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The Guyana Trades Union Congress (GTUC) has added to voice to growing reactions by the Government of Guyana appealing a High Court ruling in its favour. Last week the state-owned Environmental Protection Agency (EPA) appealed the May 3rd ruling of Justice Sandil Kissoon to enforce the liability clause in Exxon Permits or risk the permit being suspended.
GTUC, in a release, stated one would think the ruling would be pleasing to the Government of Guyana and not witness the Government in such blatant contravention of Guyana’s interest.
According to the federated body, Justice Kissoon’s ruling provided interpretation of ExxonMobil’s contract and Guyana’s environmental laws and should be seen as providing guidance for the state in its dealings with government and non-government organisations. “That the Government of Guyana, under the management of the People’s Progressive Party (PPP), sought to interpret otherwise is an indictment of their ability to best represent Guyanese interest and well-being.”
The trade union body said what it found disturbing is that instead of accepting the ruling of the court, the PPP finds itself waging a battle against Justice Kissoon’s ruling and the people of Guyana.
It was noted that ordinarily, the ruling would be seen as a good thing, as the ruling gave favour to the people of Guyana, and it begs the question why any government would challenge a court ruling where the laws of the land permits for the EPA to protect its citizens.
Further, GTUC asks, why would the PPP give away the citizens’ rights, ignore a court ruling in the people’s favour, lending to public perception its intent is to challenge the ruling to ultimately please Exxon. This appears, the body said, to be a position desired by any means necessary rather than gaining victory for the people and optimising environmental safety and protection.
GTUC has commended Messrs Frederick Collins and Geoffrey Whyte for taking their concerns for Guyana’s safe development before the court for an interpretation of Exxon’s Agreement as it pertains to environmental obligations under the law.
In so doing the organisation noted the government has trapped itself demonstrating no responsibility, loyalty and concerns for environmental protection of the people of Guyana, choosing instead to build a positive relationship with ExxonMobil to act in blatant contravention of Guyana’s interest.
“Guyanese must be aware what this case is really about since the PPP has exerted its influence in every space and has proven itself capable of producing the results it desires. However, even if they set the stage to ‘win’ an appeal, in the court of public opinion they will always be seen as the government that fought and betrayed the people of Guyana in favour of a foreign company and its own personal interests.”
Notwithstanding the challenges developing countries come up against, particularly when engaging with multinational companies, the GTUC warned the government has foremost obligation to its citizens, the Constitution and Laws of Guyana.
“Multinationals, as good corporate citizens, are respecting the laws and court’s ruling in their home country which is a practice that should be replicated in host countries, particularly where such decisions are in congruence with established international standards.”
To the end GTUC urged citizens of Guyana not to be afraid to bring cases against the government on matters of concern regarding rights, the rule of law and injustices.
