The agreement between Venezuela and Guyana for peacefully resolving their territorial disputes over Essequibo — which has strong economic prospects — is a positive development. According to multiple sources including the BBC, Venezuelan President Nicolás Maduro and Guyanese President Irfaan Ali have agreed in St Vincent and the Grenadines to not “use force” to settle the territorial dispute over oil-rich Essequibo this month. In a joint declaration, they also agreed to continue dialogue and establish a joint commission of foreign ministers to address any matters arising over the contested area. These developments may help reduce tensions and prevent escalation between the parties but a lack of certainty remains on the resolution of the dispute.
It is notable that the territorial dispute between the countries revolves around the ownership claim of Essequibo, which is approximately 159,500 square kilometers of jungle region that covers two-thirds of the Guyanese territory, that dates back to the 19th century when Venezuela claimed that the Arbitral Award of 1899, which granted it to Guyana, was invalid. Tensions between Venezuela and Guyana, whose economy is booming largely due to offshore oil reserves, persisted over the years and increased several times including the latest one this month driven by several factors including Venezuela’s order for the state’s oil companies to issue extraction licenses in Essequibo amidst its present economic crisis and Venezuelan voters’ approval for a referendum claiming ownership over the disputed land.
But — importantly — bilateral diplomatic negotiations based, international mediations oriented and legal proceedings (at the International Court of Justice) based efforts have been made over the decades to resolve the territorial dispute. The 1966 Geneva Agreement between the governments of Guyana (formerly British Guiana) and Venezuela (brokered by the United Nations), the establishment of the United Nations Good Offices Mission in 1989 and subsequent international efforts including the UN efforts in the late 2010s that aimed to facilitate dialogue between Venezuela and Guyana and resolve the territorial dispute are notable steps. But Venezuela claimed the Geneva Agreement inadequate while both parties were unwilling to meet the obligations of the UN Good Offices Mission.
But there are also diverse challenges that may lead to tensions in the future and put hindrances to the solution of the disputed territory between Venezuela and Guyana. The long-standing nature of the dispute, nationalistic sentiments and economic interests put challenges to reaching a solution to the dispute. Among others, the lack of mutual trust and cooperation between the two countries is a notable challenge. Despite various attempts at mediation and negotiation, the nations have consequently been unable to establish a foundation of trust, which hinders any meaningful progress towards a resolution, and continue to assert their rights over the disputed region and engage in occasional military posturing.
Effective steps are needed to resolve the territorial dispute between the countries acceptably. Seeking legal arbitration/adjudication from the ICJ, on which Guyana has put emphasis, may provide a fair and impartial resolution to the dispute. Given that Venezuela does not recognize the jurisdiction of the ICJ, it may be difficult to resolve the dispute through it. But diplomatic negotiations and dialogue need to be emphasized. To find a mutually agreeable solution that addresses the reasoned concerns of the parties, they need to engage in peaceful discussions — facilitated by international mediators. But the good intention from the parties including Venezuela is crucial.
Amir M Sayem
Chief Editor
Dhaka Opinion Magazine