Commonwealth Lawyers  urge Pres. Ali not to sign Oil Spill Bill

May 30, 2025 News

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…says opaque legislative process contrary to good governance, violation of the rule of law

…cite lack of int’l and local consultations

Kaieteur News- As the Oil Pollution Prevention Preparedness Response and Responsibility Bill continues to attract criticism for failing to meet international commitments, the Commonwealth Lawyers Association (CLA) has joined in calling on President Irfaan Ali to withhold assent to the proposed legislation.

On Thursday, the body, a non-profit organisation which exists to promote and maintain the rule of law throughout the Commonwealth, flagged numerous concerns with the Bill, passed in Guyana’s Parliament on May 16, 2025.

The Association explained, “The Oil Pollution Bill has been criticised as unconstitutional, contrary to Guyana’s international legal commitments and an attempt to reverse the impact of judicial rulings. These are serious criticisms which, as a matter of good governance based on the rule of law, ought to be addressed before any exercise of the President’s assent.”

With elections scheduled to be held on September 1, the President is expected to issue a Proclamation dissolving Parliament. The Commonwealth Lawyers Association therefore pointed out that this presents an opportunity to ensure good governance by withholding assent to the Bill and leaving these issues for the new Parliament to address “through a proper democratic process consistent with international standards including public participation.”

Consultation

The organization was keen to note that the Commonwealth (Latimer House) Principles on the Three Branches of Government provide at Article VIII that: “In order to enhance the effectiveness of law making as an essential element of the good governance agenda: There should be adequate parliamentary examination of proposed legislation; Where appropriate, opportunity should be given for public input into the legislative process;”

To this end, CLA raised concerns over the fact that although the Bill has serious national and international implications, it was passed in less than three weeks of its first reading on 28 April 2025. “There was no opportunity for public input from experts. Further, the business sector who could be significantly affected by an oil spill were also not consulted. Critically, coastal communities in Guyana, including Amerindian communities, were not given an opportunity to raise their concerns and make recommendations to protect their livelihoods and their cultural, spiritual and physical dependence on the marine environment,” the body said.

It therefore made it clear that this opaque legislative process is contrary to good governance and to Article VIII. It is also violative of the rule of law, according to the Association.

The body pointed out that public participation in decision-making processes has evolved into a principle of public international law since it was enshrined in Principle 10 of the 1992 Rio Declaration. It reminded that is reinforced by the Escazu Agreement to which Guyana is a party.  An objective of this Agreement is to guarantee public participation in environmental decision-making process in order to contribute to the protection of the right of every person of present and future generations to live in a healthy environment and to sustainable development.

International obligations

Moreover , CLA noted that Article 197 of the United Nations Convention on the Law of the Sea (UNCLOS) requires Guyana to cooperate on a regional basis with other states and competent international organisations to formulate rules, standards and recommended practices and procedures to protect and preserve the marine environment, taking into account characteristic regional features. This is reflected in the Revised Treaty of Chaguaramas  which requires the Caribbean Community (CARICOM) and its member states to collaborate in “safeguarding their marine environment from pollutants and hazardous wastes.”

As such, the Association called on Guyana to develop its oil spill response law and systems in cooperation with CARICOM and the Caribbean States.

Transboundary impact

With Guyana’s oil and gas operations posing transboundary impacts, as confirmed by maps produced by ExxonMobil, the country is obligated by international law to ensure its laws are enforced to avoid significant harm to the environment.

ExxonMobil Guyana Limited (EMGL), the subsidiary of ExxonMobil Corporation in environmental studies showed that oil from its operations could foul the Caribbean Sea and the territories of Caribbean states all the way up to Jamaica, affecting shipping, tourism and fisheries.

“In this regard, the CLA notes the decision of Collins and Whyte v EPA and ExxonMobil Guyana Ltd where Justice Kissoon stated that Guyana’s Environmental Protection Agency had “relegated itself to a state of laxity of enforcement and condonation compounded by a grave lack of vigilance” thereby putting Guyana and its people “in grave potential danger of calamitous disaster”. Such conduct on the part of the Agency puts Guyana in breach of its due diligence obligations and endangers the marine environment, economies and livelihoods of sovereign states in the Caribbean.”

In light of these issues, the Association called on President Ali to withhold assent to the Oil Pollution Bill. It said this would allow the next elected Parliament after a due election process, to consider the issues the Government by its international obligations is required to consider; and to ensure that in its process of decision making the Government of Guyana adheres to international standards.

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• Commonwealth Lawyers Association, Consultation, oil spill bill, withhold assent

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