The Belize Border Dispute: A Lingering Legacy

Belize has been the subject of a territorial dispute with neighbouring Guatemala, which claims part of Belize's territory as its own. The roots of the dispute can be traced back to the 17th century, when British settlers arrived on the coast of Central America to cut logwood. At the time, the Spanish Crown considered these settlers to be pirates, and while the British Crown initially did nothing to protect them, it eventually won grudging acceptance from Spain for their presence.

In 1859, Britain and Guatemala signed a treaty which defined the borders of Belize from the Rio Hondo to Sarstoon. However, this treaty also included an article stating that both parties would make efforts to build a road from Guatemala City to the Atlantic Coast, which Britain never did. As a result, Guatemala claimed the treaty had been violated and that it was entitled to the land back.

In 1946, Guatemala officially tried to declare the treaty null and void, and while Britain suggested going to the International Court of Justice (ICJ) to resolve the issue, Guatemala rejected this idea. After years of failed negotiations, Guatemala finally agreed to submit its claim to the ICJ in 2008, and held a referendum in 2018, in which its citizens voted in favour of referring the decision to the ICJ. Belize held a similar referendum in 2019, with voters ultimately approving the referral of the dispute to the ICJ.

The 1859 treaty between Guatemala and Britain

The roots of the Belize-Guatemala territorial dispute can be traced back to the 17th century, but the conflict has taken many twists and turns during Belize’s periods under colonial control and as an independent state.

In 1859, Britain and Guatemala signed a boundary treaty which defined the borders of Belize from the Rio Hondo to Sarstoon. The treaty was ratified by both sides and is still a legally valid treaty. The treaty derived its boundary from the Belizean magistrates of 20 years prior, stating the boundary line in Article I as follows:

> Beginning at the mouth of the River Sarstoon in the Bay of Honduras, and proceeding up the mid-channel thereof to Gracias á Dios Falls; then turning to the right and continuing by a line drawn direct from Gracias á Dios Falls to Garbutt's Falls on the River Belize, and from Garbutt's Falls due north until it strikes the Mexican frontier.

The treaty also included Article VII, which stated that both parties would make their best efforts to jointly establish the "easiest means of communication", using roads or rivers, between Guatemala City and the Atlantic Coast. However, there was disagreement between the British and Guatemalan negotiators about the interpretation of this article, with the British understanding that the burden of building the road would be shared between the two countries, while the Guatemalans believed that Britain alone would bear the full burden.

In 1863, both sides agreed on a convention to implement Article VII, with the British Government committing to provide 50,000 pounds sterling towards the cost of the road. The convention was ratified by Britain but Guatemala failed to ratify it within the agreed timeframe. Despite this setback, the two sides continued to regard the 1859 treaty as valid and made efforts to demarcate the shared boundaries over the next eighty years.

In 1939, the Guatemalan government unilaterally abrogated the treaty on the grounds that the United Kingdom had breached Article VII by failing to build the road. This led to a threat of invasion from Guatemala, prompting the British to station troops in British Honduras (as Belize was then known) to secure the region. Diplomatic efforts to resolve the dispute continued over the following decades, but ultimately proved futile, and Belize gained independence in 1981 with the issue still unresolved.

In summary, the 1859 treaty between Guatemala and Britain established the modern-day boundary lines of Belize and was ratified by both sides. However, disagreements over the interpretation of Article VII and the failure to build the road led to tensions and ultimately the abrogation of the treaty by Guatemala in 1939. Despite this, the treaty remained a key reference point in the ongoing territorial dispute between the two countries, which has persisted even after Belize's independence.

Guatemala's claim on Belizean land in 1946

In the 1859 Wyke-Aycinena Treaty, Guatemala recognised British sovereignty over the region and formed the modern-day boundary lines of Belize. The treaty also included an article about building a mutually beneficial road, though this road was never built. In 1946, Guatemala officially tried to declare the Treaty null and void, arguing that it was a treaty of cession and that Britain's failure to build the road meant they were owed land. Britain suggested going to the International Court of Justice (ICJ) to resolve the issue, but Guatemala rejected this.

In the following decades, Guatemala continued to claim the territory of Belize, in whole or in part. Tensions flared up intermittently, with Guatemala periodically massing troops on the border and threatening invasion. In 1954, a US-backed military coup overthrew Guatemala's government, and the country was ruled by authoritarian military regimes for the next 40 years.

In 1981, Belize gained independence, but the dispute with Guatemala remained unresolved. Guatemala recognised Belize's independence in the early 1990s but continued to claim the territory. In 1999, Guatemala shifted its stance, claiming it had inherited Spain's 15th-century rights to the land.

In 2008, Guatemala and Belize made a pact to hold simultaneous referendums to send the issue to the ICJ. The referendums passed in both countries by 2019, and as of 2022, both countries are settling the dispute at the ICJ.

Guatemala's rejection of the ICJ

Guatemala and Belize have been locked in a territorial dispute since the 17th century, when British settlers arrived on the coast of Central America. The Spanish Crown considered these settlers to be pirates, and the British initially provided no protection. However, in 1763, Spain granted these settlers, known as "Baymen", the right to cut logwood within a small area under Spanish sovereignty. Over time, these rights were expanded, and in 1783 and 1786, the boundaries of the official British settlement were agreed upon. Despite this, Spain continued to try to expel the settlers until 1798.

In 1821, Central America gained independence from Spain, and in 1838, it splintered into five separate republics, one of which was Guatemala. By this time, the Baymen had pushed the boundaries of their settlement beyond the limits agreed upon with Spain. Great Britain pushed Guatemala to sign a boundary treaty based on effective occupation, resulting in the Anglo-Guatemalan Treaty of 1859, which defined the borders of Belize (then known as British Honduras) as extending from the Rio Hondo to Sarstoon. This treaty included Article 7, which stipulated that both parties would work together to establish a means of communication from the highlands of Guatemala to the Caribbean coast. Due to ambiguity in this article, an Additional Convention was signed in 1863, clarifying that the British government would contribute financially to the construction of a road or other means of communication. However, Guatemala failed to ratify this Convention before the agreed-upon date, and the British government refused an extension, leading to the Convention's lapse.

Despite this setback, both sides continued to recognise the validity of the 1859 treaty and even made efforts to demarcate their shared boundaries. However, in 1939, the Guatemalan government unilaterally abrogated the treaty, accusing the United Kingdom of breaching Article 7. This led to a threat of invasion and the establishment of a British military presence. Diplomatic efforts to resolve the dispute ensued, but ultimately failed, and Belize gained independence in 1981 with the issue still unresolved. Guatemala recognised Belize's independence in 1991 but made clear that it did not accept its boundaries.

In 2008, Belize and Guatemala reached a Special Agreement to resolve their dispute through the International Court of Justice (ICJ). However, implementing this agreement has been challenging due to the non-appealable nature of ICJ decisions, requiring both countries to overcome constitutional obstacles and prepare their electorates for referendums to authorise the ICJ's involvement. While Guatemala held its referendum in 2018 with a 95% majority voting in favour of the ICJ, the issue has been more divisive in Belize, with opponents arguing that the country's boundaries are already secure and recognised in its constitution.

In conclusion, Guatemala's rejection of the ICJ's involvement in the territorial dispute with Belize has been a significant obstacle to resolving this centuries-old conflict. While both countries agreed to resolve the dispute through the ICJ in 2008, the implementation has been challenging due to the finality of the ICJ's decisions. The dispute's persistence has impacted Belize's security, trade, tourism, investment, and development potential.

Belize's 2019 referendum

The roots of the dispute between Belize and Guatemala go back to the 17th century when British settlers and their slaves came to the coasts of Central America to cut logwood. The Spanish Crown considered these settlers to be pirates, and while the British Crown initially did nothing to protect them, it eventually agreed to give them the right to cut logwood within a small area that remained subject to Spanish sovereignty. Over time, the boundaries of the British settlement were expanded beyond what had been agreed with Spain. In 1859, the Anglo-Guatemalan Treaty was ratified by both sides, and the country became known as the colony of British Honduras in 1862 (renamed Belize in 1973).

However, in 1939, the Guatemalan government unilaterally abrogated the treaty, claiming that the United Kingdom had breached Article 7, which called for the construction of a means of communication from the highlands of Guatemala to the Caribbean coast. This led to a threat of invasion and the establishment of a British military presence. Despite Belize gaining independence in 1981, Guatemala continued to claim the territory.

In 2008, the two sides reached a Special Agreement to resolve the dispute via the ICJ. Guatemala held its referendum in April 2018, with 95% voting in favour of going to the ICJ. The Belize referendum was delayed by legal challenges from the opposition People's United Party (PUP), which argued that the referendum could lead to unconstitutional territorial changes. The Belizean government introduced new legislation to address the injunction, but the PUP maintained that a two-thirds majority vote was needed to amend the constitution. The referendum was eventually held on 8 May 2019, with a majority of over 55% of voters approving the proposal to take the dispute to the ICJ.

Border tensions and incursions

The Belize-Guatemala border dispute has led to various illegal incursions and resource thefts by Guatemalans in the disputed territory, as well as numerous killings of Guatemalan squatters by Belizean civilians and soldiers.

In 2016, someone shot and killed a 13-year-old Guatemalan boy on the Belizean side of the buffer zone. While local Guatemalan villagers claimed that Belizean law enforcement murdered the boy, Belizean authorities claimed self-defense from poachers. In response, Guatemala deployed police and military to the buffer zone to protect local villagers, leading Belize to claim that Guatemala was mobilizing to invade. The Jimmy Morales administration in Guatemala swore vengeance on Belize, while Belize criticised the Morales administration for its handling of the situation.

Guatemala gained independence from Spain in 1821 and claims that it inherited Spain’s original claim to a large part of what is now Belizean territory. Belize, on the other hand, gained independence from the UK in 1981 and argues that its borders were defined by the 1859 boundary convention between the UK and Guatemala.

The roots of the dispute can be traced back to the 17th century when British settlers and their slaves came to the coasts of Central America to cut logwood. The Spanish Crown considered these intruders to be pirates, and while the British Crown initially did nothing to protect them, it eventually won grudging acceptance from the United States that the "Settlement in the Bay of Honduras" did not challenge the Monroe Doctrine. This led Guatemala to sign a boundary treaty with Britain in 1859, which defined the borders of Belize from the Rio Hondo to Sarstoon. However, Article 7 of the treaty, which called for the construction of a means of communication from the highlands of Guatemala to the Caribbean coast, was never fully realised.

In 1939, the Guatemalan government unilaterally abrogated the treaty, claiming that the United Kingdom was in breach of Article 7, and threatened to invade. This led to the establishment of a British military presence in Belize, and while diplomatic efforts to find a solution were pursued, they ultimately proved futile. Belize became independent in 1981 with the dispute unresolved, and while Guatemala recognised the independent state of Belize in 1991, it continued to claim the territory, arguing that it did not accept its boundaries.

In 2008, the two sides reached a Special Agreement to resolve the dispute via the International Court of Justice (ICJ). Guatemala held its referendum in April 2018, with over 95% of voters (with a low turnout of only 25%) voting in favour of referring the decision to the ICJ. In April 2019, Belizeans also approved the referral of the dispute to the ICJ by a 55% to 45% majority.

Frequently asked questions