Saxakali Magazine 3:1 Social Justice Profile

Saxakali Magazine V3N1
Social Justice Profile:

Dennison Smith is a tall, african american lawyer who speaks with a strong, eloquent voice. He has been deeply involved with the Omai diaster and other environmental issues in guyana over the last three years. Our editor (MS) spoke to Dennison (DS) about his involvement in the guyanese enviromental struggle.

MS: Tell us a little about your educational background.

DS: I was born in September, 1967, and grew up mostly in california. I completed an undergraduate studies at the university of california, santa cruz; and graduated with a law degree from the university of california, berkeley, in 1992. After taking bar exams in 1993, I was engaged in paralegal work.

MS: Since you are an american in california, how did you get involved with guyanese issues?

DS: In school, one of my close friends was a guyanese, Patrick Budhoo. After graduating, we stayed in touch. Patrick became policy director of the Bretton Woods Reform Organization (BWRO), an NGO in guyana. The organization was doing some work with the Consumers Advisory Bureau and they needed some legal help. So I went to guyana to work with them in 1994 for about a year.

MS: You were living in Guyana in 1994?

DS: Yes. A couple of weeks before I was supposed to return to the States, Omai occured. When the National Committee for Defence Against Omai was formed, I decided to offer my services to the Committee. I am still working with members of the Committee.

MS: What kinds of work are you involved with?

DS: I basically worked with contacting people in the US and preparing three briefs. The first brief outlined the actions that the government can take against the company in the dispute resolution mechanism, contained in the original Omai mineral agreement. The second brief was for the National Committee. It outlined different sections of the mineral agreement, EIS, and mining license which are relevant to the disaster itself. It also examined technical arguments to hold the company responsible. The third brief looked at options the government of guyana has under the Omai mineral agreement itself. I pointed out that no extra judicial measures were needed in order to handle actions against the company, and that a legal remedy was not exhausted.

MS: What are you working on now?

DS: Well, recently, Dr. Gustav Jackson (a guyanese geologists with RAFCA) and I met with the president of guyana to go over the litigation PIRA is bringing against Cambior. The president and asked me speak to the attorney general and prepare a brief for them on how the Omai issue could be addressed in an international court.

MS: So the president and government of guyana are supportive of you and Dr. Jackson’s work?

DS: Well... yes. I promised the attorney general to prepare a brief on the option of international arbitration, and steps the government can take to protect the legal interests of the guyanese people regarding discharge of chemicals using the existing laws on the books.

MS: How have you progressed so far?

DS: I am examining the documents. There are really four main documents:

the mining act (1989)

the mining license granted to OGML under section 44 of the mining act

the OGML mineral agreement (1991), and

the enviromental impact statement (EIS).

MS: How are these contracts and documents relevant to the August disaster?

DS: In the absence of other legal documents, these are the laws of guyana, for example, through incorporation of sections 19 and 44 of the mining act. The company is legally obligated to follow each and every provision of the EIS and addendums, for example. Omai violated these laws and did not pay a cent. They have not suffered any penalty. Its like a person who robbed a store and you know that the person robbed the store, but you do not press charges.

MS: Can you give me an example of how these laws can be applied in guyana?

DS: Both the mineral agreement (section 6.7) and the mining license (section 13) states the following:

‘The Company (Licencee) shall preserve and protect the natural environmental conditions of the Mining Area and take such corrective action from time to time before the relinquishment of the Mining Area as may be necessary for soil conservation and to reduce stream and air pollution. In particular, the Company shall conduct Operations so as not to unlawfully pollute any surface or subsurface fresh water supply...’

MS: So environmental laws are there on the books...

DS: Yes. I want to stress that the existing laws of guyana can be used to hold the company responsible for their actions.

MS: What your plans for the future?

DS: I’ll remain involved in Omai and other environmental issues in guyana. I setting up a program for american students to study environmental law and policy in guyana.

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