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Home Letters

The St. Vincent Agreement is the greatest travesty for Guyana

Admin by Admin
December 19, 2023
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My fellow Guyanese: 

Our President had just signed an agreement brokered by Ralph  Gonsalves; this is the greatest travesty. President Ali reminds me of  Neville Chamberlain who on 30 September 1938 concluded the  Munich Agreement with Herr Hitler. Only to declare to the British  public and the Empire that the Agreement guaranteed “peace for our  time.” President Ali has just committed the same blunder. Let me  explain: 

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First, Paragraph 1: The parties will not directly or indirectly  threaten or use force against each other. Who determines the indirect  threat? It is up to interpretation: Should Guyana continue its joint  military operations with the USA, it that an indirect threat? Should  Guyana decide to build a Maginot line on its Western border, is that  an indirect threat? Should Guyana decide that it will beef up security  along the border to counter smuggling, is that an indirect threat? 

Second, Paragraph 2: this Declaration undercuts the ICJ  because it says, the matter will be resolved in accordance with  international law, including the Geneva Agreement. This is a colossal error: the clause should have been worded to say the matter will be  resolved, in accordance with international law, by the Geneva 

Agreement. The legal consequence of this clause as written is to give  Venezuela the legal basis for rejecting the ICJ. 

Third, the ICJ process is arises directly out of the Geneva  Agreement. But in Paragraph 4, Venezuela outright rejects the  jurisdiction of the ICJ. When paragraphs 2 and 4 are read together  it creates an ambiguity that Guyana failed to resolve and the doctrine  of contra proferentem will control. This rule requires that the meaning  of an ambiguous contract provision be construed against the drafter.  The drafter is the party that had the opportunity to make the  provision clear, and the drafter bears the burden of failure to do so. 

Guyana will rue the day for this catastrophic blunder. The rest of the document is diplomatic fluff. President Ali has  committed the greatest blunder of his public service career!!! Maduro  has out-maneuvered Ali, Nandlal and Todd. They must jointly bear  the responsibility for this blunder. 

Patriotically yours, 

Roger Ally

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