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Last Wednesday Justice Sandil Kissoon ruled the state-owned Environmental Protection Agency (EPA) must enforce Guyana’s environmental protection laws in a case dealing with ExxonMobil. This case was brought by ordinary Guyanese, Messrs Frederick Collins and Godfrey Whyte.
The People’s Progressive Party (PPP) government is not unaware of the environmental risk to Guyana should a spill occur and the importance of ensuring accountability of the parties involved, including the Government of Guyana and Exxon.
As outlined on its website, Exxon’s policy on environmental sustainability states: “We aim to develop, maintain and operate projects responsibly, using appropriate standards that enable us to Protect Tomorrow. Today. We strive to be a leader in environmental management, and work to understand and mitigate potential environmental and socioeconomic impacts.” And even if Exxon may have had a history of some bad deals, there is no harm holding them accountable to protecting the environment.
The PPP’s reaction to the court’s decision should raise the concerns of all as to whose interest they are serving in the court case filed against the state-owned EPA. For certain, it is not that of the Guyanese people who the EPA is given to protect. The Government of Guyana by its very actions, instead of setting out to mitigate the gravity and cost of an environmental disaster in Guyana’s waters being borne by the citizens of this country, has decided that it will exhaust every legal opportunity to act contrary to the interest of the Guyanese community.
The PPP government has broken ranks with its citizens and the EPA. The decision to appeal does not place Exxon in a good position as a responsible corporate entity, seeking to abide by the laws of a developing country, in its exploitation of our oil and gas resources. There is no indication, no reason to believe that meaningful dialogue with Exxon, in light of the court ruling, would not suffice for decision-making in the best interest of all involved and in particular the ‘good’ corporate image of company.
Guyanese and many watchdog organisations around the world monitoring Guyana and Exxon’s relationship must be appalled by the ease with which the PPP attempt to subvert our laws and the safeguards outlined therein to protect the Guyanese people, our environment, and ensure compliance with measures consistent with the Paris Agreement. This cannot be a good thing for Guyana, nor for Exxon both of whose interests must be served. What the PPP is doing amounts to a slap in the face of Guyanese citizens.
The learning curve Guyana went through since signing an agreement of ExxonMobil’s magnitude should by now see the current Government of Guyana acting more shrewd in the pursuit of these issues and seeking high profiled environmentally conscious advisors and consultants who understand the environment of oil and gas to aid in its negotiations.
Guyanese are reminded that Guyana is also a signatory to the Paris Climate Agreement, which was signed on 12th December 2015 during the David Granger/Moses Nagamootoo government. This was done in acknowledgment of the warnings by scientists that our environment is in crisis and efforts must be taken, some difficult, in order to protect the planet and those that dwell within. Thus where the coalition government fell short it sought to make up in other ways.
The Paris Agreement is a legally binding treaty that offers protection to Guyana.
The Government and people of Guyana have an obligation to properly manage spills and environmental risks and the Granger/Nagamootoo administration must be commended for taking the necessary steps to place Guyana and Guyanese amongst nations and peoples desirous of protecting the environment.
Justice Kissoon’s ruling that “It was simply as a matter of law, fact, and consequence the norm that prevails which bound ESSO as singularly and exclusively responsible for all liabilities without restriction, implied or expressed, from its operations at the Liza Phase 1 Petroleum Production facilities, in the Stabroek Block”
The Attorney General and Minister of Legal Affairs, Anil Nandlall, S.C must explain the consequences he identifies in a response to the ruling which warns of “profound ramifications and grave economic and other impacts on the public interest and national development.” On matters of such serious national interest, the Attorney General statements should be examined and or clarified if not seen as idle ramblings.
It hurts that the Government of Guyana would seek to go against its country and its people. Theirs is an act that could be equated to political cannibalism. The PPP leaders must be ashamed of themselves and Guyanese should be ashamed of them.
Citizens must therefore continue to confront the PPP on all matters of national interest for clearly they are not in office to protect such interest. We have seen this in the recent case with the permanent secretary of the Ministry of Home Affairs where they have conveniently gone silent, now this, among a host of others. The PPP are poor stewards of this country and continue to prove why they are not fit and proper to govern.
