Govt. appealing ruling on EPA places Guyana between a rock and hard place

May 13, 2023 Letters

Dear Editor,

Kaieteur News – The Guyana Trades Union Congress (GTUC) applauds Mr. Frederick Collins and Mr. Geoffrey Whyte for bringing their concerns for Guyana’s safe development before the court for an interpretation of Exxon Mobil’s Agreement as it pertains to environmental obligations under the law. The Environmental Protection Agency (EPA) was instructed by the court to act consistent with the Laws, the Government of Guyana is appealing said decision in favour of the people of Guyana.
One would think this would be pleasing to the Government of Guyana and not witness the Government in such blatant contravention of Guyana’s interest. Justice Sandil Kissoon’s ruling on 3rd May, 2023 regarding the state-owned EPA’s interpretation of ExxonMobil’s contract and Guyana’s environmental laws 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.
Instead of accepting the ruling of the court, the PPP finds itself waging a battle against the ruling by Justice Kissoon and the people of Guyana. Ordinarily, this ruling would be seen as a good thing, as the ruling gave favour to the people of Guyana. 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.
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 to be a position desired by any means necessary rather than gaining victory for the people and optimising environmental safety and protection. The PPP traps itself demonstrating no responsibility, loyalty and concerns for environmental protection of the people of Guyana. Instead of building a positive relationship with this multinational the government chooses 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 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.
GTUC urges 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.
GTUC

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