Black Immigrant Daily News

With Guyana expected to auction off the remaining oil blocks offshore later this year, Vice President Bharrat Jagdeo is of the view that a local consortium of Guyanese, with backing of the necessary capital and expertise, should be allowed to participate in the process and bid for the opportunity to operate offshore.

He made this remark during a press conference on Friday last when he was asked about opportunities for Guyanese in the much-anticipated auctioning of the available oil blocks offshore. According to Jagdeo, this would be more feasible if there were to be a consortium of locals rather than just individual Guyanese bidding for the blocks.

“If we could have a big consortium of Guyanese individuals, I personally – I don’t know what the Cabinet would say – [but] I would say, let’s give them a chance to prove what they’re saying [and] how we can go about it in this sector. That they can raise the money, they can give better fiscal terms to the country and still make a lot of money… But not an individual, not individuals – unless they participate in the auction, and with some maybe backing of expertise. But individuals, it would be hard for us to do,” the Vice President stated.

Jagdeo related his position after much pressing. Initially, he posited that it would be good to have this issue debated in the public domain so Government can get the views of and feedback from stakeholders on the pros and cons before determining its position on allowing Guyanese to participate in the auction.

The Vice President outlined that there is a lot to consider in making such a decision.“Do we give people who don’t have any expertise or capital to develop these blocks because we want Guyanese to grow or do we make the criteria so exclusive that the only companies that have requisite expertise, capital, and maybe deep-sea experience which limits the group even further because very few companies have deep water exploration and capability for extraction in deep water. So, that’s a key variable,” he contended.

Nevertheless, VP Jagdeo went on to note that no matter what the decision of the Government is, there will always be criticism on whatever position it takes.

“If you include the Guyanese, people would say, ‘Oh, we’re giving people an opportunity to enrich themselves here’ because they don’t have the requisite expertise, they would only flip the blocks. And then if you don’t bring them in, you say ‘Oh, the opportunities are excluding Guyanese.’ So, it would be interesting to start a debate of that nature without taking a position on the matter,” he asserted.

Moreover, the Vice President further outlined that the Government has to also determine whether to limit the number of blocks operators have offshore, particularly, the major companies such as United States oil giant, ExxonMobil.

“The idea is not to have more concentration [of] the big players,” he stated.In this regard, Jagdeo said that Government would have to look at putting certain safeguards in place to ensure that, if there were to be a limit, then there is no way that other bidders at the upcoming auction would later flip their blocks and hand them over to those major operators.

“We must strengthen the approval process that people have to get before they can flip [the block]. So, if they were to flip to someone who is excluded from the auction, the approval process that they have to seek from the Ministry would say ‘no, you can’t do that’. So, that could be controlled at that level, or you could put [the safeguards] in the bid itself, the bid document to say you can’t do that,” the VP noted.

He further outlined, however, that Government has to also consider that persons bidding for and securing the blocks may want to flip it in the future after paying whatever dues the State is entitled to.

According to Jagdeo, “a lot of those issues have to be [ironed out] … Those are the contentious issues and often, no matter what you decide, you’d have people oppose it one way or another.”

Initially, Government was expected to hold the highly-anticipated auction in September of this year. But VP Jagdeo explained during Friday’s press conference that the process has been delayed due to ongoing efforts to iron out the terms and conditions of the new prospecting licences that would be signed with successful bidders when the available blocks go on auction.

“[We have to determine] whether we will retain the 50/50 model, that is, after preparing costs, the profit oil will be divided equally between the investor and the Government; what the royalty rate will be [and] what will be the other fiscal terms in the contract,” he stated.The Vice President noted that these details, though contentious, need to be determined very early and so Government is swiftly working on a number of pieces. He noted that the aim is to put together a framework that is fair to the investor so that they get a decent return on their capital; and that would promote accelerated exploration; while at the same time allow Guyana to enjoy a greater share of future benefits.

In addition to deciding on whether to allow existing offshore operators to participate in the auction and whether there would be a limit to the number of blocks they could have, the Guyana Government is on a strict timeline to also determine on how to divide the available areas offshore Guyana into potential blocks, and what sizes the blocks should be.

Further, a decision will also have to be made on whether to pursue a strategic Government/private partnership or put all the blocks up for auction or do a combination of both. All of these matters will have to be ironed out by the end of August, Jagdeo indicated.Earlier this year, the Vice President had disclosed that Guyana has gotten significant interest, particularly from Middle Eastern companies, to partner with the State in developing the country’s remaining blocks. India has also expressed interest in potentially participating in the auction as well.

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Black Immigrant Daily News

El representante Luis Raúl Torres manifestó en RADIO ISLA que el director ejecutivo de la Autoridad para las Alianzas Público Privadas (AAPP), Fermín Fontanés, “no vive aquí”, sino que “vive en lalalandia”.

Esto, luego de que Fontanés aseguró hoy en este medio que “LUMA está en cumplimiento del contrato”. 

Noticia relacionada: “LUMA está en cumplimiento del contrato”, asegura director ejecutivo de las AAPP 

Luis Raúl Torres insistió en que Fontanés debe renunciar a su cargo. “Fermín Fontanés es un irresponsable, inepto y negligente director de la Autoridad de las Alianzas Público Privadas que debe renunciar. ¡Debe renunciar!”, manifestó Torres. 

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Black Immigrant Daily News

Prime Minister Mia Amor Mottley is warning of more disruption to the food supply into next year as a result of droughts in North America, China and other parts of the world.

Speaking to the in-person and virtual audience attending the Agri-Investment Forum and Expo II at the Queen’s Park Savannah, Trinidad, on Friday, Mottley stressed that a reorganisation of plans beyond the medium term, is imperative.

“It, therefore, means that our plans cannot only be medium-term plans to substitute feed, which we must do, as Guyana is planning to do under the distinguished leadership of my brother, President [Dr. Irfaan] Ali by 2025, with corn and soya production being ramped up to scale,” she stated.

Guests in attendance at the Agri-Investment Forum and Expo. (PMO Barbados)

Mottley continued: “We don’t have the luxury of that. Because we have a population that is feeling the vagaries and the negative consequences of rampant inflation. But inflation is going to also reinforce the fact that the lack of access is going to be there because of these droughts.”

Given this expectation, Mottley repeated the urgency for regional farmers to grow six and twelve weeks’ crops and suggested that they also focus on rearing six-weeks’ livestock to meet the needs of the region.

“None of us can avoid the reality that our people must eat. And the reality is, that there are things that we can do and that we have done in our past to ensure survival.

And we are there again. Whether it is rabbits or chickens, whether it is fishing, whether it is new forays as we are doing in Barbados in aquaculture, we have the responsibility for urgent action today,” Mottley proffered.

Since the hosting of the Guyana forum, the Prime Minister shared that regional heads had been asked to formulate a framework for financing. She added that Barbados had worked assiduously with the financiers as well as with regional and international organisations to effect this.

“We’ve written every Minister of Agriculture asking for the projects. Some have started to come in already and they’ll be loaded on the electronic dashboard that will be available for heads to see today. Also on that dashboard will be training support from CARDI…,” Mottley underlined

Mottley also reiterated the importance of tackling the issue of air and maritime transportation, pointing out that regional heads were working on these areas, which she emphasised was a work in progress.

The Expo, which concludes on Sunday, has as its theme: Transforming Agriculture through Innovation and Investment.

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Black Immigrant Daily News

Work is continuing to finalise the Terms of Reference (ToR) for the Commission of Inquiry (CoI) into the March 2020 General and Regional elections. In fact, Attorney General and Legal Affairs Minister, Anil Nandlall said that efforts are being made to speed up the process.

In an interview with this publication, Nandlall explained that work is ongoing on the ToR that will govern the commissioners, who were named by President Dr Irfaan Ali back in June of this year.

“The formulation of the Terms of Reference of the CoI, the negotiations in relation to the terms and conditions of the members of the CoI, are all work in progress. Hopefully, we are able to resolve those preparatory, but fundamental matters early, so that the business of the commission can begin to proceed,” the AG explained.

“We are dealing with persons who are at different locations. And the terms of reference have some technicalities attached to it. And care has to be exercised in ensuring that the terms of reference are what is required and at the same time, it does not infringe on other processes currently ongoing. What I can tell you, is every effort is being made to have the process move with alacrity.”

The CoI will be chaired by Justice of Appeal (retired) Stanley John of the Turks and Caicos Islands. The other members are former Attorney General, High Court Judge, and acting Justice of Appeal in the Eastern Caribbean, Justice Godfrey P Smith, SC; former Chair and Chief Elections Commissioner of India, Dr S Y Quraishi; and former acting Chancellor of Guyana’s Judiciary, Justice Carl Singh.

Additionally, it has been noted that former Chief Election Commissioner of India, Dr Nasim Zaidi; and Ghanian Election Administrator Dr Kwadwo Afari-Gyan, who was appointed a Commonwealth Advisor to the Guyana Elections Commission (GECOM) leading up to the 2020 elections, will both serve as resource personnel to the CoI.

Each has a track record of distinguished adjudication while leading major reforms and innovation to achieve efficiency in the business of resolving disputes.

Godfrey Phillip Smith, SC, has also served as Minister of Tourism & National Emergency Management, Minister of Foreign Affairs & Foreign Trade, Attorney General & Minister of Information and Broadcasting, Chief of Staff of the Office of the Prime Minister of Belize, and a Member of the House of Representatives.

Among the numerous posts Dr Quraishi has held were: Chief Election Commissioner of India, July 2010 – June 2012, Election Commissioner of India, June 2006 – July 2010 and Secretary, Govt of India Ministry of Youth Affairs and Sports, 2005 – 2006. He is also credited for founding the India International Institute of Democracy and Election Management, from which more than 75 countries have received training within five years.

More recently, he was a member of the Board of Advisors of International IDEA (Institute of Democracy and Electoral Assistance) Stockholm for 9 years (2012-2021). Dr Quraishi was nominated to be a Global Ambassador of Democracy alongside Kofi Annan by International IDEA Stockholm in Oct 2018.

Lastly, retired Chancellor Carl Singh has held several key positions following his admission to the Bar in 1982. He fulfilled the roles of Magistrate – 1983, Land Court Judge – 1988, High Court Judge – 1995, and Court of Appeal – 2000. In 2001, Retired Chancellor (ag) Carl Singh was appointed Chief Justice, and from 2005-2017 he served as acting Chancellor of the Judiciary.

The retired Chancellor (ag) also served as the Chairman of the Advisory Council to the President of Guyana on National Honours from 2005-2017. From 2017-2019, he served as a Professor of Law and Head of the Department of Law, University of Guyana.Following a largely smooth polling day on March 2, 2020, Guyana was thrown into a tumultuous five-month political and electoral impasse after the then incumbent APNU/AFC regime attempted to steal the election.

It was found during a subsequent national recount process that former Returning Officer for Region Four (Demerara-Mahaica), Clairmont Mingo had heavily inflated the votes in favour of the coalition party.

Since the election fiasco unfolded, several persons that served within the apparatus of GECOM have already been charged with electoral fraud. These include former Chief Elections Officer (CEO) Keith Lowenfield, former Deputy CEO Roxanne Myers, former PNCR Minister Volda Lawrence, and Mingo, among others.

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Black Immigrant Daily News

Danuta and Vanda Radzik and Raphael Singh, who are residents of Houston, East Bank Demerara (EBD), have filed legal action against the Environmental Protection Agency (EPA) over the waiver of an Environmental Impact Assessment (EIA) granted to Schlumberger Guyana, one of ExxonMobil’s (Guyana) major subcontractors, which operate out of premises located at Lot 1, Area X, Houston.

Besides the EPA, these residents, hereinafter referred to as the applicants, have listed the Environmental Protection Board (EBA) and Schlumberger as respondents in the action filed on their behalf by Attorneys-at-Law Siand Dhurjon, Ronald Burch-Smith and Maylene Alleyne.

The applicants have said that, in late April 2021, they discovered that Schlumberger was proposing to construct a storage facility for radioactive substances at its current location, and that the EPA had waived the need for the company to do an EIA for the proposed project.

Contending that the project puts their health and community at significant risk, as the permit contains no provisions that regulate how Schlumberger is to ensure that the facility is safe for the storage and use of radioactive substances, they are asking the court to declare that the EPA’s decision to waive the requirement for an EIA is in breach of its statutory duty; is contrary to natural justice; is arbitrary, ultra vires and without any legal foundation; and should therefore be quashed.

Given that Houston and the immediate environs include residential areas where hundreds of people live, and the area for the facility is close to schools and places of worship, the applicants are contending that the EPA should have consulted with residents before waiving an EIA for a project of this nature.

The applicants have said that it was not until April 11, 2021 that the EPA had issued a public notice, via the press, which stated that Schlumberger had applied for an environmental authorisation. The notice which was published in the Guyana Chronicle, they added, further stated: “It has been determined that the proposed project will not significantly affect the environment or human health, and is therefore exempt from the requirement for an Environmental Impact Assessment.”

The notice also said the public could appeal against the EPA’s decision within 30 days.“The notice was vague and deficient in detail, and omitted significant relevant details about the nature and scope of the proposed facility. The project summary was effectively concealed from the public, and not made readily available to persons who may have concerns,” the applicants have deposed.

In protesting the EPA’s decisions, the applicants are questioning the basis on which it concluded that an impact study was not required for the project.

The residents’ primary argument is that radioactive materials should not be used and/or be located close to neighbourhoods, schools, a main highway, or the Demerara River. Relying on Section 11 of the Environmental Protection Act, the applicants have pointed out that an impact assessment is required for any project that may significantly affect the environment, and that such an assessment should be publicised, and that members of the public should be consulted.

The applicants have submitted that the EAB has refused to consider their appeal against the decision to waive the EIA, and has provided legalistic and inadequate reasons for its decision. While grilling the EPA’s decision, they said, the EPA informed them that it had used a screening tool it had developed, but it has refused to disclose the form and content of this tool, or how it had been applied.

According to these applicants, the EPA has a “track record” of unreasonable and irrational actions regarding applications for EIA relating to the oil and gas industry. The applicants complain that the EPA lacks resources, and has no interest in regulating radioactive facilities according to international best practices. This, they noted, is critical, given the absence of an adequate national regulatory framework that specifically deals with industrial radioactive sources. They add that the project is part of the unlawful industrialisation of Houston and its environs.

In the circumstances, they contend that EPA has a statutory duty to require an EIA for any activity which may cause an adverse effect on the natural environment.

The EIA process, the applicants highlighted, is outlined in the Environmental Protection Act and the Constitution of Guyana, which guarantees environmental rights and democracy, specifically Article 149 (J) of the Constitution, which establishes that “everyone has the right to an environment that is not harmful to his or her health or wellbeing.”

Since the facility has already been constructed, the applicants have been granted permission to amend their action to target the operation of the facility being used for the storage of radioactive materials. High Court Judge Nareshwar Harnanan will rule on the case on September 23.

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