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Mar 23, 2022 News
…Locals’ right to benefit from oil sector must be protected – Datadin
By Kiana Wilburg
Kaieteur News – Advisor on Borders, Carl Greenidge warned on Tuesday that Guyana ought to think long and hard before prematurely opting out of obligations under CARICOM’s Revised Treaty of Chaguaramas (RTC), so as to preserve the right of Guyanese to first consideration for jobs in their oil sector, as enshrined in the Local Content Law.
The former Finance and Foreign Affairs Minister holds the foregoing view for the following reasons: 1) Considering the principle of sanctity of Treaties as outlined in international law, opting out of CARICOM’s RTC requires the consent of all member states and therefore cannot be done unilaterally; 2) alleged discrimination by Trinidad and Tobago in the past or on local content protection grounds cannot constitute justification to opt out of the RTC because it is now convenient to Guyana’s interests; 3)Withdrawing from compliance with Treaty obligations can have far-reaching implications since the Caribbean is Guyana’s most important export market after the USA and Canada; and 4) Venezuela would be closely watching the country’s respect for treaties hence Guyana needs to be mindful not to appear hypocritical or duplicitous.
Upon noting the summarized points and their extended explanations as published in Tuesday’s publication, Attorney-at-Law and Government Parliamentarian, Sanjeev Datadin said yesterday that he could not agree with Greenidge’s line of argument. Datadin expressed that it is simply “nonsensical”.
Datadin said one must first understand that his suggestion which was published in the media last week—that Guyana can opt out of the RTC—which fuelled the local content debate to another dimension, should not be construed to mean that this is the only option before Guyana or that it is the decision of the government.
“I think government will consider any option that will allow its people to develop their capabilities over a period of time so Guyanese investors can come up to speed…Further, my reason for mentioning it is to make clear the resolve of the government; to make clear just how serious they are about ensuring locals benefit from their national resources as well as to make known, the scale of consideration which is indicative of the government’s promise to deliver on ensuring Guyanese benefit,” expressed the lawyer cum politician.
He added, “This is to demonstrate that those who think Guyana is powerless, she isn’t, she is in control of her destiny and the government will use whatever it has to use to achieve it.”
As for the principle of sanctity of treaties, Datadin said it is the same as sanctity of contracts, in that, if one signs on the dotted lines, the provisions of the said deal or document must be respected and honoured.
He noted however that the RTC offers a leeway for alteration of obligations and hence his recommendation. The lawyer recalled that the Bahamas had opted out of immigration obligations under the RTC and so too have and Antigua and Barbuda and St. Kitts and Nevis. Both opted out of obligations regarding the free movement of certain skilled labour. “So I am not proposing we pass laws that are inconsistent with Treaty obligations; but if the desire is for the domestic law to protect its people and it infringes the treaty then regulate the treaty.”
As for Greenidge’s commentary that Venezuela is paying attention to Guyana’s respect for treaties, hence the need to proceed with caution, Datain said the economist and Advisor on Borders is simply comparing apples and oranges. In fact, Datadin is of the view that the Venezuela border controversy and the issue at hand are completely unconnected. “It is totally wrong to equate the two matters. And let’s be clear, we are not saying this option of opting out is available to us because it is a mere matter of convenience for us; this is a matter of national interest. We must and have to protect our people and companies and their right to benefit from the oil sector,” the PPP/C Parliamentarian stated.
Meanwhile, President of the Georgetown Chamber of Commerce and Industry (GCCI) Timothy Tucker also agreed wholeheartedly with Datadin’s viewpoint as he took to his Facebook profile, to issue another impassioned statement on the matter.
Tucker is of the belief that some of the blame for where Guyana finds itself should be laid at Greenidge’s feet. He believes that the former government, and other actors before it, had a chance to correct the lopsided treatment Guyana faces as a CARICOM state and co-founder but never did.
Tucker said Guyanese have suffered from the “most discrimination, ill treatment, rejection of goods and services by CARICOM member states.”
For the GCCI President, the issue at hand goes beyond the Local Content Law too.
He posited, “It is how Guyana, Guyanese citizens and Guyanese businesses have been treated within CARICOM and especially by Trinidad. It is also how Trinidad as a country has manipulated CARICOM and taken advantage of the entire region and nothing can be done about it, it is how the business community sits in the room and sees multiple Guyanese Governments try to obey the Revised Treaty of Chaguaramas multiple CARICOM member states break the rules set out by the Council for Trade and Economic Development (COTED), disregard decisions of CARICOM when it goes against the interest of their country’s business community…”
For the GCCI President, Guyana has a right to slam its hands on the table and say, “Enough is enough!” He alluded that CARICOM nationals either get in line or Guyana should, without hesitation, opt out of its Treaty obligations.
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