BASSETERRE, St. Kitts, Apr. 6.2018 – THE ongoing border dispute between Guyana and Venezuela is headed for a lengthy court battle.
Despite the case being referred to the International Court of Justice (ICJ), Guyana and Venezuela are no closer to a resolution as the latter has backed out of court proceedings and has asked for a diplomatic resolution to the issue.
But Guyana is pressing forward with its case before the ICJ, as it recently submitted its documents and position on the territorial dispute.
Guyana and Venezuela have for a number of years been locked in a diplomatic dispute over two-thirds of the English-speaking country, including the contentious Essequibo River.
The matter was once resolved through an 1899 agreement but Venezuela has contended that the agreement was null and void.
In its arguments published on the ICJ’s website, Guyana asked the ICJ “to confirm the legal validity and binding effect of the Award Regarding the Boundary between the Colony of British Guiana and the United States of Venezuela, of 3 October 1899 (hereinafter the ‘1899 Award’)”.
It claims that the 1899 Award was “a full, perfect, and final settlement” of all questions relating to determining the boundary line between the colony of British Guiana and Venezuela.
Further, the applicants contend, among other things that, between November 1900 and June 1904, a joint Anglo-Venezuelan Boundary Commission “identified, demarcated and permanently fixed the boundary established by the . . . Award”.
However, according to media entity Demerara Waves, the Venezuelan government last month said: “Resorting to a judicial settlement to settle the dispute is unacceptable, sterile and inapplicable,”
Guyana has asked the ICJ to declare that “the 1899 Award is valid and binding upon Guyana and Venezuela, and the boundary established by that Award and the 1905 Agreement is valid and binding upon Guyana and Venezuela”.
Additionally, Guyana asked the ICJ to adjust and declare that they enjoy full sovereignty over the territory between the Essequibo River and the boundary established by the 1899 Award and the 1905 Agreement, and Venezuela enjoys full sovereignty over the territory west of that boundary.
Further, “Venezuela shall immediately withdraw from and cease its occupation of the eastern half of the Island of Ankoko, and each and every other territory which is recognized as Guyana’s sovereign territory in accordance with the 1899 Award and 1905 Agreement.”
The Guyana Foreign Affairs Ministry also asked that, “Venezuela shall refrain from threatening or using force against any person and/or company licensed by Guyana or engage in economic or commercial activity in Guyanese territory as determined by the 1899 Award and 1905 Agreement, or in any maritime areas appurtenant to such territory over which Guyana has sovereignty or exercises sovereign rights, and shall not interfere with any Guyanese or Guyanese-authorised activities in those areas.”
Additionally, they asked that it be declared that Venezuela is internationally responsible for violations of Guyana’s sovereignty and sovereign rights, and for all injuries suffered by Guyana as a consequence.
Guyana submitted its case on Thursday 29 March 2018, after United Nations Secretary General, Antonio Guterres referred the border issue to the International Court for a settlement.
