Rigged!!! - Environment and Democracy advocate appeals to President to withdraw new EAB members

Rigged!!! – Environment and Democracy advocate appeals to President to withdraw new EAB members

Mar 20, 2023 News

Kaieteur News – With only one day left before the Environmental Assessment Board (EAB) hosts a special hearing into the appeals made by citizens, regarding a decision made by the Environmental Protection Agency (EPA) to exempt a 300 megawatt gas-fired power plant from a detailed impact assessment, Environment and Democracy advocate, Simone Mangal-Joly has appealed to the President to rescind the appointments of the new Board.

Chairman of the EAB, Dr. Mahendar Sharma

In an open letter to the Head-of-State, published in this newspaper on Sunday, Mangal-Joly, in a second correspondence to the President on the issue, equated the decision to appoint the new EAB members to the attempt made by the former administration to rig the 2020 elections.

She said, “As a citizen of this country who has spent a significant amount of my adult life monitoring elections as part of our struggle to build a democratic society, I must say that your government’s actions on this matter to date brings back chilling memories of what many in our nation, including yourself and members of your Party, would recount as the A partnership for National Unity’s (APNU) attempt to capture the Guyana Elections Commission (GECOM) through the installation of Justice Patterson as Chairman, and subsequent efforts to rig the results of the 2020 National and Regional Elections. Even though the scope and scale are different, your government’s actions, with respect to the EAB, appear to be a similar assault on a legal instrument of democracy; in this case, participatory democracy.”

She was referring to the appointment of Dr. Mahendar Sharma, Head of the Guyana Energy Agency (GEA) being approved by Cabinet to act as Chairman of the EAB. Dr. Sharma is also a Director of the Guyana Power and Light (GPL) Inc. – a party to the application made for the 300 megawatt gas-fired power plant- and spouse of Mrs. Nadir Sharma, Director of the Guyana Power and Gas Incorporated, the agency that has applied for an environmental permit.

Permanent Secretary, Ministry of Natural Resources, Joslyn McKenzie

Environmental Protection Act in Section 18 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.

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

It is apposite to note that while McKenzie functions as the Permanent Secretary for the Ministry of Natural Resources, 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.”

Chief Hydrometeorological Officer, Dr. Garvin Cummings

In her most recent letter to the President, she not only explained her concerns regarding the waiver of the EIA for the power plant, but also appealed for a new EAB to be appointed.

She said, “As one of the concerned citizens of this nation, I write to you, as Minister in charge of the Environment, to address the lack of a credible Environmental Assessment Board (EAB). I also feel compelled to submit my objections to the Environmental Protection Agency’s waiver of an EIA for the Gas to Energy Project’s 300 MW Power Plant directly to the Office of the President given that a credible EAB has not been in place since the EPA issued the Public Notice of the EIA waiver on January 7, 2023 – for the record and until a credible EAB is constituted. This submission will be made under separate cover.”

The environment and democracy advocate went on to reason that despite requests made for the President’s attention on the subject of independence of this Board, he still appointed members directly employed by the state, two of whom have indisputable “direct” and “indirect” conflicts of interest.

“This is prohibited under the Environmental Protection Act (EPAct): Third Schedule, Environmental Assessment Board, which states plainly that: “Any member of the Board who has any interest directly or indirectly, in any matter before the Board – (a) Shall disclose the nature of his interest to the Board, and (b) shall not take part in any deliberation or decisions of the Board with respect to that matter.” Despite public complaint, rather than disclosing their conflicts of interest and recusing themselves, the newly appointed members of the EAB have proceeded with scheduling the Public Hearing for the EPA’s waiver Gas to Energy Project’s 300 MW Power Plant on March 22, 2023,” she argued.

Mangal-Joly was keen to note that the EAB has also reversed the use of the Zoom platform, thereby disallowing the participation of and silencing Guyanese citizens who live abroad, and even citizens from communities across the miles of the country.

To this end, the advocate explained, “I am appealing to you to desist from this path not only for the obvious reasons of rule of law, democratic governance, and credibility of your own Government, but also because fair and thorough environmental assessments are crucial for safeguarding our health and natural resources and identifying and mitigating risks to development projects.”

She added, “It is your duty, and I hope it will be your pride, as President and Minister responsible for the Environment to see that all public institutions and bodies tasked with responsibilities under the Environmental Protection Act operate in a lawful, fair, competent, and inclusive manner. Therefore, I implore you to void the current appointments and instead appoint an EAB free from conflicts of interests, one with adequate non-governmental representation, experts with proven track record in environmental protection and management, and gender balance.”