Non-nationals on MV Barima COI does not mean independent process – TIGI

Jul 28, 2026 News

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…calls for suspension of commission, consultation with opposition, agreement on scope and COI members

(Kaieteur News) – Transparency Institute Guyana Inc (TIGI) has cast aside the assurances by President Irfaan Ali that an “independent” Commission of Inquiry (COI) will be conducted into the fatal capsizing of the MV Barima vessel on July 18.

In a lengthy statement to the media on Monday morning, the transparency body made its position clear, “the appointment of non-Guyanese commissioners is not the same thing as an independent process. The Commission was constituted without consultation. Neither the parliamentary opposition, nor the National Toshaos Council, nor the affected communities of Region One, nor civil society were consulted on the composition of this body.”

As such TIGI said this commission does not enjoy its confidence. On Sunday, President Ali announced a five-member commission, comprising international experts, to investigate the circumstances that led to the capsizing of the vessel and related actitivities, including search and rescue operations.

The joint opposition, including We Invest in Nationhood (WIN), the Forward Guyana Movement (FGM), the Alliance For Change (AFC), and the Vigilant Political Action Committee (VPAC), all raised concerns about the lack of consultation on the appointment of the commission members. The parties said, “A tragedy of this magnitude demands a process that inspires confidence across the political and social spectrum. Inclusive consultation would have strengthened the credibility and legitimacy of the inquiry from its inception.”

For its part, the non-governmental organisation (NGO) stated that Article 13 of the Constitution establishes inclusionary democracy as a principal objective of Guyana’s political system, and provides for the increasing involvement of citizens in the decisions that affect their well-being. It added, “The Caribbean Court of Justice has held that the obligation to consult is to be understood broadly. The president’s discretion to appoint under the ommissions of Inquiry Act is not in dispute. What is in dispute is whether that discretion may be exercised without the consultation our Constitution contemplates, on a matter of this gravity, affecting a State-operated service in which seventy-three citizens died.”

Furthermore, the watchdog body explained that the MV Barima vessel was owned and operated by the state and fell under a ministry whose leadership remains in place. The body was adamant that the matter is not one related to “government” but of the “state” pointing out that the resources belong to the people of Guyana. As such, the body argued that any investigation to be conducted cannot be constituted by the state alone, if it is to command public confidence.

Additionally, TIGI noted that the Terms of Reference (TOR) for the COI have not been published, while there has been no commitment from government that the commission’s full report will be released. It was keen to note Guyanese have never seen previous reports for COIs conducted.

Given these concerns, the body said, “TIGI therefore does not at this time have confidence in the Commission as constituted. We say this without prejudice to the individual commissioners, whose professional standing is not the subject of this statement. Our objection is to a process that excluded the people most affected from any part in constituting the body that will judge what happened to them.”

On Saturday, TIGI said it held a virtual national consultation attended by dozens including indigenous and community organisations, faith leaders across the Hindu, Christian and Islamic communities, the trade union movement, disaster management and maritime professionals, the press, academics at home and in the diaspora, and citizens who have lost family in this disaster.

It said the transparency body along with other organizations that joined that meeting will assess the commission for making: (1) the TOR public in parliament and instruments of appointment for commission members; (2) a declaration of interest by each commissioner indicating any commercial, professional, institutional, familial or financial connection to the Government of Guyana, to any State agency or official, to the maritime sector in Guyana, or to any party with an interest in the outcome; (3) guarantee publication of the full report; (4) Separate the safety investigation from the criminal process and (5) name who owns the recommendations, and by when to ensure recommendations are implemented by responsible officers.

To allow for a more credible process, TIGI recommended, “the president to suspend the commencement of the Commission’s work and to convene, within seven days, a consultation with the leader of the opposition, the National Toshaos Council, representatives of the affected communities and civil society, for the purpose of agreeing the composition of the commission and its Terms of Reference.”

It suggested too that technical members be drawn from established marine casualty investigation bodies of long standing, such as the United Kingdom’s Marine Accident Investigation Branch, the Transportation Safety Board of Canada, or the Australian Transport Safety Bureau, whose investigators are career accident specialists, subject to institutional discipline, and demonstrably without connection to any party with an interest in the outcome. Technical cooperation may be sought from the International Maritime Organization in support of that work.

In the meantime, TIGI urged that families must not be forced into “signing away their rights” as a compensation framework should be published with defined amounts and timelines.

Additionally, the group insisted, “The orphaned children need a plan, not sympathy. Guardianship, schooling continuity and long-term care must be arranged now, with a named point of contact for each affected family and public reporting at six and twelve months. In the short term, those families who have lost their foodstuffs and other supplies should be helped with replacements.”

Moreover, TIGI said the journey to Port Kaituma must be made safe or suspended as it called for government to clearly indicate a startup date for the new vessel purchased to ply this route.

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• COI, Independent, MV Barima, President Irfaan Ali, TIGI

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