Latest update November 14th, 2024 12:12 AM
Jan 21, 2024 News
Kaieteur News – The Government of Guyana (GoG) has reappointed the immediate past president of the Environmental Assessment Board and members to serve for another year.
According to a Gazetted Order, dated December 29, 2023, Head of the Guyana Energy Agency (GEA), Dr. Mahendar Sharma will chair the Board, while Permanent Secretary of the Ministry of Natural Resources, Mr. Joslyn McKenzie and Chief Hydrometeorological Officer, Dr. Garvin Cummings will serve again as Board members.
The Government Notice stated that Cabinet has approved the Board of Directors for a period of one year with effect from January 1, 2024 to December 31, 2024.
This Board is a mandatory body, required by the Environmental Protection Act in Section 18. It tasks the members of this board with the responsibility of conducting hearings into all appeals made by the public, regarding Environmental Impact Assessments (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 Environmental Protection Agency (EPA) 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.
During their previous tenure, Environmental rights activist, Simone Mangal-Joly flagged what she described as a conflict of interest in the appointments with the country’s Head of State, Dr. Irfaan Ali.
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 Board now lacks in its entirety any members with expertise in environmental protection, coupled with the fact that it is built with government representatives.
She reasoned that 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.
Mangal-Joly highlighted that 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 Director of the Guyana Power and Light Inc. (GPL); meanwhile, Mr. McKenzie’s Ministry has chief responsibility for promoting petroleum development.
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.
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.
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.”
Nov 14, 2024
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