Citizens have a right to receive all information on oil and gas sector - Int’l Body

Citizens have a right to receive all information on oil and gas sector – Int’l Body

Jan 01, 2023 News

Kaieteur News – According to the Natural Resource Governance Institute (NRGI), it is imperative that governments are upholding their constitutional duty to be transparent with citizens on how their resources are being exploited. It said rules and regulations ought to be in place to ensure that there is a smooth flow of information to the people so that they can hold their elected officials accountable.

The Institute noted that the rules governing access to information on resource management are usually spread across different documents in a country’s legal framework. It said that these rules can make disclosure of certain types of information mandatory, or they can create processes that citizens can use to compel the government to release specific pieces of information.

The Institute said that while the government is expected to release information proactively, one must consider if the legal framework includes rules that enable access to information.

The Institute said, “It is important to consider whether proactive disclosure is mandated, or if disclosure is only required upon request. The government should release almost all information proactively. Request systems can be a useful complement to the proactive release of data, but they should not be the primary method by which citizens can access information, as the need to go through a request process can significantly hamper access.”

It continued, “If requests are required, what are the grounds on which an institution can deny a request? How quickly are institutions required to respond? What is the process for an appeal? Are there prohibitive fees for accessing information? Does the legal framework include rules that prevent access to information?”

The Institute said that these are important questions that citizens of oil-producing nations need to address.

The Institute also noted that important places to look for these provisions include requirements in sector legislation and regulations, information laws, and provisions in contracts between the government and extractive companies.

NRGI said that where contracts are not publicly available, it can be helpful to consider model contracts to see if there is a standard clause agreed between extractive companies and the government that prevents public access to contracts.

With the aforementioned in mind, the Institute emphasized that transparency in the oil and gas sector, which is particularly notorious for being corrupt, is critical. It said relevant and timely information being easily available to all actors so that they can observe and analyze decisions made and actions performed by authorities, is an inherent right of the people.

In addition to deterring bad behaviour, the Institute articulated that transparency also helps lay foundations of trust between citizens, the private sector, and the government.

It commented that the need for transparency in the extractive industries is particularly strong, given that resource extraction and revenue management are processes that are highly technical, typically involve few people, and usually take place in locations that are physically distant from much of the public.

Furthermore, the Natural Resource Institute reminded that large sums of money are on the line. It said that in order to assess whether there is sufficient and effective transparency, citizens must consider the rules regarding access to information, how information is managed, what information is disclosed, and how it is disclosed.

While Guyana does have Access to Information Legislation, stakeholders have criticized its usefulness. They believe it is actually a deterrent to easy information access as opposed to being helpful to the process.