The Anglo-Guatemalan Treaty's Long Shadow: Understanding The Belize-Guatemala Dispute

The 1859 Anglo-Guatemalan Treaty, also known as the Wyke-Aycinena Treaty, was a boundary treaty signed between Britain and Guatemala, establishing the borders of Belize (then known as British Honduras) from the Rio Hondo to the Sarstoon River. The treaty was ratified by both sides and included an article (Article 7) about building a mutually beneficial road, which was never constructed. This treaty had a significant impact on the Belize-Guatemala dispute, as Guatemala later used the broken promise of the road as justification for voiding the treaty and renewing its claims on the disputed area. The dispute has since continued, with both countries agreeing to refer the issue to the International Court of Justice for a final resolution.

The 1859 Anglo-Guatemalan Treaty's impact on the Belize-Guatemala dispute over the years

The Anglo-Guatemalan Treaty of 1859, also known as the Wyke-Aycinena Treaty, was a boundary treaty signed between Britain and Guatemala that defined the borders of the British settlement in Belize (then known as British Honduras) from the Rio Hondo to the Sarstoon. The treaty also included Article 7, which stated that both parties would make their best efforts to build a road or use rivers to establish the easiest means of communication between Guatemala City and the Atlantic Coast.

The treaty had a significant impact on the Belize-Guatemala dispute over the years. In the short term, it led to the recognition of British sovereignty over the region and the formation of the modern-day boundary lines of Belize. However, the dispute flared up again in the early 20th century when Guatemala renewed its claims on the area, citing the unbuilt road as a justification for the treaty to be void. This triggered a series of negotiations and diplomatic efforts to resolve the dispute, which continued even after Belize gained independence in 1981.

The impact of the 1859 Anglo-Guatemalan Treaty can be seen in the following key ways:

• Recognition of British Sovereignty: The treaty established clear boundaries for the British settlement in Belize and recognised British sovereignty over the region. This provided a legal framework for British control and administration of the area.
• Boundary Demarcation: The treaty defined the borders of British Honduras, from the Rio Hondo in the north to the Sarstoon in the south. This demarcation remained in place even after Belize gained independence, becoming the internationally accepted border.
• Article 7 and the Unbuilt Road: Article 7 of the treaty, which called for the construction of a road or the use of rivers to improve communication between Guatemala and the Atlantic Coast, became a point of contention. Guatemala blamed Britain for not fulfilling this obligation, arguing that it violated the treaty.
• Renewed Claims and Negotiations: In the early 20th century, Guatemala renewed its claims on the area, using the unbuilt road as justification. This triggered a series of negotiations and attempts to resolve the dispute, including the exchange of notes in 1931 that confirmed the border markers established by the treaty.
• Independence of Belize: Despite ongoing negotiations, the dispute remained unresolved when Belize gained independence in 1981. Guatemala recognised Belize's independence in the early 1990s but continued to claim territory, leading to a tense border situation.
• International Court of Justice: In 2008, both countries agreed to hold simultaneous referendums to send the issue to the International Court of Justice (ICJ). While Guatemala voted in favour of this approach in 2018, Belize held its referendum in 2019, and the result was close. As of 2022, both countries have submitted their initial briefs to the ICJ, with a ruling not expected until 2025 at the earliest.

In summary, the 1859 Anglo-Guatemalan Treaty established the boundaries of British Honduras and recognised British sovereignty, but it also sowed the seeds for future disputes, particularly around the unbuilt road stipulated in Article 7. The treaty's impact continued to shape the Belize-Guatemala relationship even after Belize's independence, leading to ongoing negotiations and, ultimately, the involvement of the ICJ to resolve the longstanding dispute.

How the treaty's Article 7, regarding a joint road, has been interpreted differently by both sides

Article 7 of the 1859 Anglo-Guatemalan Treaty, also known as the Wyke-Aycinena Treaty, stated that both parties would use their "best efforts" to jointly establish the "easiest means of communication" between Guatemala City and the Atlantic Coast. The wording of the treaty did not specify which party would bear the cost of building the road, nor where it would be placed.

The British negotiator, Wyke, understood that the article meant that the cost and labour of building the road would be split evenly between the two parties. However, the Guatemalan negotiator, Aycinena, believed that the full burden of building the road was to be placed on Britain alone. This discrepancy in interpretation led to failed negotiations over the following years, with Guatemala refusing to ratify an Additional Convention in 1863 that would have seen the British government pay £50,000 towards the cost of the road. Guatemala's inability to ratify the Convention by the agreed date led to the agreement lapsing, and the road was never built.

In 1939, Guatemala unilaterally abrogated the 1859 treaty, citing Britain's breach of Article 7 as justification. This led to a threat of invasion and the establishment of a British military presence in Belize.

Despite the dispute, both sides continued to regard the 1859 treaty as valid and made efforts to demarcate the shared boundaries. In 1991, Guatemala recognised the independent state of Belize, but made clear that it did not accept its boundaries.

In 2008, Guatemala and Belize agreed to hold simultaneous referendums to decide whether to send the issue to the International Court of Justice (ICJ). As of 2022, both countries are now settling the dispute at the ICJ, with a ruling not expected until 2025 at the earliest.

The treaty's role in shaping the current borders of Belize and Guatemala

The 1859 Anglo-Guatemalan Treaty, also known as the Wyke-Aycinena Treaty, was a boundary treaty signed between Britain and Guatemala that defined the borders of modern-day Belize. The treaty established the boundary line from the Rio Hondo to the Sarstoon River, with all territory north and east of this line belonging to Britain, and the territory to the south and west belonging to Guatemala.

The treaty was significant in shaping the current borders of Belize and Guatemala as it was the first agreement between the two countries that formally recognised British sovereignty over the region. Prior to this, Britain and Spain had signed several treaties regarding territories in the Americas, with both nations agreeing that modern-day Belize was under Spanish sovereignty, although British settlers were allowed to use the land. However, the British settlers continually expanded beyond the agreed boundaries, and after the fall of the Spanish Empire, Guatemala claimed it had inherited Spain's sovereign rights.

The 1859 Treaty was an attempt to resolve this dispute and establish clear borders. It was ratified by both sides and formed the basis for the modern-day borders of Belize. The treaty also included Article 7, which stated that both parties would make their best efforts to build a road from Guatemala City to the Atlantic Coast, although this road was never built. This article later became a point of contention, with Guatemala arguing that Britain had violated the treaty and that it was therefore null and void. Despite this, both sides continued to regard the treaty as valid and made efforts to demarcate the shared boundaries.

In summary, the 1859 Anglo-Guatemalan Treaty played a key role in shaping the current borders of Belize and Guatemala by establishing a clear boundary line that was recognised by both sides. However, the dispute over the interpretation of Article 7 and Guatemala's claims to Belizean territory have continued to cause tension between the two countries, even after Belize gained independence in 1981.

Britain's response to Guatemala's claims and attempts to nullify the treaty

Britain's response to Guatemala's claims and attempts to nullify the 1859 Anglo-Guatemalan Treaty has been a complex and protracted issue, with both countries asserting their rights and interpretations of the treaty's articles. Here is a detailed account of Britain's response:

Initially, Britain rejected Guatemala's claims of cession, arguing that the 1859 Treaty was primarily a boundary agreement. Britain maintained that the treaty established the borders of Belize (then known as British Honduras) as running from the Rio Hondo to the Sarstoon River. This position was reinforced by the 1931 exchange of letters, in which Guatemala officially accepted the border monuments as marking the boundaries outlined in the 1859 Treaty.

In response to Guatemala's claims of breach of Article 7, which pertained to the construction of a mutually beneficial road, Britain proposed practical steps to fulfil this obligation. Britain suggested that it would provide technical inputs, while Guatemala would supply the necessary materials. However, disagreements arose as Guatemala expected Britain to bear the labour costs as well. Despite these differences, both parties agreed to an Additional Convention in 1863, where Britain committed to contributing £50,000 towards the road's construction.

Britain promptly ratified the Additional Convention, but Guatemala failed to do so within the agreed timeframe. Instead, Guatemala introduced "clarifications" that Britain rejected, stalling the process. Guatemala's inaction and introduction of new conditions were viewed by Britain as a failure to uphold their obligations under the treaty.

In the following decades, Guatemala intermittently renewed its claims on the territory, citing the unfulfilled road construction as a justification for voiding the 1859 Treaty. Britain responded by stationing troops in British Honduras (Belize) to secure the region against potential Guatemalan invasion. This demonstrated Britain's commitment to upholding the treaty and protecting its colonial interests.

In 1939, Guatemala unilaterally abrogated the treaty, again citing Britain's alleged breach of Article 7. Britain continued to reject these claims and pursued diplomatic efforts to find a resolution. The Heads of Agreement treaty, negotiated between Guatemala, Britain, and Belize in an attempt to settle the dispute before Belize's independence in 1981, was vehemently rejected by the Belizean people.

Despite the ongoing dispute, Britain supported Belize's path to independence, and the United Nations passed a resolution guaranteeing Belize's independence with its territory intact. Britain maintained a military presence in Belize even after its independence to protect against Guatemalan incursions.

In summary, Britain consistently defended the validity of the 1859 Treaty and rejected Guatemala's attempts to nullify it. Britain's response included diplomatic negotiations, military deployments, and seeking international support for Belize's independence and territorial integrity. The dispute has persisted, and both countries are now seeking a resolution through the International Court of Justice (ICJ), with referendums held in both countries to authorise this approach.

The treaty's impact on Belize's independence and subsequent international recognition

The 1859 Anglo-Guatemalan Treaty, also known as the Wyke-Aycinena Treaty, was a boundary treaty that defined the borders of Belize (then known as British Honduras) and Guatemala. The treaty was ratified by both sides and established Belize's borders as the Rio Hondo to the north and the Sarstoon River to the south. This treaty had a significant impact on Belize's independence and subsequent international recognition.

The treaty's recognition of Belize's borders was crucial for the country's independence process. With the treaty in place, Belize and the British pursued a path towards independence, which ultimately led to the United Nations passing a resolution guaranteeing Belize's independence. This resolution, passed in November 1980, demanded that Belize gain independence with all its territory intact before the end of the next UN session in 1981.

However, the dispute with Guatemala remained unresolved, and efforts to reach an agreement before Belize's independence were unsuccessful. The Heads of Agreement treaty, negotiated between Guatemala, the UK, and Belize, was rejected by the Belizean people, leading to a state of emergency. Despite these challenges, Belize became independent in 1981, but the dispute continued to linger.

Guatemala recognised Belize's independence in the early 1990s, but it was not until 1999 that the two countries agreed to have simultaneous referendums to send the issue to the International Court of Justice (ICJ). This process took many years, with the referendums finally passing in both countries by 2019.

The impact of the 1859 Anglo-Guatemalan Treaty on Belize's independence and international recognition is complex. On the one hand, the treaty established clear borders for Belize, which was an important step towards independence. On the other hand, the dispute with Guatemala remained a challenge even after independence, and it took decades of negotiations and referendums for the issue to be submitted to the ICJ for a final resolution.

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