Fishermen should take Exxon to court for loss of income

Jan 12, 2022 Letters

Dear Editor,

Kaieteur News – Fishermen complain that they cannot meet expenses in ocean outings. They are losing a lot of money in every outing. Some have put up their fishing boats for sale. They believe that the oil industry has impacted their fish catch. They assert they ever since oil exploration began, their catch has declined sharply. No scientific linkage has been made. Is it the oil industry or overfishing by Chinese vessels operating in Guyanese waters responsible for low catch by local Guyanese fishermen? The fishermen have asked for compensation but have not given thought of court action. Justice can only be obtained in a court hearing. Thus, the fishermen should seriously consider filing a class action lawsuit. This will also be considered a public interest lawsuit – unprecedented. A case and the ruling will build legal careers.
In the US and Trinidad, there are public interests lawsuits that build reputation of unknown lawyers. Conservative courts (majority of judges) and pro-government judges are not supportive of public interest litigation but liberal judges tend to be pro-environment and supportive of public interests issues. In neighbouring Trinidad, almost every public interest cases were won. Guyanese Fenton Ramshoye won several public interest litigation in Trinidad. He did most for free. In Guyana, lawyers should donate their services to public interest litigation. This fish and oil matter can be a test case.
In Trinidad, Ramesh Maharaj was the lead local lawyer for public interest cases going back to the 1980s. He did not charge clients on public interest matters. In several cases, he told me he did not expect to win in the High Court or Court of Appeal because of biased judgments. But he was confident he would win at the White Man’s court (Privy Council). Our own Sir Fenton Ramsahoye told me same – lack of faith in local courts. Fenton and Ramesh won almost all their cases at the Privy Council. And they received millions of TT$ for court costs and legal fees awarded by the CCJ. There is equal justice in White countries; Guyana should follow that model.
The fishermen should consult with a local lawyer to take their case pro bono. Such a case provides an opportunity for a lawyer to make a big name in a lawsuit against Exxon. They would get international attention and they would win. The fishermen would get fair compensation for the rest of their lives if it can be proven that oil exploration impacted their livelihood (low catch). The evidence is clear in several other countries! But it must be demonstrated in Guyana. It has been established by Marine biologists that seismic blasts associated with oil exploration scare away fish. There are many articles in leading science journals that seismic blasts affect fish life, driving away fish. In my own biology research in the lab, noise and strong waves scare away fish.
Exploration seismic waves and drilling noise could be reasons there is low catch in addition to Exxon preventing fishing boats to fish in rich fish waters. But the fishermen claimed that Exxon security prevented (and still prevents) fishing boats from operating in the area of oil exploration, seismic blasts, drilling, and production – areas where they used to catch fish. That, in and of itself, affects fishing and the livelihood of the fishermen. That entitles them to compensation.
The latter point is justifiable reason why fisher folks and everyone affiliated with the fishing industry (fishing companies, exporters, etc.) should be justly compensated.
They should file a class action lawsuit as would be done in Trinidad. Fish businesses should join them.

Yours truly,
Vishnu Bisram

Latest News

Fishermen should take Exxon to court for loss of income

Related

Similar Articles

The Glenn Lall Show|| February, 7th, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Imlach masterclass 126, Alimohamed 66-ball 77, give Harpy Eagles life...

Fraser rebounds well, as Arjoon keeps perfect...

Guyana to host historic 3×3 Quest Tournament

Quarter-Finals in Mashramani Street Football...

Vurlon Mills Football Academy launches KFC...

DEMLIFE Golf Tournament tees off today at LGC

Features/Columnists

Due diligence on investments must become a priority

OAS Secretary General Election and renewed OAS Consensus

Awestruck and starstruck with a twist

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]

Fishermen should take Exxon to court for loss of income

Share this:

Related

Similar Articles

The Glenn Lall Show|| February, 7th, 2025

Follow on Tik Tok @Glennlall

THE BLUNT OF THE DAY

Sports

Features/Columnists

Publisher’s Note

Weekend Cartoon

Bridge Watch

Demerara Harbour Bridge

> Berbice Bridge […]