The government and the opposition joined forces yesterday to unanimously approve a parliamentary motion rejecting a Venezuelan referendum on December 3rd which is seen as tantamount to the annexation of Essequibo with Prime Minister Mark Phillips saying that the Guyana will not succumb to the tyranny and intimidatory tactics of Caracas.
“The time for negotiation is over. There will be no need for dialogue with Nicholas Maduro. There will be no meeting between Maduro and President Dr Irfaan Ali. Essequibo is no Bird Island (ceded by Dominica to Venezuela), no concessions through bilaterals. No to invasion, annexation, and other acts of aggression,” the prime minister declared emphatically in the presence of members of the diplomatic corps, senior public servants and schoolchildren.
He made these remarks during an extraordinary sitting of the National Assembly on a motion which reaffirmed recognition of the 1899 Arbitral Award which settled borders between the two countries and affirmed that Essequibo was part of Guyana’s territory.
Phillips, the Leader of the House for Government Business, said that “Guyana remains steadfast in resorting to a peaceful solution as this matter is before the ICJ (International Court of Justice), and we know that this court will ensure that the principles of international law are followed”.
“We have noted the aggression from the Venezuelan government to this point we will not allow our nation’s sovereignty to be undermined”.
“Let the ICJ rule. Let the ICJ be the judge and deliver a final judgment on this controversy. Essequibo belongs to Guyana and Guyanese only. Together, we will secure the triumph of justice and preserve our nation’s sovereignty,” he added.
Leader of the Opposition Aubrey Norton in endorsement of the motion said that “We have arrived at the point where Venezuela through the device of a referendum is seeking to make a naked attempt to annex Essequibo”.
The Opposition Leader posited that “this Referendum and the mobilizing of troops on our border by the Maduro administration is an attempt to regain popularity and appease a volatile people, and end the apparent erosion among his political bases. This is a dangerous game.
“What happens if Maduro gets the `Yes’ vote which he and his top officials are campaigning for? What does he do before or after he wins the elections next year? He might decide to take direct military action using a potential fifth column in our midst. Whatever happens in this neighbouring state we must be prepared.
“This opportunity must be taken to condemn the attempt by Venezuela to withdraw from the judicial process under the guise of a referendum. The peaceful settlement of the Controversy demands that Venezuela adhere to international law and mores. Permit me to also register our support for the decision to approach the ICJ for provisional measures against the convening of that sinister referendum”.
Earlier, he added: “Might I say, we must not tire of learning about this threat. The background history must become our catechism. We must understand and inwardly digest the fact that all we have achieved, indeed our way of life, is threatened by the persistent greed of our Western neighbor. This is a threat like no other. Venezuela seeks our entire Essequibo region, our richest county”.
He praised the army, the police force and all Guyanese who have over the years offered their services and worked with the government of Guyana to oppose Venezuelan aggression against our state.
“I mean every soldier, every constable, those who might have stood at lonely guard at Eteringbang, and those who might have had to make sacrifices to serve. The nation must thank them. I also must not forget the Ministry of Foreign Affairs which over the duration of our history, has worked sometimes beyond the call of duty, to defend this country of ours”, he stated.
Minister of Foreign Affairs Hugh Todd told the National Assembly that “We are extremely patient and respectful with Venezuela; this country has displayed tyranny and has always been the state that was devoid of any respect for the sanctity of treaties and agreements.
“It is clear in every section and in every phase in our history, that Venezuela has been on the wrong side of international law”.
According to the subject minister, Guyana has been an exemplar in relation to its respect for international law.
“We are on the right side of history and we are on the right side of international law” he exclaimed.
“We are adamant that the International Court of Justice and the world will support us through this fight for what is rightfully ours, Venezuela is the only country in the region who is threatening that peace and that must not happen now because as a region we are on the verge of development”.
Todd rapped the Venezuelan Government for misleading global leaders on the current territorial controversy, though the situation is currently up for resolution before the ICJ.
The Minister also informed that “The Venezuelan Government has recently discredited the partnership between Guyana and Washington, which we have noted. I assure you that relationships are mutual and we will not allow the South American country to destroy the relations we share with our counterparts in the US.
“They have also attempted to mislead the world that it is desirous of dialogue and an amicable solution when in fact both (Guyana and Venezuela) have for decades engaged in dialogue which amounted to nothing”, he stated.
“It’s time that they stop, no matter how they try they cannot and will never hinder progress, because the 1966 Geneva Agreement proves it all, the respect for international law must be revered.
“This is not going to happen, we will not allow Venezuela to infringe on our arbitrary rights, this matter has been settled many decades ago and they have agreed then that they abide by these principles outlined in the 1966 Geneva Agreement.
“Venezuela continuously accuses Guyana of reneging on the Geneva Agreement 1966 when in actuality they are but Mr Speaker, we are aware that the country has embarked on an intimidatory tactic through this referendum but we are not afraid we will stand for what is rightfully ours.
“International Law deems that the agreed or established boundaries are sacrosanct and permanent. It is regrettable that the Bolivarian Republic of Venezuela has continued for decades on a path that is in direct confrontation with this fundamental principle which has been steadfastly upheld by the International Court of Justice”, the asserted.
Todd informed the National Assembly that the government will continuously maintain its territorial sovereignty as Caracas has lately been bolstering military forces on Guyana’s borders.
Monitoring
Against this background he assured that the government is monitoring every move of the Venezuelan Government and urged that at no point should fear be displayed during these circumstances.
Todd said that he is appreciative of the overwhelming support from many CARICOM and Commonwealth counterparts during this escalation of tensions by Caracas.
He noted that his administration is cognizant that the Venezuelan Government is trying to cause chaos and trepidation in the region which shouldn’t be taken likely but on the same hand will not succeed.
“We will not fall to their antagonism, but we’ll stand on the right side of history and international law, “ Todd concluded.
Last week Friday, the ICJ said that it will hold public hearings on November 14 on Guyana’s request for provisional measures related to the referendum planned by Venezuela on December 3 on Essequibo which is the substance of a case currently being heard by the Holland-based tribunal.
Five questions
The five questions being asked at the Venezuelan referendum are:
Do you agree to reject by all means in accordance with the law the line fraudulently imposed by the Paris Arbitration Award of 1899 that seeks to deprive us of our Guayana Esequiba?
Do you support the 1966 Geneva Agreement as the only valid legal instrument to reach a practical and satisfactory solution for Venezuela and Guyana regarding the controversy over the territory of Guayana Esequiba?
Do you agree with Venezuela’s historical position of not recognizing the jurisdiction of the International Court of Justice to resolve the territorial controversy over Guayana Esequiba?
Do you agree to oppose by all means in accordance with the law Guyana’s claim to unilaterally dispose of a sea pending delimitation illegally and in violation of international law?
Do you agree with the creation of the Guayana Esequiba state and the development of an accelerated plan for the comprehensive care of the current and future population of that territory that includes, among others, the granting of citizenship and Venezuelan identity card in accordance with the Geneva Agreement and international law, consequently incorporating said state on the map of Venezuelan territory?
On October 30, Guyana requested the Court to indicate the following provisional measures:
1. Venezuela shall not proceed with the Consultative Referendum planned for 3 December 2023 in its present form;
“2. In particular, Venezuela shall not include the First, Third or Fifth questions in the Consultative Referendum;
“3. Nor shall Venezuela include within the ‘Consultative Referendum’ planned, or any other public referendum, any question encroaching upon the legal issues to be determined by the Court in its Judgment on the Merits, including (but not limited to):
“a. the legal validity and binding effect of the 1899 Award;
“b. sovereignty over the territory between the Essequibo River, and the boundary established by the 1899 Award and the 1905 Agreement; and
“c. the purported creation of the State of ‘Guayana Esequiba’ and any associated measures, including the granting of Venezuelan citizenship and national identity cards.”
Minister of Parliamentary Affairs and Governance Gail Teixeira in her contribution yesterday called on Venezuelans to reject their country’s planned December 3, 2023 referendum, stating that this process will only bring greater harm.
“Through the referendum, the Nicolas Maduro government will seek the support of citizens in continuation of its claim of Guyana’s Essequibo region”, she admonished.
Teixeira said that relations with Venezuela are perhaps at their “worst and most menacing.”
“I call on the hardworking Venezuelan people to reject questions three and five of the referendum… I believe the Venezuelan people are capable of reading through the lines and this decision they are asked to make would not bring greater benefits to their lives, in fact it will bring greater harm.
“We just have to look at the world right now and see the destruction that annexation unilaterally does”, she warned.
The Minister also noted that there are many in Venezuela who do not agree with their government’s aggressions towards Guyana and claim of the Essequibo region.
Citizens here were urged not to embrace xenophobia even as Guyana fights off the Venezuelan claim to Guyana’s land.
“We must be on the side of righteousness and justice not on the side of bullyism and threats. We hope that the Venezuelan government will see the light,” Teixeira said.
Teixeira said the speed at which the International Court of Justice is dealing with this referendum should not go unnoticed and should serve as an indication of how seriously the border controversy is being treated.
APNU+AFC MP Amanza Walton-Desir in her delivery said: “We must establish a robust, continuous education programme which will engender patriotism… The urgency of the situation demands that no effort must be spared to light the fire of patriotism in every man, woman and child”.
The shadow foreign affairs minister posited that Venezuelans have grown up under the wrongful assumption that the Essequibo region belongs to them and not Guyana. Wary of more aggressive actions now, including the possibility of the annexing of Essequibo, Walton- Desir said Guyanese must be better educated on the longstanding controversy and all the efforts that have gone into getting a peaceful resolution.
During a recent meeting between President Irfaan Ali and Opposition Leader Norton, it was agreed that a national education campaign is necessary.
APNU+AFC MP and Alliance for Change Leader Khemraj Ramjattan in support of the motion reiterated that Essequibo belongs to Guyana and at no point will Guyana fall prey to the country’s spurious claims.
“Mr Speaker, they (The Venezuelan Government) are behaving extraordinarily irrational and this shouldn’t be taken for granted, however we must take into consideration that this situation can impact the political and economic sphere in Guyana and even neighbouring Brazil and Suriname”, Ramjattan admonished.
While the PPP/C Administration remains optimistic that Guyana’s borders are secure despite the reports of the increased presence of the Venezuelan military, the former public security minister urged that the government must not take the tyrannical behaviour of its neighbour lightly.
Ramjattan made it clear that in wake of Guyana’s recent oil discoveries, Venezuela due to its economic crisis is using the referendum as an opportunity to bully its way into Essequibo and hoping to benefit from Guyana’s oil resources.
He concluded that the Government and Opposition remain united in promoting and sustaining the sovereignty of Guyana’s territory as the nation awaits an amicable solution to this controversy.
Meanwhile Minister of Legal Affairs and Attorney General Anil Nandlall noted that Venezuela’s referendum on Guyana’s Essequibo can be interpreted as an attempt to “defeat” the purpose of the International Court of Justice (ICJ) and the litigation that is now before it seeking affirmation of the 1899 arbitral ruling as a final settlement of the boundary between the two countries.
“Anyone familiar with the curial process would know that a party in a litigation has a right to seek appropriate legal remedies, if the other party in the litigation is taking steps that can defeat, compromise or render negatory, the legal proceedings itself and/or its final outcome.
“Guyana is of the considered view, that the impending referendum slated for the 3rd of December, 2023 is intended to and will compromise the legal proceedings pending at the International Court of Justice, if not subvert the legal process altogether and prejudice its outcome,” Nandlall posited
He reminded the National Assembly that what Guyana is ultimately seeking from the ICJ is affirmation that the 1899 Arbitral Award which established the boundary between itself and Venezuela is valid. Guyana believes that an ICJ ruling will be final and binding, settling the decades-long controversy once and for all.
“It is for this reason Guyana rejects the referendum and is asking the ICJ to repudiate this”, he said.
Meanwhile, APNU+AFC MP Roysdale Forde also echoed the Opposition’s support for the moves to settle the controversy at the ICJ.
According to him, Guyana only wants to defend what belongs to it.
“We stand united and all Guyanese are united on the fact that Essequibo belongs to Guyana,” Forde said.
Deputy Speaker and MP for the list joinder parties, Dr Asha Kissoon, also in support of the motion said “ that the Venezuelan Government continues to show disrespect towards the statutes of international law and must be condemned by all means”.
Kissoon believes that the planned December 3, 2023 referendum is a tactic being used by the Maduro government in Venezuela to distract citizens from the country’s economic failures.
The Deputy Speaker said Guyana must not fall prey to these tactics as the country has been adhering to international procedures and laws to settle the boundary with Venezuela but it is that country that continues to aggressively challenge these procedures and international law.
On this note she threw her full support behind the government’s pursuit of a peaceful, final and binding ruling on the border at the ICJ and called on the international community to similarly support Guyana’s endeavours.
“We require our international partners to speak up and support Guyana as we stand on the side of the law,” Dr. Kissoon said.
Thus far Guyana has received overwhelming support from many foreign partners including the Organization of American States, the Commonwealth and CARICOM.
The debate ran from about 10 am to 6.30 pm.
The motion
The resolve clause of the motion yesterday read as follows:
BE IT RESOLVED that this National Assembly:
1. Affirms the sovereignty and territorial integrity of the State of the Cooperative Republic of Guyana;
2. Reaffirms its recognition and acceptance of the 1899 Arbitral Award as a “full, perfect and final” settlement of the boundary between Guyana and Venezuela and Article IV (2) of the 1966 Geneva Agreement as giving the mandate to the United Nations Secretary-General to select the means of resolving the controversy;
3. Denounces as provocative, unlawful, void, and of no international legal effect, the purported referendum in Venezuela that is scheduled for December 3, 2023;
4. Supports the Government in its pursuit to ensure a peaceful and lawful resolution of the controversy before the International Court of Justice and rejects the proposal to return to any form of dialogue with Venezuela on the controversy outside of the process before the Court;
5. Supports Government’s formal approach for the urgent protection of the International Court of Justice, with the filing with the Court a Request for Provisional Measures for an Order preventing Venezuela from taking any action to seize, acquire or encroach upon, or assert or exercise sovereignty over, the Essequibo Region or any other part of Guyana’s national territory, pending the Court’s final determination of the validity of the Arbitral Award.
6. Calls for the deepening of engagements among all national stakeholders on issues relating to the sovereignty and territorial integrity of the Cooperative Republic of Guyana, particularly within the context of the meetings of the bipartisan Ministerial Advisory Committee on the Guyana/Venezuela Controversy.
7. Encourages the citizens of Guyana to remain fully engaged on developments surrounding the controversy;
8. Expresses its appreciation to the partners and friends of the Cooperative Republic of Guyana for their support and expressions of affirmation of the sovereignty and territorial integrity of Guyana.
