An Analysis of the Nuclear Regulatory Authority Act 2015 (“Act 895”) and the Extent of Its Conformity to International Law and Best Practices

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Dr. Samuel Obeng Manteaw

Abstract

Nuclear energy, while holding tremendous benefits and amazing opportunities for development, poses significant risks to health, life, property and the environment.  These risks transcend the territorial boundaries of states and affect the international community. It is, therefore, essential that states and the international community enact legislation, enter into Treaty Agreements, establish a rigorous national and global regulatory framework, and also implement strategies to promote nuclear safety, security and environmental protection.


States have concluded some International Conventions on nuclear energy, such as the Convention on Nuclear Safety, Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management, which prioritizes the establishment of regulatory bodies with certain vital characteristics, enactment of relevant laws, and peer review systems to track compliance with the laws.


Among these States is the Republic of Ghana, which is a signatory to the aforementioned International Conventions. In meeting its international obligation to establish a regulatory body, the Republic of Ghana enacted the Nuclear Regulatory Authority Act of 2015 (Act 895). This domestic statute primarily establishes the Nuclear Regulatory Authority (NRA) as an independent body to provide for the regulation and management of activities and practices for the peaceful use of nuclear material and radiation in the country.


It has, however, become clear, upon a perusal of the Nuclear Regulatory Authority Act, 2015 as well as the regulatory framework which it establishes, that there exists a gap in compliance with the relevant requirements for the establishment of a regulatory framework under the International Conventions, such as the Convention on Nuclear Safety.


For instance, upon a comprehensive reading of the Nuclear Regulatory Authority Act of 2015, it becomes clear that the regulatory body lacks adequate independence due to the absence of sufficient security of office for its members and the existence of minimum constraints on its acquisition of resources, among other things.


This gap in compliance not only increases the risks of a nuclear disaster but also represents the Republic of Ghana’s failure to meet its constitutional mandate under Article 40 (c) (d) of the 1992 Constitution to promote respect for international law and treaty obligations, and to adhere to the principles enshrined in these treaties.


This article seeks to address the problem by recommending legislative or regulatory reforms to ensure optimum nuclear safety, security, and environmental protection in the Republic of Ghana’s utilization of nuclear energy and to ensure that the Republic of Ghana meets its national and international obligations.


 

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