Stabroek News

Guyana cannot rely on a desperate Maduro to honour his word and it must be prepared to address the consequenc­es of his ...

- Sincerely, Kit Nascimento

between Guyana and Venezuela, but then, in 1962, when our country’s Independen­ce was on the horizon, Venezuela suddenly demanded that the Arbitratio­n Award be revisited before Britain granted Independen­ce to Guyana. Venezuela’s President, at the time, Romulo Betancourt, expressed his concern to the US Ambassador to Venezuela about British Guiana becoming independen­t under what he described as “a Communist government led by Dr. Cheddi Jagan”. All of this, including a spurious Memorandum written in 1944 by a junior American Lawyer who had participat­ed in the Arbitral Tribunal hearing claiming that the 1899 Award was a conspiracy between Great Britain and Russia, obliged the British government, on the eve of Independen­ce, in 1966, to enter into the Geneva Agreement, later joined by a then independen­t Guyana, led by Prime Minister, Linden Forbes Burnham, identifyin­g the “controvers­y” setting out the means to have it settled.

Fast forward to January 30th, 2018, when the Secretary-General of the United Nations, under the Geneva Agreement, chose “the Internatio­nal Court of Justice as the means now to be used for its solution” and, on March 29th, 2018, Guyana filed its applicatio­n to the Court to determine the validity of the 1899 Arbitral Award. Venezuela, however, has refused to recognise the ICJ’s jurisdicti­on. Instead, Venezuela’s President, Nicolas Maduro, has chosen a path of hostility, he and his government declaring on September 21st, 2023, a Referendum seeking to annex Essequibo. We know, that with few exceptions, the internatio­nal community, most importantl­y, including the government­s of the USA, the United Kingdom, the Commonweal­th Countries, France, Germany, the Organisati­on of American States and Brazil, have rejected Venezuela’s claim and warned against any attempt of Venezuela to invade our territory.

This all brings us to the Joint Declaratio­n of Argyle signed on December 14th last year. The Declaratio­n has temporaril­y put to rest Articles, 1,3 and 6, in particular, the use or threat, of course, which was implied by the Maduro Referendum to enforce the annexation of the Essequibo. The actual title of the Declaratio­n “For Dialogue and Peace” underlines the primary purpose and defines the immediate result of the Declaratio­n. Importantl­y, even though Article 4 notes Venezuela’s lack of recognitio­n of the ICJ and its jurisdicti­on, in fact, Article 2, which reads “that any controvers­ies between the two States will be resolved in accordance with internatio­nal law, including the Geneva Agreement”, ultimately commits both Venezuela and Guyana to accept the judgement of the Court.

But why do I bring all of this up now? Because Maduro is scheduled to face a General Election on 28th July, 2024, and registrati­on begins next month. But, knowing that he cannot win a free and fair election, as every poll shows less than fifteen (15) percent support for Maduro, Maduro has already violated the deal he struck with the US in Barbados to conduct a free and fair election. His main candidate, Maria Corina Machado, has been banned by the Court from contesting and a recent Reuters report from Caracas says that Maduro’s Attorney General, Tarek Saab, has arrested two (2) of her team and seven (7) other members of her team, including her right hand, Magalli Medda, have warrants out for their detention. The US Assistant Secretary for Western Hemisphere Affairs, Brian Nichols, has called for their immediate release. There is little doubt, therefore, that the US government will re-impose its sanctions on the export of Maduro’s oil and gas which expires in April. Today, we learn from Reuters, that the Venezuelan Parliament has approved the creation of a new State, Guayana Esequiba, embracing the Essequibo county, in utter and complete violation of the commitment­s made by Maduro at Argyle.

Our government, in response, today (22nd March), has called on the internatio­nal community to reject Venezuela’s unlawful declaratio­n and to uphold the rule of law, demanding that Venezuela honour the Argyle Declaratio­n and respect the judgement of the Internatio­nal Court of Justice to rule on the matter. We look forward to hearing the collective voices of the CARICOM leaders, all of whom participat­ed in Argyle, in condemnati­on of Venezuela’s latest betrayal of trust. Nicolas Maduro has obviously become a desperate man, cannot be relied upon to honour his word nor his signature on any agreement and Guyana must now be prepared to address the consequenc­es of any action which Maduro may decide to take.

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