Guyana, Venezuela border controversy cannot be settled by referendum
Spokesperson for the U.S. Department of State, Matthew Miller
Spokesperson for the U.S. Department of State, Matthew Miller

US says 
–calls for respect of land boundary defined by the 1899 Arbitral Award

THE United States has affirmed that the border controversy between Venezuela and Guyana cannot be settled through a popular vote, following Venezuela’s recent contentious referendum on Guyana’s Essequibo region.

During a press briefing on Monday, Matthew Miller, the spokesperson for the US Department of State, reiterated the United States’ commitment to a peaceful resolution of the territorial controversy between the two South American nations.
“I will say that we support a peaceful resolution of the border dispute [controversy] between Venezuela and Guyana. The 1899 award determined the land boundary between Venezuela and Guyana should be respected unless or until the parties come to a new agreement or a competent legal body decides otherwise,” Miller said at the briefing.

Last Friday, the International Court of Justice (ICJ) issued “binding” orders on Venezuela to “refrain” from taking any actions that would threaten Guyana’s sovereignty over the Essequibo territory.
In the ruling, the court ordered that, pending the decision of the substantive case, Venezuela shall refrain from taking any action that would modify the situation that currently prevails over the territory, which Guyana administers and exercises control over.

As an additional measure, the court also ordered that “both parties refrain from any action which might aggravate or extend the dispute [controversy] before the court or make it more difficult to resolve.”
Guyana had approached the World Court seeking the preservation and protection of its right to the territory awarded to it by way of the 1899 Award, pending the court’s determination of the validity of that Award.
The ICJ president pointed out in the ruling that the court, in its 2020 judgement, had said that a land boundary controversy exists between the two parties.

The World Court pointed out that it observed that the territory which forms the object of that controversy was awarded to British Guiana in the 1899 Award. The Court also reaffirmed that it has jurisdiction to hear the substantive case.
Despite mounting calls for the Venezuelan administration to abide by international law, the Spanish-speaking country continued full speed ahead with its referendum on December 3.

In response, Miller urged both Venezuela and Guyana to continue seeking a peaceful resolution.
“We would urge Venezuela and Guyana to continue to seek a peaceful resolution of their dispute. This is not something that will be settled by a referendum,” Miller said.

The genesis of the controversy dates back to the 1899 Arbitral Award, a landmark decision that delineated the land boundary between then British Guiana (now Guyana) and Venezuela.
Despite historical arbitration, tensions persisted, leading Guyana to approach the ICJ in 2018, seeking affirmation of the award’s legitimacy.

The ICJ’s provisional measures are binding on the parties involved. Under the UN Charter, all states are solemnly bound to comply with the court’s orders, which can be enforced by the UN Security Council.
The substantive case, which highlights the historical context and the 1899 Arbitral Award, remains before the World Court.

Guyana has reached out to the international community to call attention to Venezuela’s actions that are completely outside the norm of the Rule of Law, and which present a real threat to the peace and security of the Latin American and Caribbean Region.
Guyana enjoys the full, principled and unequivocal support of CARICOM, the Commonwealth and other partners from around the world.

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