Story by: Fred Yaw Sarpong
The Forestry Commission (FC) of
Ghana has condemned report from Global Witness, an international NGO allegedly that
majority of Ghana’s timber being cut and exported carries a high risk of being
illegal, not meeting the legal regimes in Ghana as well as the legal definition
which Ghana has agreed with the European Union (EU).
In a statement signed by the Chief
Executive Officer (CEO) of FC Ghana, Mr. Samuel Afari Dartey and copied Daily
Express stated that this allegation is fundamentally flawed, both in
substance and accuracy and shows a lack of understanding of Ghana’s timber
resource allocation system and the law governing it.
The commission described the
publication as very disturbing and it was designed to impugn the integrity and
credibility of Ghana’s logging system.
According to the statement Ghana has a
verifiable system of granting timber rights that is designed to foster
sustainable management of Ghana’s forests. ‘The grant of the timber right is
indeed in consonance with the legal framework of the country. The EU market is
the biggest consumer of our wood exports, both in volume and value. Ghana
shall, therefore, not risk playing itself out of such a lucrative market by
flouting the very agreement, which is crafted to ensure our foothold on the EU
market, and by extension, the global timber market,’ said the statement.
In order to erase the wrong
impression, which the purported publication from the Global Witness seeks to
create, the commission outlines the various timber rights and the laws under
which they are granted.
It
noted that, in pursuance of the legal provisions governing the grant of Timber
Rights, the Forestry Commission grants various timber rights in the form
of Salvage Permits, Timber
Utilization Contracts (TUCs) and Permits (Special Permits).
Daily
Express
learnt that in accordance with Regulation 38 of the Timber
Resources Management Regulations, 1998 (LI 1649) Salvage
Permits are approved by the Chief Executive of the Forestry Commission (FC) for
the salvage of trees from areas of land undergoing development such as
road construction, expansion of human settlement or cultivation of farms.
It
added that the purpose of this law is to derive some revenue from the trees
which otherwise, would have been destroyed through any form of development. And
this include farming, mining, electricity pylons erection, dam construction and
among others.
‘The
Commission, therefore, wishes to state that all salvage permits issued are
development related and that anybody who has any information to the contrary
should provide evidence for further interrogation,’ said Mr. Dartey.
Also,
the commission CEO’s statement said in accordance with the provisions of
the Timber
Resources Management Act, 1997 (Act 547) and its amendment,
the Timber Resources
Management (Amendment) Act, 2002 (Act 617), as well as the Timber
Resources Management Regulations, 1998 (L.I 1649) and its
amendment, Timber
Resources Management (Amendment) Regulations, 2002 (L.I 1721), Timber
Utilization Contracts are granted.
‘In
accordance with Section 19 of
Act 547, any timber right, concession or lease granted under any
enactment and valid immediately before the commencement of this, Act shall
continue in force for a period not exceeding 6 months from the date of the
coming into force of this Act. Within 6 months from the coming into force of
this Act, the holder of any such timber right, concession or lease, may apply
for a Timber Utilization Contract,’ the statement quoted.
Meanwhile,
the Commission has said that it has completed the compilation of a database
covering all the concessions and leases but the conversion process is stalled
because of whether or not the payment of Timber Rights Fees (TRF) as prescribed
by a later law LI 1721 is
applicable to such converted areas.
‘This
has become a bone of contention between FC and the Timber Industry. The matter
has been referred to the Minister of Lands and Natural Resources for resolution.
The Commission would want to reiterate that no lease has been issued since the
coming into force of Act 547 in
1997, as well as the signing of the Voluntary Partnership Agreement.
Once again the Commission would be
grateful for any contrary evidence,’ said the FC.
Forestry
Commission of Ghana pointed out that, in pursuance of Section 6 of
Act 617 which amended section 20 of Act 547, areas that do not
qualify as TUCs and no development is anticipated and thus salvage permits
cannot be granted such areas are given out as Permits (Special Permits).
‘These
permits are approved by the Minister on the recommendation of the Forestry
Commission. These permits although legal were omitted in the Voluntary Partnership
Agreement (VPA) process. Consequently, efforts are being made to include
Permits or otherwise in the VPA,’ the statement said.
The
Commission assured all Ghanaians, the EU and the General Public that the
mandate given to the Forestry Commission to sustainably manage Ghana’s forest
resources in accordance with the provisions of the country’s laws has not been
compromised.
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