The Belize-Guatemala Border Dispute: Understanding The Contentious Issues

The Belize–Guatemala territorial dispute is an unresolved conflict between the two Central American countries. The roots of the dispute can be traced back to the 17th century, when British settlers arrived on the coast of Central America. At the time, the Spanish Crown considered these settlers mere pirates, and Britain did nothing to protect them. In 1763, Spain gave these settlers, known as Baymen, the right to cut logwood within a small area that remained subject to Spanish sovereignty. In 1859, Britain and Guatemala signed a treaty that defined the borders of Belize from the Rio Hondo to Sarstoon. However, the treaty included an article that stated both parties would make their best efforts to build a road from Guatemala City to the Atlantic Coast. When the road was not built, Guatemala blamed Britain, claiming that the treaty was a treaty of cession and that they were therefore entitled to the land. This disagreement has persisted for nearly two centuries, despite Guatemala recognising Belize's independence in 1991. In 2008, the two countries agreed to resolve the dispute via the International Court of Justice (ICJ). Guatemala held its referendum in 2018, with 95% voting in favour of going to the ICJ. Belize held its referendum in 2019, with a small majority voting in favour. The ICJ is expected to rule on the dispute by 2025 at the earliest.

The 1859 Treaty

The origins of the dispute date back to the 17th century when British settlers arrived on the coasts of Central America. The Spanish Crown, which had claimed the land since the 15th century, considered these settlers to be pirates. In 1763, as part of the Treaty of Paris, Spain gave these settlers, known as "Baymen", 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, and by the 1820s, the Baymen had pushed south of the limits agreed with Spain in 1786.

> 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.

In addition to establishing the boundary, the treaty also included an article about building a mutually beneficial road from Guatemala to the Atlantic Coast near the settlement of Belize. However, this road was never built, and less than 10 years after the treaty, Guatemala renewed its claims on the area, arguing that the broken promise of the road invalidated the treaty.

Despite the ongoing dispute, Britain and Belize continued to pursue independence. In an attempt to settle the dispute before Belize's official independence in 1981, Guatemala, the UK, and Belize negotiated the Heads of Agreement treaty. However, this treaty was rejected by the Belizean people, and Belize gained independence without a resolution to the territorial dispute. Guatemala eventually recognised Belize's independence in the early 1990s but shifted its stance back to inheriting claims from the Spanish Empire.

In recent years, both countries have agreed to refer the issue to the International Court of Justice, and as of 2022, the court is expected to rule on the dispute by 2025 at the earliest.

The 1931 Treaty

In 1929, British and Guatemalan commissioners constructed permanent border monuments to reinforce the original border markers that had been placed after the 1859 Treaty was signed. The 1931 Treaty served as an official acknowledgement of these monuments as marking the boundaries between Guatemala and Belize. This was seen by many as Guatemala's formal acceptance of British sovereignty over Belize.

However, less than a decade later, Guatemala renewed its claims on the area, citing the unbuilt road from the 1859 Treaty as justification for voiding the agreement. This led to a series of negotiations and a continued dispute over the territory, which remains unresolved despite Guatemala recognising Belize's independence in the early 1990s.

In recent years, both Belize and Guatemala have agreed to refer the issue to the International Court of Justice (ICJ) to reach a definitive decision. While Guatemala held a referendum in 2018 with a majority voting in favour of going to the ICJ, Belize held its referendum in 2019, with a slim majority voting in support of taking the dispute to the ICJ.

Guatemala's claim to Belizean territory

In 1821, when various countries in Latin America gained independence from Spain, around 4,000 British settlers in Belize had penetrated as far as the Sarstoon River. In 1839, after the United Provinces of Central America was dissolved, Guatemala claimed sovereignty over Belize as an "inheritance" from Spain—a claim rejected by the British. In 1859, Britain and Guatemala signed a treaty that, from the British point of view, defined the current boundaries between Belize and Guatemala. However, Guatemala viewed it as a treaty of cession, where they gave up rights to the land. As part of the treaty, Britain agreed to help build a road to improve communications between Guatemala and the Atlantic Coast. This road was never built, and Guatemala claimed the treaty was broken.

In the 1930s, Guatemala's ruling party brought the issue back up, and in 1945, the new Guatemalan constitution declared Belize to be part of Guatemalan territory, threatening to invade. Similar threats occurred in subsequent years, and in 1948, Britain mobilised infantry companies in defence of the land. In 1961, Belizean politicians became involved in diplomatic efforts to find a solution. However, these attempts proved futile, and Belize gained independence in 1981 with the dispute unresolved. Guatemala recognised Belize's independence in 1991 but made clear that it did not accept its boundaries.

Guatemala's claims to Belizean territory have varied over time. In 1999, Guatemala articulated a new position, claiming more than half of Belize's territory, amounting to roughly 53% of the country. This claim includes significant portions of the Cayo and Belize Districts, as well as all of the Stann Creek and Toledo Districts. Guatemala's claim is based on a pre-independence 1786 Convention, which places a vague historic boundary in the Sibun River, located north of the current border. Guatemala argues that the area between the Sibun River and the Sarstoon River was "illegally" occupied by Britain and must be returned, along with all the cayes.

The Belize-Guatemala border

The roots of the conflict can be traced back to the 17th century when British settlers arrived on the coasts of Central America, which was largely under Spanish control. Despite several treaties between Britain and Spain regarding territories in the Americas, the area that is now Belize was never fully under the rule of either empire. When the Spanish Empire fell, Guatemala claimed it inherited Spain's sovereign rights over the territory.

In 1859, Britain and Guatemala signed the Wyke-Aycinena Treaty, which established the modern-day boundary lines of Belize, running from the Rio Hondo to the Sarstoon River and then a series of straight lines to the tripoint with Mexico. This treaty also included an article about building a road from Guatemala City to the Atlantic Coast, which was never constructed. Guatemala blamed Britain for this failure and used it as justification to renew its claims on the territory.

Throughout the 20th century, tensions flared up intermittently, with Guatemala periodically threatening invasion and massing troops on the border. In response, Britain stationed troops in Belize to secure the region. Negotiations between the two countries took place over the decades, but a resolution remained elusive.

Belize gained independence from the United Kingdom in 1981, but the border dispute persisted. Guatemala recognised Belize's independence in the early 1990s but continued to dispute its borders. In 1999, Guatemala shifted its stance, claiming it had inherited rights over Belize from the Spanish Empire and the Federal Republic of Central America. This claim amounted to approximately 53% of Belize's landmass.

In an effort to resolve the dispute, Belize and Guatemala agreed in 2008 to hold simultaneous referendums to determine whether to send the issue to the International Court of Justice (ICJ). The referendums were eventually held in both countries, passing with a majority vote. As of 2022, both countries have submitted their initial briefs to the ICJ, and a ruling is not expected until 2025 at the earliest.

The International Court of Justice

The ICJ has been an option for Belize and Guatemala since 1937, when the British proposed going to the ICJ on the basis of international law. However, Guatemala rejected this proposal.

In 2008, Belize and Guatemala made a pact to have simultaneous referendums for their voters to decide whether to send the issue to the ICJ. The referendums passed in both countries by May 2019.

The Guatemalan referendum was held in April 2018, with 95.88% of voters supporting sending the claim to the ICJ. The Belize referendum was held in May 2019, with 55.4% of voters agreeing to allow the ICJ to resolve the dispute.

As of June 2022, both countries are settling the dispute at the ICJ, with both having submitted their initial briefs to the organisation. The ICJ is not expected to rule until 2025 at the earliest.

The ICJ will decide the case under Article 38 (1) of its Statute, which states that the ICJ must consider:

• Treaties
• Customary international law
• General principles of international law
• Past judicial decisions

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