Strong Majority Backs Giving Nature Legal Rights in Ghana

 

The Rights of Nature Ghana Movement (RoNAG) has concluded its 2-year socio-legal study that explored how Ghana can recognize and protect the Rights of Nature (RoN) within its legal and governance systems. The study was titled ‘Assessing Legal Frameworks and Stakeholder Perspectives on Integrating the Rights of Nature into Ghana’s Environmental Governance’ funded by the Gower Street Trust, U.K. The concept of the Rights of Nature acknowledges that ecosystems, such as rivers, forests, and wildlife, are not mere resources or objects to be exploited, but living entities with inherent rights to exist, thrive, and regenerate. The study was conducted to support the Rights of Nature Ghana Movement’s (RoNAG) reform campaign. The research evaluates Ghana's environmental laws, examines international best practices, and gathers perspectives from key stakeholders across five regions. The findings indicate overwhelming public support, approximately 90.5% for granting legal recognition to nature. The study concludes that adopting a Rights of Nature framework could strengthen environmental protection, promote sustainable development, and help Ghana meet its national and international climate and biodiversity commitments.

The study in Brief

Ghana's existing environmental laws are analysed. The study also surveyed the acceptance rate of the international Rights of Nature (RoN) initiatives by gathering views from many stakeholders. It found overwhelming support of about 90.5% in favour of giving nature legal recognition. It revealed that RoN principles, such as fishing taboos and prohibitions on cutting in sacred groves, are already embedded in customary laws and practices. Illegal small-scale gold mining ("galamsey") is among the greatest environmental threats, and the problem persists due to weak enforcement of domestic environmental laws. To eliminate environmental degradation, current environmental laws should be updated to recognize nature's rights, and enforcement strengthened. The study recommends enshrining nature's rights in the laws of Ghana, reversing forest-mining permissions (e.g., canceling L.I. 246), and working with government agencies (MESTI, EPA, Forestry Commission, Parliament, District Assemblies), NGOs (RoNAG, A Rocha Ghana), the education system (Ministry of Education, GES, universities), and traditional/local leaders to protect rivers and forests.

Purpose and Significance

The Earth and its ecosystems have fundamental rights to exist, live, and thrive, and this study was conducted to promote their legal recognition. In practice, this means helping Ghana's government consider passing a RoN Act and amending some of its existing environmental laws so that rivers, forests, and other ecosystems can have legal standing. This change is needed urgently because Ghana is facing serious environmental decline, and its environmental laws today treat nature mainly as a resource for people rather than as a rights-bearing entity. The study highlights the adoption of new legal approaches (often called ecocentric or Earth-centered) worldwide. Ghana needs to catch up if it is to meet biodiversity and climate targets. The study specifically supports the Goals of the RoNAG campaign, which seeks to integrate nature's rights into Ghana's law.

Study’s Objectives

1.       To analyse Ghana’s existing environmental laws and regulations in the context of RoN.

2.       To review global RoN initiatives and draw lessons for Ghana.

3.       To assess stakeholder awareness and understanding of the RoN.

4.       To identify opportunities and challenges for integrating RoN into Ghana’s governance.

5.       To propose legal and policy measures for effectively including RoN in Ghana's environmental laws.

Key Findings

 

Finding for Objective 1

Ghana's current laws are largely "anthropocentric," in that they focus on how people use resources rather than granting rights to nature itself. For instance, government officials understand and explain that the Constitution and other environmental laws primarily aim to regulate resources for sustainability. They do not recognize nature as an entity with inherent rights. Further, no existing law explicitly grants rivers, forests, or other natural entities legal standing. The study shows that Ghana's main environmental laws (like the EPA Act) treat nature as a resource to be managed for human benefit.

This shows that Ghana's legal system currently does not recognize nature's inherent rights and will require new or amended laws to grant nature legal standing. The study concludes that to integrate a RoN concept into Ghana's laws, its Constitution, the Environmental Protection Act, and mining laws must factor in the protection of ecosystems, not just human land use.

Finding for Objective 2

International examples show that declaring nature’s rights can strengthen conservation. A critical milestone was Ecuador’s 2008 Constitution, the first national constitution that identifies nature as a rights holder. Court rulings on rivers in India and New Zealand, and other legal advances elsewhere, set the precedent for Ghana. Emphasis is placed on learning from these experiences. However, to make these reforms possible, political backing and funding are strongly needed.

The study concludes that Ghana can learn from global experiences. The RoN reforms often work when the public and courts understand them. In addition, they should incorporate the RoN principles into the constitution and other environmental laws, using unambiguous language that clearly recognizes nature's rights.

Finding for Objective 3

Although many are not familiar with the global RoN concept, support for instituting RoN among Ghanaian stakeholders is broad. The survey results showed 90.5% endorsement of the idea of nature having rights. In interviews, people from different backgrounds (EPA officers, farmers, students, and traditional leaders) across all five regions reacted positively. They often echoed viewing nature's rights in terms of "intergenerational justice" (fairness to future generations). No group opposed it; concerns focused mainly on how to enforce the new rights.

With nearly universal stakeholder support, Ghana already has a constituency for RoN reforms. This broad acceptance is encouraging. However, that enthusiasm must be matched by public education and involvement so that they can concurrently support and enforce nature's rights anywhere.

Finding for Objective 4

Many traditional beliefs already respect nature and make sure it's properly protected. The study noted customary rules, such as fishing taboos on certain days and the designation of "sacred groves" as areas where cutting is forbidden, as being in alignment with the RoN principles. These cultural practices treat water bodies or forests as worthy of special protection. This already existing local alignment with RoN ideas signifies a strong opportunity for reform.

Customary practices show that protecting nature for its own sake is not new to Ghanaian society. Since traditional values already align with RoN ideals, reforms to domestic environmental laws can build on what communities already practice. The study suggests the need to formally recognise and work with traditional authorities, because they already enforce sacred sites and taboos.

Finding for Objective 5

Illegal small-scale mining (galamsey) emerged as the biggest environmental threat, recurring across all regions visited. Small-scale illegal mining has moved from a traditional, low-impact activity into a mechanised industry where bulldozers, excavators, and toxic chemicals are used. This has necessitated the adoption of the Rights of Nature framework in Ghana to curb the catastrophic, illegal activity. Statistically, the exceedingly high turbidity in many major rivers makes water treatment by the Ghana Water Company Limited difficult. For instance, turbidity levels as high as 11,000 NTU (Nephelometric Turbidity Units) lead to pump failures and exorbitant water treatment costs (Adom, 2025). Apart from contaminating water bodies, artisanal and industrial mining waste causes respiratory diseases such as pneumonia and silicosis, with a direct impact on human health (Ofori, 2022). In addition, the findings revealed that enforcement failure is the dominant reason environmental degradation is advancing with impunity. The study found that enforcement failures result from a lack of resources and political will.

It was proposed that quantifying ecosystem services and linking them to international finance mechanisms such as REDD+ will provide the necessary financial resources and make RoN policy implementation more attractive to politicians. This will implement the proposed three-tier reform framework plausibly:

 Tier 1: Immediate Statutory Targets (0–2 years)

                  Initiate legislative review and repeal of LI 246 (permits mining in forest reserves).

                  Repeal Section 18 of the Minerals and Mining Act (allows mining entry into forest reserves).

                  Expand Act 29, Section 303 to cover fish, aquatic life, and plants — the most tractable immediate rights of nature reform with minimal political resistance.

                  Operationalise the Environmental Protection Act 2025 (Act 1124) and its implementing regulations with full enforcement capacity.

                  Commission alternative livelihood programs in galamsey-affected communities as a prerequisite for escalating enforcement.

Tier 2: Institutional and Structural Reform (1–3 years)

                  Separate conservation and extraction mandates at the ministerial level (addressing the conflict of interest architecture identified by the Ashanti Region Wildlife Division officer).

                  Establish hybrid guardian institutions that formally integrate traditional authority, EPA, and civil society organisations into an ecosystem governance framework.

                  Create specialised environmental courts or chambers with trained judges and expedited procedures.

                  Establish inter-agency coordination mechanisms (EPA, Minerals Commission, Water Resources Commission, Fisheries Commission, Forestry Commission) with a unified ecosystem protection mandate.

                  Launch a Payment for Ecosystem Services framework linking carbon credit revenues to community conservation incentives.

Tier 3: Constitutional and Long-term Systemic Reform (3+ years)

                  Pursue a constitutional amendment recognizing natural entities as rights-bearing.

                  Enact a standalone Rights of Nature Act incorporating legal personhood, guardian institutions, and accountable traditional authority provisions.

                  Integrate rights of nature principles into national school curricula.

                  Establish a National Environmental Ombudsman with standing to initiate environmental litigation on behalf of natural entities.

                  Develop a community benefit-sharing framework that distributes carbon credit and conservation revenues to communities adjacent to protected areas.

Recommendations

Government and Regulatory Agencies.

We recommend that the Ministry of Environment, Science, Technology, and Innovation, in consultation with Parliament, draft a RoN Act or undertake steps to amend the Constitution to give legal personhood to natural entities. This will build on Act 1124, which underscores the Precautionary Principle in environmental undertakings. In addition, such Acts as the Environmental Protection Act (EPA Act), Forestry Commission Act, and others should be amended to uphold nature's right to exist, live, and thrive. For instance, Act 2022 L.I. 2462, which allows mining in forest reserves, should be amended to recognise nature's existential rights. Furthermore, enforcement institutions should be elevated in status to enable them to handle flagrant violators with the most severe punishment. Some study participants suggested that EPA should be given greater authority. We also recommend granting it greater autonomy and resources to ensure that environmental laws are properly adhered to. In the same vein, the Forestry Commission and Water Resources Commission should be given the same mandate. Moreover, the Municipal and District Assemblies (MMDAs) and District Chief Executives (DCEs) should be drawn into the implementation processes. For instance, the District Environmental Committees should be made to consider ecosystem rights when doing land-use planning.

Education and Academia

The Ministry of Education and the Ghana Education Service should add RoN and environmental ethics curricula into Ghanaian schools at all levels. The curricula should emphasise traditional environmental laws, climate change, and local conservation practices at an early age. Universities and research institutes should develop courses and degree programs in environmental law that include the Rights of Nature. Additionally, research institutes and funding agencies should fund graduate studies and research projects that assess RoN implementation.

 

Civil Society Organisations

CSOs should create public awareness through community training and public education on nature's rights. They should run many sensitization campaigns that highlight protecting nature as an act of intergenerational justice. Further, they should use the law courts to promote the RoN principle in Ghana’s environmental legal frameworks. Moreover, CSOs should train EPA staff, judges, and local officials on Rights-of-Nature concepts in partnership with the government and international donors.

 

Traditional Authorities and Local Communities

Indigenous knowledge researchers must partner with local communities to document the traditional taboos, sacred groves, and other local practices that align with RoN. District Assemblies should draft bylaws to legally protect natural entities. Highly respected local authorities, such as chiefs, queen mothers, and assembly members, should be appointed and monitored as Guardians of Nature for specific entities, such as trees or rivers. These local guardians should work with the police to protect nature's interests.

 

Conclusion

This study demonstrates that integrating the Rights of Nature into Ghana’s environmental governance is both feasible and widely supported. By aligning legal reforms with cultural traditions, stakeholder expectations, and global best practices, Ghana can establish a transformative framework for ecological protection and sustainable development.


Dr Dickson Adom, Director and Lead Campaigner of RoNAG


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