The power of the United Nations Secretary General (UNSG) to refer the Guyana-Venezuela Border Controversy to the International Court of Justice (ICJ, also known as the World Court) and the jurisdiction of the ICJ to entertain and determine the matter, both provided for by the Geneva Agreement, have been shockingly distorted by Analyst in a February 6 article in Kaieteur News entitled “Recourse to the ICJ is on the basis of a consent regime.’ He argues that the ICJ needs Venezuela’s consent before it can exercise jurisdiction.
On November 7 the same analyst, under the moniker of Peeping Tom, said in Kaieteur News that Guyana has “bungled its handling of the territorial controversy” and “will not achieve its objective of having the matter placed before the ICJ.” This prediction ignominiously failed when the UNSG on January 30 chose the ICJ as a means of settlement. No doubt this failure prompted a change of identification from Peeping Tom to Analyst for his February 6 article so as to disguise his authorship of the November 7 failed prediction. His opinions in the February 6 article are as shallow as the prediction made in his November 7 article.
By Article IV(1) of the Geneva Agreement of 1966, the Governments of Guyana and Venezuela committed to choosing one of the means of peaceful settlement provided for by article 33 of the Charter of the United Nations (UN), if the Mixed Commission did not arrive at a full agreement for the settlement of the controversy within four years. Judicial settlement was one of those means under article 33. But the part of the article providing for the parties to choose the means of settlement is qualified by Article V. It provides that they are to refer the decision of the means of settlement to an “appropriate international organ on which they both agree,” but failing agreement “to the Secretary General of the United Nations.”
After the conclusion of the mandate of the Mixed Commission, the Governments of Guyana, Venezuela and the United Kingdom entered into an agreement known as the Port of Spain Protocol in June, 1970, which suspended the operation of Article IV of the Geneva Agreement for twelve years. This meant effectively that the formal search under Article IV for a resolution of the controversy was suspended for the period. Guyana and Venezuela undertook to “explore all possibilities of better understanding between them.”
Bharrat Jagdeo’s incumbency as General Secretary of the PPP and Opposition Leader makes him the most authoritative figure within the PPP. The ease with which he swatted away the dominant influence of Donald Ramotar, Clement Rohee and Komal Chand in serious decision-making within the upper reaches of the PPP after the loss of the 2015 elections, testifies to his now enduring control of the direction of the PPP, last manifested when he secured the nomination of Donald Ramotar as the presidential candidate in 2011.
Komal Chand had always been a vocal and independent minded leader within the PPP. This was derived more from his inclinations than from the power base he held as General Secretary of GAWU. The need for restructuring of the sugar industry arose at around the time of Mr. Jagdeo’s accession to office in 1999. Mr. Chand’s positions in debate, particularly in relation to the sugar industry, became more pointed and vocal as time went on, especially during the 2006 to 2011 period when serious problems began to surface. But the problems which have been emerging in the sugar industry and the length of time for which Mr. Chand has held leadership office in GAWU – since about 1985 – have weakened his grip. Thus, he lost his position as a member of the executive committee of the PPP after the 2016 congress of the PPP. Composition of this body is determined by a select few a day or two before the vote and a sufficient number of members of the central committee, which elects the executive committee, are given the word as to who to support. Mr. Chand’s orchestrated loss would have told him that his time in the leadership of the PPP and GAWU was drawing to an end.
The Mayor and Councillors of the City of Georgetown (the City Council) have voted overwhelmingly to support a renegotiated contract for the establishment of parking meters in certain parts of the City. The major change is that the hourly rate has been reduced from $200 to $150 while an eight-hour day would cost $800. There were other minor revisions and concessions. The effect of the reduction by $50 an hour is like throwing a crumb to the citizenry.
The popular upsurge during last year against the imposition of parking meters was as a result of the high and unaffordable charges. It was pointed out that they were proportionately higher than parking meter charges in New York, a city that was 500 plus times wealthier than Georgetown where the charges for parking is US$1 an hour, the same as was proposed for Georgetown. While the protests were successful in derailing the plans of the City Council, with little or no help from the Government, there was also a legal element. Two cases were filed. One has been heard in which the Court ruled that the bylaws were not lawfully promulgated by the Minister. This means that before the parking meter system can be reintroduced and fees charged, the bylaws have to be lawfully put in place by the Minister.
There are frequent, frustrated, refrains from observers that it is Guyana’s political parties that are mainly responsible for promoting the culture of ethnic dominance and without it, Guyana’s politics would not be dominated by race and instability. This is not true. Guyana’s main political parties reflect the social, economic and political aspirations of the people of Guyana. The fundamental feature of Guyana which determines these aspirations is its ethnic composition and history. This has been characterized mainly by separate struggles against employers and the colonial state for survival. The lesson that has been learnt is that whoever controls the state controls the distribution of its limited resources. The struggle for control of the state was a natural outcome of the nature of our main political parties and their fundamental, though unspoken political objective – ethno-political dominance.
By the time the first popular political party, the Peoples’ Progressive Party (PPP), emerged, it was recognized that ethno-political dominance, which had already reared its head after the second world war, was a negative phenomenon that will hinder Guyana’s political development and its main objective of Independence from Britain. The PPP was therefore organized with a multi-ethnic, multi-class, leadership. It attracted widespread support. However, as is well known, colonialist intrigues and internal opportunism led to what was in effect a departure of the “moderate” faction of the PPP. That faction later became the African led Peoples’ National Congress (PNC) which got its support mainly from the African Guyanese workers and farmers. Its merger shortly after with the United Democratic Party (UDP) brought support from mixed Guyanese and African middle class. Indian Guyanese gave their support to the PPP.