Venezuela’s planned referendum can compromise border controversy case before ICJ - AG warns

Venezuela’s planned referendum can compromise border controversy case before ICJ – AG warns

Nov 07, 2023 Court Stories, Features / Columnists, News

Kaieteur News – Attorney General (AG) and Minister of Legal Affairs, Anil Nandlall SC has expressed concern that Venezuela’s planned referendum can compromise the Guyana/Venezuela border controversy case which is before the International Court of Justice (ICJ).

Nandlall was at the time addressing the extraordinary sitting of the National Assembly on Monday on the matter of Venezuela growing aggression despite the ICJ case. The extraordinary sitting comes ahead of Venezuela’s national referendum on the border claims. “Guyana is of the considered view, that the impending referendum slated for the 3rd 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,” Nandlall said.

He continued: “anyone familiar with the court process would know that a party in a litigation has a right to seek appropriate legal remedies, interlocutory, if the other party in the litigation is taking steps that can defeat, compromise or render negatory, the legal proceedings itself and/or its final outcome.

Attorney General and Minister of Legal Affairs, Anil Nandlall, SC

Nandlall noted that what Guyana is ultimately seeking from the ICJ is affirmation that the 1899 Arbitral Award which established the boundary between itself and Venezuela is valid. He said it is for this reason Guyana rejects the referendum and is asking the ICJ to block it.

“So, Guyana has approached the ICJ, seeking an injunction to prevent Venezuela from taking action through its provocative referendum over Guyana’s territory –Essequibo. There will be a hearing on November 14…Every Court has a duty to protect the integrity of its processes and proceedings against it… In short, it has an inherent and unmitigating duty to prevent its process from abuse. Guyana is of the considered view, that the impending referendum slated for the 3rd 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.”

Nandlall said it is for those reasons that “we are seeking the Court’s protection for interim measures.”

In the meanwhile, the AG said Guyana continues, resolutely, upon its reliance on International Law, and the process engaged at the International Court of Justice. “Additionally, we have been able to secure from some of the most power voices in this hemisphere, expressions of support and solidarity. These have come from the United States, the United Kingdom, the Caribbean Community (CARICOM), the Commonwealth, the Organization of American States (OAS), the European Union, Brazil, etc.”

“As a Government,” Nandlall continued: “we hope that the National Assembly, without its usual rancour, but speaking in unison with one voice, will send that clear and present signal that this is not an issue upon which we are or can be divided but one on which we are unconditionally united. The existential nature of the threat at hand leaves us with no alternative.

In conclusion, Nandlall issued a cautionary admonition to all citizens.

He said: “Be careful with what you say and do, in particular in the social media. Irresponsible publications will only increase existing tensions. While we must stand strong in the expression of our patriotism, we must not commit acts which can be viewed as provocative; neither must we ill-treat our Venezuelan brothers and sisters among us. In the meantime, they are here simply to pursue a better life.”

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Anil Nandlall, Attorney General and Minister of Legal Affairs, Guyana/Venezuela border controversy, International Court of Justice (ICJ), SC

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