UN sends case to International Court of Justice for settlement

After years of mediation, the United Nations (UN) has finally moved to send the ongoing border controversy between Guyana and neighbouring Venezuela to the International Court of Justice (ICJ); an outcome which Guyana has long been calling for.

This was confirmed by both the UN and Guyana’s Foreign Affairs Ministry, which on Tuesday hailed the move as a welcomed one.
According to the UN’s Spokesperson, Stephane Dujarric, the decision came after careful analysis of the good offices process.
Dujarric explained in a statement that enough progress was not made towards a solution on the controversy. 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. In addition, the Secretary General also committed to accompanying both Guyana and Venezuela in their bid to settle their differences.

Welcomed move
In an address to the nation on the issue, President David Granger welcomed the Secretary General’s decision to refer the matter to the world court. According to Granger, “Guyana remains confident in the correctness of its case (and) looks forward to the reaffirmation of the validity of the 1899 Arbitral Award before the (ICJ).”
The Head of State reminded that Guyana’s position has always been that the basis of the controversy is a legal question and as such, should be resolved peacefully and conclusively through a legal process.

“Guyana will take all the necessary steps to ensure that its national patrimony will be protected for all time. Guyana remains committed to the peaceful settlement of disputes, respect for international agreements and treaties and to maintaining friendly relations with its neighbours,” Granger said.
Guyana, the Head of State noted, will pursue the path ahead in furtherance of the preservation of its sovereignty and territorial integrity with quiet confidence and with the assurance in ever improving relations with its neighbours, Brazil, Suriname and Venezuela.
Meanwhile, the Foreign Affairs Ministry in a statement hailed the referral of the matter to the ICJ. The Ministry stressed that it would not let extraneous factors hinder the case; but would continue to advance peaceful relations with Venezuela.
According to the Ministry, Guyana’s reliance on the rule of law supports its national sovereignty. It pointed that despite the inequalities between the two countries, Guyana has stood its ground on the side of the law.

Controversy
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.
In fact, Venezuela’s National Assembly had approved an agreement to reject the oil exploration activities in March 2017. Venezuela had claimed the entire territorial sea of Guyana by means of the Leoni Decree in 1968.
In 2015, the Government of Guyana requested then UN Secretary General Ban Ki-moon to take steps toward resolving the controversy. In 2016, as a consequence of a stalemate on the matter, the outgoing Ban Ki-moon agreed with his successor, António Guterres, to continue to use the Good Offices Process until the end of 2017 as a means of arriving at a settlement.
It is with that intention that Guterres appointed special representative to Guyana Dag Halvor Nylander as an envoy to resolve the border spat. According to the mandate of the Personal Representative, if, by the end of 2017, the Secretary General concludes that “no significant progress has been made toward arriving at a full agreement for the solution of the controversy, he will choose the International Court of Justice as the next means of settlement, unless the Governments of Guyana and Venezuela jointly request that he refrain from doing so.”
In a previous statement on the matter, the Foreign Affairs Ministry had noted that this referral does not require Venezuela’s approval beyond what is allotted in the 1966 Geneva agreement.
Guyana will now have to get lawyers to present its case on the international front. (Jarryl Bryan)