Guyana’s Territorial Integrity

GUYANA has submitted to the International Court of Justice (ICJ) a Memorial on the merits of its case against Venezuela as required by the ICJ following its December 18, 2020 ruling that it has jurisdiction to decide the merits of Guyana’s claims.

According to a release from the Ministry of Foreign Affairs, the matter is before the Court pursuant to the decision by the Secretary-General of the United Nations under the 1966 Geneva Agreement under which parties conferred upon the Secretary-General the authority to determine the means by which the controversy between Guyana and Venezuela shall be settled.

As far as Guyana is concerned, the issue of the border between Guyana and Venezuela had long been determined by the Arbitral Award of 1899, and such, a determination is not only legal but is also binding on the parties.

Despite Venezuela’s refusal to accept the jurisdiction of the World Court, Guyana has proceeded to provide written submission on the merits of its case as required by law. In fact, the decision by the United Nations Secretary-General to refer the matter to the ICJ was lauded by several regional and international bodies including the Caribbean Community and the Commonwealth Secretariat. At a meeting of the Commonwealth Ministerial Group on Guyana on September 2017, it welcomed the decision by the Secretary-General of the United Nations, Antonio Guterres, to refer the long-standing controversy to the International Court of Justice, while noting that the controversy has impacted the country’s economic development.

The Caribbean Community has re-affirmed its full support for the sovereignty and territorial integrity of Guyana and has welcomed the judicial processes currently underway at the International Court of Justice to bring about a lasting and peaceful resolution of the border controversy.

President, Dr. Mohamed Irfaan Ali has made it abundantly clear that even though Venezuela’s claim to Guyana’s territory is completely baseless and without merit, the country remains committed to a peaceful resolution to the matter within the framework of international law. Guyana, he said, will not be made a pawn in domestic politics of Venezuela. The President was referring to a so-called ‘accord’ between the Venezuelan Government and the political opposition on the border issue.

This year marks the 56th anniversary of the 1966 Geneva Agreement which was originally signed by the British Government and the Government of Venezuela and which Guyana became a party to following the attainment of independence status in May 1966. A Mixed Commission was established with the task of ‘seeking satisfactory solutions for the practical solutions for the practical settlement of the controversy between Venezuela and the United Kingdom which has arisen as the result of the Venezuelan contention that the Arbitral Award of 1899 about the frontier between British Guiana and Venezuela is null and void.’ Within the framework of the 1966 Geneva Agreement, the Secretary-General of the United Nations conducted Good Offices from 1990 to 1917. On March 29, 2018, Guyana filed an application instituting proceedings against Venezuela with the ICJ having regard to the protocols of the UN Good Offices mechanism and the 1966 Geneva Agreement.

Guyana’s case is not only before the International Court of Justice but also in the court of world opinion. Support for Guyana by the international community has been overwhelming. President Ali and his PPP/C administration must be commended for the proactive role they are taking in ensuring the security of the Guyanese people and the country’s territorial integrity.

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