Belize's Border Disputes: Understanding The Conflict

Belize and Guatemala share a border that has been disputed for over 150 years. The roots of the dispute can be traced back to the 17th century when British settlers came to the coasts of Central America to cut logwood. The Spanish Crown considered these settlers intruders and pirates, and Britain initially did nothing to protect them. In 1763, Spain gave these settlers the right to cut logwood within a small area that remained under Spanish sovereignty. The boundaries of what had become an official British settlement were agreed upon in treaties in 1783 and 1786. However, the British settlers pushed the boundaries of their settlement far beyond what was agreed upon. Guatemala claims that it inherited Spain's sovereign rights over the territory upon gaining independence in 1821. In 1859, Britain and Guatemala signed the Wyke-Aycinena Treaty, which defined the borders of Belize and stated that Guatemala recognised British sovereignty over the region. However, tensions have flared up intermittently since then, with Guatemala periodically renewing its claims on the territory. In 1991, Guatemala officially recognised Belize's independence, but it did not accept its boundaries. In 2008, Belize and Guatemala agreed to hold simultaneous referendums to decide whether to submit the dispute to the International Court of Justice (ICJ) for resolution. The referendums passed in both countries, and as of 2022, both countries have submitted their initial briefs to the ICJ.

The Belize-Guatemala border dispute

When the Spanish Empire fell, Guatemala asserted that it had inherited Spain's sovereign rights over the territory, and since independence, it has claimed—in whole or in part—the territory of Belize. In 1859, Guatemala and Britain negotiated the Wyke-Aycinena Treaty, which established the modern-day boundary lines of Belize and recognised British sovereignty over the region. However, tensions flared up intermittently throughout the 20th century, with Guatemala periodically renewing its claims on the area.

In the 1930s, Guatemala once again asserted its claims, citing Britain's failure to build a road from Guatemala City to the Atlantic Coast as a justification for voiding the 1859 treaty. In response, Britain stationed troops in British Honduras (as Belize was then known) to protect against Guatemalan invasion. Despite numerous negotiations, the dispute persisted, and Belize pursued a path towards independence, which was achieved in 1981.

In the early 1990s, Guatemala recognised Belize's independence, but in 1999, it shifted back to its earlier position, claiming inheritance of rights from the Spanish Empire and the Federal Republic of Central America. This led to both countries stationing troops along their shared border. In 2008, Belize and Guatemala agreed to hold simultaneous referendums to decide whether to refer the issue to the International Court of Justice (ICJ). The referendums, held in 2018 and 2019, resulted in voters from both countries opting to send the matter to the ICJ for a final decision. As of 2022, both countries have submitted their initial briefs to the ICJ, with a ruling expected no earlier than 2025.

The 1859 Wyke-Aycinena Treaty

The Wyke-Aycinena Treaty, also known as the Aycinena-Wyke Treaty, was signed on April 30, 1859, by Pedro de Aycinena, Guatemalan foreign minister, and Charles Lennox Wyke, British chargé d'affaires and plenipotentiary to Guatemala. The treaty confirmed British rights to Belize, with Guatemala acknowledging England's sovereignty over the Belize territory.

The treaty was signed after Guatemalan President Rafael Carrera stopped complaints over Belize and established a Guatemalan consulate in the region to oversee Guatemalan interests. Belize's commerce was booming until 1855, when the Colombians built a transoceanic railway, allowing commerce to flow more efficiently to the port at the Pacific, which began a steep decline in Belize's commercial importance.

The Wyke-Aycinena Treaty consisted of seven articles. The first six articles defined the Guatemala-Belize border, and the seventh article pertained to the construction of a mutually beneficial road between Belize City and Guatemala City. This road was intended to improve communication and facilitate trade between the two countries. However, disputes over the exact location of the road and the change in government in Guatemala led to the road never being built.

The treaty was controversial and subject to disagreement. Guatemala held that it was a disguised cession of territory, possibly violating the Clayton-Bulwer Treaty of 1850, while British governments viewed it as a simple boundary agreement. The treaty continued to be contested by Guatemala into the late 20th century, challenging British rights to Belize.

Guatemala's claim to Belizean territory

In the 19th century, after the fall of the Spanish Empire, Guatemala claimed that it had inherited Spain's sovereign rights over the territory. This claim was based on the argument that neither Spain nor any Central American entity had ever occupied Belizean territory. Guatemala's position was that the 1859 Wyke-Aycinena Treaty, which defined the border between the two nations, was a treaty of cession, and that Britain had violated the treaty by failing to comply with economic assistance provisions found in Article VII. Guatemala also argued that the treaty was void because a promised road from Guatemala to the Atlantic Coast was never built.

In the 20th century, tensions flared up intermittently between Guatemala and British Honduras (as Belize was then known). Guatemala periodically renewed its claims on the territory, and Britain stationed troops in British Honduras to secure the region against Guatemalan invasion. Despite Guatemala officially recognizing Belize's independence in the early 1990s, it continued to assert its claim on Belizean territory, arguing that it had inherited Spain's 18th-century claims.

In recent years, both Belize and Guatemala have agreed to submit the dispute to the International Court of Justice (ICJ) for a final resolution. In 2018, Guatemala held a referendum in which its citizens voted overwhelmingly in favour of taking the dispute to the ICJ. Belize held a similar referendum in 2019, and its citizens also voted in favour of ICJ arbitration. The ICJ is expected to rule on the dispute by 2025 at the earliest.

The Webster Proposals

The plan was for Belize to gain independence from Britain, but also to give Guatemala control of Belize's defence and foreign affairs. The Proposals also allowed for the free movement of people and goods between the two countries.

In 1946, the PCIJ was replaced with the International Court of Justice (ICJ), which the UK suggested as a medium to settle the dispute. However, Guatemala insisted on mediation and arbitration, and in 1948, proposed mediation by the USA.

In 1965, the UK and Guatemala agreed to arbitration, leading to the Webster Proposals. The Proposals were leaked to the people of Belize by Philip Goldson in 1966, and it took two years for the full proposals to be released to the public.

The Belize Referendum

In the 18th century, Britain and Spain signed several treaties regarding territories in the Americas, agreeing that what is now Belize was under Spanish sovereignty, although British settlers could use the land. After the fall of the Spanish Empire, Guatemala claimed it had inherited Spain's sovereign rights over the territory.

In 1859, Britain and Guatemala signed the Wyke-Aycinena Treaty, which defined the borders of Belize and stated that Guatemala recognised British sovereignty over the region. However, the treaty included an article about building a mutually beneficial road, which was never built. Guatemala argued that this meant the treaty was void, and in 1946 officially tried to declare it null and void.

In 2008, Belize and Guatemala signed a Special Agreement to submit the territorial dispute to the ICJ, subject to approval by their citizens in simultaneous referendums. Guatemala held its referendum in April 2018, with 95.88% of voters supporting sending the claim to the ICJ. The Belize referendum was delayed by legal challenges but eventually took place in April 2019, with 55.4% of voters agreeing to allow the ICJ to resolve the dispute.

The ICJ is expected to rule on the dispute by 2025 at the earliest. It is likely to recognise the existing territorial and maritime limits of Belize, given that the 1859 treaty was ratified by both sides and implemented by Guatemala for 80 years, and that Guatemala has never occupied any part of Belize.

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