COMMUNITY RIGHTS IN

GHANA FOREST LAW

PRODUCED BY

SCRIPT

BERNARD GURI, ELVIS KUUDAAR AND WILBERFORCE LAATE

VIDEO AND BOOKLET DESIGNS : MOSES NII NOYE ( 0242025962 )

COMPILED BY :

Empowered Iives,Resillient nations.

CONTEXT & PURPOSE

The Environmental Sustainability and Policy for Cocoa Production in Ghana Project, of

Ghana Cocoa Board (COCOBOD) and UNDP Ghana, are committed to the creation of

institutional systems, tools and policies to rehabilitate cocoa landscapes, conserve and

expand forests, forest buffer zones and corridors and incentivize cocoa farmers to adopt

environmentally friendly best practices. The project is working to address key policy issues

that pose major environmental threats to sustainable cocoa landscapes and to strengthen the

institutions that work in the sector to formulate policies that promote environmental

sustainability in the cocoa sector. This brochure provides information to enable communities

and individuals understand their rights and responsibilities in the forestry sector of Ghana. It

hopes to achieve the following:

? Communities and individuals to become aware of their rights and responsibilities in

the Ghana forest and wildlife sector

? Communities and individuals to become empowered with knowledge and information

on the process and procedures of asserting their rights and fulfilling their

responsibilities within the Ghana forest and wildlife sector;

? Communities to develop the needed capacity to engage and negotiate on community

benefits such as SRA, compensation, royalties, right to planted trees, right to

participate in the process of granting timber rights in off reserve areas, etc;

? Communities to be able to access information to help them in their monitoring

activities and seek redress on issues/irregularities/illegalities discovered during

monitoring activities.

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Who owns Ghana's Natural Resources?

? Public (government) lands are lands acquired by government and

government manages and controls these lands on behalf of and for the

benefit of the people of Ghana.

? Minerals (gold, bauxite, diamond, etc) in their natural state are

controlled and managed (vested) by the president on behalf and for

the benefit of the people of Ghana.

The people (citizens) own the minerals and public land and government

manages and controls them. Government does not own the minerals or public

land.

? Stool lands are managed and controlled (vested) by the respective

stools on behalf of and for the benefit of the stool communities. The

stool communities own the land and the chiefs manage and control on

behalf of the communities.

? Family lands are managed and controlled (vested) by the family heads

on behalf of and for the benefit of the family members. The family

members own the family land and the family head manages and

control on behalf of the family members.

? Land privately acquired are owned and managed the owner

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Who Owns Ghana's Forest Resources?

Forest Reserves

? The management of forest reserves and its resources is vested in the President on

behalf of the people of Ghana

? The management of naturally regenerated trees anywhere (on or off-reserve) in

Ghana is vested in the President on behalf of the people of Ghana.

Government does not own the trees but the citizens rather own the trees.

? This applies for both on and off forest reserve. The Forestry Commission (FC) of

Ghana, manages forest resources including trees on behalf of Government and

people of Ghana.

Planted Trees in forest Reserves

? Ownership of planted trees in forest reserves depends on the terms of agreement

reached between the FC and individuals, communities or privates companies that

carried out the planting.

? Model plantations which are done by the FC for research are owned by the state.

? Trees under the government plantation development project are owned by the state.

? Trees in plantations developed on degraded portions of forest reserves allocated to

private companies by the FC are owned by the private companies.

? Under the modified taungya system, the trees are jointly owned by government and

the people who planted in line with terms agreed on with the FC.

Planted Trees in off reserves

? Trees planted in off-reserve areas are wholly owned by the one who planted them.

The planter manages such trees and all economic benefits from the trees belong to

the planter.

The Planter could be an individual, community, organization, private companies, landowner,

etc. When you plant your own trees, the FC requires that you register with the respective

District Office of the Forest Services Division (FSD) of the Forestry Commission. Registration of

planted trees at the FSD is by completing a registration form including your passport

photograph. The FSD will undertake an inspection of the area and keep details of your

information on their files.

Fourth Schedule

Fifth Schedule

GENERA OF WHICH ONLY A LIMITED NUMBER MAY BE KILLED [Section 11 (h) of the Wildlife Preservation Act] Ratel or Honey Badger – MELLIVORA; Clawless Otter – AONYX; Lynx – CARACAL; Several Cat – LEPTAILRUSU; Golden Cat – PROFELIS; Jackal – THOS; Cheetah – ACINONYX (=CYNAELURUS). Lorisiformes of the genera; DALAGOIDES GALAGO – Bush Babies; Monkeys of the genera; Diana, Spot-nosed, Mona, Green, etc; Patas; Mangabey. Pangolins of the genus Manis (UROMANIS PHANTAGINUS). Lagomorpha of the genus LEPUS – Togo Hare; Rodents of the genera; Flying Squirrel; Crested Porcupine; Brush Tailed Porcupine. Paeungulata; Tree Bear, Hyrax; Elephant in which the tusks exceed 5 kilogrammes in weight. Wart Hog; Bush Pig; Forest Hog. Bovoidea; Bush buck; Bongo; Bush Cow or Buffalo; Black, Bay, Red Flank Duikers, etc; Crowned Duiker; Maxwell Duiker; Reedbuck; Roan Antelope; Hartebeeste; Waterbuck; Kob; Oribi; Royal Antelope; Gazelle.

GENERA TO WHICH MEASURES MAY BE TAKEN TO REDUCE THE NUMBERS [Section 11 (g) and (k) of the Wildlife Conservation Act] Rodents and poisonous snakes not specified in the First to Fourth Schedules to this Act; Any other animal whose numbers rise to a level sufficient to threaten agriculture or to constitute a danger to the human population, may be reduced in numbers at the discretion of the Game Warden.

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Second Schedule

Third Schedule

GENERA OF WHICH THE YOUNG ARE SPECIFICALLY PROTECTED [Section 11 (e) of Wildlfie Preservation Act]

All Bovoid Ungulates specifically mentioned in Schedule 1, and in addition Antelopes, Gazelles, Duikers, Buck and Buffalo; All Pholidont Pangolins of the genus MANIS (UROMANIS PHATANGINUS); and All Cercopithecoid Monkeys with the exception of the Baboon – PAPIO.

GENERA OF WHICH FEMALES ACCOMPANIED BY YOUNG ARE PROTECTED

[Section 11 (f) of the Wildlife Preservation Act] Elephant – LOXODONTA; All Bovoid Ungulates as in Schedule 2, subsection 1; All Pangolins as in Schedule 2, subsection; All Cercopithecoid Monkeys with the exception of the Baboon – PAPIO as in Second Schedule, subsection 3.

Who Can Use Ghana's Forest

What Benefits are Communities Entitled to?

? The right for commercial exploitation of forest resources and products is acquired

through the granting of a Timber Utilization Contract (TUC) by the FC.

? Communities and landowners have communal right to access NTFPs and socio-

cultural benefits (eg shrine) from forest reserves on subsistence basis.

? Communities & landowners have communal right to access NTFPs and off-cuts in off

reserve TUC areas.

? Planters of timber remain the owners and control the use of NTFPs and off-cuts on

their planted area

? Landowners from TUC areas benefit from the payment of royalties.

? Social Responsibility Agreement (SRA) benefit is not part of the royalties paid through

the Office of the Administrator of Stool Lands (OASL) to landowners. It is funded

directly by the TUC holder to the beneficiary communities' for social development

purposes and must be equivalent to 5% of stumpage fees. The SRA also ensure the

logging operations do not interfere in the normal life of communities.

? Farmers whose farms will be affected by logging operations must be compensated.

The compensation must be negotiated between the logging company and the farmer

under the auspices of the Forest Services Division (FSD). Compensation should be

commensurate with the actual economic losses to be suffered by the farmer.

Example of Compensation Calculation for Cocoa: The farmer will need to know the current

price of cocoa per bag. S/he will also need to determine the quantity of cocoa he gets per cocoa

tree per season. S/he will also need to know how long it will take for him/her to get same

quantity of cocoa after planting a fresh cocoa seedling.

Then the farmer can determine his economic losses for the cocoa as follows: (Quantity of cocoa

per cocoa tree X number of cocoa trees to be affected by the logging X the number of seasons it

will take for replanted cocoa seedling to produce that quantity per season) X the current

economic price of cocoa.

s.

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Community Rights in the Grant of Timber Rights? Communities and farmers have the right to participate in the field inspection

of their land area selected for the granting of timber rights and to be part of the field inspection team. Communities can give reasons why some areas should not be included in the granting of timber rights eg if the area is a water source for community/farmer, species of special medicinal importance to the farmer, a shrine, etc.

? Communities have the right to be notified when a decision is made to grant timber rights to the area. If the community objects to the area been granted for a TUC, they must protest in writing within 21 days after the notice has been issued. The Community may refuse to grant the written consent if their issues are not addressed.

? Communities and farmers have the right to consent in writing to the grant of timber rights in the area. If for any justifiable reason the community thinks the grant of timber rights will have very serious adverse effects on them, they have the right to refuse to grant consent. If any other person decides to grant consent on behalf of the community without authorization, such consent will be deemed invalid. The area cannot be granted for timber rights without the written consent of community and farmers as that will be an infraction of the law.

? The logging company chosen for the grant of timber rights in the area has to negotiate and sign an SRA with the community. The SRA is meant purely for community development and not for any individual's benefit. A TUC cannot be issued to the logging company if it fails to sign an SRA which must be 5% of stumpage fee. The community has the right to demand the total stumpage fee value of the area, calculate the 5% and demand for an SRA equal to the value of the 5%. The community can also demand the logging operations not to disturb the normal life in the community.

? The logging company after been issued with the TUC must fulfill the SRA signed. Failure by the logging company to fulfill the SRA should result in the cancelation of the TUC when the community report to the authorities. The community also can call for a renegotiation of the SRA in the event where it has come to their notice that the 5% of stumpage fee is more than the SRA they signed with the logging company or where the logging operation is affecting the normal life of the community.

Entering a wildlife reserve without the written consent of the Chief Game and Wildlife Officer or failing to respect the conditions subject to which the permission was granted is an offence.

It is illegal to:(a) hunt, capture or destroy any animal or collect or destroy any plant

within a reserve, except with the written consent from the Chief Game and Wildlife Officer.

(b) bring into a reserve any equipment or any apparent which may be used to hunt, capture or destroy any animal

(c) take any animal or plant out of a reserve without the written consent

No person can light any fire within a Reserve; pollute any water within a Reserve; abandon any litter or unwanted articles within a reserve; or clear or cultivate any area within a reserve without the written consent of the Chief Game and Wildlife Officer

COMPLETELY PROTECTED [Section 3 and 11 of the Wildlife Preservation Act] The hunting, capturing or destroying of any species listed in this Schedule is absolutely prohibited at all times.

Series A—Mammals Chimpanzee; Black and white colobus; Olive colobus; Red colobus; Diana monkey; Bosman's potto; Bush baby; Giant pangolin; Long tailed pangolin; Tree pangolin; Aardvark; Manatee; Lion; Leopard; Cheetah; Ratel or Honey Badger; Clawless otter; Golden cat; Elephant; Palm squirrel; Hippopotamus; Pygmy hippopotamus; Senegal hartebeest; Sitatunga; Eland; Water chevrotain; Bongo; Roan antelope;.

Series B—Reptiles Nile crocodile; Long-snouted crocodile; Broad-fronted crocodile; Nile monitor; Bosc's monitor; all marine turtles (Hawksbill turtle; Green or Edible turtle; Leathery turtle).

Series C – Birds

All Birds of Prey (including Falcons, kites, hawks, eagles, buzzards, kestrels, Owls)

SCHEDULES under the Wildlife Preservation Act (Pictures of the Wildlife will be inserted)

First Schedule

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Wildlife Preservation

The community can continue to benefit from NTFPs at the TUC sight without hindrance from the logging

company. Also all off-cuts in the TUC area can be used by the community.

The community has the responsibility to continue to monitor the operations of the logging company and

report any irregularities and illegalities that may come to their notice.Mr. Okoe and his community have no right whatsoever to sell or allocate timber trees for logging or engage chainsaw operators to cut timber for commercial purposes.

It is illegal to exporting or attempting to export of a trophy without a certificate by a superior police officer or importing from a country without a certificate of lawful exportPeople are not permitted to hunting or disturbing animals by motor vehicle or aircraft to hunt, kill or capture animals in a way that would drive, stampede or disturbs animals: except if you are the occupier of the land and it is not forbidden to hunt on that land. Do not Surrounding animals by fire: Surrounding animals by fire for hunting purposes is an offence. It is unlawful to hunting or posses fully protected animals and possession of ivory

Hunting animals that are enumerated in the second schedule to the regulations during the close season or any time else when they are accompanied by their young or are young themselves (Regulation 2) as well as hunting any animal included in the third schedule during close season (regulation 3) is an offence.

Hunting any wild animal by means of the following methods is prohibited (regulation 4):

(a) Use, possession or manufacturing of gin traps(b) hunting by using artificial light of flares(c) hunting with nets (except for fish and poisonous snakes)

without written authorization(d) hunting by pitfalls and snares in combination with pitfalls or

poison(e) hunting in group (except if for cultural festivals for which a

license has been granted)Anyone who trades in bush meat (meat from any wild undomesticated animal) without the required license or who keeps a wild animal as a pet without a valid license commits an offence.

Exceptions: The regulations mention two exceptions to the prohibitions included

above:

(a) Killing of animals as an act of self defense or defense of another person is not an offence (regulation 17)

(b) A Game Officer, acting in accordance with his official duties, kills an animal included in schedule 1, possess ivory or shoots an animal without a hunting license does not commit an offence either (regulation 16)

It is an infringe of the law to export or attempting to export any animal included in the first three schedules (dead or alive) eg elephants' tusks; hides or skins (in commercial quantities) of any animal included in the first three schedules

Exceptions: The regulations mention two exceptions to the prohibitions included above:

(a) Killing of animals as an act of self defense or defense of another person is not an offence (regulation 17)

(b) A Game Officer, acting in accordance with his official duties, kills an animal included in schedule 1, possess ivory or shoots an animal without a hunting license does not commit an offence either (regulation 16)

Entering a wildlife reserve without the written consent of the Chief Game and Wildlife Officer or failing to respect the conditions subject to which the permission was granted is an offence. It is illegal to:

(a) hunt, capture or destroy any animal or collect or destroy any plant within a reserve, except with the written consent from the Chief Game and Wildlife Officer.

(b) bring into a reserve any equipment or any apparent which may be used to hunt, capture or destroy any animal

(c) take any animal or plant out of a reserve without the written consent

No person can light any fire within a Reserve; pollute any water within a Reserve; abandon any litter or unwanted articles within a reserve; or clear or cultivate any area within a reserve without the written consent of the Chief Game and Wildlife Officer