Venezuela border controversy: Venezuela wants Guyana to return to talks with Caricom as mediator

…despite current ICJ case complies with Geneva Agreement Venezuela signed

Despite years of failed mediation under the good offices process under the auspices of the United Nations (UN), Venezuela now wants Guyana to return to the negotiation table over the Venezuela-Guyana border controversy.
Last week, Venezuela issued a communique that threatened Guyana and protested against Guyana’s efforts to auction its oil blocks, even though all the blocks are in Guyana’s sovereign territory.
President Dr Irfaan Ali issued a stern response in a video broadcast over the weekend, also announcing that he has since updated not only the Speaker of the House, Manzoor Nadir, but also Opposition Leader Aubrey Norton, on the Guyana v Venezuela controversy, as well as the support Guyana has gotten from the international community.
In a social media post, Venezuelan President Nicolás Maduro responded to President Ali and accused Guyana of jeopardising peace in the Region, despite the Spanish-speaking country initiating the controversy.
Maduro also proposed to President Ali that the two sides meet with the Caribbean Community (Caricom) as a mediator, to return to the Geneva Agreement of 1966 that affirmed the 1899 Arbitral Award.
Guyana has received consistent support from the international community. Support has come from the United States (US), Caricom, the Organisation of American States (OAS), and the Commonwealth.
In a statement on Saturday, the OAS had harsh words for the planned Venezuelan resolution. The OAS noted that the referendum would be illegal under the terms of the 1966 Geneva Agreement, affirming the 1899 Arbitral Award confirming Essequibo as part of Guyana. In the Caricom statement, the group expressed grave concern at the recent development in the Venezuelan National Assembly.
Meanwhile, Trinidad and Tobago (T&T) have concluded the long-stalled Dragon gas field agreement, which will see T&T developing a gas field in Venezuela’s territorial waters. The United States (US) Treasury Department had approved the licence since earlier this year. However, the agreement was only signed last week.
When the approval of the licence was first announced, it was explained that Trinidad will be working with Venezuelan State-owned company Petroleos de Venezuela (PDVSA). It had been said at the time that the Venezuelan regime of Nicolás Maduro would not receive any cash payments from the project, as remaining US sanctions would have still been in force.
US sanctions were imposed on Venezuela after Maduro returned to office in disputed 2018 elections where Opposition parties were banned from participating. Those sanctions require companies and Governments to obtain authorisation from the US Treasury Department before doing any business with PDVSA.
Guyana’s case against Venezuela is currently before the International Court of Justice (ICJ). However, the Spanish-speaking country has been seeking to block Guyana from having its substantive application before the ICJ heard, on spurious grounds that include its claims that the United Kingdom should have been made a party to the case, instead of Guyana. Venezuela has also claimed that the 1899 Arbitral Award is void due to what it claims was fraud committed by the UK at the time.
Guyana’s legal team is headed by Co-Agent and Counsel, Sir Shridath Ramphal, and includes a member of the Bars of the United States Supreme Court and the District of Columbia, Paul S Reichler; and Professor Emeritus of the University Paris Nanterre, former Chairman of the International Law Commission and member of the Institute de Droit International, Alain Pellet.
United Nations Secretary General António Guterres, in January 2018, decided that the case should be settled by the ICJ, after exercising the powers vested in him to decide how the controversy should be settled by the 1966 Geneva Agreement between Guyana, Venezuela, and the United Kingdom.
He resorted to judicial settlement after the good offices process between Guyana and Venezuela failed. Within the framework of the 1966 Geneva Agreement between the two countries, the Secretary General conducted good offices from 1990 to 2017 to find a solution to the border controversy.
Among other things, Guyana is asking the ICJ to adjudge and declare that the 1899 Award is valid and binding upon Guyana and Venezuela, that Venezuela is internationally responsible for violations of Guyana’s sovereignty and sovereign rights, and for all injuries suffered by Guyana as a consequence. (G3)