Pressure mounts on Govt. over partisan EAB

Mar 21, 2023 News

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…as ‘Article 13’, other civil society activists join call for new body

Kaieteur News – ‘Article 13’, a civil society group along with other individual activists have joined the call for President Irfaan Ali to appoint a new Environmental Assessment Board (EAB), free from conflicts of interests.

In a statement yesterday, the group that comprises of members including Attorney-at-Law, Christopher Ram, outlined that the functions of the EAB shall be to conduct public hearings into all appeals submitted to it and make recommendations to the Environmental Protection Agency (EPA).

‘Article 13’ said it is important to note that the EAB is a body which is independent of the EPA and designated to conduct public hearings into such appeals to either confirm or set aside the EPA’s decision. The EAB also serves as a review body for EIAs in order to make a recommendation on whether a project should be approved or not. After the hearing, the EAB takes all arguments into consideration, and renders a decision, the group added.

To this end, ‘Article 13’ noted, “To fulfill its remit and maintain its credibility as an oversight body, the EAB must demonstrate its independence from the EPA and from political influences. Unfortunately, these clear lines of independence are absent in Guyana’s EAB which has seen several political appointees nominated to the Board. This issue continues unabated, with the recent EAB appointments in February 2023, of Dr Mahender Sharma and Mr. Joslyn McKenzie.”

Dr Mahendar Sharma has been appointed Chairman of the EAB while he also shares the title of Chief Executive Officer of the Guyana Energy Agency (GEA), an organization charged with overseeing and promoting the development of energy projects in the country, including fossil fuel-based projects.

On the other hand, McKenzie, is the current Permanent Secretary of the Ministry of Natural Resources, which is responsible for the management of Guyana’s natural resources including mining, logging and other commercial uses.

In its missive, ‘Article 13’ said it “finds the selection of these individuals to be counter to the intent of the function of the EAB.” The body reasoned, “How can an individual, such as Dr. Sharma, switch from a role where his remit is to promote energy projects to one of watchdog challenging the very same projects from an environmental standpoint? And similarly, how can Mr. Joslyn McKenzie, who is now responsible for the development of Guyana’s natural resources, (including promoting its commercial use) be seen as independent when called to make an assessment on the need for an EIA or an EIS on the same kinds projects he is currently promoting and for the same commercial clients with whom he is currently working?”

‘Article 13’ was keen to note that as Guyana pursues the rapid development of its oil and gas resources, it must also ensure the protection of its environment to ensure sustainability.

To this end, the civil society group said, “Guyana must have an independent EAB with members selected based on clear qualifications and experience in protecting the environment not based on promoting commercial interests or based on political affiliations.”

As such, the body insisted that until the independence of the recent appointments can be demonstrated, the credibility of the Board will and validity of any of its future decisions will be questionable.

Meanwhile, environmental advocates, Danuta Radzik and Elizabeth Deane-Hughes in a separate statement to the press said they support the call for Dr. Sharma to be removed as Chairman of the EAB. The women have also called for a postponement of a public hearing, scheduled for Wednesday, where the EAB will listen to concerns by citizens who have objected to waiver of an Environmental Impact Assessment (EAI) for a 300-megawatt gas-fired power plant.

In explaining the need for the hearing to be postponed, Radzik and Deane-Hughes said, “Under Article 8.1 of the Environmental Protection Act (EP Act), the newly appointed Chair of EAB, Mr. Mahender Sharma, has a direct conflict of interest in this project since he is a longstanding Guyana Power and Light Inc. (GPL) board member – and it is on the GPL letterhead that the application with project summary was submitted to the EPA for an environmental permit to construct and operate the Wales Gas Plant. Does this mean that the Chair of the EAB will preside over a matter of which he is also the applicant?”

“Further, Ms Maria Nadir Sharma, the wife of Mr Mahender Sharma, is a prominent member of the company board which was specifically established in relation to the development of the Gas to Energy project. This situation of both the EAB Chair and his wife holding Board positions on both companies presents, in our opinion, is clear conflict of interest,” They added.

The women also pointed out that the situation is compounded by the fact that there are only three persons appointed to the EAB – all of whom are senior level public servants and employees of the government. They argued, “To be genuinely independent, the EAB must have representation on it from professional and upstanding members from the non-governmental sector who are qualified environmental professionals.”

The activists called on President Ali to establish an EAB that is not dominated by governmental employees and which includes equitable non-governmental and civil society members of high standing.

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• Attorney-at-Law, Christopher Ram, Dr. Mahender Sharma, Environmental Assessment Board (EAB), Mr. Joslyn McKenzi, President Irfaan Ali

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