GEORGETOWN, Guyana, CMC – The Caribbean Community (CARICOM) grouping Friday said Venezuela cannot, by a referendum or otherwise, violate international law and disregard the Order of the International Court of Justice (ICJ) in its ongoing border dispute with Guyana over the mineral and forest-rich county of Essequibo.
“Further, CARICOM demands that the Caribbean be respected as a Zone of Peace and that nothing should be done to disrupt the region’s tranquility, which is essential to the economic prosperity and social well-being of all CARICOM and Latin America countries,” it added.
Both Georgetown and Caracas had made presentations to the ICJ during two days of hearing earlier this month into the case relating to the 1899 Arbitral Award after Guyana, in its request, had said that the Venezuela government, through its National Electoral Council, had published a list of five questions that it intends to put before the people of Venezuela in a “Consultative Referendum” on Sunday.
CARICOM said that the ICJ on Friday ordered Venezuela not to take any action to “challenge, disrupt or interfere with Guyana’s longstanding control and administration of the Essequibo region, which constitutes more than two-thirds of Guyana’s land territory until the Court has issued its final Judgment on which State enjoys sovereignty over that territory.”
The 15-member regional grouping, in a statement, said, “Specifically, the Court ordered that “the Bolivarian Republic of Venezuela shall 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,” adding that the Order was adopted unanimously by all the sitting Judges.
The Court’s Order was issued in response to Guyana’s request for provisional measures, which was prompted by a national referendum that Venezuela has scheduled for Sunday, December 3, in which the people are asked to approve Venezuela’s annexation of the Essequibo region and incorporation of it into the Venezuelan State.
CARICOM said that “the Court’s Order prohibits Venezuela from taking such a measure, or any other measure that would change the status quo in the territory, regardless of the outcome of the Venezuelan referendum on Sunday.”
In a statement, Caracas said it is continuing with plans to hold the referendum called by the Electoral Branch at the request of the Parliament on Sunday.
“Nothing and no one will prevent the Venezuelan people from expressing themselves freely on December 3 on their own, internal and extremely important issue, such as territorial integrity.
“Venezuela reiterates that it will firmly maintain its unwavering defense of international legality and the Geneva Agreement as the only legal instrument allowing both parties to reach a practical and satisfactory solution through friendly, political, and peaceful negotiations.
” The truth of Venezuela and its inalienable sovereignty, constitutionality, and self-determination have been victorious. On December 3, the Venezuelan people will exercise their vote to defend their territorial integrity for the first time in history. They will ratify that our rights over Guayana Esequiba are inalienable and unquestionable.
“The Sun of Venezuela is born in Essequib0,” the statement added.
The Guyana government had earlier said it remains steadfast in its commitment to the international judicial process and the rule of law and is fully confident that, when the ICJ issues its final Judgment on the merits of the case, it will conclude that the Essequibo “is legally and rightfully Guyanese territory.
“We believe that justice, not force, should be the arbiter of international disputes,” said President Irfaan Ali as he responded to the ruling of the ICJ.
CARICOM said that the Court’s Order reinforces the fundamental principle of international law, enshrined in the United Nations and the Organization of American States (OAS) Charters, “that every State must respect the sovereignty and territorial integrity of others
“The Order makes clear that holding a national referendum does not exempt a State from its obligation to comply with this duty. By a referendum or otherwise, Venezuela cannot violate international law and disregard the world’s highest Court order.
“CARICOM expects Venezuela to uphold the ICJ’s December 1, 2023 Order. It also insists that Venezuela complies with international law in all respects and the Charter of the United Nations, and, in this connection, calls on it to take no actions In violation of them.
“CARICOM reminds that the Venezuela-Guyana controversy is properly before the ICJ by the decision of the Secretary-General of the United Nations for ‘final settlement,’ under the provisions of the 1966 Geneva Agreement to which both Venezuela and Guyana are bound. CARICOM demands that Venezuela pursue its claims within the law and the legal process.”
Meanwhile, Commonwealth Secretary-General Baroness Patricia Scotland urged Venezuela not to disobey the World Court’s Order and proceed with the referendum that could set the stage for the seizure of Guyana’s Essequibo County.
“While all states are encouraged to consult their citizenry, the Commonwealth notes with deep concern that the planned referendum on December 3 in Venezuela will challenge the ICJ’s jurisdiction, propose a formal annexation of the Essequibo territory, give Venezuelan citizenship and national identity cards to nationals of Guyana in the region under dispute, potentially be a license to violate the territorial integrity of Guyana and constitute an aggravation of the dispute which the December 1 2023 decision of the ICJ discourages,” Scotland said.
She called on the members of the United Nations to encourage the parties to respect the integrity, sanctity, and binding nature of the decisions of the ICJ in this matter and the provisional measures under Article 41 of the Statute of the ICJ that have binding effect and create international legal obligations for parties.
She said the 56-member Commonwealth reiterates its collective faith in due process, respect for national territorial sovereignty, international law, global Order, peace and security, and cordial international relations in the Caribbean and the Latin American region.
Secretary General of the Organisation of American States (OAS), Luis Almagro, has also called on Venezuela to honor the rulings of the ICJ.
“We consider the ICJ decision as fundamental in requesting Venezuela to refrain from all provocative, warmongering, and illegal actions infringing on Guyana’s territory’s established boundaries. The Court’s decision is binding & must be respected by the Venezuelan regime,” Almagro wrote on X, the social media platform formerly known as Twitter.