Dear Editor,
Following the Kaieteur News article featuring comments made by Mr. Anil Nandlall, S.C. Attorney General and Minister of Legal Affairs on the use by Venezuelan President Nicolas Maduro of “critical commentaries about Exxon in Guyana”, I messaged Mr. Nandlall and spoke with him about his comments and the not unreasonable inference that that statement could be interpreted as a threat of aiding and abetting the enemy. He offered his unequivocal assurance that no such interpretation was intended, and that as a lawyer, he would never suggest that commentators should feel themselves less than free to write. Yesterday, following an interview with the usually accessible Mr. Nandlall, Stabroek News ran an editorial on the same issue. While that news outlet noted that he was more specific in the interview than in his earlier statement, the editorial did not mention any assurance about commentators’ right and duty to write.
I do not think that Mr. Nandlall needs to be reminded that the singular wish of all commentators is to get the best possible deal for the country and its people from our exhaustible petroleum resources. We do not criticise for its own sake, but to highlight the multitude of weaknesses in, and the egregiously poor oversight of the 2016 Petroleum Agreement. After years of tone deafness, commentators and the silent Guyanese are frustrated by the Government’s unwillingness to address any of the glaring deficiencies which result in serious loss of revenue to Guyana, each and every day. More than just not wanting to muzzle commentaries, Mr. Nandlall should share their concerns, and let his superiors know that their ineffectiveness in the administration of the petroleum sector is the biggest part of the problem. More than mere bystanders, the Government operates as accomplices of Exxon which has a deservedly bad record of illegal and improper conduct – both internationally and locally.
As Attorney General, parliamentarian and a lawyer who has been involved in multiple constitutional cases, Mr. Nandlall should be more concerned than the average commentator that Guyana has ceded legislative sovereignty to Exxon for close to sixty years, or two generations of Guyanese. And that Granger/ Trotman gave to Exxon a second petroleum agreement which the law does not seem to permit. As Minister of Legal Affairs, Mr. Nandlall should be concerned that Exxon has siphoned off vast sums money received from investors, including Shell; that it blatantly padded pre-contract costs over and above what its audited financial statements of Exxon and those of its partners showed; that it unlawfully and improperly engaged a public official to write off the disallowance of a claim of US$211 million; and that while those financial statements are inconsistent and misleading, his colleague Minister of Natural Resources annually calls on the GRA to issue receipts for taxes which they do not pay.
As a citizen and leader, Mr. Nandlall should join the call for a Commission of Inquiry into the award of the 2016 Petroleum Agreement for which the Clyde & Co report provides compelling evidence. He should be offended that a top official of Exxon wrote the Cabinet Paper which led to that infamous Agreement. As a lawyer, he should use all of his talent and the resources at his disposal to make the case for re-negotiation of the 2016 Agreement. And as a citizen, he should join his fellow citizens to make that happen. I take this opportunity to advise Mr. Nandlall that if the government addresses the issues identified above, as well as others raised by commentators, he can be assured of compliments and commendations in place of criticisms and complaints. And finally, that no commentator or media house that I know would think of helping Maduro’s unlawful and baseless claim to two-thirds of Guyana.
Sincerely,
Christopher Ram
