Gov’t `gravely concerned’ over Venezuelan law on Essequibo

The gathering at the RSS conference (GDF photo)
The gathering at the RSS conference (GDF photo)

The Government of Guyana has expressed “grave concern” over the announcement that the Venezuelan National Assembly has declared Essequibo, which constitutes two-thirds of Guyana’s sovereign territory, to be a constituent part of Venezuela.

A release yesterday from the Ministry of Foreign Affairs and International Co-operation, has declared such action as a “flagrant violation of Guyana’s sovereignty and territorial integrity, and … in breach of the fundamental principles of international law enshrined in the United Nations Charter.” It further noted that it is an “egregious” violation of the Order on provisional measures issued by the International Court of Justice (ICJ) as well as a violation of the Argyle Declaration of December 14, 2023, agreed to by the leaders of the Caribbean Community (CARICOM) and Brazil, the representative of the United Nations Secretary General, and the presidents of Guyana and Venezuela.

The release said that Guyana will not allow its sovereignty and territorial integrity to be usurped. As such, Guyana “will exert all of its efforts under international law to ensure that its sovereignty and territorial integrity remain intact.”

According to the Ministry of Foreign Affairs, Guyana has responded by calling on the international community to uphold the rule of law by rejecting Venezuela’s “illegal expansionism” and by insisting that Venezuela revert to the International Court of Justice, which has before it, the case for a full and final resolution of the controversy over the land border between the two countries.

 “We deplore and we are unhappy that the Government of Venezuela and its National Assembly just yesterday agreed that they would make Essequibo firmly, no longer a Zona de Reclamacion but Venezuelan territory. This is highly regrettable and it is a violation of the principles of the good faith discussions which were undertaken at Argyle and more latterly in Brazil,” Minister of Home Affairs Robeson Benn told the opening of a conference of the Regional Security System (RSS), held yesterday at the Ramada Princess Hotel.

The two countries agreed last December to avoid any use of force and not to escalate tensions in the dispute after a meeting between Guyana’s President Irfaan Ali and Venezuelan President, Nicolas Maduro.

Benn  said that this country is long suffering but expects that it “will be vindicated through that process”. However, he said that the recent move by Caracas has seen Georgetown being  “concerned about the questions of instability”.

“While we continue to deplore, we look forward to reasonable rational engagements to ensure the issue between Guyana and Venezuela is mitigated and poses no risk to territory,” he said while pointing out that this country is committed to ensuring that the region remains a “zone of peace”.

Incoming Chairman of the RSS, St Kitts and Nevis Prime Minister, Terrence Drew told reporters yesterday that the Caribbean Community (CARICOM) is actively monitoring the situation and “continues to work with the situation to bring a peaceful resolution to it.’

Asked about the RSS’ response should Venezuela  attack this country, Drew said that “CARICOM is putting all its efforts to make sure we do not even get to that point.”

As a member of the RSS Guyana should be able to rely on the principle of collective self defence if attacked by Venezuela.

Guyana joined the RSS last year and the treaty covers collective defence under Article 4. On October 6th last year, President Ali received a visit from leaders of the RSS who were in Guyana for their annual meeting.

During the engagement at State House, the Head of State emphasised the need for a regional approach to security in response to conflicts and disasters. There was no mention of the then brewing Venezuelan crisis.

The visiting delegation was led by then Executive Director RSS, Chief of Staff of the Barbados Defence Force, Errington Ricardo Shurland and also included Heads of the Defence Forces and Police Forces from St Kitts and Nevis, Grenada, Antigua and Barbuda, Dominica, St Vincent and the Grenadines, St Lucia and Guyana (Chief of Staff, Brigadier Omar Khan and Commissioner of Police (ag) Clifton Hicken).

Under Article Four of the RSS Treaty, member states agree that an armed attack against one is an armed attack against them all.

According to Article 4(5): “The Member States agree that an armed attack against one of them by a third State or from any other source is an armed attack against them all, and consequently agree that in the event of such an attack, each of them, in the exercise of the inherent right of individual or collective self defence recognized by Article 51 of the Charter of the United Nations, will determine the measures to be taken to assist the State so attacked by taking forthwith, individually or collectively, any necessary action, including the use of armed force, to restore and maintain the peace and security of the Member State”.

Article 4(6) adds “Any such armed attack and all measures taken as a result thereof shall immediately be reported to the Security Council of the United Nations. Such measures shall be terminated when the Security Council has taken the measures necessary to secure and maintain peace in the Member State”.

Under Article 4(4) the Member States shall consult whenever, in the opinion of any of them, the democratic institutions, territorial integrity, political independence or security of any of them is threatened.

Article 4(1) says that the purposes and functions of the RSS are to promote co-operation among the Member States in the “prevention and interdiction of traffic in illegal narcotic drugs, in national emergencies, search and rescue, immigration control, fisheries protection, customs and excise control maritime policing duties, natural and other disasters, pollution control, combating threats to national security, the prevention of smuggling, and in the protection of off-shore installations and exclusive economic zones”.

Protocol

In March 2022, member countries of the RSS agreed to sign a protocol for Guyana’s accession, according to the Office of the President.

President Ali was in Belize for the 33rd inter-sessional meeting of CARICOM heads where RSS member states who were present signed the protocol.

“The RSS is an international agreement for the defence and security of the eastern Caribbean region with future expansion planned with South America. It sets out to preserve the peace and stability of the region by delivering world-class, professional, effective and efficient services through cooperative engagement with partner nations, the security sector and the peoples of the region,” the Office of the President had then said.

Meanwhile, Opposition Member of Parliament and Shadow Minister of Foreign Affairs and International Cooperation, Amanza Walton-Desir, has written to the Minister of Foreign Affairs, Hugh Todd, on convening the Parliamentary Sectoral Committee on Foreign Relations.

According to an Opposition release, Walton-Desir yesterday dispatched a letter to  Todd, calling for the “urgent” convening of the Parliamentary Sectoral Committee on Foreign Relations in the wake of Venezuela’s purported creation of a new state in Essequibo.

“This latest, and extremely troubling development places Venezuela in clear breach of the Argyle Declaration as well as the ruling of the International Court of Justice (ICJ), which had unanimously ruled that Venezuela should refrain from taking any action which would interfere with Guyana’s administration of the Essequibo region and that both parties should refrain from any action which might aggravate or extend the dispute currently before the court,” the release stated.

It also referenced a letter that was sent to Todd by Walton-Desir on February 12, requesting the Sectoral committee be convened in order to receive official updates on the reports on the buildup of Venezuelan troops on the border, to which, it noted, there has been no response to date.

Walton-Desir also expressed concern about the failure of the government to share information with the Parliamentary Opposition in a timely manner, while positing that such failure undermines the ability to provide critical support on this national issue.

The Parliamentary Sectoral Committee on Foreign Relations last met on November 21, 2023, the release added.