— former Guyanese diplomats
GUYANA has a very good case against Venezuela, Guyanese diplomat Rudolph “Rudy” Insanally said as he welcomed the decision by the United Nations (UN) Secretary-General António Guterres to refer the border controversy to the International Court of Justice (ICJ) for a final settlement.
The Guyanese diplomat, who once served as Guyana’s permanent representative to the UN and as Minister of Foreign Affairs, was among several distinguished Guyanese who supported the SG’s decision on the controversy which dates back to 1962 when Venezuela back-pedalled on the 1899 Tribunal Award, claiming that it was null and void.
Approximately 118 years after that award was issued, the Government of Guyana holds strongly to the view that a juridical course of action is the only means through which this matter can be permanently resolved.
In an interview with Guyana Chronicle, Mr. Insanally said he is pleased that the controversy has taken on a new direction provided for under the 1966 Geneva Agreement. Former Secretary-General, Ban Ki-moon and current Secretary General Guterres, in keeping with the tenets of the 1966 Geneva Agreement, had agreed that if by the end of December 2017, no significant progress was made at the level of the Good Offices process in arriving at a full agreement for the settlement of the controversy, the ICJ will be the next means of peaceful settlement, unless Guyana and Venezuela jointly request otherwise.
Mr. Guterres has upheld this decision and has referred the matter to the ICJ.
On Wednesday, Mr. Insanally said Guyana has a very strong case, emphasising that the matter was already settled by way of arbitration.
“The matter was already settled by arbitration. It all depends on what the court has been asked to do. There is one thing to do. Confirm that the result of the arbitration and to say that Venezuela’s argument that the 1899 Award is null and void is indeed null and void,” the retired Guyanese diplomat told this newspaper.
He said Venezuela cannot change its position more than a half a century after agreeing to the 1899 Tribunal Award.
He believes that once the case is properly put to the ICJ, then the matter could be settled. “A lot will depend on the cooperation of Venezuela but the procedure should be given a chance and Government (of Guyana) should be well armed to defend our position,” Mr. Insanally said.
Former Foreign Affairs Minister, Rashleigh Jackson said he too is happy that the UN Secretary-General has referred the matter to the ICJ.
“I am glad at the end that this decision was made. We welcome it because it was the logical thing to do,” Mr. Jackson said.
He said Guyana had been preparing for this a long time now and he expects her lawyers will do a great job in representing the country’s case.
Asked whether he anticipates any untoward reaction from Venezuela, the former Foreign Affairs Minister said “I hope that they cooperate because this is a United Nations decision…”
He said all Guyanese should be proud of this decision as it was a long struggle. “We all hope we get a definitive answer and we go forward from here,” he commented.
Former Minister of Foreign Trade, Dr. Henry Jeffrey said the nation must pay keen attention as Guyana prepares for judicial settlement. Dr. Jeffrey said the role of the ICJ in resolving this controversy must be clearly stated.
“When the matter is sent to the Court by a UN agent like the Secretary-General, the court is required to give an opinion on the issue; it does not settle the matter. When two countries agree to go to the court, the court settles the matter, a decision is given,” he said based on his understanding.
The ICJ is the principal judicial organ of the United Nations (UN) – established in 1945 by the Charter of the United Nations.
“The Court’s role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorised United Nations organs and specialised agencies,” the ICJ website states.
Meanwhile, the Private Sector Commission (PSC) said the Secretary-General’s decision is long awaited.
“Successive Governments of Guyana have since sought steadfastly to peacefully resolve this dispute and, for the last 27 years, have relied upon the United Nations Good Offices process. The announcement that the matter will finally be referred to the International Court of Justice (ICJ) is long awaited and most welcome,’ the PSC said in a statement on Wednesday.
It said Government must be highly commended for its unwavering efforts to spur decisive action on the part of the UN in a bid to finally free Guyana to achieve her potential without this albatross around her neck. The PSC said it stands firmly behind the Guyanese Government in all matters relating to the sovereignty of Guyana.
