Min. Bharrat’s order for regulators to ‘expedite’ oil drilling programmes unlawful

Oct 30, 2022 News

…puts Guyana in violation of due diligence obligations under int’l Law – Attorney Melinda Janki

Kaieteur News – Following the announcement last week by ExxonMobil Corporation that two more discoveries were made at the Sailfin-1 and Yarrow-1 wells in the Stabroek Block, Government was keen to note how its internal decisions have complemented Exxon’s offshore performance.

International Lawyer, Melinda Janki

Specifically, Natural Resources Minister, Vickram Bharrat said in a statement to the media that petroleum sector regulatory agencies were in fact mandated to enhance collaboration with all other operators “to expedite their drill programmes.”

Upon noting such declarations, International Lawyer and Advocate for environmental protection, Melinda Janki, firmly asserted that the issuance of such instructions constitutes an ‘unlawful’ interference with the statutory mandates of the agencies concerned.

Janki said, “Ministerial interference in the mandate of any regulatory authority undermines the rule of law to the detriment of all citizens regardless of their political allegiances, income or status. Minister Bharrat is either unaware or uncaring of Guyana’s constitutional arrangements.”

The Lawyer further asserted that a Minister has no power outside what is prescribed by law. She explained that the law consists of the statutes under which the Minister has responsibility, and the common law and legal principles developed and refined by the courts over centuries, to protect people from abuse of power. She categorically stated that, “Minister Bharrat has no legal mandate to direct any regulatory agency how to carry out its statutory duties.”

Furthermore, Janki contended that one of the key bodies regulating the oil sector is the Environmental Protection Agency (EPA). She said this body has a duty to prevent oil pollution, to assess oil drilling activities in an informed and careful manner, and to ensure that the marine life is protected from harmful activity. Janki said the EPA also has a legal obligation to protect the environment upon which all depend for existence, sustenance and ultimately, their future. Taking the important functions of the EPA into consideration, Janki pointed out that the EPA’s legal mandate is therefore incompatible with Minister Bharrat’s political ‘mandate’ to expedite drill programmes.

Natural Resources Minister, Vickram Bharrat

Expounding on this front, Janki said, “It is well known that deep sea drilling is extremely dangerous. The BP Macondo well was an exploration well (IN THE Gulf of Mexico). When it blew it killed 11 people, exterminated marine life and had enormous consequences for the economy of the region. A well blow out offshore Guyana could devastate the marine environment.”

She added, “A well blow out could also harm Caribbean economies. Minister Bharrat’s ‘mandate’ to expedite drilling puts Guyana in violation of the Guyana’s due diligence obligations under international law. Guyana would therefore be liable for harm to Caribbean countries. It is clear that Minister Bharrat is not able to exercise his ministerial responsibilities in the best interests of the people of Guyana.”

Furthermore, the lawyer was keen to note that exploration for oil can also have a devastating impact on wildlife. In this regard, she explained that drill companies use seismic testing to map the ocean floor in order to work out where to drill.

For those who are not aware of seismic testing, the Centre for Biological Diversity in the USA describes it as follows: “Offshore oil and gas exploration uses deafening seismic surveys that generate the loudest human sounds in the ocean, short of those made by explosives. Seismic testing involves blasting the seafloor with high-powered air guns (a kind of powerful horn) every 10 seconds and measuring the echoes with long tubes to map offshore oil and gas reserves. These blasts disturb, injure and kill marine wildlife around the clock for years on end.

“In marine mammals, the blasts — which reach more than 250 decibels and be heard for miles — can cause hearing loss, disturb essential behaviours like feeding and breeding, and mask communications between individual whales and dolphins. The blasts also reduce catch rates of commercial fish.”

( See link for further info. https://www.biologicaldiversity.org/campaigns/seismic_blasting/)

Given the devastating impact of seismic testing on wildlife, Janki commented that there should be no exploration for oil offshore Guyana, unless there has been a full environmental impact assessment of the drill programme submitted by oil companies. In the absence of an EIA, Janki said there is no evidence that the EPA has imposed proper mitigation measures or is taking any steps to enforce the Environmental Protection Act. She said, “Indeed the EPA appears to be in breach of its statutory duties in this matter.”

Overall, Janki reiterated her disagreement with the approach taken by Government, reminding that democracy and freedom depend on citizens’ willingness to uphold the rule of law as well as on a legal profession willing to act in the public’s interest.