Mining
IACHR grants protective measures to Chinese Landing residents: The Inter-American Commission on Human Rights (IACHR) on July 21st issued Resolution 41/2023, through which it granted precautionary measures in favour of members of the Indigenous Carib Community of Chinese Landing, who it said are “currently at serious, urgent risk of suffering irreparable harm to their human rights”. The Commission has asked the government to advise it within 20 days from the July 21st ruling as to the steps taken. A statement from the IACHR said that the petition before it indicates that the members of Chinese Landing (Region 1) are facing threats, harassment and acts of violence in the context of their opposition to mining activities in their lands. The representatives alleged repetitive incidents of threats and harassment, which would occur “daily” or “regularly”; advised of acts against persons in particular vulnerability such as aggression to a young man, attempted rape of a minor, and threat with a knife against an elder person; as well as the extensive use of firearms, with firing incidents. The IACHR said that Chinese Landing residents have also received collective death threats, reportedly perpetrated by mine workers. For example, it said that the toshao, who is the leader of the community, was allegedly warned that if the village wins its lands back, the miners would not leave easily and people would die. The grant of the precautionary measures by the pre-eminent human rights body in the region came even though the Government of Guyana had sought to counter the complaints of the Chinese Landing residents. The edict of the IACHR will place immediate pressure on the government to heed the concerns of Chinese Landing residents and to take the measures recommended by the IACHR. In June this year, Minister of Foreign Affairs and International Cooperation, Hugh Todd met with Margarette May Macaulay, President of the IACHR and other members of the IACHR Board of Directors on the sidelines of the Fifty-Third Regular Session of the General Assembly of the Organization of American States (OAS). A release from the Ministry of Foreign Affairs said that during the meeting, Todd underscored the Government of Guyana’s policies for the promotion of human rights and reiterated Guyana’s commitment to supporting the Commission in the execution of its mandate. Macaulay was one of the signatories to Friday’s decision. Stabroek News had visited Chinese Landing and reported extensively on the complaints by residents against the activities of the miners, threats to the toshao of the community and the evident cosy relationship between regulatory authorities and the prospectors. The IACHR noted that the State of Guyana informed on actions to mitigate alleged risks and investigate the reported situation.
Gov’t to send fact-finding team to Chinese Landing: Declaring that it takes seriously IACHR recommendations on Chinese Landing residents, the Guyana Government last night announced a series of steps including the assembling of a multisectoral fact finding team to visit the community. On July 21st Inter-American Commission on Human Rights (IACHR) issued a resolution on a petition by the mainly Amerindian residents of Chinese Landing in Region One and asked the Guyana to take precautionary measures to protect them. A report on the resolution was carried in Tuesday’s edition of Stabroek News and yesterday’s release by the Ministry of Parliamentary Affairs and Governance was the first comprehensive response to the IACHR edict. Presenting the background to the dispute to show that it has in the past tried to address the problem, the statement by the ministry said that all these facts and more were presented to the IACHR in the State’s April 17, 2023 submission in response to the Chinese Landing petition. However, the ministry said that the Government of Guyana acknowledges the decision of the IACHR in Resolution No. 41/23 to issue precautionary measures and takes very seriously the recommendations made. As a result, it said that the Government of Guyana has already completed an initial planning meeting to address the precautionary measures among senior government officials including the Minister of Parliamentary Affairs and Governance, the Minister of Amerindian Affairs, the Minister of Natural Resources and the Minister of Home Affairs, along with the Commissioner of Police (ag), heads of the GGMC, Legal Advisors of the Attorney General’s Chambers and technical staff of the respective ministries and agencies. In this meeting, a plan of action was agreed upon, and steps are now being taken to ensure that a number of actions are implemented.
Oil & Gas
Gov’t extends oil blocks bidding yet again: The PPP/C Government last Wednesday announced yet another extension in bidding for offshore oil and blocks and this time to September 12, saying it is because of plans to complete changes to this country’s regulatory framework. Observers say the several extensions could signal low interest in the blocks and could unnerve investors who may be crafting bid plans. They say that if the government had planned properly there would have been no need for the multiple extensions. “The Ministry of Natural Resources, on behalf of the Government of Guyana, is pleased to announce the extension of the Guyana 2022 Licensing Round’s bid submission deadline to Tuesday, 12th September 2023. The government’s continuous efforts to streamline and improve the petroleum regulatory framework and the resultant comprehensive feedback received from our stakeholders have led to this necessary extension,” a statement from the Ministry of Natural Resources noted. “Whilst recognizing the new era of oil and gas development and investors’ confidence in our economy, the government is working to ensure that this competitive licensing bids and future rounds are governed by a modern regulatory framework with improved technical and institutional capacities,” it added. Government said that it will soon complement the model PSAs with a new Petroleum Activities Bill 2023, “which will not only enhance the management of the sector but also provide improved economic measures for all licensees in the bidding round, as well as future development and production operations in Guyana’s petroleum sector.”
Poultry
Bank rate on poultry loans slashed from 8% to 5% – President: President Irfaan Ali on July 22nd announced that following discussions with commercial banks, the interest rate for loans to the poultry sector will be cut from 8% to 5%. This is an effort to make more liquidity available to farmers and reduce their monthly costs.
This move will be enabled by the removal of the corporate income tax on interest income from loans extended by banks to the poultry sector. According to the President, during discussions over the last three weeks, farmers and investors in the poultry sector were promised that the government would further examine ways in which they can address the issue of the cost of capital and the interest rate for small farmers. As such, in a live broadcast early yesterday morning Ali announced, “We will introduce a facility under which the interest income earned by commercial banks on loans granted to the poultry sector will be free of corporate income tax… This now will enable commercial banks to lower their interest rate, the charge to the poultry sector by almost 3%, from 8% to about 5 %.” He said, discussions were concluded with Republic Bank (Guyana) Limited, the Guyana Bank for Trade and Industry, Citizens Bank, and Demerara Bank Limited with the final discussions held yesterday morning at 2.30 – mere hours before the announcement. “For those persons who have existing loans at these facilities, the new interest rate will be reflected in the new month, and for those who are going to acquire new capital this is the new interest rate”, he explained. He further stated that “This is a tremendous moment for the poultry sector this morning… This is the exact measure we implemented when we wanted to expand the housing programme where you see loans now as low as 3.5% so this latest measure represents the latest step taken by the government to promote food production, increased food supply, and reduce the cost of basic food items to the final consumer and I am very pleased that all the commercial banks that I mentioned have already taken the decision to fully participate and to move towards the reduction in interest almost instantaneously as this measure takes effect now.” He stressed that all investors in poultry and the poultry sector would benefit from this initiative, and encouraged those within the sector to take advantage of the benefits that will arise from the reduced cost of financing that will now be available to the sector.
Health
74% of deaths reportedly due to non-communicable diseases: With a reported 74% of the country’s deaths being due to non-communicable diseases (NCDS) and diabetes cases pegged at a staggering 60,000 plus, the government is now planning the implementation of a national healthcare database system, to aid in strategic policies to reduce new cases since no data is currently collected from persons with NCDs. Guyana’s National Commission on NCDs states that: “74% of our deaths are now due to the NCDs and more than 32% of all NCD deaths are premature.” “We have not been collecting that data because it is not a requirement for hospitals to report on cases like diabetic patients or strokes or heart disease and attacks… but to help in our policy planning, this is something that will have to change because we need that data. We have to get a national database,” Health Minister Dr Frank Anthony told the Stabroek News in an interview last week. “When people come to the [public] health facilities and hospitals, we treat them… but like I explained [getting the data] is something that we are going to change.” At present, only when people die is their data accessible, as causes of death have to be stated on death certificates. He explained that the government will not only be better able to track the healthcare needs of citizens in the country, but find strategies to make them healthier. Anthony said that the 60,000-plus estimate was taken from the International Diabetes Federation (IDF), a non-profit umbrella organisation of more than 240 national diabetes associations in 161 countries and territories. The Pan American Health Organisation’s Step Survey Country Report released in June of 2021 stated that in Guyana, 68% of deaths in 2016 were attributed to NCDs, specifically, cardiovascular disease (34%), cancers (8%), diabetes (8%), and chronic respiratory diseases (3%). As part of this country’s NCD strategic plan/plan of action for 2020-2030, having the registry database of people being treated for non-communicable diseases is a priority. With regard to diabetes, the Minister of Health pointed out that from information received from healthcare facilities around the country, less than 200 persons receive medication for Type 1 diabetes, a type believed to be caused by an autoimmune reaction and which develops early in life.
Women’s rights
Dharamlall matter has exposed fragility of women’s rights – GHRA: Stating that no other single matter has so clearly exposed the fragility of women’s rights here, the GHRA yesterday called for the widespread indignation at the incidents surrounding ex-Local Government Minister Nigel Dharamlall to be harnessed to reorder power relationships affecting females. Dharamlall possibly avoided a charge of rape after the complainant eventually decided to issue a `No Further Action’ statement to the police. Contending that sexual violence towards younger females was at epidemic levels here, the Guyana Human Rights Association (GHRA) said in a statement that the Dharamlall incident is a “wakeup call to all organizations who provide ‘technical’ support services to victims of sexual violence to adopt a more robust, rights-based approach to their work”. The GHRA said: “Sexual violence towards younger females in Guyana is nothing short of epidemic. It is to be found in families between older male relatives and young girls, between female students and teachers, religious leaders, rapacious landlords, exploitative employers and abusive boyfriends and school-girls being enticed by lunch money and rides in cars from big men. “These relational dimensions anchor women in situations of abuse, exploitation, fear and ignorance. The common factor in all these relationships is the imbalance in power. “A combination of party paramountcy and chauvinist culture appear to have successfully gotten rid of the allegations (against Dharamlall), it is not yet clear whether tables will be turned and the alleged victim charged with false allegations. No other single incident has so clearly exposed the fragility of women’s rights in Guyana”. It stated that the general public was scandalized by responses ranging from “spineless leadership to callous indifference and disregard for the emotional needs of the victim”. The human rights body argued that the central priority of sexual violence cases, namely the welfare and emotional needs of the victim, were subsumed by “isolation and detention”. The GHRA said that the incident in question was a major test of the extent to which the reforms in the Sexual Offences Act of 2010 had become part of the culture of the legal, welfare and judicial institutions.
In the courts
David Patterson charged with exposing genitals: APNU+AFC Member of Parliament David Patterson appeared at Georgetown Magistrate’s Court last Friday before Senior Magistrate Leron Daly to answer to three charges including exposure of his genitals and was placed on $70,000 bail. He was charged with exposure of his genitals, contrary to Section 28 2 (a) of the Sexual Offences Act Chapter 8:03; using obscene language contrary to Section 141 (b) of the Summary Jurisdiction (Offences) Act Chapter 8:02; and provoking a breach of the peace, contrary to Section 141 (a) of the Summary Jurisdiction (Offences) Act Chapter 8:02. It is alleged that on July16, at 87 Seaforth Street, Section A, Campbellville, Georgetown, Patterson exposed his genitals to Ramroop Odit. It is also alleged that on the same date, and at the same location, Patterson used obscene language to Odit in breach of the peace. It is further alleged that Patterson, on the same date, and at the same location, intentionally tried to provoke Odit, by causing him distress. The court heard that the police have completed their investigations and as such the defendant was granted permission to leave the jurisdiction whether it be for professional or other purposes. The prosecutor had no objection to bail.
CJ throws out GPSU challenge to Goolsarran on Public Service Commission: Chief Justice (CJ) Roxane George SC on Thursday last hrew out a challenge by the GPSU to the nomination of Mohandatt Goolsarran to the Public Service Commission (PSC). According to a statement from the Attorney General’s Chambers, the CJ declared the application of the Guyana Public Service Union (GPSU) without a “scintilla of evidence, was unmeritorious, frivolous and vexatious”. She also awarded costs of $1.5m against the GPSU. On June 28, 2023, the GPSU filed legal proceedings challenging the decision of the Standing Committee on Appointments of the National Assembly and the National Assembly to consider nominations from the Public Service Senior Staff Association (PSSSA) to nominate Goosarran to the Public Service Commission (PSC). The Speaker of the National Assembly and the Attorney General were named as respondents. The statement said that Mandisa Breedy appeared for GPSU and Ralph Ramkarran SC and Kamal Ramkarran for the Speaker. Attorney General Mohabir Anil Nandlall SC, Nigel Hawke, Deborah Kumar, Shoshanna V. Lall, Loretta Noel, Ocelisa Marks and Pierre Squires appeared for the Attorney General. The statement noted that the GPSU’s argument was that the PSSSA is not a certified trade union recognised by the Trade Union Recognition Act for the purpose of representing public officers for the appointment to the PSC, and therefore could not properly nominate Goolsarran for appointment to the PSC in accordance with Article 200(1)(b) of the Constitution of Guyana. The statement pointed out that Article 200(1) (b) provides, that the Public Service Commission shall consist of six members, two of whom shall be appointed by the President “upon nomination by the National Assembly after it has consulted such bodies as appear to it to represent public officers or classes of public officers.” The Attorney General in his arguments on Thursday contended that Applicant had abysmally failed to establish a case of violation of the Constitution or any principle of law or any provision of any statute law.
Appeal Court upholds ruling that Ramkissoon, Browne cannot be parliamentary secretaries: The Guyana Court of Appeal has affirmed the ruling of Chief Justice (ag) Roxane George, SC nullifying the appointments of Vikash Ramkissoon and Sarah Browne as Parliamentary Secretaries. A main contention of the Appellants, had been that Chief Justice George fell into error, when she relied on the case of Desmond Morian v. Attorney General forming precedent by which she was bound. Dismissing the appeal, the appellate court found that Browne and Ramkissoon were not lawful members of the National Assembly since their names were on their party’s list, but were not among the 33 names extracted to take up seats in the National Assembly. As a result, Justice of Appeal Dawn Gregory who read the Court’s ruling, stated that the Appellants could not qualify as being non-voting members of the National Assembly; as Parliamentary Secretaries. Regarding the issue of whether the ruling in Desmond Morian constituted binding precedent on which the Chief Justice relied, the Court of Appeal stated clearly that it did, and that it was also bound by its own decision in that Morian case. It was a preliminary issue which confronted the appellate court, and called into question whether or not it could stand by its previous ruling affirming that decision, which could have had implications for Browne’s and Ramkissoon’s matter. Former Chief Justice (ag) Ian Chang in the Morian case, had ruled that persons who were on the list of candidates but not extracted, are considered to be elected Members of the National Assembly. In her April 20, 2021 judgment Chief Justice George found that in accordance with the Morian case, the appointments of Ramkissoon and Browne and their membership of the National Assembly were unlawful and she ordered the Speaker to prevent them from sitting in or participating in the business of the House. Justice George had noted in her ruling that while Attorney General Anil Nandlall SC had previously supported the Morian case when he was in Opposition, he abandoned the principles when applied to Ramkissoon and Browne.
Bus driver, nurse charged with $76.9m gold heist: Twenty-five-year-old bus driver, Rohan Mangal, and twenty-two-year-old nurse, Anjali Singh Mangal, of Lot 69 Delph Street, Campbellville, Georgetown, appeared last at the Georgetown Magistrate’s Court before Senior Magistrate Leron Daly to answer to the charge of simple larceny that was jointly read to them and which they both denied. It is alleged that between September 1st 2022 and July 19th 2023 at Sandy Babb Street, Kitty, Georgetown, they stole 208 ounces of raw gold value $76,960,000, property of Depak Persaud. Bail was granted in the sum of $1.5m each. The matter adjourned to 14th August for statements. No other details were provided. In September last year, several persons were charged with the theft of 1,000 ounces of raw gold, valued at $400 million from a Mahaica house.
Crime
Driver fatally stabbed at Linden bus park: Police are investigating the fatal stabbing of a 37-year-old bus driver of 95 West Ruimveldt Housing Scheme, Georgetown, on Thursday (July 27th) night at the Linden bus park, Water and Hadfield streets, Georgetown. Dead is Zehron Nieuenkirk. According to a police report, an eyewitness stated that the fatal stabbing which took place at about 2100 hours on Thursday, stemmed from a joke which Nieuenkirk started by pinching the suspect. The eyewitness, a 23-year-old construction worker said that he was sitting in front of the Parliament Buildings fence when Nieuenkirk came up to chat with him. However, a woman approached and stopped beside Nieuenkirk, who proceeded to ‘pinch her on her hand. In response, the woman knocked away Nieuenkirk’s hand and pulled a knife from her waist. The victim told the suspect, that what she pulled out, she could not use it on him. As the suspect turned to walk away, Nieuenkirk hugged and lifted her from behind in a playful manner. The eyewitness further said he heard the victim make a sound and told the suspect: “This is what you done to me girl.” He then pulled down his pants and showed the eyewitness a wound in the area near his groin, which was bleeding and told him that the suspect had inflicted it on him. The female suspect known as Vanessa, then ran away towards the Linden bus park with the knife in her hand and escaped.
