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  • Sir Ronald Sanders | Venezuela’s Dangerous Referendum: Threatening Peace and International Law

Sir Ronald Sanders | Venezuela’s Dangerous Referendum: Threatening Peace and International Law

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For 60 years, from their entry into school, Venezuelans have been trained into believing that the Essequibo region of Guyana belongs to Venezuela. Consequently, regardless of the facts, this belief is ingrained in the Venezuelan psyche.

This is why, the only matter on which the contending political factions in Venezuela can agree is that Essequibo is Venezuelan.

It has long been a political tactic that, when there is domestic discord, a common enemy should be created, in an attempt to gain political support generally. Hence, the periodic but persistent proclamations from Venezuela, claiming Essequibo.

The latest attempt to validate the acquisition of the Essequibo region is evident in the questions posed to the Venezuelan electorate in a forthcoming referendum with a predetermined outcome.

The contrived referendum, prejudicially titled,  “In defence of Guayana Esequiba”, will be held on 3rd December 2023. Among its deliberately leading questions, designed to get a desired positive answer, is the following: “Do you agree with the creation of the Guayana Esequiba state and the development of an accelerated plan for the comprehensive care of the current and future population of that territory that includes, among others, the granting of citizenship and Venezuelan identity card in accordance with the Geneva Agreement and international law, consequently incorporating said state on the map of Venezuelan territory?”.

Given that for over 60 years, successive governments of Venezuela have carried out a propaganda policy of brainwashing their people to adopt the claim that Essequibo belongs to Venezuela in defiance of an 1899 International Arbitral Award, the question is framed to secure the electorate’s support as validation of the annexation of Essequibo.

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Significantly, the questions for the referendum ignore entirely that there is an existing arbitral award since 1899 that establishes the boundaries between Venezuela and Guyana. Similarly, the questions ignore the historical evidence that Venezuela proclaimed the arbitral award and ratified it in their congress.

The referendum also makes no mention of the fact that, since 2018, there is a case before the highest legal court in the world, the International Court of Justice (ICJ), to settle the validity of the 1899 award. The only reference to these proceedings is contained in question 3 of the referendum, which, prejudicially, poses the loaded question: “Do you agree with the historic position of Venezuela not to recognise the jurisdiction of the International Court of Justice to resolve the controversy over the territory of Guayana Essequiba?”.

The Venezuelan authorities neglect to advise their electorate of Articles 92 and 93 of the Charter of the United Nations. Article 92 states, “The International Court of Justice shall be the principal judicial organ of the United Nations” and Article 93 declares, “All Members of the United Nations are ipso facto parties to the Statute of the International Court of Justice.” Not to recognise the jurisdiction of the ICJ is tantamount to a repudiation of the UN Charter.

Moreover, the ICJ has already twice decided that it has jurisdiction to determine the validity of the 1899 award and the related land boundary between Venezuela and Guyana. The placing of the question in the referendum, in the manner in which it is framed, is a flagrant disregard for international law, the UN Charter and the ICJ.

It is clear that this contrived referendum is designed to lead the Venezuelan electorate into giving cover for the government decision to ignore the ICJ proceedings and, instead, to take unilateral action to “incorporate” Essequibo into “the territory of Venezuela”.

The Caribbean Community (CARICOM) rightly responded to this situation by noting that “two of the questions approved to be posed in the Referendum, if answered in the affirmative, would authorise the government of the Bolivarian Republic of Venezuela to embark on the annexation of territory, which constitutes part of the Cooperative Republic of Guyana, and to create a state within Venezuela known as Guyana Essequibo”.  Further, CARICOM reaffirmed that “international law strictly prohibits the government of one State from unilaterally seizing, annexing or incorporating the territory of another state. An affirmative vote as aforesaid opens the door to the possible violation of this fundamental tenet of international law.”

Against this background, it seems that the Venezuelan government is convinced that its chances of a favourable decision from the ICJ of its claims are very slim. Therefore, it is moving to annexation, a blatant violation of the Charters of the UN and the Organization of American States.

Venezuela has reached this point after many efforts to scuttle the ICJ process, by asserting that the controversy with Guyana could be settled by dialogue and negotiation between the two states. In making this assertion, Venezuela ignores the 50 years of joint commissions, direct negotiations, and UN good offices mediation which all failed. It also ignores that the present ICJ process, which flowed directly from the 1966 Geneva Agreement in which both Venezuela and Guyana agreed, under Article IV (1), that the UN Secretary-General shall make the decision concerning “one of the means of settlement provided in Article 33 of the Charter of the United Nations”. The Secretary-General decided on the ICJ.

And, Venezuela had every opportunity to participate actively in the proceedings even after it lost its legal arguments objecting to the Court’s jurisdiction. Therefore, Venezuela’s call for dialogue and negotiation is another gambit to avoid the judicial means of settlement.

International law and the ICJ process are the legitimate and peaceful pathways to a definitive settlement of the land boundary.

Any attempt to unilaterally incorporate Essequibo into Venezuela as is promoted by the planned referendum, or any subsequent military action in furtherance of such a contrived referendum, will rightly be met by international odium, condemnation and action.

(The writer is Antigua and Barbuda’s Ambassador to the US and the OAS.  He is The views expressed are his own) 

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REQUEST FOR EXPRESSIONS OF INTEREST

(CONSULTING SERVICES – INDIVIDUAL SELECTION)

 

OECS MSME Guarantee Facility Project

Loan No.: IDA-62670, IDA-62660, IDA-62640, IBRD-88830, IDA-62650

Assignment Title: Senior Operating Officer (SOO)

Reference No. KN-ECPCGC-207852-CS-INDV

 

The Governments of Antigua and Barbuda, Commonwealth of Dominica, Grenada, St. Lucia and St. Vincent and the Grenadines have received financing in the amount of US$10 million equivalent from the World Bank towards the cost of establishing a partial credit guarantee scheme, and they intend to apply part of the proceeds to payments for goods, and consulting services to be procured under this project. 

The consultant will serve as the “Senior Operating Officer (SOO)” for the ECPCGC and should possess extensive knowledge of MSME lending with some direct experience lending to Micro, small and medium-sized businesses, knowledge of the internal control processes necessary for a lending operation and the ability to design and implement risk mitigation procedures. The ideal candidate should possess an Undergraduate Degree from a reputable college or university, preferably in Business, Accounting, Banking or related field, with a minimum of 5 years’ experience in lending, inclusive of MSME lending. The initial employment period will be for two years on a contractual basis. Renewal of the contract will be subject to a performance evaluation at the end of the contractual period. The assignment is expected to begin on September 30th, 2021.  The consultant will report directly to the Chief Executive Officer of the ECPCGC.

The detailed Terms of Reference (TOR) for the assignment can be viewed by following the attached link below. 

 

https://bit.ly/3iVannm

 

The Eastern Caribbean Partial Credit Guarantee Corporation (ECPCGC) now invites eligible “Consultants” to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have:

  • An Undergraduate Degree from a reputable college or university, preferably in Business, Finance, Banking or related field; and
  • Minimum of 5 years’ experience in MSME lending. Applicants should also have:
  • The ability to design and implement risk management procedures 
  • Extensive knowledge of MSME lending with some direct experience lending to small and medium-sized businesses
  • Extensive knowledge of MSME banking operations
  • Knowledge of the internal controls necessary for a lending operation and the ability to design and implement risk management procedures
  • Experience developing and presenting information in public, including responding to questions in real-time
  • Experience lending to MSMEs located in the ECCU
  • Knowledge of marketing and communicating with the MSME sector
  • Ability to draft procedures to be used in a lending operation
  • Familiarity with the mechanics of a loan guarantee program
  • Exceptional written, oral, interpersonal, and presentation skills, and
  • Proficiency in the use of Microsoft Office suite.

The attention of interested Individual Consultants is drawn to Section III, Paragraphs 3.14, 3.16, and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers July 2016, [revised November 2017] (“Procurement Regulations”), setting forth the World Bank’s policy on conflict of interest. A Consultant will be selected in accordance with the Approved Selection Method for Individual Consultants set out in the clause 7.34 of the World Bank Procurement Regulations for IPF Borrowers. 

 

Further information can be obtained at the address below during office hours 0800 to 1700 hours:

Eastern Caribbean Partial Credit Guarantee Corporation

Brid Rock, Basseterre,

St. Kitts.

Expressions of interest must be delivered in a written form by e-mail by August 11th, 2021, to [email protected]

 

For further information, please contact:

Carmen Gomez-Trigg                                                            Bernard Thomas

Chief Executive Officer                                                          Chief Financial Officer

Tel: 868-620-8144                                                                  Tel: 869-765-2385

Email: [email protected]                                          [email protected]