Article 36(9) of the 1992 constitution places a duty on the state to take appropriate measures needed to protect and safeguard the national environment for posterity and to seek cooperation with other states and bodies for purposes of protecting the wider international environment for mankind. This duty was emphasized in the case of MINORS OPOSA where the Supreme Court of the Republic of the Philippines decided that the petitioners could file a class suit, for others of their generation and for the succeeding generations. The court considering the concept of inter-generational responsibility, further stated that every generation has a responsibility to the next to preserve that rhythm and harmony necessary for the full enjoyment of a balanced and healthful ecology.
This duty is reiterated in article 41(k) of the same constitution but this time the duty is placed on the citizens of the state. Again the case of MINORS OPOSA is of importance as the petitioners discharged their duty to protect the environment by filing an action in court.
Article 258 of the 1992 constitution lays out the functions of the lands commission. It gives an idea of what the state wants to do with its land.
Article 269 talks about the various natural resource commissions which are to be established to help control grants or concessions in any of the natural resources of the state.
(1) Subject to the provisions of this Constitution, Parliament shall, by or under an Act of Parliament, provide for the establishment, within six months after Parliament first meets after the coming into force of this Constitution, of a Minerals Commission, a Forestry Commission, Fisheries Commission and such other Commissions as Parliament may determine, which shall be responsible for the regulation and management of the utilization of the natural resources concerned and the co-ordination of the policies in relation to them. (2) Notwithstanding article 268 of this Constitution, Parliament may, upon the recommendation of any of the Commissions established by virtue of clause (1) of this article, and upon such conditions as Parliament may prescribe, authorise any other agency of government to approve the grant of rights, concessions or contract in respect of the exploitation of any mineral, water or other natural resource of Ghana.
Articles 86 and 87 of the constitution talks about the composition of the National Development Planning Commission and its functions. They are to study and come up with developments plans as well as make proposals for the protection of the natural and physical environment.
In accordance with article 269 of the 1992 constitution there is now a minerals commission established by act 450, a forestry commission established by act 571 and a fisheries commission established by act 457.
Articles 240 and 241 of the 1992 constitution talks about decentralization and local government. Under it, the district assembly is the highest political authority in a district and has deliberative, legislative and executive powers.
- (1) Ghana shall have a system of local government and administration which shall, as far as practicable, be decentralized.
(2) The system of decentralized local government shall have the following features-
(a) Parliament shall enact appropriate laws to ensure that functions, powers, responsibilities and resources are at all times transferred from the Central Government to local government units in a coordinated manner;
(b) Parliament shall by law provide for the taking of such measures as are necessary to enhance the capacity of local government authorities to plan, initiate, co-ordinate, manage and execute policies in respect of all matters affecting the people within their areas, with a view to ultimately achieving localization of those activities;
(c) there shall be established for each local government unit a sound financial base with adequate and reliable sources of revenue;
(d) as far as practicable, persons in the service of local government shall be subject to the effective control of local authorities;
(e) to ensure the accountability of local government authorities, people in particular local government areas shall, as far as practicable, be afforded the opportunity to participate effectively in their governance.
- (1) For the purposes of local government, Ghana shall be deemed to have been divided into the districts in existence immediately before the coming into force of this Constitution.
(2) Parliament may by law make provision for the redrawing of the boundaries of districts or for reconstituting the districts.
(3) Subject to this Constitution, a District Assembly shall be the highest political authority in the district, and shall have deliberative, legislative and executive powers.
(1) For the purposes of local government, Ghana shall be deemed to have been divided into the districts in existence immediately before the coming into force of this Constitution.
(2) Parliament may by law make provision for the redrawing of the boundaries of districts or for reconstituting the districts.
(3) Subject to this Constitution, a District Assembly shall be the highest political authority in the district, and shall have deliberative, legislative and executive powers.
By article 245 of the 1992 constitution functions of the district assembly include the formulation and execution of plans, programs and strategies for the effective mobilization of the resources necessary for the overall development of the district as well as the levying and collection of taxes, rates, duties and fees.