Belize-Guatemala: A Complex History Of Border Disputes

Belize and Guatemala share a border and have a long history of territorial disputes. Guatemala has claimed sovereignty over all or part of Belizean territory since Belize's independence in 1981. The border dispute stems from colonial documents, first between the United Kingdom and Spain, and later between the United Kingdom, on behalf of British Honduras (now Belize), and independent Guatemala. The de facto boundary, disputed by Guatemala, is based on an 1859 Convention and a 1931 Exchange of Notes. Guatemala's claim stems from a pre-independence 1786 Convention, which places a vague historic boundary in the Sibun River, north of the current border. Guatemala recognised Belize's independence in the early 1990s, but tensions remain.

Belize's independence from Guatemala

Belize, formerly known as British Honduras, is not a part of Guatemala. Belize gained independence from the United Kingdom on 21 September 1981, becoming a fully independent nation-state. However, Guatemala has disputed its land boundary with Belize since its independence, claiming sovereignty over the territory of Belize in whole or in part.

The roots of this dispute can be traced back to the colonial era, when Britain and Spain signed several treaties regarding territories in the Americas. While both nations agreed that modern-day Belize was under Spanish sovereignty, British settlers were allowed to use the land for specific purposes and established settlements in the region. The 1859 Wyke-Aycinena Treaty between Guatemala and Britain recognised British sovereignty over the region and formed the modern-day boundary lines of Belize. However, tensions flared up intermittently throughout the 20th century, with Guatemala periodically renewing its claims on the area.

In the lead-up to Belize's independence, negotiations between the United Kingdom, Guatemala, and Belize took place, resulting in the Heads of Agreement treaty. However, this treaty was vehemently rejected by the Belizean people, causing a state of emergency and ultimately collapsing. Belize achieved independence without reaching a resolution with Guatemala.

Despite recognising Belize's independence in the early 1990s, Guatemala has continued to assert its claims over Belizean territory. In 1999, Guatemala shifted its stance, arguing that it inherited Spain's historical claims over the region. In 2008, both countries agreed to submit their dispute to the International Court of Justice, pending referendums in both nations. The referendums passed, and as of 2022, the case is being settled at the International Court of Justice, with a ruling not expected until 2025 at the earliest.

While Guatemala recognises Belize as a separate nation today, the territorial dispute remains unresolved, and the outcome will have significant implications for the region.

The Belize-Guatemala territorial dispute

Historical Context

During the colonial era, both Spanish and British colonists vied for control of the region, with the Spanish ultimately assuming control of Belize and Guatemala. In 1670, the Godolphin Treaty saw Spain confirm English control of all English-settled territories in the Western Hemisphere, although the specific territories were not defined. In 1763, the Treaty of Paris relinquished British claims in the area in exchange for economic rights. By the 1820s, the Spanish Empire was rapidly losing its grip on Central America, and in 1821, the new nation of Mexico, which had broken away from Spain, absorbed Central America.

Guatemalan Claims

Guatemala, along with other Central American states, declared independence and formed the Federal Republic of Central America. The new nations claimed they had inherited Spain's sovereign rights in the area. Guatemala's claims varied, either asserting control of all of Belize or splitting the territory along the Sibun River to respect Mexican claims.

The Wyke-Aycinena Treaty

In 1859, Britain and Guatemala negotiated the Wyke-Aycinena Treaty, which recognised British sovereignty over Belize and established the modern-day boundary lines. The treaty also included an article about building a mutually beneficial road, although it was never constructed. Despite the treaty, tensions flared up intermittently throughout the 20th century.

Renewed Claims and Disputes

In the 1930s, Guatemala renewed its claims on the area, citing the unbuilt road as a justification for voiding the 1859 treaty. In 1945, the new Guatemalan constitution declared Belize part of Guatemalan territory. In 1948, Guatemala threatened to invade Belize, prompting Britain to station troops in Belize to secure the region.

Belize's Independence

Belize pursued a path to independence, which was achieved in 1981. Guatemala recognised Belize's independence in the early 1990s, but in 1999, shifted its stance back to inheriting claims from the Spanish Empire and the Federal Republic of Central America. In 2008, both countries agreed to hold simultaneous referendums to send the issue to the International Court of Justice (ICJ). The referendums passed in both countries, and as of 2022, the ICJ is expected to rule on the dispute by 2025 at the earliest.

Impact and Resolution

The territorial dispute has impacted Belize's security, trade, tourism, investment, and development potential. While the ICJ ruling is pending, there is still tension around the decision as it will be final. The outcome of the case will have important geopolitical ramifications, and it is expected that the ICJ will uphold Belizean sovereignty and discourage territorial disputes based on fabricated claims.

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 British sovereignty over the Belize territory.

The treaty was controversial, with Guatemala arguing that it was a "disguised cession" of territory, possibly violating the Clayton-Bulwer Treaty of 1850. The seventh article of the treaty, which called for Guatemala and Great Britain to cooperate in building a transit route from Guatemala City to the Atlantic coast, was never fulfilled due to disputes over each government's expected contribution. An additional convention in 1863 attempted to clarify Article 7, but lapsed as Guatemala failed to ratify it.

The treaty was ratified by Rafael Carrera, who came to power in Guatemala in 1840. Carrera stopped complaints over Belize and established a Guatemalan consulate in the region to oversee Guatemalan interests. However, the treaty was later declared void when the conservatives lost power in Guatemala in 1871, and a liberal government was established.

Guatemala's recognition of Belize's independence

The Belizean-Guatemalan territorial dispute centres around the interpretation of historical treaties and conventions, primarily the Wyke-Aycinena Treaty of 1859, which established the modern-day boundary lines of Belize. This treaty also included an article about building a mutually beneficial road, which was never constructed. Guatemala used the broken promise of this road as justification to void the treaty less than a decade later and renew its claims on the area.

In the decades that followed, tensions flared intermittently between Guatemala and British Honduras (as Belize was then known). Britain stationed troops in British Honduras to secure the region against Guatemalan invasion, and numerous negotiations were held in an attempt to resolve the dispute. Belize, with British support, pursued a path to independence, which was officially achieved in 1981. However, the border dispute remained unresolved, and Guatemala continued to claim the territory of Belize.

It wasn't until the early 1990s that Guatemala finally recognised Belize's independence, although it did not accept its boundaries. In 1999, Guatemala shifted its stance once again, reverting to its inherited claims from the Spanish Empire and the Federal Republic of Central America. This led to both countries stationing troops at the border and agreeing to a one-kilometre "adjacency zone" on either side of the 1859 treaty borders.

In 2008, a significant development occurred when Guatemala and Belize agreed to hold simultaneous referendums to send the issue to the International Court of Justice (ICJ). The referendums passed in both countries by May 2019, and as of June 2022, both nations are awaiting a ruling from the ICJ, which is not expected until 2025 at the earliest.

While Guatemala has recognised Belize's independence, the territorial dispute between the two nations remains unresolved. The ICJ's decision will be pivotal in determining the final settlement of this long-standing conflict.

The International Court of Justice's ruling on the dispute

The International Court of Justice (ICJ) is the principal judicial organ of the United Nations. The ICJ has a twofold role: firstly, to settle, in accordance with international law, legal disputes submitted to it by states; and secondly, to give advisory opinions on legal questions referred to it by authorised UN organs and agencies.

In 2008, Guatemala and Belize made a pact to have simultaneous referendums for their voters to send the issue of their border dispute to the ICJ. The referendums passed in both countries by May 2019. As of June 2019, the ICJ was seized of the dispute, with both countries submitting requests for the ICJ to resolve it.

The ICJ will determine, in accordance with applicable rules of international law, any and all legal claims of Guatemala against Belize to land and insular territories and to any maritime areas pertaining to these territories. It will declare the rights of both parties in these territories and determine the boundaries between their respective territories and areas.

The procedure will consist of two stages: one for the presentation of written pleadings and another for oral hearings. The ruling will be implemented by a bi-national commission, the composition of which is to be agreed upon within three months of the court's decision. The ICJ's ruling is final and binding, and both parties have undertaken to comply with and implement it in full and in good faith.

The ICJ is not expected to rule until 2025 at the earliest. It is thought that the court will likely rule in Belize's favour, given that the 1859 treaty was ratified by both sides and implemented by Guatemala for 80 years, that Guatemala has never occupied any part of Belize, and that Belize's boundaries have been recognised by virtually all independent states.

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