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MP calls for repeal of Petroleum Activities Act
…says law disregards Free Prior Informed Consent of Amerindians for oil and gas activities
Kaieteur News – Member of the Guyana Action Party (GAP), Vincent Henry has called for a repeal of the Petroleum Activities Act, passed in the National Assembly only five months ago.
Opposition MP, Vincent Henry
The legislation, according to Henry disregards the right of Indigenous citizens to free prior informed consent for oil and gas activities that may affect their communities.
The Member of Parliament (MP) made this comment during Day Two of Budget 2024 Debates in the National Assembly.
While raising his concerns on the rights of Indigenous Peoples, he said, “I wish to bring to the nation and all Indigenous Peoples that the Petroleum Activities Bill recently passed by the PPP’s slim majority in Parliament gives the Minister of Natural Resources and by extension, the PPP, supreme powers to identify areas for petroleum exploration, negotiate and allow such exploration and production in any part of Guyana.”
He continued, “This act disregards any Free Prior Informed Consent by affected communities. This act strikes against the fundamental rights of the Indigenous peoples of Guyana.”
Henry urged that the Act be repealed as he went on in his presentation to address the revision of the Amerindian Act.
The MP pointed out that while monies have been allocated for the review to be conducted, little has been done to see its completion. He said, “As per normal, the Ministry of Amerindian Affairs feels that only they should manage the process and do so without the involvement of key Indigenous groups.”
Still on the point of Indigenous rights in the mining sector, the Opposition Parliamentarian said the original owners of the land have been left off of the Protected Areas Commission. Henry contends that this constitutes a glaring deficiency in the management of the body.
“Mr. Speaker, there is no Indigenous Peoples’ representative on the management board of the Protected Areas Commission. If this injustice cannot be corrected by this installed government then the next Coalition Government will correct this on behalf of the Indigenous Peoples of Guyana,” Henry stated in the National Assembly.
The Minister of Natural Resources under the legislation has significant authority over a spectrum of activities related to petroleum — from exploration and production to transportation and storage, encompassing even the geological storage of carbon dioxide.
During the debate in the National Assembly in August last year before the law was passed, subject Minister Vickram Bharrat acknowledged the powers granted to him.
He said, “The Bill gives the minister the power to grant geological and geophysical survey permits such as those that would be needed for the Gas-to-Energy Project.” He lauded the Bill as being a comprehensive document that touches on several aspects of the growing industry.
The law says the minister shall be empowered to administer the licensing of petroleum exploration, production, storage and transportation operations; cooperate with the relevant government agencies regarding environmental and safety aspects of petroleum operations; and oversee the conduct of petroleum operations to ensure compliance with the new law, and the terms of the respective licences and petroleum agreements.
The minister is also empowered to inspect petroleum operations, seek corrective action, and impose sanctions for non-compliance, develop terms of reference and qualification criteria for the grant of exploration and production rights, and grant geological storage licences for natural gas and long-term storage of carbon dioxide.
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