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Nine Caribbean Countries Accuse OAS of Acting Ultra Vires Over Venezuela

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Last Tuesday, eight Caribbean members of the Organization of American States (OAS): Antigua-Barbuda, Barbados, Belize, Dominica, St Kitts-Nevis, St Vincent and the Grenadines, Suriname, and Trinidad-Tobago, joined two days later by Grenada, delivered a formal Note to the chair of the Permanent Council of the OAS in relation to actions that were said to be ultra vires the rules and procedures of the OAS Permanent Council, the OAS Charter and international law.

The Note reads in part as follows:

The Permanent Mission of Antigua and Barbuda to the Organization of American States (OAS), on behalf of the Permanent Mission of Antigua and Barbuda, Barbados, Belize, Dominica, St Kitts-Nevis, St Vincent and the Grenadines, Suriname and Trinidad and Tobago, presents its compliments to the Honorable chair of the Permanent Council (PC) on April 9, 2019 by which it was resolved: “To accept the appointment of Mr Gustavo Tarre as the National Assembly’s designated Permanent Representative, pending new elections and the appointment of a democratically elected government.”

The Permanent Missions… endorse the positions… of the Permanent Mission of Mexico. In this regard, the Permanent Missions do not repeat herein the inconsistencies with international law and the norms of the Organization inherent in the resolution on the situation in Venezuela… which were set out by the Permanent Mission of Mexico, except to assert their agreement with them.

Further, the Permanent Missions note that, on April 10, 2019, the secretary general accepted the credentials of Mr Gustavo Tarre Briceno, as the “designated Permanent Representative” of the National Assembly of the Bolivarian Republic of Venezuela.

This was, presumably, in keeping with the said resolution on the situation in Venezuela… which resolved, inter alia, “To accept the appointment of Mr Gustavo Tarre Briceno as the National Assembly’s designated Permanent Representative, pending new elections and the appointment of a democratically elected government.”

However, the Permanent Missions emphasize that Article 80 of the OAS Charter reads:

The Permanent Council of the Organization is composed of one representative of each member state, especially appointed by the respective government with the rank of ambassador. Each government may accredit an acting representative as well as such alternates and advisers as it considers necessary.

The Permanent Missions also register that the letter submitted by the secretary general to the chair of the Permanent Council, ambassador Carlos Trujillo, Permanent Representative of the USA on April 8, 2019 signed by Mr Juan Guaidó in his capacity as president of the National Assembly and also purporting to be in his capacity as interim president of the Bolivarian Republic of Venezuela was dated January 22, 2019 one day before his proclamation as interim president.

Moreover, the Permanent Missions point out that Guaidó’s designation of Mr Gustavo Tarre Briceno as “Permanent Representative of the Bolivarian Republic of Venezuela to the OAS,” is also not consistent with the agreement of the National Assembly of the Bolivarian Republic Venezuela dated January 22, 2019 which designates Mr Gustavo Tarre Briceno as “Special Representative to the OAS.”

These inconsistences call into question the legitimacy of Mr Gustavo Tarre Briceno’s appointment as the designated Permanent Representative of the Bolivarian Republic of Venezuela to the OAS.

In light of the above, the Permanent Missions submit that… actions to recognize Mr Gustavo Tarre Briceno, as Permanent Representative of the Bolivarian Republic of Venezuela to the OAS are not in conformity with international law and the normative framework of the OAS.

The Permanent Missions hereby express their deep concern with this undermining of the institutional integrity and legitimacy of the OAS and in this context, calls for this entire matter… to be submitted by the Permanent Council to a Meeting of Consultation of Ministers of foreign Affairs for its review and decision.

Also on Tuesday, 14 countries of the OAS reserved their rights in relation to decisions made by the Permanent Council while the claimed illegal process of seating Venezuela’s self-proclaimed interim president Juan Gauido’s representatives stands. Among those countries were Mexico, Uruguay and Guyana as well as the Caribbean Eight.

On Thursday, the Permanent Mission of Grenada also delivered an official Note joining the eight other Caribbean countries in their formal objection to the manner in which the Resolution seating Guaido’s representative as the Permanent Representatives was adopted and to the seating of Gustave Tarre.

The Permanent Mission of Grenada of American States (OAS) referred to the resolution on the situation in Venezuela, adopted by a simple majority of 18 votes at a meeting of the Permanent Council on April 9, 2019 and the subsequent note, dated April 23, 2019, submitted to the chair of the Permanent Council by the Permanent Mission of Antigua and Barbuda, Barbados, Belize, Dominica, St Kitts-Nevis, St Vincent and the Grenadines, Suriname and Trinidad-Tobago.

“The Permanent Mission hereby advises the chair of the Permanent Council that Grenada joins the list of countries submitting the note… of April 23, 2019,” Grenada’s note read. (caribbeannewsnow.com)

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