Petition lodged with Parliament for deferral of debate on Natural Resource Fund Bill

A petition has been tendered to Parliament by Policy Forum Guyana (PFG) calling for a deferral of debate on the Natural Resources Fund Bill until citizens can consider it.

A release from PFG, a civil society group that addresses electoral, financial and environmental accountability, said that it had submitted the petition to Parliament on December 16 , the same day that the government tabled a new bill which is intended to replace the Act currently in place.

The petition said that the pause in debate is necessary for the government to fully engage with both the opposition and civil society on the new bill with the Natural Resources Sector Committee of Parliament available to facilitate such a process.

The release, issued on December 17, said that the National Assembly should ensure that the key natural resources of the country, on which the future sustainable development of Guyana hinges, are managed as required by Article 36 of the Constitution so as to maximize the net social benefit.

The petition said that though the intention of the current ruling Party to amend the Natural Resources Fund Act (NRFA) has been in the public domain for the past three years, the substance of those amendments had not been made public until Thursday.

PFG listed a number of reasons why it wanted the process paused.

-It cited Article 13 of the Guyana Constitution which calls for increasing opportunities for the participation of citizens and their organisations in the management and decision-making processes of the State.

-the national interest in securing as unified support as possible for this vital piece of legislation.

-The three years of work by civil society, leading up to the Natural Resource Fund (NRF) Bill No. 14 of 2018.

-The commitments by the ruling PPP/C “to strengthen freedom, establish a firm commitment to democratic traditions whilst framing priorities to be more inclusive, transparent, accountable and more equitable. We will continue to promote good governance, respect for the Constitution and the human rights of all Guyanese, while fostering an economic environment where jobs flourish and there is guaranteed income for people” (PPP/C Manifesto, 2020-2025).

-“To ensure that our oil resource is managed responsibly, the PPP/C will … Establish an arm’s length Sovereign Wealth Fund insulated from political interference … Establish a regulatory framework which is independent of politicians.” (PPP/C Manifesto, 2020-2025).

-“To prevent oil money from being squandered, the PPP/C will among other things: Uphold the Santiago Principles of transparency and accountability and EITI … Civil society will be involved in a central role to monitor compliance and accountability.” (PPP/C Manifesto, 20202025).

The petition said that the Natural Resources Fund Bill that was passed into law on November 2018 had benefitted from the most exhaustive process of scrutiny, consultation and discussion in modern parliamentary history. International expertise was sought and provided from the IMF, the World Bank, Chatham House, the New Producers Group of oil producing countries, a delegation from Ghana, along with the expert opinion of distinguished international academics. All of the experts were also made available for engagement with civil society.

The petition further said that NonGovernmental initiatives in relation to the NRF Bill included:

a series of round-table discussions led by Conservation International;

a series of open Space meetings by Policy Forum Guyana across the coastal area;

The Guyana Manufacturing and Services Association hosted a special consultation;

workshops conducted by the University of Guyana;

the visit of the Director of the Goa Foundation of India, internationally recognized for its work on the inter-generational justice dimensions of extractive industries.

Taken together, the petition said that these processes constituted the most complete example of the intent of Article 13 since its introduction in the Guyana Constitution in 2001.

“This process generated a level of legitimacy which cannot be readily set aside by amendments which have never been made available to citizens”, the petition said. The signatories of the Petition said that they are conscious that despite these prolonged preparatory activities the resulting Natural Resource Fund Act did not meet expectations of either the current ruling party or a significant cross-section of citizens. Clarification, they say, is also required to ensure the NRF is not being used to pay off the commercial debts incurred without prior Parliamentary oversight.

“Guyana is coming under increasing pressure to justify its role as a major fossil fuel producer. Guyana’s relatively negligible carbon footprint is the result of favourable land/population ratios and natural causes, not of explicit policy. Progressive policies (REDD+) have been adopted when financially beneficial and abandoned when not. The current references to prosperity for all Guyanese will quickly require more substantial justification than made available to date.

“The focus on ‘prosperity’ rather than equity in the Government’s current narrative on fossil fuels leaves intergenerational equity (fairness) to the workings of the free market rather than a matter of legal and political principle. Wealth creation is used to justify depletion and degradation of natural resources, commodifying environmental loss…”, the petition stated.

The signatories to the petition are: