Very
well. Yes, Hon Chairman?
Mr Francis Manu-Adabor
(Chairman of the Committee): Mr
Speaker, I beg to second the Motion, and
with your permission, I present your
Committee's Report. I will read only the introduction and conclusion of the
Report, and I request the Hansard
Department to capture the entire Report
as having been read.
1.0 Introduction
2.1 The Wildlife Resources
Management Bill, 2022 was laid in
Parliament by the Hon Minister for
Lands and Natural Resources, Hon
Samuel Jinapor on 14th February, 2023.
The Bill was thereafter read the First
time and referred to the Committee on
Lands and Forestry for consideration and
report in accordance with article 106(4)
and (5) of the 1992 Constitution and
Order 177 of the Standing Orders of the
House.
2.0 Deliberations
2.1 The Bill was originally laid in
Parliament on 3rd March, 2022 before it
was withdrawn and re-laid. After the
referral of the original Bill, the
Committee caused to be published in the
newspapers an invitation to the general
public to submit Memoranda. The
Wildlife Resources Management Bill, 2022 — Second Reading
Committee then held a Stakeholders' Forum to discuss the Memoranda
received from the public. The Committee
received and analysed Memoranda from
Civil Society Organisations (CSOs)
involved in environmental conservation.
2.2 In the first instance, the Committee
met with the Hon Minister for Lands and
Natural Resources, Officials of the
Ministry and the Forestry Commission to
consider the Bill. The recommendations
and the inputs made during this meeting
culminated into the redrafting of the Bill.
2.3 Upon the withdrawal and relaying
of the new Bill, the Committee
proceeded to review the Bill with the
Stakeholders.
2.4 The Committee expresses its
profound gratitude to the Hon Minister
and the Officials for assisting in the
Committee's deliberations.
3.0 Reference Documents
The Committee referred to the following
documents during the deliberations:
i. The 1992 Constitution of the Republic of Ghana;
ii. The Standing Orders of Parliament;
iii. The Forestry Commissions Act, 1999 (Act 571);
iv. The Wild Animals Preservation Act, 1961 (Act 43);
v. The Wildlife Conservation Regulations, 1971 (L.I. 685);
vi. The Wildlife Reserves Regulations,
1971 (L I 710);
vii. The Importation and Exportation of Parrots (Prohibition)
Regulations, 1980 (L I 1240);
viii. The Convention on Biological Diversity, 1992;
ix. The Revised African Convention on the Conservation of Nature
and Natural Resources, 2017;
and
x. The Convention on International Trade in Endangered Species of
Wild Fauna and Flora, 1973.
4.0 Background Information
The current legislative framework
which governs the management of the
country's wildlife resources includes the Wild Animals Preservation Act, 1961
(Act 43), the Wildlife Conservation
Regulations, 1971 (L.I. 685) and the
Wildlife Reserves Regulations, 1971
(L.I. 710).
These laws, which were enacted over
50 years ago, have now been found to be
deficient and outdated. These laws
predate both the 1974 and 1994 Wildlife
Conservation Policies and do not address
cardinal issues like community
participation in wildlife management or
the private sector involvement in the
wildlife industry.
Wildlife Resources Management Bill, 2022 — Second Reading
The name and terminology of the law,
Act 43, is itself archaic and fails to
recognise the new thinking in wildlife
conservation. “Wild Animals Preservation” focuses on fauna and neglects flora and fails to give
recognition to the fact that conservation
of the habitat of wild animals is essential
to the conservation of the animals.
“Preservation” does not also reflect the current concept of wildlife management.
Recent efforts to update the law on
wildlife include the enactment of the
Forestry Commission Act, 1999 (Act
571) which provides for the regulation of
the utilisation of forest and wildlife
resources, the conservation and
management of those resources and
coordination of policies related to those
resources. This Bill therefore sets out in
detail, the functions of the Commission,
aimed at achieving the objects of the
Commission with respect to wildlife as
specified in section 2 of Act 571.
Furthermore, various international
organisations to which Ghana belongs
have published principles and guidance
on forest management which Ghana has
endorsed but are not reflected in the
current legislation. Hence this Bill seeks
to bring our wildlife administration
abreast with current management
structures and best practice, and to
involve the various wildlife hosts
communities in the management of
wildlife resources.
5.0 Object of the Bill
The Bill seeks to consolidate and
revise the laws relating to wildlife and
protected areas; provide for the
implementation of international
conventions on wildlife to which Ghana
is a signatory and for related matters.
6.0 Observations
The Committee made the following
observations during the deliberations:
6.1 Incorporation of Relevant
International Conventions
Ghana is a member of international
organisations which have published
principles and guidelines on forest
management. While these published
principles are endorsed by Ghana they
are not reflected in current legislation.
The provisions of the Convention on
Biological Diversity, 1992, African
Convention on the Conservation of
Nature and Natural Resources, 2003, and
the Convention on International Trade in
Endangered Species of Wild Fauna and
Flora, 1973 were ratified by Ghana in
August 1994, June 2007 and February
1976 respectively but are not
incorporated in the laws that govern the
management of wildlife resources.
6.2 Current Practices in Wildlife
Conservation
The Committee noted that the existing
laws governing wildlife and protected
areas are outdated in view of current
trends in these areas. These laws
comprise the Wild Animals Preservation
Act, 1961 (Act 43), the Wildlife
Conservation Regulations, 1971 (L.I.
685) and the Wildlife Reserves
Regulations, 1971 (L.I. 710) which were
Wildlife Resources Management Bill, 2022 — Second Reading
passed over 50 years ago. Thus, the
concept of wildlife management has
evolved globally and yet Ghana's laws on wildlife do not recognise the new
thinking in wildlife conservation. The
terminologies of Act 43 do not reflect the
current concept of wildlife management.
The Act focuses only on fauna and
neglects flora. Furthermore, it does not
cover the conservation of the habitat of
wild animals which is essential to the
conservation of these animals.
6.3 Protection of Wild Animals
The Committee noted that the Bill has
greatly increased the scope of protection
of wild animals. The Bill provides for
increased list of protected wild animals
and prohibits their capture or destruction
without the authorisation of the Chief
Executive of the Forestry Commission.
The first category comprises the list of
fully protected wild animals that cannot
be hunted, captured or destroyed without
the authorisation of the Chief Executive
for the purpose of conservation,
scientific research or captive breeding.
The second category is made up of
partially protected wild animals that
cannot be hunted, captured or destroyed
between 1st August and 1st December of
each year.
6.4 Licences and Permits
The Committee again noted the
introduction of new licences and permits
in conformity with best international
practices. The Bill provides for issuances
of licences for specified activities
including hunting or capturing of
partially protected animals, trading in
bush meat derived from partially
protected animals, keeping of wild
animals as pets, breeding of wildlife in
captivity, and establishment of
zoological gardens and wildlife reserves.
Permits would be required for the export
and import of wildlife and wildlife
products, the group hunt and capturing of
wild animals as part of cultural festivals
and propagation of wild plants. These
licences and permits comply with
Ghana's international obligations contained in the Convention on
Biological Diversity, 1992, and the
Revised African Convention on the
Conservation of Nature and Natural
Resources, 2017.
6.5 Community Participation and
Private Sector Involvement in Wildlife
Management
The Committee also noted that the
current laws on wildlife and protected
areas do not make provisions for
communities and the private sector
involvement in wildlife management. As
the current laws predate both the 1974
and 1994 Wildlife Conservation
Policies, they do not address cardinal
issues like community participation in
wildlife management or the involvement
of the private sector in the wildlife
industry. The Bill therefore will permit
communities and the private sector to
actively participate in the management
of wildlife and protected areas.
6.6 Functions of Forestry
Commission under the Bill
The Committee observed that the Bill
makes a detailed provision for the
Wildlife Resources Management Bill, 2022 — Second Reading
functions of the Commission which aims
to achieve the objectives of the
Commission with respect to Wildlife as
specified in section 2 of the Forestry
Commission Act, 1999 (Act 571). The
existing Act does not make provision for
the Commission's functions with regards to wildlife while in Clause 4 of the Bill,
the functions of the Commission are
clearly spelt out with regards to wildlife
management and development. Among
these functions, the Commission would
be mandated to identify additional
protected areas to ensure adequate
protection and representation of the
biophysical heritage of Ghana, provide
migration corridors and address other
ecosystemic demands necessary to the
life cycle of wildlife. This function
emphasises the obligation of Ghana
under the Revised African Convention
on the Conservation of Nature and
Natural Resources 2017, to regularly
assess the potential impact and the
necessity of establishing additional
conservation areas.
6.7 Training and Protection of
Wildlife Officers
Officials of the Ministry of Lands and
Natural Resources told the Committee of
recent attacks on wildlife officers which
had resulted in deaths in some cases. It
was refreshing to note that provisions
have been made in the Bill to strengthen
the current regime of training and
general protection of wildlife officers.
The Bill would empower the Forestry
Commission to arrange training for its
paramilitary staff and equip them to
perform their duties. The Committee has
further proposed an amendment to
ensure that the paramilitary personnel of
the Forestry Commission are well
equipped including the provision of
arms.
6.8 Honorary Wildlife Officers
The Committee noted the provision
made for the appointment of honorary
wildlife officers by the Forestry
Commission to assist in the performance
of the functions of the Commission.
While appreciating the need to
encourage private individuals to assist
the Forestry Commission, the
Committee proposes that the
Commission should be well resourced to
improve its staff strength to the level
necessary for full and effective
performance of its functions. To this end,
the Committee has recommended for the
deletion of clause 32(3) of the Bill.
7.0 Proposed Amendments
The Committee's proposed amendments are contained in the
Appendix.
8.0 Conclusion and
Recommendation
The Committee has duly scrutinised
the Wildlife Resources Management
Bill, 2022 in the light of the 1992
Constitution and other existing laws. The
Committee takes the considered view
that the eventual enactment of the Bill
will ensure effective management of the
country's wildlife resources in accordance with international best
practices and also promote private sector
investment in the sector.
Wildlife Resources Management Bill, 2022 — Second Reading
In that regard, the Committee
recommends to the House to adopt this
Report and pass the Wildlife Resources
Management Bill, 2022 in accordance
with article 106 of the 1992 Constitution.
Respectfully submitted.
APPENDIX: PROPOSED AMENDMENTS
i. Clause 4 — Amendment proposed — Subclause (1), paragraph (g), line 2, before “resources” insert “wildlife”.
ii. Clause 8 — Amendment proposed — Subclause (1), renumber paragraphs.
iii. Clause 8 — Amendment proposed — Subclause (4), paragraph (b), line 2, after “conservation”, insert “of”.
iv. Clause 10 — Amendment proposed — Subclause (2), paragraph (d), line 2, after “Executive Director”, insert “with the approval of the Commission”.
v. Clause 11 — Amendment proposed — Subclause (8), paragraph (b), delete “vegitation”, and insert “vegetation”.
vi. Clause 14 — Amendment proposed — Subclause (4), line 2, delete “reviewed and”
vii. Clause 14 — Amendment proposed — Subclause (5), line 1, delete “five” and insert “ten”.
viii. Clause 16 — Amendment proposed — Subclause (1), line 4, delete “community” and insert “area”.
ix. Clause 16 — Amendment proposed — Subclause (2), paragraph (d), lines 2 and 3, delete “the contents of which shall be prescribed by Regulations”.
x. Clause 16 — Amendment proposed — Subclause (2), paragraph (e), Subparagraph (i), delete and insert the following:
“(i) traditional decision-making structures; and
(ii) local land tenure system in the area for which the Community Resource
Management Area is established; and;
Wildlife Resources Management Bill, 2022 — Second Reading
xi. Clause 22 — Amendment proposed — Subclause (2), paragraph (a), after “import”, insert “wildlife and”.
xii. Clause 23 — Amendment proposed — Subclause (11), line 2, after “may”, insert “within fourteen days”.
xiii. Clause 23 — Amendment proposed — After subclause (11), insert a new subclause as follows:
(…) The Commission shall, within fourteen days after receipt of an appeal for review, review the decision and communicate the response to the
applicant.”
xiv. Clause 24 — Amendment proposed — Subclause (4), line 2, after “may”, insert “within fourteen days”.
xv. Clause 24 — Amendment proposed — After subclause (4), insert a new subclause to read as follows:
(…) The Commission shall, within fourteen days after receipt of an appeal for review, review the decision and communicate the response to the
applicant.” xvi. Clause 25 — Amendment proposed — Subclause (4), paragraph
(a), subparagraph (i), line 1, delete “a specie” and insert “species”.
xvii. Clause 25 — Amendment proposed — Subclause (4), paragraph (a), subparagraph (ii), line 1, delete “a specie” and insert “species”.
xviii. Clause 25 — Amendment proposed — Subclause (4), paragraph (a), subparagraph (iii), line 1, delete “a specie” and insert “species”.
xix. Clause 32 — Amendment proposed — Subclause (3), delete.
xx. Clause 37 — Amendment proposed — Subclause (1), paragraph (k), delete.
xxi. Clause 38 — Amendment proposed — Delete definition of “honorary officer”.
xxii. Clause 38 — Amendment proposed — Delete the definition of “licence” and insert the following:
Wildlife Resources Management Bill, 2022 — Second Reading
xxiii. “licence” means a written authorisation granted by the Commission for the activities specified in subsection (1) of section 22;”
xxiv. Clause 38 — Amendment proposed — Insert the definition the following definitions:
“District Assembly” includes a Municipal Assembly and a Metropolitan Assembly;
“Ecosystem services” means the processes and inputs that nature provides to humans including
a. provisioning services such as the provision of food, water, energy, raw materials and medicinal resources;
b. regulating services such as climate regulation, flood protection, erosion regulation, pest and disease control and pollution control;
c. supporting services such as the provision of shelter and habitat for flora and fauna, water cycle and carbon cycle; and
d. cultural services such as provision of aesthetic, spiritual, recreational and tourism services;
“permit” means a written authorisation granted by the Commission for the activities specified in section 22;”
