Jagdeo is floating when it comes to FPIC

Apr 22, 2023 Features / Columnists, Peeping Tom

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Kaieteur News – Judging from the comments he made at his most recent press conference, last Thursday, Bharrat Jagdeo has a superficial understanding of the relationship between Free Prior and Informed Consent (FPIC) and the REDD+ initiative under which Guyana is hoping to benefit from the sale of carbon credits.

If Jagdeo would take the time to familiarize himself with this important concept of international environmental law, he would not be so flippant in dismissing the concerns of the Amerindian Peoples Association (APA). In fact, if he was better informed, he would recognize that the APA’s challenge poses a threat to the deal Guyana recently signed with HESS for the purchase of carbon credits over the next ten years. These payments are expected to average US$74M per annum, a not insignificant sum.

The APA has written to the organization responsible for certifying these credits, indicating that there was no FPIC with Amerindians prior to the signing of the agreement. Jagdeo accuses the APA of trying to scuttle the deal and his office has issued a statement arguing that there was broad-based engagement over the Low Carbon Development Strategy (LCDS).

Even though the sale of carbon credits is touted as one of the main policies which the PPPC government will pursue under the LCDS, consultations over the LCDS cannot substitute for an FPIC process for the forest carbon agreement into which the government has entered with HESS.

Consent has to be specific to any REDD+ project.  So even if the LCDS received consent, this does not abrogate the right of the government and HESS to seek the consent of the Amerindian people for the agreement relating to the sale of the carbon credits.

Jagdeo and his government may also be confusing consultations with consent. And he may also be deluding himself into believing that consultations on the LCDS constitute consent in relation to carbon credit arrangements.

Consultations may be a means through which consent can be obtained but consultations, broad-based or otherwise, about the LCDS, do not constitute the right to assume consent in relation to the carbon credits deal with HESS.

Jagdeo also misrepresents the intention of the APA in filing the complaint. He says that the complaint is aimed at stopping monies going to the Amerindian people. But this is not so at all. The complaint is about the absence of FPIC in terms of the deal which the government signed for carbon credits. It is about the right to FPIC.

Jagdeo also went on to question if the APA got the consent of the Amerindian people before it filed its complaint, contending that it appears that in so far as the APA is concerned, consent is only for the government and not for them. This statement shows the flippancy with which the Vice President treats with FPIC, a position which may spring from ignorance of the principle.

Jagdeo therefore needs to enlighten himself about the FPIC. Guyana ought to have known that before it rushed ahead with its carbon credit deals, it was required to develop appropriate mechanism for consent, especially where this involved propriety and customary land rights of the country’s indigenous peoples.

Jagdeo needs to disabuse himself of the idea that somehow his government can offer carbon credits for sale without FPIC from Guyana’s indigenous people. Guyana’s indigenous peoples are entitled to give their consent for any project which impacts the lands territories and resources on which they depend for the cultural, spiritual and physical existence.

Amerindians depend on the forests for the food, medicine, housing, water and incomes including from forest-based products. As such in relation any plans which have the potential to affect their livelihoods and well-being – and this include forest carbon initiatives – the indigenous peoples must give their consent.

It is indisputable that the carbon credits agreement with HESS will place limits on deforestation, nationally. This means that limits to deforestation will also apply to titled lands which are owned by indigenous peoples and communities. As such, it is only natural that FPIC takes place in relation to the limits to be imposed on the country’s forests.

Consultations do not approximate to consent. The government may contend that such consent was had through the LCDS. But the government is yet to make known what are the formal mechanisms for such consent, bearing in mind the APA’s contention that under the Amerindian Act it is the communities themselves which are required to give consent. This however may be impractical for any government.

Regardless, however, when it comes to commercial agreements for the sale of carbon credits, FPIC is required for the general framework for the agreement and for benefits-sharing. But don’t dare mention this to Jagdeo, before he throws another tantrum.

(The views expressed in this article are those of the author and do not necessarily reflect the opinions and beliefs of this newspaper and its affiliates.)

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• Bharrat Jagdeo, carbon, Free Prior and Informed Consent (FPIC), Guyana, Peeping Tom

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