By Selwyn A. Pieters B.A., LL.B., L.E.C.
Lawyer & Notary Public (Ontario, Canada)Attorney-at-Law (Republic of Guyana, Island of Trinidad)
Pieters Law Office
The Cooperative Republic of Guyana
(“Guyana”) / the Bolivarian Republic of Venezuela (“Venezuela”) border dispute
and Guyana’s continued existential threat from Venezuela (Speaking notes)
By Selwyn A.
Pieters
Attorney at Law
The demarcation of the Guyana and Venezuela existing
boundary was laid down in a final and binding international Arbitral Award October
3rd, 1899 (Boundary between British Guiana and Venezuela (1899)), to which both
Guyana and Venezuela are still bound. Venezuela accepted and honoured the
border determined by the 1899 Arbitral Award for more than half a century.
The post-independence era has had
periods where the Guyana-Venezuela Border Controversy
has risen its ugly head and moreso for political mileage on the part of
Venezuelan politicians.
Venezuela from time to time since the 1962 (during
Guyana’s struggle for independence from Great Britain) continue to raise the
issue of a claim to Guyana’s territory. Venezuela current claim to Essequibo
covers 70 percent or two-thirds of Guyana’s total land mass.
Venezuela and Guyana had armed military conflict when
our soldiers removed Venezuelan Forces from Ankoko Island in 1966 and has
engaged Venezuelans in respect to Eteringbang twice.
Guyana is 83,000 square miles with a population
approximately 750,000. About 90 percent of the population inhabits the narrow
coastland area. Our borders are porous. And from time to time there are events
involving Venezuelan soldiers and civilians at Eteringbang, Mabaruma, Kaikan,
and other areas in the Cuyuni-Mazaruni region of Guyana
In 2016 Venezuela resurrected its claim. The incursion
of Venezuelan soldiers near Eteringbang in May 2016, and their firing of
weapons at officials of the Guyana Geology and Mines employees forced the
government of the day and then then opposition PPP in a bi-partisan move took
the case to the International Court of Justice.
The legal issues before the International Court of
Justice (ICJ) with regard to the claim brought by Guyana was heard. The
Honourable Attorney General and an able team of lawyers provided oral arguments
in Arbitral Award of 3 October 1899 (Guyana v. Venezuela) in the International
Court of Justice on 22 November 2022 and following before the ICJ. Guyana
prevailed on jurisdiction. It is unknown when its final determination will be
made. In light of Venezuela's Referendum to be held on December 3, 2023, the
ICJ last Friday issued provisional orders so that the status quo ante remains
and that Venezela does nothing that would annex the Essequibo Region whilst
this matter is under consideration by that Court.
However, what is apparent is Venezuela’s move to
settle the border regions of Guyana with its citizens. In a Demerara Waves Online publication of July 18, 2022, Captain
Gerry Gouveia, National Security Adviser, was quoted at an AMCHAM Guyana forum
setting out the security threats posed to Guyana by persons from Venezuela. He
gave a number of examples, including, and I quote: “a lot of non-state actors
on our Western border that are terrorizing our business people and challenging
our security forces, whether it is orchestrated or not.” And I further quote
him: “You could understand the security dilemma we face that in the migrants
could be embedded Venezuelan agents and so this is not something that we don’t
appreciate, that we are looking at as well as we open our arms with compassion
and with humanity. . . . There are an estimated 60,000 Venezuelans in
Guyana now.”
Venezuela with a population of more than 28.2
million person is capable of launching a bloodless takeover of our borders
simply by overwhelming our population with Venezuelan settlers, refugees and
persons with military-like bearing. In other words, sleeper cells. Deportation
of Venezuelan migrants who are not Conventional Refugees or persons in need of
protection or persons who are legitimately in Guyana for a proper purpose would
not be in violation of International Law, it would be consistent with the laws.
It is possible that Venezuela can launch a
soft invasion of Guyana by simply overwhelming its population and resources. Spanish
speaking Venezuelan nationals specifically warraus are reported to be amongst
the populations of significance who are migrating from Venezuela to Guyana.
Thus, Guyana cannot only rely on the
International Court of Justice and its strategic business and military partners
to secure its borders but must in its deliberate judgment ensure that the
immigration, military, social welfare and policing resources are adequately
deployed to interdict, document and deport those who are indeed trafficked to
Guyana for purposes that can indeed threaten its security and overwhelm its
population.
It should be noted on April 15, 2019 in Santiago,
Chile in what is known as the “Lima Group declaration”, several Latin American
Countries “Agree that Venezuela is experiencing a humanitarian, political,
economic and moral crisis generated by the illegitimate and dictatorial regime
of Nicolás Maduro, which constitutes a threat to international peace and
security, with regional and global effects.” The rule of law in Venezuela under
President Maduro is honoured in the breach rather than the observance.
Venezuelans, including the Venezuelan
President himself, Nicolas Maduro, has up the ante (particularly on with the
referendum, inflammatory rallies and speeches on social media and amassing
troops at the Border with Guyana). The stakes are high given Guyana’s recent
economic shift as an oil producing country. This is not a diplomatic exercise
on Venezuela’s part nor is it an exercise in which it will abide by the orders
of the ICJ, it is an exercise that potentially can destabilize investor
confidence in Guyana, cause Guyanese citizens grave unease and discomfort and
indeed set the stage for a soft invasion. The very legitimacy of the Venezuelan
government questionable.
We as Guyanese have to stay woke and stay
engaged. This is the time for all Guyanese to support our government in its
fight against this existential threat from Venezuela and its President Nicolas
Maduro.
