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Ghana : Indicators

2011 > 20 Key Indicators > Law Recognising Right to Free Prior Informed Consent

The Timber Resource Management Regulations indicate that written consent of the owners is required before an area is given out for timber rights. Procedures for obtaining consent and processes for resolving conflicting interests over the land are established in the regulations.

The consent of communities is generally sought in off-reserve areas, but not in on-reserves. In off-reserve areas, consultation is carried out with the communities, and their approval is required before the contractor is issued with a licence to operate. However, in on-reserve areas there is no requirement to seek consent of the communities; consultation is only carried out with them to sign a social responsibility agreement with the company, which is a pre-requisite for the issuing of timber utilization contracts.
Although specific timber regulations recognise the right to free prior informed consent, there is no law in Ghana that recognises this right. Ghana has not ratified Convention 169 or passed specific laws to implement it, but Convention 107 with its provision on the recognition of the rights of Indigenous and Tribal People is still in force. The Directive Principles of State Policy as contained in the Constitution (Chapter 6, Art 37 clause 2 (a) directs the State to enact appropriate laws to assure “the enjoyment of rights of effective participation in development processes...” On the basis of this citizens have made demands for consultation in various development activities including timber harvesting.

Title Timber Resource Management Regulations
Organisation Forestry Commission
Date 1998
Source www.fcghana.com/publications/laws/li_1649/index.html
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