The National Assembly of Guyana passed the Local Content Act of 2021, on the 29th December 2021, after rigorous protest and agitation by individuals and civil society organizations. The Bill was presented to Parliament by installed Natural Resources Minister Vickram Bharrat despite calls by the Parliamentary Opposition for it to be sent to a Special Select Committee over concerns that it might be in tension with the Constitution of Guyana and international law.
The CARICOM Private Sector Organization (CPSO) flagged the Act as being in contravention with the Treaty of Chaguaramas. In an invited comment Shadow Attorney General Roysdale Forde MP posited that, “Hysteria by the Government cannot resolve any apparent contravention of the Revised Treaty of Chaguaramas. This approach was tried several times before by Attorney General Nandlall and his PPP/C government with utter failure.”
He further added that in 2009, the CCJ ruled in favour of Trinidad Cement Ltd., when the PPP/C government unilaterally suspended the Common External Tariff, under the Revised Treaty of Chaguaramas. In 2013, the CCJ had to rule, again in another matter involving the PPP/C’s unilateral imposition of an environmental tax on Surnamese company Rudisa Beverage. Therefore, the PPP/C renewed calls to abandon the Revised Treaty of Chaguaramas are not new or well thought out.
Additionally, comments by the CPSO cannot be lightly dismissed. Whilst it is appreciated that the local business community seek opportunities and that their interests must be prioritised for local enterprises to emerge and grow, it cannot be overlooked that Guyana has gotten itself in this position as a result of the recklessness and aversion of the Peoples’ Progressive Party Civic (PPPC) regime to commit to a rule based process.
In this instance they have merely extended their aversion to the Revised Treaty of Chaguaramas. The Revised Treaty of Chaguaramas which established the Caribbean Community was ratified on July 5, 2001 in the Bahamas and came into force in January of 2006.
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