Guyana’s National Assembly hears call for Venezuelans to ignore referendum on Essequibo; opposition wants legislation to govern Venezuelan migrants

Last Updated on Monday, 6 November 2023, 18:34 by Denis Chabrol

Guyana’s National assembly on Monday formally rejected Venezuela’s plans to seize the mineral and forest-rich county of Essequibo through a referendum that has been planned for December 3, 2023, and a government minister called on Venezuelans to ignore the vote.

Minister of Parliamentary Affairs and Governance, Gail Teixeira said that based on an opinion poll, 31 percent of Venezuelans do not support the referendum. In that regard, she appealed to Venezuelans not to vote for questions three – do not recognise the International Court of Justice as the best means to settle the controversy-and five – the declaration of Essequibo as a Venezuelan State whose Guyanese inhabitants would be granted citizenship and issued Venezuelan identification cards.

“I do not believe that the Venezuelan people want to annex Guyana and I call on them and use this forum here to call on the Venezuelan people the hard-working citizens of Venezuela to reject questions three and five on the referendum. Question Three does not recognize the ICJ and question five of course we all know now is calling for the annexation of our new our two thirds of our country. I believe that the Venezuelan people are capable of reading through the lines and this decision they’re being asked to make will also have enormous impacts on their lives.

It will bring no benefit, no progress to their country. It in fact to greater harm to their lives and the security. And so we need to talk to the Venezuelan people not just to the those who have access to the PR campaigns, and to be able at 24 hours everyday they’re churning out their psychological warfare,” she said.

Prime Minister Mark Phillips called on Venezuelan President Nicolas Maduro to face the electorate in 2024 and seek reelection based on his administration’s performance that has led to the exodus of more than 7 million Venezuelans to other South American nations.

“Companero Maduro must not be allowed by the international and regional communities to use Guyana’s Essequibo as a rallying point, or as a clarion call for his reelection in 2024. Essequibo belongs to Guyana and Guyanese only,” said Mr Phillips, a former Head of the Guyana Defence Force. He said Guyana was facing “clear and present danger” as his country was producing oil.

Opposition Leader Aubrey Norton, in describing Venezuela as a “regional bully” of Small States rather than big nations such as Brazil, recommended that Guyana targets small Caribbean nations that Venezuela had used its largesse from PetroCaribe to build an alliance.

In apparent reference to Barbados’ Prime Minister Mia Mottley who had reportedly recently called on both Venezuela and CARICOM to ensure the region remains a zone of peace, Mr Norton questioned the logic behind that call because Guyana is not claiming any territory and does not have the military might to breach the peace.

“To say Guyana, and Venezuela must ensure a zone of peace is classic eye pass (disrespect) because we have always maintained there must be a peaceful resolution of this matter. It was really disturbing that Caribbean nation can say that and implicate Guyana, when Guyana basically lacks the means militarily to even conceptualize that approach, much less implement it and so I think it is necessary that the opposition put on record that we disagree totally with that position,” he said.

He recommended wide-ranging academic public education and awareness of all Guyanese regardless of which political party is in power. Stakeholders should include academics at the university, trade unions, non-governmental organisations, private sector and in every segment of our society. “In this regard, we wish to recommend the formation of a non-partisan and non-political commission on which experts can sit and offer recommendation on this vital question.” he said.

In piloting consideration of the motion, Foreign Affairs Minister Hugh Todd said the 1899 Arbitral Tribunal amounted to a “fair share” to the Venezuela and then British Guiana, and so Guyana would stand by international law.  “Mr. Speaker in contemporary political economy, it is is unbelievable and inconceivable that Venezuela would want to try to fool the rest of the world that it has legitimate rights to Guyana’s territory this will not stand. Mr. Speaker, we live in a world where laws and rules must be respected by every nation state.”

He said no evidence had been found to back “unfounded” claims by young lawyer at the time, Mallet Prevost, that the 1899 Arbitral Tribunal Award had been a conspiracy by a number of its members to cheat Venezuela of lands. Prevost had said that his claim should not have been opened six months after his demise.  Though no evidence had been found even from the British archives, Venezuela persisted with its unfounded claim.

Mr Todd said Venezuela over the years used its larger military to enforce its claim of “greed” by engaging in “intimidation, threats and economic aggression”. Referring to the increase of Venezuela troops along its border with Guyana, including the construction of a landing strip, the Foreign Minister vowed that Guyana would not cede its territory to Venezuela. “It is clear that is the intention of that state to increase the rhetoric on the controversy and drive fear in the Guyanese population along the borders. Mr. Speaker, we will not, we will not be afraid. We stand on principles, we stand on the right side of the law,” he said. Among those present were senior military and police officers, National Security Advisor Gerry Gouveia, Chancellor of the Judiciary Yonette Cummings, former Prime Minister Hamilton Greene, Ambassador-Designate to Venezuela Dr Richard Van West Charles and foreign diplomats accredited to Guyana.

The House further backed the Guyana government’s move to the ICJ to block those contentious questions in the referendum that impinge on the case for which a decision has not yet been handed down.

“Be it resolved that this National Assembly supports Government’s formal approach for the urgent protection of the  International Court of Justice, with the filing with the Court a Request for  Provisional Measures for an Order preventing Venezuela from taking any action  to seize, acquire or encroach upon, or assert or exercise sovereignty over, the  Essequibo Region or any other part of Guyana’s national territory, pending the  Court’s final determination of the validity of the Arbitral Award,” states the resolution.

Among the questions in the referendum is for Venezuelans to approve that Guyana’s 160-square kilometre Essequibo Couty would be declared a State of Venezuela and that all of its inhabitants would be granted citizenship and given Venezuelan national identification cards.

The resolution also collectively rules out any form of bilateral dialogue as a means of settling the territorial controversy, against the background of calls by Venezuela’s President Nicolas Maduro for himself and President Irfaan Ali to hold discussions as an alternative to a settlement by the International Court of Justice. After the Caribbean Community’s condemnation of the referendum and any attempt by Venezuela to annex Guyana’s territory, Venezuela urged the regional bloc of nations to broker bilateral talks.

“Be it resolved that this National Assembly supports the Government in its pursuit to ensure a peaceful and lawful resolution of the controversy before the International Court of Justice and rejects the proposal to return to any form of dialogue with Venezuela on the  controversy outside of the process before the Court,” the resolution states. The ICJ has twice ruled that it has jurisdiction to hear Guyana’s case on the controversy after the country said that 28-years of United Nations Secretary General-facilitated mediation had failed to find a solution.

Attorney General Anil Nandlall said, “Guyana’s considered view is that impending referendum slated for the third of December 2023 is intended to and will compromise the legal proceedings pending at the International Court of Justice, if not subvert the legal process altogether and prejudice its outcome.

The House maintained Guyana’s historical stance that the 1966 Geneva Agreement is the basis on which the United Nations Secretary General referred the controversy to the ICJ for final determination.

Opposition APNU+AFC parliamentarian Khemraj Ramjattan vowed “not a blade of grass” even as he referred to acts of eminent domain such as the oil exploration and bilateral fishing agreements. “We must ensure that this bonanza that is Essequibo that is ours be exploited and we must not have confrontation from our western neighbour to any extent,” he said.

Noting the polarisation of the world between countries like the United States and China, there is an expectation of support among players, he recommended that Guyana diversify its international relations to “get the support of everybody in the world.” He urged the diplomats who were present during consideration of the motion to give their wholehearted support to Guyana.”

Shadow Foreign Affairs Minister Amanza Walton-Desir said parliamentarians need to address “anxiety” by Guyanese about the socio-economic implications of the increasing number of Venezuelans. She urged Guyanese not to be provoked and should resort to the relevant agencies to seek redress. “We will not encourage the mistreatment of any migrant, we will not encourage Guyanese taking the law into their own hands,” she said.

She recommended that Guyana hold a national conversation to develop a “very clear legal framework” for the granting of citizenship and residency, against the backdrop of Venezuela inculcating into the minds of everyone there from a young age that Essequibo is theirs. “A framework that does not extend to fear or rule by fear but that is clearly deliberated in this house, so that people who come to our nation will know exactly where they stand and how they stand and what is their path to citizenship,” she said. She said legislation should be passed to outlaw insurrection, treason, annexation or engage in undesirable political activity. Ms Walton-Desir said dual citizens must decide to which country to hold allegiance. 

The Opposition Leader, in endorsing the Ms Walton-Desir’s position on migrants, urged the government to jealously guard the issuance of Guyanese birth certificates and citizenship. “We do believe that there is need for a structured system for us to deal with migrants so that they do not become a burden to us,” he said.  He called for a proper system to be put in place a proper register and system by each applicant and monitor their activities as there is a possibility that Venezuelan agents could be infiltrating Guyana.

Minister of Parliamentary Affairs and Governance Teixeira suggested that Guyanese should not worry about the influx of Venezuelans coming here. “The migrants coming in from Venezuela are like migrants all over the world and, like our people who have been migrants, elsewhere, they want a better life,” she said. The veteran Guyanese politician said the Venezuelans arriving in Guyana are “not your rich elite” or “your big billionaires” who would board a flight to Miami and New York.  She said Guyana, where there is a labour shortage, needed to welcome Venezuelans who would work hard and be law-abiding. Acknowledging that there are security concerns, she expressed confidence in Guyana’s security forces to deal with threats. “We don’t need to escalate fear. We need to show people that this is a place you run to. You are safe. We will not encourage xenophobia and our nation. We have never done that before, and we should never do it in our history,” she said.

Foreign Minister Todd, in wrapping up the debate, said government’s multi-agency approach, in collaboration with international organisations, shows that 80 percent of those returning are Guyanese who had fled the country in hard economic times.  He said he has submitted statistics dating back to to 2018 to Ms Walton-Desir showing the entire flow of migrants as well as a document on the Ministry of Education’s migrant support unit. “It is very disingenuous that she did not mention this today,” he said.

In light of concerns by the Opposition Leader that Guyana could not necessarily depend on a number of CARICOM member states, the Foreign Minister said he has written to all foreign ministers in the region, the rest of the region and the Commonwealth.  He said he was aware of Mr Norton’s concern that Venezuela might refuse to comply with the ICJ’s ruling, but in the end Venezuela would be isolated internationally. “They will not be able to survive of interstate relations without being part of an international system. That is rules based that is focused on international law and mobile governance. that is the framework that we work within and they will not be able to survive and run their country,” said Mr Todd, a former Coast Guard officer of the Guyana Defence Force.

Shadow Attorney General and Minister of Legal Affairs, Attorney-at-Law Roysdale Forde recalled that the Founder of Ms Teixeira’s People’s Progressive Party Civic (PPP), Dr Cheddi Jagan had once stated that the Venezuelans should be sent back. He argued that Guyana’s infrastructure could not support the current wave of Venezuelan migration.  He contrasted government’s willingness to accommodate Venezuelans today with the imposition of visas on Haitians who want to come to Guyana.

Attorney General Anil Nandlall said Guyana was merely abiding by international law in the treatment of refugees. Earlier Ms Teixeira said Guyana is not a signatory or has not ratified the 1951 Convention Relating to the Status of Refugees.

Amerindian Affairs Minister, Pauline Sukhai said the movement of Venezuelan military and hardware near the border with Guyana was driving fear and intimidation in Indigenous Indian communities here. “Venezuela has now gone beyond provocation on the northwestern area of Guyana mainly Amerindian resides there and they are living under intimidation and heightened tension and will be impacted the most,” she said.

Dr Asha Kissoon of The New Movement, one of the joinder parties, urged the international community to speak out against Venezuela’s violation of international law. She said she would not support Venezuela’s annexation of Essequibo and the granting of citizenship to Guyanese there. “I stand before this House and say and not one drop of sweat not one tear from any mother or child being displaced from from Essequibo, not one Guyanese citizen will be given Venezuelan citizenship because Essequibo is our own and our territorial integrity must be protected,” she said.

The motion notes that back in 1897, the United Kingdom and Venezuela agreed that the results of the arbitration would finally settle the boundary, and in 1905 signed the agreement recognising the boundary as stated in the Arbitral Tribunal Award in 1899.  The National Assembly also notes that for over 60 years, the boundary was internationally recognized, accepted and respected by Venezuela, Guyana and the international community as being the land boundary between the two States.  The controversy erupted in 1962 when Venezuela arbitrarily and unilaterally sought to challenge the validity of the Award.   Foreign Minister Todd highlighted that under the 1899 Award, Venezuela was awarded 751,640 kilometers square kilometers.