Caribbean Air Force

Venezuela’s Referendum on Essequibo Poses Threat to Regional Peace, Legal Experts Warn

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Venezuela has scheduled a referendum for December 3, 2023, on a question that would authorize the government to annex the Essequibo region from neighboring Guyana and establish it as a Venezuelan state. According to commentary in The Sun, the referendum’s framing represents a deliberate attempt to circumvent international legal processes and secure domestic political cover for territorial expansion.

The referendum questions are carefully constructed to elicit affirmative votes, according to analysis by Sir Ron Sanders. One question asks whether voters agree with creating a "Guayana Esequiba" state with Venezuelan citizenship and identity documents, while another poses a loaded question about whether Venezuela should reject the jurisdiction of the International Court of Justice. The referendum entirely omits reference to the 1899 International Arbitral Award that established the boundary between the two nations, as well as Venezuela’s own historical ratification of that award.

The timing and design of the vote appear calculated to preempt an ongoing ICJ case filed in 2018 to settle the validity of the 1899 award. Venezuela has already lost legal arguments before the Court regarding its jurisdiction, yet continues to call for bilateral dialogue and negotiation—approaches that have failed over fifty years of joint commissions and UN-mediated talks, according to The Sun’s reporting.

The Caribbean Community (CARICOM) has formally objected to the referendum, noting that an affirmative vote would authorize annexation of Guyanese territory in direct violation of international law prohibiting unilateral seizure of another state’s land. The organization emphasized that such action would breach the UN Charter and the Organization of American States Charter.

Sanders argues that Venezuela’s push toward unilateral annexation signals the government’s belief that its legal case before the ICJ is weak. The referendum represents what he characterizes as a flagrant disregard for international law and the UN Charter, which establishes the ICJ as the principal judicial organ of the United Nations and makes all UN member states parties to its statute by default.

Any attempt to incorporate Essequibo through the referendum or subsequent military action would face international condemnation and response, according to the analysis. The commentary underscores that international law and the ICJ process remain the legitimate and peaceful pathways to settling the boundary dispute.

Venezuela has claimed the Essequibo region of Guyana for over sixty years, with successive governments using the territorial claim as a tool to unite domestic political factions and distract from internal discord. The 1899 International Arbitral Award established the boundary between Venezuela and Guyana, which Venezuela itself proclaimed and ratified through its congress. The dispute has been before the International Court of Justice since 2018.

This dispute directly affects Guyana and the broader Caribbean region’s stability and respect for international law. CARICOM’s formal response signals the issue’s importance to the entire Caribbean Community, and any military escalation could destabilize the region and set a dangerous precedent for territorial disputes among Caribbean and Latin American nations.

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