DEVELOPMENTS RELATING TO THE CONCESSION GRANTED BY THE GOVERNMENT OF
GUYANA TO CGX ENERGY INC.
Following the conclusion of the
agreement between the Government of Guyana and CGX. Energy Inc. to pursue
petroleum exploration activity, the Ministry of Foreign Affairs of Guyana
received a Note Verbale dated May 11, 2000 from the Ministry of Foreign Affairs
of Suriname expressing the concern of the Government of Suriname that the
Government of Guyana "in cooperation with one or more private oil/holding
companies is conducting exploration/exploitation activities in the North West
Offshore area within the territory of the Republic of Suriname".
The Government of Suriname
further communicated its ‘conviction’ that the Corentyne River is "an integral
part of the Surinamese territory and that therefore all the activities on this
river fall within the jurisdiction of the Republic of Suriname". Further, grave
concern was expressed "with regard to economic activities and acts of control in
the area concerned by or with the consent of the Government of the Cooperative
Republic of Guyana".
The Government of Suriname
sought clarification as to whether there were any such activities taking place
in the area concerned and that in the event that there were, "the Government of
the Republic of Suriname would expect an immediate termination of such
activities, in conformity with the internationally accepted principle of
territorial integrity".
The Ministry of Foreign
Affairs of Guyana by Note Verbale dated May 17, 2000 conveyed to the Government
of Suriname a response that contained the following elements:
- The Ministry noted that
the concerns expressed by the Surinamese Government were based on allegations
contained in newspaper reports
- That "any
exploration/exploitation activity which may be in progress at the present time
with the permission of the Government of Guyana, is being conducted in the
territory of the Cooperative Republic of Guyana". Concern was therefore
expressed over the tenor of the communication from the Surinamese Government
expecting the Guyana Government to terminate such activities
immediately.
- It was reiterated that
the position of the Government of Guyana was that the Corentyne River is a
border river and as such attracts all the characteristics and features which
such rivers bear in international law. Further, that the Government of Guyana
still subscribed to the view that the resources of the Corentyne River
[offshore area] ought to be explored and exploited for the economic benefit of
the peoples of both countries.
- That the Guyana and
Suriname National Border Commissions should reconvene at the earliest
opportunity to continue deliberations on issues relating to developments in
the Corentyne area [offshore area].
The Minister of Foreign Affairs
handed over the Note to the Ambassador of Suriname on May 17,
2000.
During those discussions,
the Minister of Foreign Affairs recalled that the Government of Guyana had
always encouraged Suriname to come to an understanding based on the text of the
original agreement on joint exploration and exploitation of the area of overlap
which had been formulated during the Administrations of former Presidents Hoyte
and Shankar.
On May 31, 2000 the
Ambassador of Guyana was summoned to the Ministry of Foreign Affairs of Suriname
to meet with the Foreign Minister who handed to him a Note dated May 31, 2000
which conveyed the following:
- That the "Corantijn River
constitutes an integral part of the territory of the Republic of Suriname and
therefore falls within its sovereignty".
- That from the point mark
latitude 5 degrees 59’ 53".8 North, Longitude 57 degrees 08’ 51".5 West, the
direction of the boundary line in the territorial waters is on a true bearing
of 10 degrees East.
- That the territory
located eastward of this demarcation line is considered an integral part of
the Surinamese territory and all activities undertaken in this area without
permission of that Government "constitute an illegal act". The Government was
insisting strongly that all activities in the area be terminated
forthwith.
- That the Government of
Suriname was "determined to protect its territorial integrity and national
sovereignty utilising all avenues offered by international law and
international practice on these matters".
- That the Government of
Guyana was invited to "deliberations in order to clarify any misunderstanding
concerning the maritime border that may exist on the side of the Government of
Guyana".
The response from the
Ministry of Foreign Affairs of Guyana contained in Note Verbale dated June 2,
2000 stated the position of the Government of Guyana as
follows:
- That any
exploration/exploitation activity, which may be in progress at the present
time with the permission or at the instance of the Government of Guyana, was
being conducted in the territory of the Cooperative Republic of
Guyana.
- It reaffirmed the
position of the Government of Guyana that the Corentyne River is a border
river and as such attracts all the characteristics and features which such
rivers bear in international law.
- That the Government of
Guyana remained favourably disposed to engage in dialogue either at the
bilateral or multilateral levels with a view to addressing any
misunderstandings that may exist on the side of the Surinamese Government
concerning the common maritime boundary between the Cooperative Republic of
Guyana and the Republic of Suriname. In that regard, the Government of Guyana
extended an invitation for the Government of Suriname to send a high level
delegation to Georgetown within twenty-four (24) hours to commence dialogue on
"these and other related matters".
Immediately thereafter, the Ministry
of Foreign Affairs of Guyana was compelled to issue a strong protest that was
conveyed in a Note Verbale dated June 3, 2000 to the Ministry of Foreign Affairs
of Suriname. This was as a result of the incursion of Guyana’s airspace and
territorial waters and the removal by force by the Surinamese authorities of the
oil rig owned by CGX Resources Inc from where it was located at
Eagle.
The Note Verbale stated
inter alia that:
- The Ministry of Foreign
Affairs on behalf of the Government of Guyana strongly protested the incursion
of Guyana’s airspace and territorial waters by Suriname aircraft and patrol
vessels which took place on June 2 at 09:50 hours and 15:00 hours and on June
3 at 00:25 hours and 12:00 hours respectively at the site of the CGX oil -
drilling operations located within Guyana’s maritime boundaries.
- The Ministry further
protested the intimidatory measures and hostile actions employed by the
Surinamese Navy against the personnel and property of CGX Resources Inc. while
it was located in Guyana’s territorial waters and that despite these
violations and intimidatory acts, the Government of Guyana remained ready to
engage the Government of Suriname in a frank exchange of views with a view to
addressing the misunderstandings that have arisen concerning the common
maritime boundary between Guyana and Suriname.
- The Government of
Suriname was urged to desist from committing further hostile activities in the
sovereign territory of Guyana.
The President of Guyana dispatched a
letter dated June 3, 2000 to the Chairman of Conference of the Heads of
Government of the Caribbean Community, the Prime Minister of St Kitts and Nevis
to bring to his attention the situation which had arisen between Guyana and
Suriname.
In his letter, HE the
President highlighted the lack of good faith on the part of Suriname, since the
actions which the Government of that country had taken, were executed while he
was in contact with President Wijdenbosch and while Foreign Minister Rohee was
negotiating with his Surinamese counterpart on an agreeable date and time for a
meeting between the two sides with a view to finding a peaceful and mutually
acceptable resolution of our differences on the matter.
The President of Guyana also
recalled the discussions held by Heads of Government in consideration of
Suriname’s application for membership of the Caribbean Community at the Sixth
Inter-Sessional Meeting of the Conference of Heads of Government held in Belize
from February 16 to 17, 1995. He further recalled that the Conference at that
meeting:
"Approved the
application by Suriname for membership in the Caribbean Community and Common
Market on the terms and conditions recommended by the Technical Group and
accepted by Suriname;
Agreed that the
approval of Suriname’s application takes effect from the Sixteenth Meeting of
the Conference of Heads of Government;
Urged that in the
interim, Member States and the Secretariat make every effort towards the
resolution of the Suriname-Guyana border controversy as well as other
outstanding difficulties which impede the development of relations between the
two countries;
Also agreed that
following the approval of Suriname’s application, these efforts be maintained
with a view to persuading Suriname as a Member of the Community and the Common
Market to develop with Guyana, the type of relations appropriate to Member
States." (Note: Emphasis added).
In light of these decisions,
the President of Guyana advised that he was writing to:
- Protest vigourously the
aggressive actions by Suriname – a CARICOM Member State against the
territorial integrity of Guyana, another Member State of the
Community;
- Alert the Community
through the Chairman of Conference to the recent developments in respect of
Guyana’s relations with Suriname;
- Remind the Community
through the Chairman of Conference about the decision adopted by the Heads in
1995; and
- Request that the Chairman
use his good offices to take whatever action he deemed appropriate at the
political and diplomatic levels consistent with the decisions of the
Heads.
Three sets of meetings were held between Guyana and
Suriname.
The first Special
Ministerial Meeting was held in Port of Spain, Trinidad and Tobago on June 6,
2000. That meeting agreed that:
- A Joint Technical
Committee should begin to work immediately with a view to discussing the
conclusion of a draft Memorandum of Understanding (MOU) proposed by Guyana,
pertaining to the treatment of the granting of petroleum licences by Guyana
and Suriname within the area of the North Eastern and North Western seaward
boundaries of Guyana and Suriname respectively.
- It was expected that this
MOU would be formulated within the context of the document signed by the then
Foreign Ministers Jackson and Sedoc containing the decisions of former
President Hoyte and former President Shankar. The MOU was also expected to
treat with the CGX concession.
- The Joint Meetings of the
respective National Border Commissions would be reconvened and the next
meeting would be held no later than July 7, 2000.
- Immediate steps should be
taken to convene the next Meeting of the Cooperation Council.
On June 8, 2000 the
President of Guyana held a media conference to brief the nation on developments
on the situation.
The President was "heartened
by the spontaneous and united response of the Guyanese people in defence of our
sovereign territory and the nation’s interest".
He reiterated that "Guyana
has always viewed as important the development of harmonious, peaceful and
productive relations with its neighbours.
He assured the citizens of
Guyana however, that his Government "will not accept any threats of, or the
resort to, the use of force by any external actor against this nation state. My
Government stands firm on the maintenance of Guyana’s sovereignty and will take
whatever action necessary to preserve and protect its territorial
integrity".
On June 9, 2000 the Chairman
of the Conference of Heads of Government of the Caribbean Community issued a
statement on behalf of the Community which welcomed "the process of dialogue to
which the two Parties have resorted" and expressed "the hope that they will
find, through that constructive approach, a mutually satisfactory solution to
the current difficulties."
The Statement went on to say
that "the Community and its various institutions stand ready, within their
capacity, to provide to the two Parties whatever assistance they may require in
the resolution of their current difficulties".
The second series of
meetings between Guyana and Suriname were held in Georgetown, Guyana over the
period June 13 and 14, 2000 at the Technical and Ministerial
level.
Suriname proposed that
Guyana revokes the licence to CGX and that Suriname in turn would re-issue the
licence.
Guyana proposed joint
sharing of the resources and rejected the Surinamese proposal regarding the
revocation of the licence to CGX.
This meeting was
inconclusive. Suriname was presented with the "Basic Elements of the Guyana
Proposal" which in effect was formulated on the basis of the proposals put
forward to the Suriname delegation in Trinidad and Tobago.
The third round of meetings
was held in Paramaribo, Suriname from June 17 to 18, 2000. Among the proposals
which Guyana put forward were:
- That the area in dispute
be designated a Special Area for the Sustainable Development of Guyana and
Suriname. In this regard an Inter-Governmental Guyana/Suriname Authority could
be established to manage the area pending the settlement of the maritime
boundary;
- That at the same time
negotiations to find an acceptable solution to the border dispute be placed on
fast track.
- Suriname requested a copy
of the Agreement signed with CXG. Guyana indicated that it would have no
difficulty in considering the provision of the Agreement once the issue was
placed within a framework linked to the number of requests which Guyana had
already made: i.e. (a) the situation regarding the return of the rig to Eagle;
(b) the fast track approach to the delimitation of the maritime boundary; and
(c) the reconvening of the Cooperation Council at which forum discussions
could take place on furthering functional cooperation between the two
countries.
Following the inability of the two sides to reach a mutually acceptable
solution at the final round of meetings, President Jagdeo received an invitation
from President Wijdenbosch to discuss the issue.
While President Jagdeo
welcomed the invitation, he requested President Wijdenbosch to submit new
proposals before such a meeting took place.
At the request of the
Government of Guyana, the current difficulties between Guyana and Suriname were
discussed at the Sixth Meeting of the Community Council of Ministers in Barbados
on June 19, 2000.
Guyana recalled the
decisions of the 1995 Inter-Sessional Meeting of the Heads of Government and
requested that Suriname be requested to uphold those decisions. Further, that
Suriname should be requested to desist from the use of force to resolve any
outstanding matters with Guyana and that the Heads of Government should discuss
the matter in the spirit of the 1995 decision adopted by the
Conference.
The Community Council
decided to "recall the statement issued by the Chairman of the Conference and
has recommended that the Heads of Government at their meeting in July 2000,
consider discussing the matter bearing in mind the spirit of the 1995 decision
of the Conference.
The Government of Guyana has
formally requested that the developments in the relations between Guyana and
Suriname be placed on the agenda of the Twenty-First Meeting of the Conference
of Heads of Government of the Caribbean Community scheduled to be held in St
Vincent and the Grenadines from July 2 to 5, 2000.
On June 23, 2000 the
Ministry of Foreign Affairs despatched a Note Verbale to the Ministry of Foreign
Affairs of Suriname protesting the violation of Guyana’s airspace by a
Surinamese Defence Aircraft over the New River Area at approximately 09:59 hours
and at approximately 10:22 hours on Thursday June 22, 2000.
The Ministry of Foreign
Affairs stated that it viewed this as a provocation on the part of the
Surinamese authorities especially in view of statements issued in support of the
peaceful resolution of disputes by the Chairman of CARICOM, the international
community and contrary to assurances given by the Surinamese delegation at the
Third Special Ministerial Meeting convened in Paramaribo, Suriname on June 17
and 18, 2000.
The Ministry of Foreign
Affairs insisted that the Government of Suriname desist from conducting these
intrusions into Guyana’s airspace and reiterated the determination of the
Government of Guyana to protect and defend its territorial
integrity.