Use comprehensive Environmental Protection Act instead of highly defective Oil Spill Bill

The Oil and Gas Governance Network (OGGN) supports the broad spread of objections to the highly defective Oil Pollution Prevention, Preparedness, Response and Responsibility Bill, passed narrowly by the National Assembly of Guyana on 16 May 2025, but not yet given Presidential assent. This broad spread includes at least the following protests published in the daily independent newspapers Kaieteur News and Stabroek News: 

Before the parliamentary session –

13 April, Kaieteur News, editorial ‘From ExxonMobil’s own mouth’, https://www.kaieteurnewsonline.com/2025/04/13/from-exxonmobils-own-mouth/

24 April, Kaieteur News, article ‘Oil spill bill for Parliament Monday’, https://www.kaieteurnewsonline.com/2025/04/24/oil-spill-bill-for-parliament-monday/

26 April, Stabroek News, article ‘AFC ponders if oil spill bill is a political gimmick ahead of elections’, https://www.stabroeknews.com/2025/04/26/news/guyana/afc-ponders-if-oil-spill-bill-is-a-political-gimmick-ahead-of-elections/

After the parliamentary session  – at least 14 articles, and a statement from the Commonwealth Lawyers Association.

29 April, Kaieteur News, article ‘Govt retreats from fight against unlimited oil spill liability so must withdraw court appeal’, https://www.kaieteurnewsonline.com/2025/04/29/govt-retreats-from-fight-against-unlimited-oil-spill-liability-so-must-withdraw-court-appeal/

Ram, C. (2025, May 16). Undoing Sandil Kissoon. Every Man, Woman and Child in Guyana Must Become Oil-Minded – Column 155. Stabroek News, https://www.stabroeknews.com/2025/05/16/features/the-road-to-first-oil/undoing-sandil-kissoon/

17 May, Kaieteur News, article ‘Gov’t passes law protecting parent companies from paying for oil spill’, https://www.kaieteurnewsonline.com/2025/05/17/govt-passes-law-protecting-parent-companies-from-paying-for-oil-spill/

19 May, Kaieteur News, article ‘Troubling flaws in oil spill law’, https://www.kaieteurnewsonline.com/2025/05/19/troubling-flaws-in-oil-spill-law/

20 May, Kaieteur News, article ‘Don’t sign that Bill’, https://www.kaieteurnewsonline.com/2025/05/20/dont-sign-that-bill/

21 May, Kaieteur News, article ‘Oil Spill law cancels High Court’s decision for unlimited protection – Dr. Adams’, https://www.kaieteurnewsonline.com/2025/05/21/oil-spill-law-cancels-high-courts-decision-for-unlimited-protection-dr-adams/

21 May, Kaieteur News, article ‘Oil Spill Bill scam to deceive and cancel Judge Kissoon’s Decision’, https://www.kaieteurnewsonline.com/2025/05/21/oil-spill-bill-scam-to-deceive-and-cancel-judge-kissoons-decision/

22 May, Department of Public Information article, ‘New oil spill legislation allows for more companies to be held responsible – GS Jagdeo’, https://dpi.gov.gy/new-oil-spill-legislation-allows-for-more-companies-to-be-held-responsible-gs-jagdeo/

23 May, Kaieteur News article ‘VP Jagdeo defends controversial Oil Spill Law with no unlimited parent CO. guarantee’, https://www.kaieteurnewsonline.com/2025/05/23/vp-jagdeo-defends-controversial-oil-spill-law-with-no-unlimited-parent-co-guarantee/

Ram, C. (2025, May 23). The Oil Spill Bill – Unfit for presidential assent. Stabroek News,. https://www.stabroeknews.com/2025/05/23/features/the-road-to-first-oil/the-oil-spill-bill-unfit-for-presidential-assent/

24 May, Kaieteur News article ‘VP Jagdeo praises Oil Spill Bill for holding transportation vessels accountable as ExxonMobil gets free pass’, https://www.kaieteurnewsonline.com/2025/05/24/vp-jagdeo-praises-oil-spill-bill-for-holding-transportation-vessels-accountable-as-exxonmobil-gets-free-pass/

24 May, Kaieteur News article ‘Presidential consent to Oil Spill Bill would have dire economic consequences to Guyana – Dr. Adams’, https://www.kaieteurnewsonline.com/2025/05/24/presidential-consent-to-oil-spill-bill-would-have-dire-economic-consequences-to-guyana-dr-adams/

24 May, Kaieteur News feature column, Peeping Tom ‘A ledger of loopholes’, https://www.kaieteurnewsonline.com/2025/05/24/a-ledger-of-loopholes/

25 May, Stabroek News article ‘AG’s Chambers rejects criticism of oil spill prevention bill’, https://www.stabroeknews.com/2025/05/25/news/guyana/ags-chambers-rejects-criticism-of-oil-spill-prevention-bill/

OGGN members had also made analyses of the Oil Spill Bill in mid-May, clause by clause, and had noted the same catalogue of conceptual and legal defects in this Bill. 

It is of course helpful to beleaguered protesters in Guyana to have the support of the Commonwealth Lawyers Association also on 29 May 2025 against this defective legislation, https://www.commonwealthlawyers.com/wp-content/uploads/2025/05/CLA-Statement_Guyanas-oil-pollution-prepardness-bill_final.pdf?utm_medium=email&utm_campaign=CLA%20Statement%20on%20Guyanas%20Oil%20Pollution%20Prevention%20Preparedness%20Response%20and%20Responsibility%20Bill&utm_content=CLA%20Statement%20on%20Guyanas%20Oil%20Pollution%20Prevention%20Preparedness%20Response%20and%20Responsibility%20Bill+CID_ab74e63cad20fb9771d826788d7f14ad&utm_source=ThinkMailer&utm_term=View%20full%20statement%20here

In line with its customary practice, the government used its Parliamentary majority to rush the Bill through its second and third hearings. This legislation has dire implications for our nation – its avoidance of any mention of parent company guarantee removes responsibility from Exxon and other oil companies, and saddles already-oppressed Guyanese with potentially monumental clean-up costs from any oil spill, nationally and regionally. Surely, such an important Bill should by default go to the select committee on Natural Resources of the National Assembly to gain bipartisan support? However, according to the website of the National Assembly today, that Committee was last active in September 2020 (https://parliament.gov.gy/ ).

What is not clear is why such a Bill – even if re-written to address the critical comments – is needed anyway for Guyana, as opposed to the obvious benefits to oil companies?  Surely, Guyana should be able to rely on the sweeping scope of the Environmental Protection Act (cap. 20-05 1996, revised 2005) and Guyana’s ratification of the United Nations Convention on the Law of the Sea (UNCLOS), ratified on 16 November 1993? 

Yours faithfully,

Janette Bulkan

Andre Brandli

Kenrick Hunte

Darshanand Khusial

Joe Persaud

On behalf of OGGN (www.oggn.org )

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