Ghana- 1st- Environment & climate change
CHAPTER: 3 BUSINESS AND HUMAN RIGHTS SITUATIONAL ANALYSIS
3.3.8 Environmental Management
The 1992 Constitution of Ghana enjoins the State to protect and safeguard the national environment.
Pursuant to this, the Environmental Protection Agency Act, 1994 (Act 490) mandates the Environmental Protection Agency (EPA) to protect and improve the environment in Ghana. The EPA is expected to ensure compliance with environmental protection regulations through the issuance of enforcement notices and the prosecution of offenders.
Businesses whose operations impact directly on the environment are required to conduct an Environmental Impact Assessment (EIA) prior to the issuance of an environmental permit. An EIA must consider the potential adverse impacts of the undertaking on land, air and water as well as social issues including livelihoods and health.
The Minerals and Mining Act, 2006 (Act 703) requires that applications for mineral rights and licenses be made public through advertising notices in the national gazette. The notices are expected to be brought to the attention of district assemblies, landowners or lawful occupiers, local authorities, trade councils and local information centres for at least 21 days47, during which period affected persons or communities can raise objections to the applications.
Persons whose land surface rights are affected by mineral operations are entitled to be compensated adequately and promptly.48 Where mining operations lead to displacement of communities or persons, they are entitled to be appropriately resettled in accordance with the Minerals and Mining (Compensation and Resettlement) Regulations, 2012 (L.I. 2175).
Despite these provisions, mining activities pose serious threats to the environment including:
- Pollution of water bodies
- Destruction of vegetation and loss of biodiversity Physical and Economic displacement of communities
- Improper disposal of hazardous chemicals and waste through pipes into drains and water bodies
- Environmental destruction by illegal mining (“Galamsey”) operations which creates
- health challenges Excessive noise pollution
- Proliferation of illegal, unreported, and unregulated fishing
- Unsafe transportation of explosive chemicals
- Improper disposal of hazardous chemicals and waste through pipes into drains and water bodies
CHAPTER: 4 STRATEGES AND INTERVENTIONS
4.1 Strategies to achieve Key Objectives of the Three Pillars
4.1.1 Pillar 1: The State’s Duty to Protect Human Rights
Strategy 1.8 Strengthen the legal, policy, regulatory and institutional framework for the protection of environmental rights
Activities: Review laws on the promotion of environmental rights and the protection of land, water bodies, and forest
- Time frame: 2025-2029
- Implementing lead agencies: MESTI
- Implementing collaborating agencies: MDAs, MMnDAs, Parliament, EPA, CHRAJ, OAG&MOJ, MLNR, MSWR, CSOs
Activities: Organize capacity building, public education and sensitization programmes on the protection of environmental rights
- Time frame: 2025-2029
- Implementing lead agencies: MESTI
- Implementing collaborating agencies: CHRAJ, NCCE, MOI, MCRA, MoE, CSOs
Activities: Organize capacity building training workshops on climate change related planning and management
- Time frame: 2025-2029
- Implementing lead agencies: NDPC, EPA
- Implementing collaborating agencies: MDAs, MMDAs
Activities: Sensitize communities to climate resilience and build adaptive capacity against climate related hazards and natural disasters
- Time frame: 2025-2029
- Implementing lead agencies: NADMO, EPA
- Implementing collaborating agencies: MDAs, MMDAs, CSOs
Strategy 1.9 Strengthen legislation, and institutional framework for the environment and climate change
Activities: Review laws on the promotion of environmental rights and the protection of land, water bodies, and forest
- Time frame: 2025-2027
- Implementing lead agencies: MESTI, OAG&MOJ
- Implementing collaborating agencies: MLNR, EPA, Forestry Commission[EF1] [AB2]
Activities: Organize capacity building, public education and sensitization programmes on the protection of environmental rights
- Time frame: 2025-2029
- Implementing lead agencies: MESTI, CHRAJ
- Implementing collaborating agencies: NCCE, EPA, MMDAs
Activities: Build capacity of enforcement agencies on environmental rights protection
- Time frame: 2025-2029
- Implementing lead agencies: MESTI, CHRAJ
- Implementing collaborating agencies: MLNR, EPA
Strategy 1.10 Strengthen the capacity of environmental rights protection oversight institutions on BHR
Activities: Build the capacity of law enforcement agencies on environmental rights protection
- Time frame: 2025-2029
- Implementing lead agencies: MESTI, EPA, CHRAJ
- Implementing collaborating agencies: OAG&MOJ, MLNR, Forestry Commission, MMDAs MOF, Relevant Security Agencies, CSOs
Activities: Organize public education and sensitization programmes on environmental rights protection
- Time frame: 2025-2029
- Implementing lead agencies: MESTI, EPA
- Implementing collaborating agencies: CHRAJ, OAG&MOJ,MLNR, Forestry Commission, MMDAs, CSOs
