Pressure Mounts On Kosmos

As Wacam, Catholic Bishops, Others Slam Company For Spilling Toxic Substances

… Want Fine Increased To $100,000

Wacam, the Dialogue and Advocacy for Good Governance of the Ghana Catholic Bishops’ Conference and some other ten Civil Society Organizations (CSOs) have condemned an attempt by Kosmos Energy to downplay a fine of GH¢40 million slapped on the company for negligently spilling toxic substances into Ghana’s marine waters.

In a stern tone, the CSOs called on government to stand its ground and even increase the fine to US$100 million.

Describing the action taken by Kosmos as “corporate impunity and arrogance,” the organizations questioned if Kosmos could scribble an insulting letter to its government in the US tagging it as unlawful like it did to the government of Ghana. “In our opinion, Kosmos Energy is rather the lawless company which negligently spilled poisonous chemicals into the marine environment of Ghana on three occasions in five months and attempted to conceal the truth about the pollution,” they contended.

In a shocking revelation, Wacam disclosed that the people of Half-Assini experienced the deaths of four whales in a matter of two weeks in August, this year.

“This, according to local people, is very unusual because dead whales are washed ashore in that area in an average of once in a generation. The people also claimed that some generations do not even experience the death of whales,” they said.

The condemnation was contained in a press release signed by Wacam, Center for Public Interest Law (CEPIL), Centre for Labour Rights and Community Service (CLARCS), Youth For Action Ghana and Dialogue Advocacy for Good Governance of the Ghana Catholic Bishops’ Conference Centre for Environmental Impact Analysis (CEIA).

The rest are Voices for Tomorrow Leaders Foundation (VOTOLEAF), Teberebie Concerned Farmers Association, Concerned Citizens Movement of Bonyere , Klo – Begoro Farmers Association ,Concerned Citizens Association of Prestea, Osagyefo Network for Rural Development(0SNERD) and Prof. Atta Britwum, a lecturer at the University of Cape Coast.

Copies of the statement have been sent to the Ministry of Environment, Science and Technology and the Attorney General and Minister of Justice.

In a publication carried by the Enquirer newspaper last week, Kosmos Energy, through its legal representatives, Bensti-Enchil, Letsa & Ankomah, attacked the government of Ghana, describing it as unlawful for imposing a fine on the company for spilling toxic material into Ghana’s marine waters.

The organizations cautioned that if this insult is left unchecked it will mean an attack on the presidency and by extension on the sovereignty of the Republic of Ghana and the people of Ghana.

They continued that Kosmos Energy must quickly be whipped into line to prevent a possible emulation by other companies in the extractive industries.

The CSOs argued that it is unable to understand Kosmos Energy’s refusal to pay the fine when the company openly admitted that it spilled toxic substances into the sea.

In a rather disgraceful manner, Kosmos Energy dwelt on the weaknesses in Ghana’s laws, with respect to oil spillages, as a basis for its position that the fine had no legal foundation, the statement noted.

Being an American company, Kosmos Energy was reminded that it is bonded by the US Organization of Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises, which requires that companies which operate outside their home countries behave in the same way as they would if they were to operate at home.

“By the spirit and letter of the OECD Guidelines for Multinational Enterprises, companies cannot use absence of regulations or weak regulations in developing countries to pollute the environment and violate national laws of host countries with impunity,” they stated.

“Stiffer penalty would have been imposed on Kosmos Energy if it had negligently spilled poisonous substances into the sea and made attempts to conceal the level of pollution in the US,” they added.