Kaieteur News- Despite attracting criticism from various stakeholders, locally and internationally, President Irfaan Ali has assented to the controversial Oil Pollution Prevention, Preparedness, Response and Responsibility Bill.
The bill was tabled in the National Assembly on April 28 and approved through government’s one-seat majority in the House on May 16.
According to the Official Gazette, the Head of State signed the Bill into law on May 28.
His approval to the controversial legislation comes on the heels of numerous concerns raised about the provisions in the Law. In fact, a number of Guyanese and international bodies had publicly urged the President not to assent to the legislation, citing violations to Guyana’s international legal obligations.
Two of the most pressing concerns raised so far about the law relates to its failure to ensure Guyana secures an unlimited guarantee from the parent companies of petroleum companies that operate locally and the fact that the law only provides one year for an affected party to claim for compensation after the occurrence of a spill.
US-multibillion dollar damages
In a letter to President Ali, dated May 27, 2025, a group of 37 individuals and organizations from across the region urged the Head of State not to assent to the Bill, in light of the controversy and its “legal defects”.
Eunice Graham, Jamaican Canadian Association, Jamaica; Diana McCaulay- Jamaica Environment Trust, Jamaica; Emmanuel Williams, Coquenomade-fraternite, Martinique and Beverly Bain, Trinidad and Tobago were among the regional signatories of the letter.
Guyanese citizens and organizations affiliated with Transparency Institute Guyana Inc (TIGI), Red Thread, Caribbean Labour Solidarity, African Remembrance Day Committee, Guyanese Organization of Indigenous Peoples (GOIP), The Greenheart Movement, Ram & McRae and The Breadfruit Collective also attached their signatures to the letter, among others.
In the document seen by this newspaper, they explained, “We the undersigned are citizens of Guyana residing in Guyana or members of the Guyana diaspora or people of the Caribbean. We are deeply concerned that ExxonMobil Guyana Ltd.’s deepwater petroleum operations offshore Guyana are a danger to Guyana and the Caribbean.”
The citizens pointed out that Environmental Impact Assessments (EIAs) conducted by ExxonMobil show that an oil spill in Guyana could hit Jamaica, with over a dozen Caribbean countries being negatively affected.
“This could result in US$ billions in harm to the economies, businesses, livelihoods and environments of Guyana and the Caribbean,” they noted as they shifted their attention to the Oil Pollution Bill, which was not assented to at the time the letter was sent.
The citizens informed the President that the Bill has been condemned by experts as unconstitutional and an attempt by the Guyana government to change the law in order to protect ExxonMobil Guyana Ltd.’s parent company, ExxonMobil Corporation, from having to pay for oil spill damage to Guyana and the Caribbean.
To this end, they argued that ExxonMobil Corporation (the parent company) should not be permitted to produce oil through ExxonMobil Guyana Limited (the subsidiary) unless it can show that its operations are safe and the company will pay for all the damage done to environments, businesses, economies, communities, and livelihoods.
President ignores
The President has not only ignored the calls made by local stakeholders but also regional bodies such as the Commonwealth Lawyers Association (CLA), which previously urged him not to assent to the Bill.
The body, in a statement on Thursday, explained, “The Oil Pollution Bill has been criticised as unconstitutional, contrary to Guyana’s international legal commitments and an attempt to reverse the impact of judicial rulings. These are serious criticisms which, as a matter of good governance based on the rule of law, ought to be addressed before any exercise of the President’s assent.”
With elections scheduled to be held on September 1, the President is expected to issue a Proclamation dissolving Parliament. The Commonwealth Lawyers Association, therefore, pointed out that this presents an opportunity to ensure good governance by withholding assent to the Bill and leaving these issues for the new Parliament to address “through a proper democratic process consistent with international standards, including public participation.”
With the Bill passed in less than three weeks since it was first read in Parliament, the Association flagged the lack of proper consultation, a breach of the Escazu Agreement to which Guyana is a party. An objective of this Agreement is to guarantee public participation in environmental decision-making process.
Moreover , CLA noted that Article 197 of the United Nations Convention on the Law of the Sea (UNCLOS) requires Guyana to cooperate on a regional basis with other states and competent international organisations to formulate rules, standards and recommended practices and procedures to protect and preserve the marine environment, taking into account characteristic regional features. This is reflected in the Revised Treaty of Chaguaramas which requires the Caribbean Community (CARICOM) and its member states to collaborate in “safeguarding their marine environment from pollutants and hazardous wastes.”
As such, the Association called on Guyana to develop its oil spill response law and systems in cooperation with CARICOM and the Caribbean States.
In addition to the CLA, international award-winning environmental lawyer, Melinda Janki, as well as attorney-at-law, Christopher Ram, highlighted a number of flaws in the legislation. Former Head of Environmental Protection Agency (EPA), Dr. Vincent Adams, also described the legislation as an attempt to undo the High Court’s ruling for unlimited oil spill protection.
Original link posted by Kaieteur News on June 01, 2025
