Guyana must be prepared to address the consequences of any action Maduro may take

Mar 23, 2024 Letters

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Dear Editor,

The very essence of democracy is that there should be a duly elected government representing a majority vote of eligible voters and a functioning Opposition representing a minority vote of the eligible voters sitting across the table in the National Assembly (Parliament or Congress) debating the rights and wrongs of the governing of the nation in the full view and hearing of the entire country, covered by a free media. To a very large extent, we have that in Guyana, albeit the level of debate, sadly, sometimes, descends into the gutter.

The essence of national patriotism is that when a country’s very existence and sovereignty is    threatened by external forces, regardless of their political differences, the Governing and Opposition political parties come together set aside their domestic differences and speak and act with one voice and with one intention, that is, the protection and survival of their country. To an overwhelming extent that has been the case regarding Venezuela’s claim and threat to take possession, by force of arms, the Essequibo region of Guyana.

Venezuelans, we know, almost from the cradle to the grave, have been indoctrinated to believe that the territory of Essequibo belongs to Venezuela, even though there is not a scintilla of historical evidence to support this claim. As Sir Shridath Ramphal puts it in the book, “The New Conquistadors, the Venezuelan Challenge to Guyana’s Sovereignty”, “there are classes and forces in Venezuela that have made the acquisition of most of Guyana their life’s cause, and sought to turn it into a national crusade”.

Over the years, since Independence, we have not, as a people, generally paid much attention to this claim by Venezuela, mistakenly taking for granted that the borders of Guyana, as shown on the map, define our country. We have rarely paid little attention to this in our schools, for instance, because we take it for granted and because it has been so for well over 100 years.

Let us, again, however, remind ourselves that, in 1897, the Treaty of Washington agreed to a Treaty of Arbitration to settle for all times the boundaries between Venezuela and British Guiana and to consider the results of the Tribunal of Arbitration as a Full, Perfect and Final Settlement of all the questions referred to the Arbitration and, on October 3^rd, 1899, the International Tribunal of Arbitration presented its Award which defined the boundaries of Guyana as they remain today.

A Commission appointed by Britain and Venezuela demarcated an official boundary map signed on January 7^th, 1905, by representatives of Venezuela and the United Kingdom.

For sixth (6o) years, successive Venezuelan governments have honoured and respected the boundaries 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 30^th, 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 29^th, 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 21^st, 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 14^th 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 28^th 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 expire in April.

Today, we learn from Reuters, that the Venezuelan Parliament has approved the creation of a new State, Guayana Esequiba, embracing the Essequibo region, in utter and complete violation of the commitments made by Maduro at Argyle.

Our government, in response, today (22^nd 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.

Yours sincerely,

Kit Nascimento

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• consequences, Guyana, Kit Nascimento, Maduro, National Assembly

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