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Articles, letters and other publications by Christopher Ram
What began almost a quarter of a century ago as a judicial adventure has now run its full course, ending before the Caribbean Court of Justice, the region’s highest court.
The proceedings arose out of a Request for Proposals issued in November 1999 in my capacity as Receiver-Manager of Hotel Tower Limited. CARA submitted what it described as an expression of interest, expressly conditional upon due diligence and other matters. Before the process could run its course, CARA commenced proceedings claiming that I breached contractual and collateral obligations and sought to stall the process.
Those claims were soundly rejected at every level of the court system. The High Court dismissed them. And the Court of Appeal affirmed that decision. But CARA and its counsel persisted. And now, in an erudite, unanimous and thoroughly reasoned judgment, the Caribbean Court of Justice has brought the matter to an end.
In its judgment, the Court clarified and restated the law in Guyana on tendering and contractual formation. It recognised the concept of a process contract – now applicable to both public and private tendering – while making it clear that such a contract does not arise automatically. The decision requires a careful review of how tender processes are structured and communicated. It also provides timely and authoritative guidance on the need for clarity in tender documents, strict compliance by bidders, and discipline in the conduct of the process.
That CARA chose to pursue this litigation was not without consequence – and benefits. The Court used the opportunity to develop the law and, in doing so, offered clear reminders about the proper limits of litigation. The duty of legal counsel is not only to advance their clients’ cases but to advise against claims that are speculative, premature, or lacking in legal foundation. When that duty is not observed, the consequences are inevitable – as CARA has now learned to its cost.
In my respectful view, this case lacked merit from the outset and ought not to have been pursued. It has, however, served a useful purpose. The law has now advanced, and our practices and procedures must follow in lockstep. The guidance is clear. The integrity of the tendering process in Guyana – and accountability in contract awards – will be stronger for it.
Christopher Ram
25 March 2026
Dear Editor,
In my Stabroek News column # 177 published yesterday reflecting on the journey of writing on Guyana’s oil and gas sector, I acknowledged several individuals and institutions that helped sustain the national conversation on petroleum governance. I regret, however, that I failed to acknowledge a media house that played an important role in bringing many of those issues to a wider audience.
Over the years Kaieteur News, under the leadership of its publisher Mr. Glenn Lall, frequently drew on several of my oil and gas columns as the basis for investigative reports and news stories. In doing so, the newspaper helped extend the reach of those analyses and placed matters relating to petroleum contracts, fiscal arrangements and transparency before a broader section of the Guyanese public.
Reporters such as Ms. Kiana Wilburg, Davina Bagot and their colleagues deserve particular recognition for the diligence with which they pursued those stories. I therefore owe and extend to them a personal apology.
With the closure of Stabroek News, the space for independent scrutiny of public policy inevitably narrows. The responsibility for informed and fearless journalism therefore becomes even more important. It is my sincere hope that media institutions, especially Kaieteur News, will continue to carry forward the task of informing the public and asking the difficult questions that democratic accountability requires.
Yours faithfully,
Christopher Ram
Business and Economic Commentary
This column also brings to mind an earlier series, Business Page, which began in the early years of Sunday Stabroek under the editorship of David de Caires and Anna Benjamin. That column was interrupted after a disagreement over a piece on Caribbean Containers Inc. which prompted a defamation threat by its CEO, Ron Webster. Sunday Stabroek published an apology over my objections, which I felt might weaken my position should the matter reach the courts. I stood my ground and defended the action. No case ultimately succeeded, and the column eventually resumed.
The decision to bring Sunday Stabroek – a sibling of Stabroek News – to its final edition marks more than the end of a newspaper. It closes a chapter that began in 1986, when Guyana’s economic circumstances were vastly different from today. The economy was small and constrained, public finances were tight, shortages were common, and the state’s capacity to finance development was limited. Few would have imagined that four decades later the country’s economic output would be measured in the trillions of dollars.
Today the economy is estimated at roughly $1.5 trillion, a transformation – driven largely by offshore petroleum discoveries just over a decade ago – that reshaped both expectations and fiscal capacity. In a remarkably short period, the country has moved from harsh scarcity to the paradox of abundance.
Yet economic expansion does not automatically resolve the deeper questions of governance and accountability. Indeed, it often magnifies them. A striking illustration of this transformation lies in the public accounts themselves. The fiscal deficit projected for 2026 is larger than the entire national budget of 1986. That single comparison captures both the extraordinary growth of the economy and the expanding scale of the state’s financial commitments.
An unusual institutional development deserves notice. For the first time in Guyana’s post-independence history, responsibility for the nation’s finances has not been assigned to a separate Minister of Finance. However long-titled Dr. Ashni Singh’s designation might be, the portfolio remains with President Irfaan Ali, departing from long-standing administrative practice. The reasons were never clearly explained. At a time when public finances have expanded dramatically, concentrating fiscal authority in the executive inevitably raises questions about motive, institutional balance and oversight.
There is also a paradox that deserves reflection. The current administration came to office with what many regarded as one of the most academically accomplished economic leadership teams in the country’s history. Yet outcomes in several areas raise uncomfortable questions. Years after the completion of field work, the report on the 2022 national census is still outstanding. Long-standing structural challenges at the National Insurance Scheme appear to have deepened rather than eased. And in an economy experiencing unprecedented inflows of foreign earnings, complaints about the scarcity of foreign exchange continue to surface within the business community.
The contrast between the promise of technical expertise of Dr. Singh and the persistence of these difficulties, illustrates how economic management ultimately depends not only on credentials, but on the effectiveness of individuals, institutions and policy execution. Indeed, growth has also been accompanied by persistent concerns about the management of public resources. Over the years, observers have increasingly remarked on the pervasiveness with which corruption is alleged to have entered public life. What once appeared episodic now seems, to many citizens, more open and institutionalised.
Large and ambitious undertakings – among them the proposed development of Silica City and the gas-to-shore project – have been promoted as symbols of national ambition. Yet, their costs, their financing arrangements, their priorities, and their long-term economic justification are mired in obfuscation and opacity.
Fiscal policy itself has also evolved in notable ways over the past four decades. Personal income rates were dizzyingly high, reaching a combined marginal rate of 75%. Estate duty, sometimes referred to as Death Duties, formed part of the fiscal regime that had existed since income tax was first introduced in 1929. Except in the CIA inspired action against the 1962 tax measures introduced by the Cheddi Jagan premiership, most Guyanese grudgingly met their obligations.
Over the life of Sunday Stabroek, tax rates have tumbled, while some taxes have disappeared altogether. Capital taxes on death have vanished from the system, and more recently the wealth-related levy known as property tax for individuals, has effectively faded from relevance. At the same time, businesses and their leaders routinely advocate additional relief and concessions as “measures to stimulate investment and growth”.
Such developments raise legitimate questions about balance within the fiscal framework. A state with expanding expenditure obligations must also maintain a revenue system that is transparent, equitable, and sustainable. Otherwise, the burden of financing development shifts in ways that may prove difficult to sustain over time.
One area that has received remarkably little attention is the steady decline of the labour movement. Institutions such as the Trades Union Congress and the Guyana Public Service Union appear weaker and less effective than at any time since the colonial era. Leadership has too often placed politics ahead of membership, and the purchasing power of the minimum wage seems to bear a striking relationship to the quality of labour leadership.
These are precisely the types of issues that newspapers have traditionally examined. One of the enduring contributions of Stabroek News was its willingness to provide space for economic commentary that explored not only the promise of growth but also the institutional challenges that accompany it.
No reflection on this moment would be complete without acknowledging the role that Stabroek News played in holding the nation to account. That task was not always welcomed. At various moments, the newspaper faced pressures – political, commercial and financial – that might well have weakened a less determined institution. Yet it persisted in asking questions, examining public decisions and providing a forum where issues of national importance could be debated openly.
Particular recognition must go to the newspaper’s Editor-in-Chief, Anand Persaud, whose stewardship in recent years has required an extraordinary range of responsibilities. In many respects he has carried forward the demanding editorial tradition established by the newspaper’s founder, David de Caires, while simultaneously assuming functions that were once shared among several senior figures in the newsroom. That continuity of purpose has been essential in preserving the paper’s distinctive voice.
Equally deserving of recognition are the many individuals whose work rarely appeared in print, but whose dedication ensured that the newspaper reached its readers day after day. The production staff who kept the presses running through long nights, particularly after the paper moved to a seven-day schedule, demonstrated a level of commitment and resourcefulness that is seldom fully appreciated outside the walls of a newsroom.
Since the announcement of the newspaper’s closure, tributes from readers, writers and columnists have poured in – many eloquent, some deeply emotional, others personal, and a few that brought tears to the eyes. Together they testify to the quiet but profound place the newspaper has occupied in the intellectual and civic life of the country. Those tributes speak for themselves, and one can only join in endorsing the appreciation they express for the many people who sustained this institution over the years.
As the final issue rolls off the expertly maintained press, the national ledger which Stabroek News helped to maintain remains far from settled. The economic story of Guyana continues to unfold, shaped by decisions about governance, fiscal discipline and public accountability. One ledger may close with this edition.
The larger ledger, the one that records how Guyana manages its wealth, builds its institutions and governs itself, remains very much open.
Every man, woman and child must become oil-minded
Column # 178
Column Title: The Exxon Audit Dispute: Two Fundamental Errors
One of the last substantive reports carried by Stabroek News before the company entered liquidation dealt with the continuing dispute between the Government of Guyana and ExxonMobil over the appointment of a Sole Expert to determine the US$214 million in costs questioned in the IHS Markit audit. Normally, this is precisely the type of issue I would address in my regular column in that newspaper. Two fundamental issues arise from the report: how disputed audit issues are to be resolved in the absence of agreement, and where responsibility lies for the audit provided for in the Agreement.
With Stabroek News no longer available, I will address these and future matters in this personal blog, available for free use by any person with due attribution. For purposes of continuity, I will treat this as column 178.
Resolving audit issues
The Agreement itself sets out a clear process for dealing with disputes arising from the audit allowed under the 2016 Agreement. The audit is conducted on behalf of the Government under the authority of the Minister responsible for petroleum. Once the audit is completed, the Minister communicates its findings to the Contractor, identifying those costs that are questioned or disallowed and inviting a response within the prescribed time frame. During that period the parties exchange correspondence and attempt to reconcile any differences. Only if those efforts fail does the dispute move to the next stage.
That stage is the appointment of a Sole Expert.
The report suggests that ExxonMobil is insisting on the appointment of a particular expert. The Agreement simply does not allow this. The Sole Expert must be appointed by agreement between the parties, and if the parties cannot agree within the specified period after notice proposing the appointment, the appointment is to be made by the International Chamber of Commerce in accordance with its Rules for the Appointment of Experts and Neutrals.
In other words, neither party has the right to impose its own nominee. The requirement that the expert be independent and impartial makes it all the more troubling if the individual proposed by one side has previously carried out assignments for that same party.
The second error is the Government’s apparent decision to place responsibility for the audit in the hands of the Guyana Revenue Authority. That approach conflates two entirely different legal regimes.
The GRA is by statute required to administer the tax laws, including carrying out a tax audit. The audit under the Agreement is not a tax audit. It is a contractual audit carried out under the Petroleum Agreement. Article 23 expressly gives the Minister the right to audit the accounting records of the Contractor relating to petroleum operations in accordance with the Accounting Procedure set out in the Agreement.
To place the GRA at the centre of the present dispute blurs a distinction that should be obvious. The audit under the Agreement is the responsibility of the Government acting through the Minister responsible for petroleum. It is that authority which must assert the Government’s position and defend its findings under the Agreement.
But the Government and President Ali seem afraid to speak to Exxon as a sovereign power. President Irfaan Ali recently hosted senior ExxonMobil executives at State House at public expense. President Ali must understand that the company is frustrating the audit process by attempting to dictate the choice of Sole Expert. He should have used the opportunity to state Government’s position plainly: that ExxonMobil must respect and conform with the terms of the 2016 Petroleum Agreement.
The two issues ultimately are ultimately one of institutional responsibility. The State signed the Petroleum Agreement. It the State, acting through the Minister responsible for petroleum, that must assert and defend its rights under that Agreement. Those responsibilities cannot be outsourced or quietly shifted to another agency simply because the Government is afraid to displease Exxon.
The Government must use the provisions of the Agreement without fear or favour. Anything less risks reinforcing the perception that the Ali Administration is too weak and scared to represent the national interest.
There is something profoundly troubling – indeed heartbreaking – about watching the National Insurance Scheme report what appears to be a dramatic financial turnaround while, at the same time, the attitude of both the Government and the Scheme towards pensioners appears to be hardening.
For years the NIS was regarded as financially fragile. Successive actuarial reviews warned about deficits and long-term sustainability. The national conversation about the Scheme was dominated by concern about whether it could meet its obligations in the future.
Today that picture is beginning to change.
Employment has expanded, contributions have increased, and the structure of the economy itself has altered significantly. The emergence of the oil and gas sector has introduced into the system a group of relatively young, highly paid contributors, many of whom earn well above the insurable earnings ceiling. Many of these workers may spend only limited periods in insurable employment in Guyana before moving elsewhere in the international labour market. They are replaced by equally highly paid workers.
It is the kind of situation of which most fund managers can only dream. From the perspective of the Scheme’s finances, this is a financial windfall from above. Contributions increase while both short and long-term benefit obligations associated with many of those contributors will never materialise. The results are already visible. The Scheme has begun reporting improved financial outcomes, including a return to surpluses after years of concern about deficits. Losses of hundreds of millions are now converted into billions in annual surpluses.
Yet, as the financial fortunes of the Scheme improve, the treatment of pensioners appears to be moving in the opposite direction. Whether it is inertia or bad will actual and potential pensioners lose out. The Government adjusts the minimum pension only reluctantly and belatedly. The first full year of oil production saw the minimum pension increased from $32,100 to $35,000 per month. It remained there for four years after which it moved to $43,075 per month.
Meanwhile, cost of living moved up, and up and up.
The harshness directed at the thousands were tragically directed at those who sought to stand up for their rights. Here are three cases of which I am painfully aware.
The first concerns the carpenter whose employer deducted National Insurance contributions from his wages but failed to remit them fully to the Scheme. When he applied for his pension, the claim was refused. He successfully challenged the decision and took the matter to court, but his victory proved short lived. One might reasonably have expected the matter to end there. It was the only time ever that the NIS appealed such a decision. The word is that the Government compelled the NIS to appeal the case and to ask that the decision be stayed. No money for Borther Zainul. He is still waiting, even as his health deteriorates. The Government’s excuse: that allowing the claim might create a precedent and “open the floodgates.”
The second case reflects a different but equally painful reality. A pensioner who believed that she had satisfied the statutory requirement of 750 contributions was informed that she was short by four contributions.
Four contributions out of seven hundred and fifty.
After months of struggle, she eventually instructed that the case be withdrawn. In explaining her decision, she wrote that she was not withdrawing the claim because she believed she was wrong. She was doing so because the process had exhausted her. The delays, the resistance and the strain of the struggle had taken a serious toll on her health and peace of mind. At her stage of life, she simply no longer had the strength to continue fighting the system.
The third case may be the most tragic of all. An appeal concerning pension entitlement was filed in 2010. It was not heard until 2023 – Thirteen years later. The delay was not attributable to the claimant. When the Appeal Tribunal eventually ruled in his favour, one might have expected the long ordeal finally to end.
Instead, the implementation of the decision itself has been delayed. Today the claimant still waits for the benefits which the Tribunal determined he is entitled to receive.
In the meantime, he has been diagnosed with cancer. He is in his late eighties. Now he wonders if his surviving nephew who cares for him will be able to continue his claim!
These are not merely administrative cases. They are human stories. Three pensioners. One who won in court but still cannot obtain his pension. One who abandoned her claim because the struggle became unbearable. And the last one who waited thirteen years for justice and now waits again while battling a life-threatening illness.
These cases raise an uncomfortable truth. It is easier in this country to obtain a tax refund than to prevail against the callous National Insurance Scheme administration. But the Government is no better – and probably worse. My messages and email to President Ali are ignored. That it seems is because they care.
The National Insurance Scheme was created as a social insurance institution. Its purpose was to provide security in old age to workers who had contributed during their productive years. It was never intended to become an adversarial institution engaged in prolonged struggles with pensioners.
These examples are about cruelty and callousness. In a country newly enriched by oil, it is especially difficult to justify.