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PoliticsVenezuela

UN court orders Venezuela to 'refrain' over Guyana dispute

December 1, 2023

The two countries have been at loggerheads over the oil and mineral-rich region of Essequibo for decades. Venezuela is to hold a referendum on Sunday on whether to reclaim the territory it last held during Spanish rule.

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A mural in Caracas pictured on November 28, 2023, asks Venezuelans to consider annexing the Guyana-administered region of Essequibo
A mural in Caracas asks Venezuelans to consider annexing the Guyana-administered region of EssequiboImage: Federico Parra/AFP/Getty Images

The United Nations' top court on Friday ordered Venezuela to refrain from any action that would alter Guyana's control over a contested oil and mineral-rich territory the two nations have been in dispute over for decades.

The ruling comes as Venezuela is scheduled to hold a referendum on Sunday on the future of the Essequibo region, which forms part of Guyana.

Guyana had asked the International Court of Justice (ICJ) to halt the planned referendum, but the court ruling did not refer to the vote specifically.

The court instead ordered Venezuela to "refrain from taking any action which would modify the situation that currently prevails in the territory in dispute."

Judges also ordered both parties to "refrain from any action which might aggravate or extend the dispute before the court or make it more difficult to resolve."

The ICJ rules on disputes between states, and while its decisions are legally binding, it has no power to enforce them.

What is the dispute over Essequibo?

Essequibo is governed by Guyana and the region makes up more than two-thirds of the country's territory.

The area, mostly impenetrable jungle around the Essequibo River, is home to 125,000 of Guyana's 800,000 citizens.

During Spain's colonial era, Madrid declared ownership of the region within Venezuela's boundaries, but that move was not recognized by the other colonial powers, including Britain and the Netherlands.

In 1899, while Guyana was under British rule, a tribunal backed by the United States and Russia ruled that Britain should have control of the region.

The Essequibo River flows through Kurupukari crossing in Guyana on November 19, 2023
Much of Essequibo is thick jungle but the region is full of oil and mineral resourcesImage: Juan Pablo Arraez/AP Photo/picture alliance

Over the past few decades, Venezuela has continued to lay claim to the region and the dispute has intensified since US oil giant ExxonMobil discovered oil in Essequibo in 2015.

A major new oil discovery was made last month, meaning Guyana's reserves are set to surpass Kuwait or the United Arab Emirates with at least 10 billion barrels.

Guyana currently has the world's biggest reserves of crude per capita, while Venezuela sits on the largest proven reserves overall.

After years of fruitless mediation, Guyana went to the world court in 2018, asking judges to rule that the 1899 decision is stillvalid and binding.

Venezuela argues that a later agreement in 1966 to resolve the dispute effectively nullified the original arbitration.

What is Sunday's referendum about?

Sunday's vote in Venezuela aims to question the 1899 tribunal ruling, which Caracas says was "fraudulently imposed." Venezuelans will be asked whether or not to reject the decision.

Also on the ballot is whether Venezuela should also reject ICJ jurisdiction over the dispute, and whether or not to grant Venezuelan citizenship to the people of an annexed Essequibo.

Venezuelan President Nicolas Maduro and his allies are encouraging voters to answer "yes" to all the questions in Sunday's vote.

Guyana has warned the referendum would pave the way for Caracas to "unilaterally and illegally" annex the region.

A lawyer representing the country warned judges that "military preparations were already underway" by Venezeula to enforce the referendum result, which Caracas has denied.

mm/nm (AFP, AP, Reuters)