In a formal response, Guyana has rejected Venezuela’s objections to regulations recently issued by Georgetown in connection with this country’s maritime zones.
The Maritime Zones (Internal Waters and River Closing Baselines) Regulations of July 23, 2015 which was announced by Minister of Foreign Affairs Carl Greenidge in the National Assembly on July 30 drew objections from Caracas on July 31st.
Greenidge had told the National Assembly that the government had enacted regulations to close the lines across the mouths of the three largest navigable rivers of Guyana, the Essequibo, Demerara and Berbice rivers. He said this was done in compliance with the United Nations Convention on the Law of the Sea (UNCLOS) and the Maritime Zones Act 2010 of Guyana. The regulations have been published in the Official Gazette.
Greenidge said that the baselines constitute a fundamental aspect of the regime of zones of jurisdiction established by the UNCLOS, since the breadth of the maritime zones under national jurisdiction is to be measured from the baselines. The baseline, he said, is also the line which establishes the outer limit of the international waters in which the state exercises its full sovereignty.
“It therefore means that the proper implementation of the baseline provisions of the Convention by coastal States through, inter alia, their national legislation, will play an important role in the achievement of an adequate balance between the maritime interests of coastal states and those of the international community,” the minister said.
Venezuela, which has embarked on an aggressive campaign to push its claim to Essequibo immediately objected. In a brief statement issued on July 31, Venezuela’s Ministry of Popular Power for Foreign Affairs said Caracas rejected the contents of the regulations.
“…the regulation places the Point 1 [7° 08 31.40” North and 58° 28’ 22.83” West], which aims to establish the western end of the straight baseline corresponding to the mouth of the Essequibo River in Venezuelan territory under dispute (sic) under the 1966 Geneva Agreement,” the Ministry statement said, while adding that a note of protest was sent to the Guyana government demanding an immediate correction.
The Guyana Government’s reply on August 4th rejected Venezuela’s contention.
“The Ministry wishes to remind the Ministry of the People’s Power for Foreign Affairs of Venezuela that the land boundary between Guyana and Venezuela was determined by the Arbitral Award of 1899. In agreeing to the establishment of the Arbitral tribunal, both the British and Venezuelan Governments had agreed in 1897 that the Award would be a full, perfect and final settlement of all the questions referred to the Arbitrators. Thus, as the Ministry of the Ministry of People’s Power of Foreign Affairs of Venezuela is well aware, tie Essequibo is an indivisible part of the territory of Guyana both in fact and in law.
“Consequently, the Ministry is unable to give any credence to the misguided protest of the Ministry of the People’s Power for Foreign Affairs of Venezuela regarding the fixing of the coordinates (7° 08’ 31.40” North 58 0 28’ 22.83” West) as Point 1 of a closing line. As the Bolivarian Republic of Venezuela is fully aware, the fixing of closing lines at the mouth of a river is exclusively the responsibility of the State that has sovereignty over that river and Guyana has always exercised sovereignty and exclusive jurisdiction over the Essequibo River”, the Note Verbale seen by Stabroek News said.
It said that contrary to the contention of the Ministry of the People’s Power for Foreign Affairs of Venezuela, no part of Essequibo is located in Venezuelan territory.
“Indeed, the Government of Guyana is unaware of any adjudication or treaty subsequent to 1899, which redefines the border between Guyana and Venezuela, or the status of the Essequibo region”, the statement said.
The Note Verbale said that equally troubling, is the suggestion that the Geneva Agreement of 1966, which seeks to provide a basis for settling the territorial controversy between Guyana and Venezuela, locates the western bank of the Essequibo River in Venezuelan territory.
“The Government of Guyana is unable to find any provision in the Geneva Agreement which supports this interpretation or the inference that Guyana is not free to exercise full sovereignty over any and all of the territory within its boundaries as defined by the 1899 Award and other internationally accepted legal instalments.
This is especially important in view of the recent expansion of the geographical areas claimed by Venezuela”, the Note Verbale said.
