International Lawyer Slams New Environmental Bill as Unconstitutional and Contrary to Global Commitments
By Antonio Dey | HGP Nightly News
GEORGETOWN, GUYANA—A leading international lawyer is raising red flags over Guyana’s newly passed environmental protection legislation, describing it as unconstitutional and in violation of the country’s international obligations.
In a letter seen by HGP Nightly News, Melinda Janki, a renowned attorney known for advocating climate and environmental law, blasted the bill’s drafters, stating they appear to have “no understanding of Guyana’s international legal commitments.”
Janki referenced Article 149J of the Guyana Constitution, which mandates the state to take reasonable legislative measures to protect the environment, prevent pollution, and curb ecological degradation.
“This bill is fundamentally flawed and inconsistent with Guyana’s constitutional obligations and international environmental standards,” she stated.
Despite this, the bill—introduced by Prime Minister Mark Phillips—was passed during the 103rd sitting of the National Assembly without opposition support. The government touted the legislation as a vital tool for holding petroleum operators fully accountable amid Guyana’s rapid offshore oil expansion.
“The passing of this bill signals our nation’s commitment to sustainable development and environmental stewardship,” said Prime Minister Phillips.
However, Shadow Natural Resources Minister David Patterson and other opposition members have strongly pushed back. Patterson criticized Clause 14, which lacks a clear spill notification schedule, arguing that current permit systems already provide stricter safeguards.
He also accused the government of “bending to ExxonMobil’s will” by allowing production levels to exceed established safety thresholds.
“How can this administration claim to be doing everything possible to prevent an oil spill while enabling the very risks they claim to mitigate?” Patterson questioned.
The opposition denounced clause 17, which outlines operator liability, as hypocritical, particularly since the administration had previously resisted calls for unlimited liability coverage in court proceedings involving ExxonMobil.
Alliance for Change (AFC) members Sherod Duncan and David Patterson echoed those concerns, branding several bill clauses as ambiguous and legally weak.
The law’s passage follows growing public scrutiny over Guyana’s environmental preparedness as oil production scales up, raising alarms among legal experts, civil society, and conservation advocates.
