The Council of the Bar Association of Guyana (GBA) issued a public statement dated November 23, 2023, pertaining to issues about Guyana’s sovereignty over the territory between the Essequibo River and the internationally recognised western boundaries of Guyana as well as the purported creation of a new Venezuelan State encompassing the Essequibo region. 

In that statement the GBA remarks that, “Venezuela’s actions (generally and those which are the subject of the request for provisional measures) are unjustifiable in international law. Whatever the motivations or intentions of the Venezuelan Government, they are repugnant to the spirit of goodwill and peace which ought to pervade amongst neighbours. We share the concern of the Guyanese people that Venezuela’s actions are an unjust interference with our right to peace and self-determination and a regrettable fetter on our economic development aspirations. The Bar Council of the Bar Association of Guyana stands in full support of the Government of Guyana’s actions to defend Guyana’s territorial integrity in the referenced judicial proceedings and the wider diplomatic efforts.”

Subsequently, the GBA held a useful public symposium with legal experts on December 4, 2023, where the legal and sovereignty issues as regards Venezuela’s claims were reviewed, analysed and discussed.

The Organisation of Caribbean Commonwealth Bar Associations (OCCBA) fully supports the above statement issued by our colleagues of the Guyana Bar. We remark further:

1. The actions and pronouncements by President Maduro and the Venezuelan government as regards their claim for territory is a flagrant disregard of the ruling of the International Court of Justice (ICJ).

In its ruling made on December 1, 2023, the ICJ unanimously ruled (inter alia) that “Pending a final decision in the case, Venezuela shall refrain from taking any action which would modify the situation that currently prevails in the territory in dispute, whereby the Co-operative Republic of Guyana administers and exercises control over that area. The ICJ further unanimously ruled that “Both Parties shall refrain from any action which might aggravate or extend the dispute before the Court or make it more difficult to resolve.”

2. Subsequent to the ICJ ruling, Venezuela held a national referendum on this and other issues and President Maduro thereafter made the following unfortunate and disturbing remarks “Venezuela would create a Venezuelan state known as Guyana Esequibo; grant Venezuelan citizenship to Guyanese residents there; give licenses to state oil company PDVSA and state metal conglomerate CVG to search for oil in the area; and require energy companies already there, such as ExxonMobil, to leave in three months the world has to know — the Republic of Guyana has to know – the Esequibo is ours.” 

We feel compelled to remind international leaders that they must act responsibly and never sacrifice the Rule of Law, constitutional principles, international conventions, rulings, comity and standards on the altar of political expediency and populism, as this dangerous political rhetoric can escalate to violent and costly conflicts.

We expect and urge the Presidents of Venezuela and Guyana to engage constructively on these issues while following the rulings of the ICJ, which Venezuela appears now to be flagrantly ignoring. 

The Republic of Guyana is an independent sovereign nation and its territorial rights need to be respected and not annexed in a high-handed manner by Venezuela. It is regrettable to see this development unfold, particularly given the long and positive relationships between CARICOM states and Venezuela. Based on this, we urge careful review and introspection by the Government of Venezuela and hopefully we will see immediate reversals and retractions by President Maduro as regards these recent and unprovoked escalations. 

OCCBA adds its voice to those calling on the Government of Venezuela to desist from these threats, which wrongfully amount to an illegal breach of the territorial sovereignty of the Republic of Guyana. OCCBA urges CARICOM to work towards the de-escalation of this conflict and work tirelessly towards the peaceful and lasting resolution of this situation in keeping with established principles of the Rule of Law, territorial sovereignty and respect for the finding of the ICJ. 

The Caribbean must remain and be respected as a zone of peace. The ripple effects of any further escalation of this conflict will be felt throughout the CARICOM region. 

We recall the words of a popular song sung by Guyanese children, that must now ring true to all Guyanese people “So We ain’t giving up no mountains, We ain’t giving up no tree, We ain’t giving up no river That belongs to we, Not one blue saki, Not one rice grain, Not one kuras, Not a blade of grass!”