Strengthening the Rule of Law Through a Rights-Based Approach in Guyana’s Booming Oil Industry

Abstract

Guyana’s massive oil discovery has positioned this small South American nation as one of the largest oil producers in the world per capita. Projections indicate that Guyana’s oil reserves will contribute billions of dollars in revenue to Guyana’s rapidly growing economy. The World Bank has forecasted that Guyana’s annual gross domestic product (GDP) will grow 25% in 2023. This sudden upsurge in wealth allocation comes with a legitimate concern regarding the emphasis being placed on rule of law and human rights, which are ostensibly viewed as antitheses to economic development. The right to a healthy environment has always inhabited a place in the compendium of fundamental rights provisions encapsulated in Guyana’s Constitution but has enjoyed a long slumber as part of the supreme laws of the land. Recently, the justiciability has been heavily relied on in light of Guyana’s present socio-economic circumstances. The shift from former underutilisation to catalyst for change has been in response to arising environmental policy concerns regarding matters connected with Guyana burgeoning oil industry. A plethora of cases have graced the Guyanese judicial bench, initiated by environmental interest groups in Guyana, and Collins and Whyte v. Environmental Protection Agency and Esso Exploration and Production Guyana Limited 2022-HC-DEM-CIV-FDA-1314 exemplifies arguably the most potential to date in support of a rights-centred to such issues, even as the case awaits appellate determination.