Guyana wants ICJ opinion on arbitral award – Greenidge

By Ariana Gordon
GUYANA remains resolute in its call for the International Court of Justice (ICJ) to pronounce on the status of the 1899 arbitral award on its boundary with Venezuela.

Foreign Affairs Minister Carl Greenidge told reporters at a press conference on Tuesday that while Guyana feels that the controversy can be settled only by the ICJ, it is cognisant of the fact that Venezuela could challenge the ICJ’s opinion, once not favourable to that country.

“If, for example, as we are suggesting, the SG (United Nations Secretary General) puts to the court – ‘give us an opinion on this matter’ – the court could do so without the agreement of Venezuela. If it is, however, that you are asking them to deal with a matter of substance, they would, as I understand, Venezuela’s concurrence will be required,” said Greenidge.

The Foreign Affairs Minister is of the view that should the ICJ present an opinion in Guyana’s favour, the entire world would be aware that Venezuela’s illegal claim to the Essequibo is unfounded. “The thing about an opinion in those circumstances (is that) it is only advisory. The value of it to Guyana is the world will see that, a legal exercise having been conducted, Venezuela’s claim is not supported,” he added.

The Foreign Minister reiterated that Venezuela has been unable to produce any evidence to support its contention that the 1899 Arbitral Tribunal Award was null and void. Greenidge, meanwhile, has said calls by former President Bharrat Jagdeo on government to have the UN involved in every aspect of the border controversy are not necessary. The Secretary General (SG) is an overseer of the Geneva Agreement.

“One has to be careful in trying to draw distinctions between the things we say in order to show that we either know more, or show that we are clever… Perhaps [it] is most effective in a political arena when dealing with domestic politics; but in the arena that faces us now, where you are facing a relentless and remorseless flow one has to be very, very careful about trying to split hairs where that may not help,” Minister Greenidge said.

Should the matter be sent to the ICJ, the UN would have no role to play. “The court is a definitive legal body in its own right. It pronounces on what it’s asked, and that should be the end of the process as regards the SG (Secretary General) and the court; but the decision itself may require action afterwards by the two sides or by one side,” the Foreign Affairs Minister cautioned.

Guyana, Greenidge said, is calling for a juridical settlement because government feels it is the country’s best bet on concluding the border controversy once and for all.

“We have been calling for a judicial resolution of the problem, the reason being that Venezuela has been arguing that the 1899 Award is null and void. For an award which is legal or quasi-legal to be deemed null and void, (it) requires a judicial decision,” Minister Greenidge said.

The Foreign Affairs head noted that the ICJ will decide, either by process or substance, whether some principles have been infringed.

“…in passing, he [SG] acknowledged that any solution to this problem would have to involve answering the question ‘Is this award null and void?’ Otherwise, there is no place to go; the problem will never be resolved. Venezuela has not indicated an interest in withdrawing this assertion, which we have always regarded as completely and utterly baseless. And unless that contention is withdrawn, all the things that the UN might do will not help one iota,” Greenidge remarked.

There are options available to Secretary General Ban Ki-moon, including the restart of the UN Good Offices Process, new arbitration, and conciliation. Venezuela has indicated that it has no interest in approaching the ICJ on the border controversy, but has opted to have the UN provide a solution to the matter.

Guyana had indicated in no uncertain terms that it has no intention of restarting the Good Offices Process, because it “has harmed Guyana”.
Greenidge noted that the Good Offices Process has caused considerable suffering to Guyana by loss of investments.

“They [UN] have to decide what is the next step. Of course we have indicated to them what we want. Venezuela clearly is not interested in a judicial resolution, because a judicial resolution is intended to bring the problem definitively to a halt.

“Venezuela is seeking now to avoid another court pronouncement because they anticipate, no doubt, that it will be the same as the last; and in those circumstances, they don’t have leverage.” Minister Greenidge stressed. He said that Guyana is the lone party that has adhered studiously to the Geneva Agreement.

“We have never invaded our neighbour; we have never put out false press statements, or false statements about the rights we exercise in Venezuela or the rights we exercise in Guyana. We have, when called upon, accommodated the SG, as happened in September; whilst the other partner was not willing to receive them.”

He said it needs to be clear that Guyana doesn’t have an issue with the Geneva Agreement. “It is, as such, the other options under the Geneva Agreement have been exhausted, and the continuation of the process, as currently managed since 1982 by the UN, has led to Guyana actually suffering by way of loss of investment, by way of loss of land, the seizure of Ankoko, that is an infringement of the Geneva agreement and the like. So, that is the issue that faces the UN,” he disclosed.

On September 27 and October 12 respectively, Guyana received investigative teams from the UN. The Foreign Affairs Ministry remains in contact with the UN Secretary General on the border controversy.

BORDER COMMITTEE
The Foreign Affairs Minister noted that both the government and opposition are required to name the representatives from each side on the Border Committee, so that both parties can share information.

“The intention has been expressed…the intention to establish inter-party arrangements so we can appraise each other of our views and developments.”
The Guyana–Venezuela border controversy over the Essequibo Region resurfaced in May, just after Guyana’s General Elections and mere days after U.S oil giant ExxonMobil announced that it had discovered significant oil offshore. Venezuela has illegitimately claimed the Essequibo Region, and has labelled the 1899 Arbitral Award null and void.