Guyana preparing to mount strong legal defence

…Venezuela rejects decision to refer matter to ICJ

One day after the United Nations (UN) announced that it would be sending the border controversy between South American neighbours Guyana and Venezuela before the International Court of Justice (ICJ) for a judicial settlement, Venezuela has strongly rejected the move while Guyana’s President vowed to leave no stone unturned to secure a successful outcome for the Guyanese people by utilising all the resources necessary to adequately prepare for the case.
This is despite a statement by Nicolás Maduro Administration on Wednesday criticising the decision by the UN to refer the border controversy to the World Court, maintaining that the matter should be settled through the 1966 Geneva Agreement.

“The Government of the Bolivarian Republic of Venezuela, faithful to its historical tradition and in accordance with the Bolivarian Diplomacy of Peace, reiterates its firm disposition to defend the territorial integrity of our homeland and maintain political negotiation based on the 1966 Geneva Accord, as the only way to reach a peaceful solution, practical and satisfactory for both parties and in favour of our peoples,” a translated statement from the Bolivian Government outlines.
According to the Venezuelan Administration, the Geneva Agreement provides for a political settlement of the controversy between the neighbouring States, as it reiterates it strong opposition previously expressed on this means of settlement. The February 17, 1966 Agreement gave the UN Secretary General the responsibility to choose a means of peaceful resolution of the dispute and the possibility of finding another way in case it does not succeed.
“The Secretary General’s communication goes beyond the successive nature of the means of peaceful settlement established by the Geneva Agreement as a methodology established to reach an acceptable, practical and satisfactory solution to the dispute…The Geneva Agreement itself provides for the political means for the settlement of the territorial dispute. In this sense, Venezuela ratifies in a decisive and unequivocal manner the negotiation process under these means,” it added.
The missive from Caracas went on to detail that during 2017, Venezuela maintained its historical position in the process of good offices of the UN Secretary General, privileging the high national interest and the permanent vindication of the legitimate and inalienable rights of the Venezuelan people over the territory of Essequibo, which the neighbouring State refers to as “Guayana Esequiba”.
Guyana’s preparations
But President David Granger maintains that Venezuela has no legitimate claim to any part of Guyana’s territory. He was adamant that the borders of the two countries were agreed upon and settled via the indisputable 1899 award.
He has also stated that Government intends to retain the “best advice” and “best legal support” for which it will be expending every legal resources to ensure that it has a “proper” defence team to finally settle the issue.
“We are taking one step at a time and we are definitely going to use every legal resource to mobilise funds to ensure that we are properly represented in the ICJ,” he told media operatives on Wednesday when asked about Guyana’s preparation in terms of its legal team.
Already Government has bargained with United States oil giant, ExxonMobil, for a US$18 million signing bonus, which it said would be used as legal fees for the defence team, which will be comprised of both local and overseas lawyers, that it plans to retain.
However, there were controversies surrounding the money since Government initially lied about receiving it over a year ago, and then it was revealed that they placed it into a special account at Central Bank instead of the Consolidated Fund, as is legally required. This has caused much public uproar with local watchdog, Transparency International Guyana Inc (TIGI) filing legal proceedings to have the money moved into the State’s coffers.
Finance Minister Winston Jordan had said last month that when the border controversy is sent to the World’s Court, Government would move the monies into the Consolidated Fund before making use of it.
Since Venezuela’s renewed claim to Guyana’s territory back in 2015, the coalition Government has maintained that the issue is a legal one and needed to be settled via a legal process.
After some two years of mediation, the UN on Tuesday announced in a statement that it has sent the matter to the ICJ after careful analysis of the good offices process. According to the UN’s Spokesperson, Stephane Dujarric, enough progress was not made towards a solution on the controversy and as a result, UN Secretary General Antonio Guterres referred the matter to the ICJ. This is in accordance with the framework left by his predecessor, Ban Ki-moon. However, Guterres did not rule out the continuation of the good offices process of the UN to complement court proceedings.
No more delays
In light of the UN’s long-awaited decision, the Guyana Government is aware that it will not be a swift process but is simultaneously hoping that there is not much more delay in having the case heard before the World Court since it has awaited almost 52 years to get to this stage.
“We are anxious to have this matter go before the court as quickly as possible, (but) it is not in our hands. The court of course, like any court, has procedures and we have to abide by those procedures. But I am happy that for the first time since Independence, we have reached this far and I’m very glad that the entire country is united behind this move. We are very confident that the award of the Tribunal in 1899 will be vindicated,” the President posited.
According to the Head of State, over the past two years development in the four regions along the Guyana/Venezuela border has been stymied as result of the territorial claim by the Spanish-speaking nation.
Nevertheless, President Granger is confident that the ICJ will find the border was correctly defined and demarcated since 1899 in the Arbitral Tribunal Award, which Venezuela is claiming is “null and void”. The Guyanese leader anticipates, however, that Guyana’s successful defence of its territorial integrity will not only boost local development but investors’ confidence in Guyana especially in light of the impending oil and gas production.
“(Investors) will like to know that they operate in a safe region in Guyana that is not under claim. Equally, our maritime space is a zone of extensive successful petroleum exploration so we feel that this is a good move for Guyana. The international community must know that the threat to Guyana’s territorial integrity will be removed by peaceful judicial means by the ICJ,” Granger asserted.
Moreover, President Granger posited that while Guyana has already been victim of atrocities by Venezuela, he is hoping that there would be not retaliation in light of this decision by the UN.
The border controversy gained new life when oil giant ExxonMobil announced in 2015 that it had found oil in Guyana. Venezuela has staunchly been against oil exploration in Guyana’s Stabroek Block, where multiple oil deposits were found by ExxonMobil, and has since laid claim to the Essequibo region, which represents two thirds Guyana’s territory.