(Jamaica Observer) – The Jamaican Government has reiterated its support for Guyana in the increasingly tense border [controversy] with Venezuela following Friday’s unanimous ruling by the International Court of Justice (ICJ).
The ICJ, the United Nations’ top court, ordered Venezuela not to take any action that would alter Guyana’s control over the disputed territory but did not specifically ban Venezuela from holding its planned referendum Sunday on the territory’s future.
Guyana had asked the ICJ to order a halt to parts of the vote, saying it was aimed at paving the way for Venezuela to annex the disputed Essequibo region, which makes up some two-thirds of Guyana.
Both countries interpreted Friday’s ruling as largely backing their own positions on the territory, which is larger than Greece and is rich in oil and minerals.
While the court order fell short of any explicit mention of the referendum, it said that Venezuela must “refrain from taking any action which would modify that situation that currently prevails” in Essequibo.
The legally binding ruling remains in place until a case brought by Guyana against Venezuela on the region’s future is considered by the court, which could take years.
But even as both states claimed victory, Jamaica’s Minister of Foreign Affairs and Foreign Trade Senator Kamina Johnson Smith, in a mid-afternoon media release, said that the court’s order strongly supports Guyana’s position, which is shared by Jamaica.
“Even as Jamaica supports the court’s order that both parties are to refrain from any action that aggravates the current situation, we note as well that the court has said more particularly that Venezuela should “refrain from taking any action which would modify the situation that currently prevails in the territory in dispute, whereby the Cooperative Republic of Guyana administers and exercises control over that area.
“This would have direct implications for the planned holding of a referendum by Venezuela on December 3,” said Johnson Smith.
“The order is also made pending the court’s final determination of the validity of the Arbitral Award that established the land boundary between the two states. In this regard, it is Jamaica’s hope, as we have expressed on previous occasions, that Venezuela will participate meaningfully in that adjudication process,” added Johnson Smith.
She said Jamaica expressly supports the statement issued on Friday by Guyana’s President Irfaan Ali, which welcomed the ruling and called on Venezuela to join Guyana in demonstrating respect for international law and the principles that govern peaceful co-existence.
“We, too, view the ICJ adjudication process as a positive signal towards a peaceful resolution of this issue, and one which will give validity to future outcomes.
“The Government of Jamaica remains firmly committed to the principles of sovereignty and territorial integrity of states, as enshrined in the United Nations Charter. Jamaica fully supports the work of the ICJ and its ability to deliver justice where there is breach of the United Nations’ founding principles in an impartial, transparent, and independent manner,” declared Johnson Smith.
She added: “In this regard, Guyana can continue to count on Jamaica’s support of the Caricom position in defence of its sovereign rights and territorial integrity.”
In comments explaining the verdict, ICJ President Joan E Donoghue said the order was necessary because “Venezuela’s expressed readiness to take action” on the disputed territory “at any moment following the referendum” showed that there is “a real and imminent risk of irreparable prejudice to Guyana’s plausible right before the court gives its final decision.”
Venezuela has arranged a referendum to ask voters five questions Sunday, including whether to create a Venezuelan State in Essequibo and whether voters support granting Venezuelan citizenship to the region’s current and future residents.
Venezuela does not recognise the UN panel’s jurisdiction over the more-than-century-old dispute, but the country’s Vice-President Delcy Rodríguez nonetheless characterised the ruling as a “victory for Venezuela”, given that the UN did not order a halt to the referendum plans.
“Guyana went looking for wool and came out sheared,” Rodríguez told reporters in Caracas after the ruling was announced.
Delcy and Maduro continue to deceive and delude themselves into believing and celebrating cheap politics geared to further mislead their people by their vacuous rhetoric and misrepresentation of the judgment of the ICJ.
The main concern for Guyana upon which it principally based its 30 October request to the ICJ to indicate provisional measures was to issue an injunctive prescription and order to tell The Bolivarian Republic of Venezuela: Do not Cross The Border!.
The Court did that very forcefully, logically and well calibrated outlining how The Co-operative Republic of Guyana stands to be deprived of its 123 years old right to perform exclusive jurisdiction and control i.e, sovereignty over the entire Essequibo Region by the proposed action of Venezuela to invade, annexe and administer.
To Guyana’s credit and commendation, the ICJ almost paraphrased the language and ratio dicidendi of the Guyanese most astute presentation in its Judgment.
That was a great success and outcome for the Team who presented a well coordinated and most convincing scholarly submission that caused the Court to endorse its claims and issue a judgment in favour of Guyana.
While the Court deliberately and juridically correctly avoided any references to the Venezuelan Consultative Referendum that was peripheral to the main concerns of the Guyanese Delegation it recognised and indeed adopted the validity and excellent submissions of the Guyanese Delegation on the criteria for the issuance of provisional measures that it said had been met fully and to the satisfaction of the Court.
The question was not the Consultative Referendum but the effects that it would have had in depriving Guyana what the 1899 Treaty had awarded to it with the explicit concurrence of the respondent but now claimant and reneging state of Venezuela.
It was that urgent concern that the Judgment addressed and issued its order refraining the Bolivarian Republic of Venezuela from taking any action from the passing of its referendum to modify the existing legal status quo of Guyana’s exclusive right to continue to possess, own, administer and exercise its sovereignty over the Essequibo in the full knowledge and complete admission that Essequibo was an integral part of the territorial jurisdiction, political independence and control of all of Guyana’s 83,000 square miles and consequently one can legitimately adduce from the Judgment, its appurtenant and extensive maritime areas. But I shall address that ANON.
Delcy Rodriguez went looking for corn at the ICJ and was summarily plucked.