By Marvin Cato | HGP Nightly News|
GEORGETOWN, GUYANA — Forward Guyana Movement Leader and Member of Parliament Amanza Walton-Desir has issued an urgent call for the government to publicly clarify the exact legal framework governing its probe into the M.V. Barima tragedy, warning that a Commission of Inquiry (COI) cannot replace a mandatory, independent marine safety investigation.
Speaking during a joint opposition press conference on Wednesday, Walton-Desir—an attorney specializing in international aviation and maritime law—addressed recent statements by Prime Minister Brigadier (Ret’d) Mark Phillips, who announced that the administration intends to establish a COI into the capsizing.
Walton-Desir argued that simply announcing a Commission leaves critical statutory questions unanswered and risks failing Guyana’s international legal obligations.
Marine Safety Investigation vs. Commission of Inquiry
Drawing a clear distinction between the two legal mechanisms, Walton-Desir outlined why a standard COI is technically insufficient on its own:
- Mandatory IMO Safety Investigation: Under International Maritime Organization (IMO) standards—specifically the Casualty Investigation Code—Guyana is legally bound to conduct a dedicated, independent technical safety investigation following a “very serious marine casualty.” This technical probe focuses exclusively on determining the physical chain of causation, structural safety lapses, and necessary systemic fixes to prevent future disasters.
- Scope of a Commission of Inquiry: While a COI can examine broader issues of public administration, political oversight, and administrative accountability, it lacks the specialized maritime jurisdiction and protocol required under international treaties like the Safety of Life at Sea (SOLAS) convention.
[ DUAL-TRACK INVESTIGATIVE FRAMEWORK ]
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┌──────────────────────────────────┴──────────────────────────────────┐
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[ Mandatory Marine Safety Probe ] [ Commission of Inquiry (COI) ]
- Governed by IMO Casualty Code / SOLAS - Governed by domestic Commissions of Inquiry Act
- Independent technical maritime casualty experts - Examines public administration & oversight
- Focuses strictly on cause, safety, & systemic prevention - Evaluates political and executive accountability
“Every very serious marine casualty requires an independent, technical marine safety investigation,” Walton-Desir emphasized. “A Commission of Inquiry cannot substitute for that mandatory requirement. We need to know under what specific legal authority the government is proceeding, who will lead the technical investigation, and how the evidence will be secured without delay.”
Risks of Delay and Demands for Transparency
The Forward Guyana Leader warned that waiting for a Commission of Inquiry to be formally constituted could put vital physical evidence at risk of being lost or compromised.
With the government yet to publish the proposed inquiry’s official Terms of Reference, panel membership, or legal parameters, Walton-Desir demanded that the administration release these details immediately to ensure complete transparency for the victims’ families and the nation.
