is primarily rooted in the Forests Act, 1927 (Cap 157), which empowers the President to constitute lands as forest reserves through executive instrument. This Act also outlines the conditions and procedures for establishing and, crucially, for degazetting such reserves. Over the years, this foundational legislation has been complemented and, at times, complicated by subsequent enactments and policies aimed at strengthening forest and wildlife management.

Key among these are the Forestry Commission Act, 1999 (Act 571), which established the Forestry Commission to manage and conserve forest and wildlife resources, and the Ghana Forest and Wildlife Policy 2012, which emphasizes sustainable forest management, biodiversity conservation, and community participation. Furthermore, the National Land Policy (1999) explicitly states that primary forest cover should not be cleared for establishing plantations or mining activities, highlighting a policy commitment to environmental quality. Globally Significant Biodiversity Areas (GSBAs), such as the Atewa Forest Reserve, are recognized for their exceptional ecological value and are often subject to international conservation efforts, further elevating their protected status within Ghana's environmental framework. The Environmental Protection Agency Act, 1994 (Act 490), recently repealed and replaced by the Environmental Protection Act, 2025 (Act 1124), also provides a regulatory framework for environmental protection and impact assessment, with the Environmental Protection Authority now tasked with overseeing environmental management and climate change responses.

The power to degazette a forest reserve in Ghana is explicitly vested in the President under Section 19 of the Forests Act, 1927 (Cap 157). This provision states that the President may, if satisfied that a particular land should no longer be a forest reserve, direct its cessation by executive instrument published in the Gazette. However, the exercise of this executive power has become a point of contention, particularly with the enactment of the Land Use and Spatial Planning Act, 2016 (Act 925).

Legal scholars and environmental advocates argue that the Land Use and Spatial Planning Act, 2016, particularly Section 93, introduces a requirement for parliamentary approval for any rezoning or change of use of a public space, which would include the degazetting of a forest reserve. This interpretation suggests that the President's sole power to declassify forest reserves under the 1927 Act may no longer be absolute, thereby necessitating greater legislative oversight and public accountability in such decisions. The CEIA's current call aligns with this perspective, advocating for a more robust and transparent process that considers the long-term environmental and social impacts.

Moreover, the practice of degazetting forest reserves for logging or mining directly contradicts the spirit and explicit provisions of other national policies. For instance, the National Land Policy (1999) unequivocally states that primary forest cover should not be cleared for the purpose of establishing plantations or mining activities. This highlights a significant policy inconsistency within the government's approach to land and resource management. The CEIA further emphasizes that lands designated as forest reserves, strict nature reserves, national parks, and wildlife sanctuaries constitute Ghana's permanent forest estate and are intended for ecosystem maintenance, biodiversity conservation, and sustainable timber production.

A notable development in this area was the repeal of Legislative Instrument (L.I.) 2462 in December 2025. This instrument had previously allowed mining activities in forest reserves, including GSBAs, and its revocation was hailed as a significant victory for environmental protection and civil society advocacy. This repeal demonstrates a responsiveness to public pressure and a recognition of the critical importance of protecting these areas. However, the CEIA's current statement indicates that the threat of degazetting persists, suggesting that the underlying legal and policy ambiguities, or perhaps conflicting governmental priorities, remain unresolved. The concept of environmental justice, as stressed by CEIA, is central here, advocating for fair treatment and meaningful involvement of all people, regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies. Ghana's international commitments under the Convention on Biological Diversity (CBD) and the Aichi Biodiversity Targets also obligate the nation to reduce the rate of natural habitat loss, further reinforcing the legal and moral imperative to protect its forest reserves.

The ongoing debate surrounding the degazetting of Ghana's forest reserves, particularly Globally Significant Biodiversity Areas, underscores a critical juncture in the nation's development trajectory. The call by the Centre for Environmental Impact Analysis highlights the persistent tension between short-term economic gains from logging and mining, and the long-term ecological and societal benefits of preserving vital natural capital. The existing legal framework, while providing for the protection of forests, also contains provisions that allow for their conversion, creating a complex and sometimes contradictory landscape.

For legal practitioners, this situation necessitates a keen understanding of the interplay between the Forests Act, 1927, the Land Use and Spatial Planning Act, 2016, and various national policies and international commitments. The repeal of L.I. 2462 signals a potential shift towards stronger environmental protection, yet the continued pressure to degazette reserves suggests that vigilance and robust legal challenges remain essential. Attorneys advising clients on land use, environmental impact assessments, or resource extraction projects must be acutely aware of these evolving legal dynamics and the increasing emphasis on environmental justice and sustainable development. Moving forward, a consolidated and harmonized legal framework for forest management, coupled with transparent decision-making processes and enhanced parliamentary oversight, will be crucial to safeguarding Ghana's irreplaceable forest heritage for present and future generations. Practitioners should anticipate increased scrutiny of any proposed degazetting actions and be prepared for potential litigation challenging such decisions on environmental and procedural grounds.