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:
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
