Govt. appoints ‘energy pushers’ on Environmental Assessment Board

Mar 13, 2023 News

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…Mangal-Joly urges President Ali to reconsider appointees

Kaieteur News – Environmental activist, Simone Mangal-Joly has written to President Irfaan Ali, asking that the Head of State reconsiders the appointed members of the Environmental Assessment Board (EAB).

This Board is a mandatory body, required by the Environmental Protection Act in Section 18. According to the legislation at Section 18 (1) “There is hereby established an Environmental Assessment Board, and the Third Schedule shall have effect as to the constitution of the Board and otherwise in relation thereto.”

It tasks the members of this board with the responsibility of conducting hearings into all appeals made by the public, regarding EIAs and Environmental Impact Statements (EIS). It also says the Board may recommend whether an EIA should be rejected, amended, or accepted, whether a Permit should be issued by the Agency and what terms and conditions should be included in the Permit.

In summary, this Board plays a critical role in approving projects that may impact the environment. Government projects are also subjected to the scrutiny of this process.

Be that as it may, the Government of Guyana on February 10, 2023 via the Official Gazette published a Cabinet decision to appoint Dr. Mahendar Sharma as Chairman of the EAB and Dr. Garvin Cummings and Mr. Joslyn McKenzie as members of the Board.

The Government Notice revealed that Cabinet considered the Memorandum presented by Minister of Parliamentary Affairs and Governance, Gail Teixeira and approved the appointment of the EAB members for a period of one year, with effect from January 1, 2023 to December 31, 2023.

It is apposite to note that Dr. Sharma heads the Guyana Energy Agency (GEA), while McKenzie functions as the Permanent Secretary for the Ministry of Natural Resources. Finally, Dr. Cummings is the Chief Hydrometeorological Officer (CHO).

Given the individual functions of the appointed members in their respective state-owned entities, Mangal-Joly told President Ali in a letter dated March, 10, 2023, “It is disappointing that rather than address the issues of conflicts of interest with government duties, you have doubled down and appointed a board with two of three members having direct conflicts of interest with their government duties.”

She went further to note that this decision is in fact a step backwards as the newly appointed EAB now lacks in its entirety any members with expertise in environmental protection, coupled with the fact that it is built with government representatives.

Mangal-Joly told the President, “As you are aware, since the advent of oil production in Guyana, most of the matters brought before the EAB have had to do with projects directly related to areas within Dr. Sharma’s and Mr. McKenzie’s remit. Dr. Sharma…is charged with overseeing the development of all types of energy projects in Guyana, including fossil fuel-based projects. He was previously Chairman and is currently a Director of the Guyana Power and Light Inc. (GPL). Mr. McKenzie is the Permanent Secretary of the Ministry of Natural Resources – with this Ministry having chief responsibility for promoting petroleum development and the publicly funded USD 2 billion plus Gas to Energy project.”

She was keen to note that while these individuals are no doubt competent; their employment situation and government duties result in a glaring lack of separation of powers and present a high probability of conflict of interest in matters that come before the EAB.

“This, in fact, is the situation unfolding in the matter of objections to the Environmental Protection Agency’s (EPA) decision to waive an Environmental Impact Assessment (EIA) for the 300MW Natural Gas Power Plant Project, which is an essential part of the Gas to Energy Project,” the environmentalist pointed out.

In pointing out what she believes is a flawed decision, Mangal-Joly explained that the Guyana Power and Gas Inc. submitted an application to the EPA for the 300 megawatt power plant that will utilize gas to generate electricity for the national grid. Project documents reveal that the Guyana Power and Gas Inc will be the largest supplier of energy to GPL.

Mangal-Joly also flagged that Dr. Mahender Sharma’s wife, Mrs. Nadir-Sharma, is a Director of the Guyana Power and Gas Inc.

As such, she queried, “Here you have two of the project proponents who are duty bound to promote the project, one who is director of an agency directly involved in the application, presiding over the appeals process for the power plant. How can the EAB provide a fair hearing when two of its three members are in compromising situations? Even if Dr. Sharma and Mr. McKenzie were to recuse themselves, which they clearly have not done to date, how could the remaining EAB member, Dr. Garvin Cummings, also a government employee, serve as sole adjudicator?”

The environmentalist argued that the EAB is an appeals body that has a legal duty to be impartial in its consideration of matters. “The Environmental Protection Act mandates that members must be unencumbered by conflicting loyalties and duties. Without this there can be no public trust and confidence in the impartiality of the body or transparency and accountability in the decision-making process,” she urged.

In addition, the environmentalist said lack of trust in the fairness of the EAB’s decisions can also feed conflicts and lead to lack of stability and predictability in the country’s environmental management system. This can not only adversely affect public interest but also investor interest, as companies can be exposed to legal and stakeholder risks, she noted.

The environmental advocate explained to the President in her letter, “Your decision to appoint members with conflicts of interest to the EAB and to exclude non-governmental and suitably qualified environmental professionals sends a message to citizens and potential investors that the government is not committed to good governance and protecting the environment, and instead may prioritize business and special interests over public health and safety.  You have missed an instance for positive development into a nation where government acts with propriety to fulfill its duty to protect the public interest and create a stable and predictable investment climate for businesses.”

She therefore said, “I urge you to reconsider your decision and appoint government and non-government members to the EAB who are free from conflicts of interest and have proven qualifications and commitment to sound environmental management. This will help create a stable and predictable context for investors, protect the public interest, and enhance the government’s reputation for good governance.”

 

 

 

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• appointees, EAB, energy, Environmentalist, Mangal-Joly

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