BD to submit ‘Amended Memorial on Damages’ to ICSID for reparation

Bangladesh will submit an 'Amended Memorial on Damages' of two gas blowouts in Chattak Gas field in Sunamganj to the International Centre for Settlement of Investment Disputes (ICSID) on September 7 this year.
In line with the ICSID verdict, Petrobangla, the state-owned oil and gas corporation, will submit the memorial before the court to get final verdict from the tribunal. However, Bangladesh has engaged US-based law firm Foley Hoag LLP to assess the loss and damage issues of the blowouts, they have submitted a report by this time.
"We are preparing the 'Draft' of the memorial right now, we are updating the Foley's report in line with the ICSID's demand, as the report was two years back and missed many issues related with the environment and livelihood of the people of that locality," Petrobangla's lawyer Barrister Moin Ghani told the Daily observer on Sunday.
According to him, Niko will also give a submission  
    before the tribunal on the same day, as per schedule, ICSID will give its decision by January 2021 and accordingly the final hearing would start in July 2021, Moin Ghani said.
He said Bangladesh will realise compensation from Niko for the loss the country incurred for rehabilitation of people from the affected areas and health, land and environment related losses.
He said, "Foley Hoag LLP submitted a report in 2016, the Ministry of Energy has also submitted a report and there is another report from the rights group. We are accommodating all aspects and issues here in line with the ICSID's verdict," the lawyer said.
According to our local correspondent, gas bubbles can still be seen at Chattak coming out of the water in the ponds of the adjacent areas although 15 years have passed since the massive fire engulfed the gas field.
"The earth around the gas field lost fertility, the area has become barren, with no new plants growing and ponds that are without fish or microorganisms. Moreover, the local people are the main sufferers of these adverse effects, and are living with serious health risks due to the still uncontrolled outflow of gas, surrounding the Tengratila Gas Field in Doawrabazar upazila of Sunamganj," a government report described the scene of the locality in that way.
A government investigation team found that nearly a 10km area was affected by the gas blasts.
The Tengratila Gas Field caught fire twice following the explosions on January 5 and June 24 in 2005, when Canadian gas company Niko was conducting a drilling operation in the well. According to eyewitnesses and locals, hundreds of flower and vegetable plantations, and ponds spanning 3,000 acres of land, were destroyed suddenly at the moment.
Nearly ten villages in the Tenratila, Azabpur, Girishnagar, Islampur, Bhujna, Alipur and Shantipur areas were damaged in the fire. Since then, villagers have been experiencing various diseases like breathing difficulties, heart disease and dermatitis. Gas extraction in the Tengratila field remains suspended since the explosion occurred.
Local Civil Surgeon office sources said, according to a report published in August 2016 on the health impact of the gas explosion, a total of 129 people were hit by various diseases including:45 people with breathing difficulties, 22 with heart disease, 36 with dermatitis and 22 with other ailments. In reality, the number of people affected by these diseases is much higher. People in the area have also experienced other health issues like dry hands and loss of hair.
Agriculture and fishery businesses in the area had also been greatly hampered in the aftermath of the Tengratila gas explosion.          
Barrister Moin Ghani told this correspondent that it was a long way�after a decade long legal battle, the WB tribunal gave the verdict in February in favour of us (Bangladesh), however, the tribunal will now conduct further proceedings to determine the amount of compensation Niko must pay.
He termed it as a victory saying that the ICSID's decision has finally ended Niko's 10-year-long effort to have an international tribunal declare that it was not liable for the blowout caused in 2005.
"There is no appeal against this decision and the final award is to be issued after the next phase of the case. But Niko can seek annulment of the final award from ICSID on very limited grounds," he added.
The verdict will pave the way for the government to realise compensation from Niko for the damages caused by the blowout accident in Chattak Gas Field, said Barrister Moin Ghoni, the counsel of state-run Petrobangla.