Gagging of Petroleum Commission employees is an anti-corruption measure

Nov 27, 2017 News

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— Natural Resources Ministry

The Ministry of Natural Resources is claiming that the “Duty not to disclose information” clause that it inserted into the Petroleum Commission Bill is in fact an anti-corruption measure. However, anti-corruption and transparency advocates contend that the clause needs to be restricted in order to be effective.
In an article last week, this newspaper highlighted the clause which says, “Subject to this Act and any other applicable law, a person who is a member of the Board or officer or member of staff of the Commission shall not disclose any information, which he may have obtained in the course of his employment.”
Further, the Bill states, “A person who ceases to be a member of the Board or officer or a member of staff of the Commission shall not disclose any information, which he may have obtained in the course of his employment for a period of ten years, and shall not be employed by, work for or be contracted by any operator under regulation for a period of two years.”
The Bill said that a person who leaks information is guilty of committing an offence and is liable on summary conviction to a fine of $5M and to imprisonment for three years.
In response to article, the Ministry of Natural Resources has said the government remains committed to transparency and accountability, not only within the oil and gas sector but also in all sectors. “This commitment for transparency and accountability has been demonstrated through efforts made by the government to implement (Extractive Industry Transparency Initiative) EITI which is a global standard that promotes transparency and accountability in the oil, gas and mining sectors. Guyana’s application for candidacy has been accepted and Guyana is now an implementing country of EITI. EITI brings together Civil Society, Industry and Government, each having an equal stake in monitoring how natural resources derived monies are generated and expended.”
Further, the ministry pointed out that Guyana is not the first country to insert stringent penalties within the petroleum sector’s regulatory framework for breach of a duty not to disclose information. It was noted that Tanzania’s Petroleum Act 2015, Section 106, stipulates a fine or jail time for disclosing confidential information. So do the laws of Uganda (Petroleum (Exploration, Development and Production) Act 2013 Section 32 and Trinidad and Tobago’s (Petroleum Act, Section 35). However, while those countries stipulate a fine or jail time, Guyana has adopted both measures. Further, there are several transparency measures taken by the countries highlighted by the ministry that Guyana has chosen to overlook. Nevertheless, the ministry said that the clause “is aimed at deterring those whose hope to benefit from the improper disclosure; thereby providing another means of fighting corruption. It is one of many anti-corruption strategies which have to be employed in the proper management of the petroleum sector and is very consistent with international norms.”
It was political analyst Dr. David Hinds who said that government has to balance confidentiality with transparency. Dr. Hinds said that the clause needs to be qualified and restricted with the identification of what sort of information would be illegal to disclose.
The Ministry said that the Petroleum Commission Bill 2017 is the subject of widespread consultation, the aim of which is to take on board input from numerous stakeholders so that the finalized Bill reflects a collective effort to create a nationally applicable and internationally relevant law. “We continue to thank all stakeholders for their vigilance as together we strive to bring Guyana to preparedness, not only for oil production in 2020, but also for the continued exploration and growth of the sector.”
The “Duty not to disclose information” clause in its current state contradicts another piece of legislation taken to the National Assembly by this Government.

Attorney General and Minister of Legal Affairs, Basil Williams recently laid two crucial Bills in the National Assembly: The Protected Disclosures Bill and the Witness Protection Bill.
Williams explained that the Protected Disclosures Bill 2017, sometimes referred to as the ‘Whistleblowers Bill’, marks another step by the Government towards full compliance with the Inter-American Convention against Corruption (1996).
He said that the Bill would assist in combating corruption and other wrongdoings. He said, too, that the Bill seeks to protect persons making those disclosures from detrimental action and to establish the Protected Disclosures Commission to receive, investigate or otherwise deal with disclosures of improper conduct and for other connected matters.
President of Transparency Guyana Incorporated (TIGI), Dr. Troy Thomas, said that the government’s inclusion of a “Duty not to disclose information” clause in the proposed act is ominous.
He said, “It tells me that there is really no commitment to transparency as it relates to the oil industry. Why should such a bill state that people can be jailed for releasing information?”
Dr. Thomas questioned, “Why didn’t they say that persons can release information on corruption?”
Dr. Thomas said that overall, legislations in Guyana are seemingly designed to give pelicans “enough room to maneuver. In this way, they do not ultimately have to be accountable, and you are seeing this as a common thread throughout the various Acts.”
Dr. Thomas said that he finds it odd that politicians do not want to be held accountable, “but they can hold me accountable for finding information and releasing it.”

(Abena Rockcliffe-Campbell)

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