Dear Editor,

The fishermen of Bog Walk recall that December morning with vivid dread — a once-vibrant Rio Cobre, teeming with life, lay poisoned, its waters slick with oil. “Mi never see nothing like this before,” one lamented, as dead fish floated to the surface, signalling ecological devastation.

Nearly a year later, hope for justice seemed to swirl down the river’s polluted depths, caught in the undertow of bureaucracy and weak enforcement.

The mediation settlement agreement between Natural Resources Conservation Authority (NRCA), acting through the National Environment and Planning Agency (NEPA), and Trade Winds Citrus Limited (TWCL) marks what is perceived to be a baffling capitulation to corporate interests by agreeing to drop criminal charges against TWCL. This agreement, a product of mediation, has drawn ire for what many perceive as a failure to uphold Jamaica’s environmental laws and hold polluters accountable.

The charges against TWCL under Section 11 of the Wild Life Protection Act — a law designed to deter environmental harm — had the potential to set a precedent. Instead, the NRCA has chosen to settle the matter through a confidential agreement, effectively letting TWCL off the hook in exchange for vague commitments to “best environmental practices.”

But what exactly constitutes these “practices”? The agreement offers no detailed benchmarks or mechanisms for public accountability. TWCL’s promise to “collaborate” with NEPA and community groups is a hollow assurance. How will the public verify compliance? The absence of specific timelines, measurable goals, and enforcement measures renders this clause meaningless — a mere formality designed to appease public outcry while offering no substantive environmental protection.

From a legal standpoint, this agreement is a travesty. NEPA’s decision to withdraw from prosecution and secure a nolle prosequi undermines the deterrent effect of the law. The Wild Life Protection Act is clear about penalties for causing pollution yet NEPA has chosen to reduce the issue to a private negotiation. This undermines the principles of transparency and accountability fundamental to any legal system. By withdrawing from court proceedings, NEPA sends a dangerous message: Environmental crimes can be settled behind closed doors without fear of real consequences.

Moreover, the agreement’s confidentiality clauses further erode public trust. If NEPA truly acts in the public’s interest, why shroud the settlement in secrecy? The affected communities, whose livelihoods depend on the Rio Cobre, deserve to know the terms of this so-called resolution.

TWCL’s portrayal as an environmental steward is laughable. While the company has “ceased the use of heavy fuel oil”, this reactive measure does little to erase the damage already done. The narrative of TWCL as a responsible corporate citizen is a textbook example of greenwashing designed to divert attention from its culpability in the Rio Cobre disaster.

This settlement underscores NEPA’s chronic ineffectiveness. Charged with protecting Jamaica’s natural resources, NEPA has consistently fallen short of its mandate. Whether due to underfunding, political interference, or outright incompetence, the agency has become a paper tiger, issuing reports and recommendations without the will or capacity to enforce them.

The agreement’s provisions for confidentiality are particularly damning. By prioritising TWCL’s reputation over public transparency, NEPA betrays the very communities it is supposed to serve. How can Jamaicans trust an agency that operates in the shadows, seemingly shielding polluters from scrutiny?

This case must be a wake-up call for Jamaica’s environmental governance. NEPA must be restructured to function as an independent body with the resources and authority to enforce environmental laws effectively. Settlements like this one only embolden polluters and diminish public confidence in environmental protection.

Furthermore, the Wild Life Protection Act needs to be revisited to ensure that penalties are not only punitive but also restorative. Polluters must be held accountable to the fullest extent of the law, with mandatory reparation for environmental and community damage.

As the Rio Cobre struggles to recover, so too does the faith of Jamaicans in their institutions. The NRCA and NEPA had an opportunity to stand firm and deliver justice but chose instead to mediate failure into a settlement. The legacy of this decision will linger in the polluted waters of the Rio Cobre and the disillusioned hearts of those who once believed in the promise of a cleaner, greener Jamaica.

Janiel McEwan

janielmcewan17@gmail.com