Dear Editor,
The last 5 years saw various instances of the PPP/C government undermining the rule of law in the face of public outcry. In relation to the Oil Pollution Prevention, Preparedness Response and Responsibility Act which was secretly assented to by Irfaan Ali, national outcry was surpassed by regional and international criticism.
But one area has been relatively uncontested – the violation of Amerindian land rights through the PPP/C government’s carbon credit deal with Hess Corporation.
Under the Amerindian Act 2006 Amerindian Village Councils own the forests on their land, the trees which make up those forests, and everything related to that tree including the tree’s removal of carbon from the atmosphere through photosynthesis. This carbon removal is regarded as a ‘carbon service’ and is the basis of carbon credits. When the government purported to sell carbon credits to Hess from Amerindian forests, they breached the Amerindian Act 2006.
The carbon service is also a ‘property right’ which belongs to the Amerindian communities who own the land. Property rights are protected by the Constitution. The government’s carbon credit scheme with Hess Corporation deprived Amerindian landowners of this property and was an unconstitutional breach of the fundamental right to property held by Amerindian communities.
And yet, Amerindian Village Councils failed to stop the National Toshaos Council when it illegally purported to approve the carbon scheme; they failed to object when Amerindian interest groups attempted to weaken Amerindian land rights by advocating for consultation and free prior informed consent.
More worryingly, Amerindian Village Councils failed to challenge the government’s illegal actions. This does not bode well for the future.
Guyana needs a Parliament which can uphold the rule of law, enforce the Amerindian Act 2006 and respect and protect Amerindian land rights.