ExxonMobil, Govt. and EPA, disregarding human rights of Guyanese in exploitation of oil and gas – Int’l Human Rights Commission hears

Mar 01, 2024 ExxonMobil, News, Oil & Gas

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Kaieteur News – The Inter-American Commission on Human Rights (IACHR) was on Thursday told that the government of Guyana, ExxonMobil and the Environmental Protection Agency (EPA) has been violating the human rights of citizens in Guyana during the exploitation of oil and gas.

Activists, Elizabeth Hughes, Karen DeSouza, Vanda and Danuta Radzik presented arguments to the body during a virtual hearing on the ‘Impacts of private companies on human rights’ with specific focus on the “Right to a Healthy Environment, Rule of Law and Justice in Oil and Gas Industry”.

The IACHR is a principal and autonomous organ of the Organization of American States (“OAS”) whose mission is to promote and protect human rights in the American hemisphere. It is composed of seven independent members who serve in a personal capacity. Created by the OAS in 1959, the Commission has its headquarters in Washington, D.C. Together with the Inter-American Court of Human Rights (“the Court” or “the I/A Court H.R.), installed in 1979, the Commission is one of the institutions within the inter-American system for the protection of human rights (“IAHRS”).

As part of its 10 functions, the Commission receives, analyzes and investigates individual petitions in which violations of human rights are alleged to have been committed either by a Member State of the OAS that has ratified the American Convention or by one that has not.

Members of civil society in Guyana had lodged a complaint with the body on the lack of enforcement of the Constitution when it comes to the oil sector and the lack of information and consultation, and a number of other breaches to their rights.

For her part, Danuta Radzik zeroed in on the oil and gas activities and its direct impacts on communities. She argued that even though these activities and its related operations, such as hazardous waste management can directly affect the lives of citizens, the EPA has waived Environmental Impact Assessments (EIA) to thoroughly evaluate the potential danger posed.

Radzik said, “The failure to employ highly specialized and experienced petroleum, geological and environmental engineers for the EPA has resulted in a lack of expertise and capacity to protect the environment and health and well-being of Guyanese people.”

She continued, “The EPA has waived or exempted EIAs for at least 10 onshore projects including a Gas Fired Power Plant, SLB Radioactive Source Storage & Calibration Facility, GOES Waste treatment facility, Tiger Rentals waste facility, SLB’s & Haliburton’s Liquid Mud drilling plants etcetera. Of the 19 EIA’s on EPA website, there is not one for onshore oil and gas projects.”

The activist was keen to point out that Section 11 of the Environmental Protection Act outlines projects requiring EIAs which include “the extraction of natural resources or any project which may significantly affect the environment.”

Additionally, Elizabeth Hughes focused her brief presentation yesterday on the Gas-to-Energy (GTE) project being developed by the government and its energy partner, ExxonMobil.

The activist told the body, “The GTE project in the making in its current format since 2020 lacks a feasibility study for the Wales location with its 25km of onshore pipeline, and there are no updated pre or feasibility studies since the advent of COVID 19 and the Ukraine war which have skyrocketed world prices.”

She pointed out that the human rights of citizens were being breached as there has been a lack of consultation, lack of the right to free, prior and informed consent, failure to provide adequate information, lack of access to any information and non-disclosure of deals for the project.

Meanwhile, Natural Resources Minister, Vickram Bharrat and Head of the EPA, Kemraj Parsram provided statements to the Human Rights body on behalf of the state. Minister Bharrat reasoned that while there are many who hold the view that each petroleum related project must require an EIA because of the resource involved, the EPA is the competent authority to determine whether this study is necessary. He pointed out that each oil project in the Stabroek Block has been subjected to an EIA.

Bharrat also told the body that the local Court previously determined that an EIA is not mandatory but is to be determined on a case by case basis in accordance with the Environmental Protection Act.

Commissioners of the IACHR, Jose Luis Caballero, Edgar Stuardo Ralon and President Roberta Clarke participated in the hearing. They questioned the government and civil society members on the issues raised and committed to monitoring the situation in Guyana.

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• Constitution, exploitation, human rights, IACHR, oil

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