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Forest Protection and the Rights of Cocoa Farmers in Western Ghana

Published online by Cambridge University Press:  28 July 2009

Philippa England
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Extract

The history of illegal farming activities in certain forest reserves in the Western Region of Ghana demonstrates the magnitude of the problems facing conservationists, administrators and forestry personnel i n developing countries. The objective of this article is to explore briefly some of those problems and to reflect on the value of a human rights approach to environmental protection in the light of events in Western Ghana. First, the article presents evidence of the scale of illegal farming i n some forest reserves in the Western Region, before discussing the various initiatives taken since the 1960s to reserve and protect forest land in this Region. The administrative, legal and political obstacles to their success are highlighted as is the role played by competing interest groups. The implications of this analysis for the concept of environmental rights is then briefly discussed and alternative proposals for tackling this problem suggested.

Type
Articles
Information
Journal of African Law , Volume 37 , Issue 2: LAW AND THE ENVIRONMENT IN AFRICA , Autumn 1993 , pp. 164 - 176
Copyright
Copyright © School of Oriental and African Studies 1993

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References

1 The evidence presented in this article is based on doctoral research conducted in the Sefwi Wiawso Juabeso-Bia forestry districts of the Western Region of Ghana in 1991. The author would like to thank all forestry personnel in these districts and the Chief Conservator of Forests for their assistance in the gathering of this information.

2 Ahn, P. M., The Principal Areas of Remaining Original Forest in Western Ghana and Their Agricultural Potential, 1959, Department of Agriculture, ADM 5/4/164, at 1.Google Scholar

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4 ibid, at 10.

5 Letter from the RAO, Western Region, to the MLNR, 12 January, 1990, Departmental Records, Juabeso-Bia.

6 Cap. 157.

7 NRCD 243/1974.

8 Cap. 157, s. 6, NRCD 243/1974, s. 1.

9 Letter from the ACF, Sefwi Wiawso, to the Deputy CCF, Western Region, 7 May, 1973, Departmental Records, Juabeso-Bia.

10 Letter from the DC F to CCF, 31 May, 1973, Departmental Records, Juabeso-Bia.

11 NRCD 243/1974.

12 NRCD 240/1974.

13 NRCD 243/1974, s. 1.

14 NRCD 240/1974, s. 3. The 1969 Constitution defined “public lands” as including land vested in the government in trust. Constitution of the Republic of Ghana, 1969, Art. 162.

15 In the 1960s the government decided to constitute a number of protected areas into forest reserves. The final constitution of all these proposed reserves is not yet complete.

16 Report of the Committee Appointed Under El 70, 24 June, 1974, as amended by El 22, 5 November, 1974, 1975, Government Printer, Accra, at 30–32.Google Scholar

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21 “Operation Halt launched at.Bibiani to reclaim forest reserve”, People's Daily Graphic, 20 August, 1990, at 16.

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25 Draft letter from the RAO to the District Chief Executive, April 1980, Departmental Records, Juabeso-Bia.

26 Particulars of 12 persons to be prosecuted at the Sefwi Wiawso Grade One District Court, 8 January, 1985, Departmental Records, Juabeso-Bia

27 Letter from the Principal to the Assistant Superintendent of Police, Asawinso, 18 July, 1985, Departmental Records, Juabeso-Bia.

28 Letter from the TO, Bia-Tawya, to the ACF, Sefwi Wiawso, 28 May, 1989, Departmental Records, Juabeso-Bia.

29 Letter from the Omanhene to the CF, Sefwi Wiawso, 25 Mary, 1979, Departmental Records, Sefwi Wiawso.

30 Letter from the Omanhene of Aowin Traditional Area to the CCF, 30 January, 1986, Departmental Records, Sefwi Wiawso.

31 Letter from the DFO to the CCF, 8 April, 1986, Departmental Records, Sefwi Wiawso.

32 PNDCL 42/1982, s. 48(1).

33 Public Tribunals Law PNDCL 78/1984, s. 9(f).

34 Diary of Illegal Farming in Tano-Ehuro Forest Reserve, Departmental Records, Sefwi Wiawso.

35 Field Inspection Report, Tano-Ehuro Forest Reserve, 16 November, 1987, Departmental Records, Sefwi Wiawso.

36 Letter for circulation from the DFO, Sefwi Wiawso, 10 February, 1989, Departmental Records, Sefwi Wiawso.

37 Petition to the MLNR re Cocoa Farms in Tano-Ehuro Forest Reserve near Asantekrom, 19 May, 1989, Departmental Records, Sefwi Wiawso.

38 Letter from the MLNR to the CCRF, 6 October, 1989, Departmental Records, Juabeso-Bia.

39 Policy Guidelines of the PNDC, 1982, Ghana Information Services Department, Accra.Google Scholar

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42 Rado identifies the principle elements on which the PNDC relies for its support as consisting of the military, a proportion of the professional and managerial class and the Western donor community. Rado, loc. cit.

43 Letter from the RAO, Western Region, to the MLNR, 12 January, 1990, Departmental Records, Juabeso-Bia.

44 ibid.

45 People's Daily Graphic, 20 August, 1990, 16.

46 People's Daily Graphic, 11 October, 1990, 1.

47 Nyinaku Report, op. cit., 31.

48 PNDCL 152/1986.

49 Seidman, R., The State, Law and Development, London 1978, at 102.Google Scholar