Belize's Future: Icj Voting Day

On the 8th of May 2019, Belizeans voted on whether to go to the International Court of Justice (ICJ) to resolve a long-standing dispute with Guatemala. The dispute relates to a 200-year-old border dispute between the two countries, which dates back to the 1859 Wyke-Aycinena Treaty between Britain and Guatemala. This treaty recognised British sovereignty over the region and established the modern-day boundary lines of Belize. However, Guatemala argues that Britain violated the treaty by failing to build a mutually agreed-upon road, and therefore the treaty is null and void.

The Belize-Guatemala territorial dispute

Guatemala has disputed its land boundary with Belize since its independence in the 19th century. The border and resulting dispute stem 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 and follows the Sarstoon River and then a series of straight lines to the tripoint with Mexico. The north-south portion of the boundary was reaffirmed by the Organization of American States (OAS) in 2000.

Guatemala's claim stems from a pre-independence 1786 Convention, which places a vague historic boundary in the Sibun River, which lies north of the current border. Guatemala's claims to Belizean territory have varied over time. Currently, Guatemala seems to map all of Belize as disputed territory.

In 1859, Britain and Guatemala signed a boundary treaty which defined their borders from the Rio Hondo to Sarstoon. Both Guatemala and Britain ratified it and it is still a legally valid treaty. The treaty included an article that said both parties would make their best efforts to build a cart road from Guatemala City to the Atlantic Coast. After a few years, the road hadn't been built and Guatemala blamed Britain for it, claiming that the Treaty was a treaty of cession and that because Britain violated it, they were supposed to get their land back.

In 1946, Guatemala officially tried to declare the Treaty null and void. Britain suggested going to the International Court of Justice (ICJ) to resolve their differences, but Guatemala rejected it. After years of failed negotiations, Guatemala finally accepted the possibility of going to Court. Guatemala held its referendum in April 2018 and voted yes to go to the ICJ. Belize held its referendum on May 8, 2019, and 55.4% of voters agreed to allow the ICJ to resolve the dispute.

The 2019 ICJ referendum in Belize

The Belize–Guatemala territorial dispute is an unresolved dispute between the neighbouring Central American states of Belize and Guatemala. The dispute can be traced back to the 1700s when Britain and Spain signed several treaties regarding territories in the Americas. Both nations agreed that modern-day Belize was under Spanish sovereignty, but British settlers could use the land for specific purposes.

In 1859, Britain and Guatemala signed the Wyke-Aycinena Treaty, which defined the borders from the Rio Hondo to Sarstoon. The treaty included an article that stated both parties would make their best efforts to build a cart road from Guatemala City to the Atlantic Coast. However, the road was never built, and Guatemala blamed Britain for it, claiming that the treaty was null and void.

In 1946, Guatemala officially tried to declare the treaty invalid. Britain suggested going to the International Court of Justice (ICJ) to resolve the dispute, but Guatemala rejected this idea. After years of failed negotiations, Guatemala finally accepted the possibility of going to court.

On April 15, 2018, Guatemala held its referendum, with 95.88% of voters supporting sending the claim to the ICJ. Belize was scheduled to hold its referendum on April 10, 2019, but it was delayed due to challenges to its legality. The referendum in Belize was finally held on May 8, 2019, and 55.4% of voters agreed to allow the ICJ to resolve the dispute.

In the lead-up to the referendum, the Government of Belize (GoB) intensified its education awareness tour, hosting presentations throughout the country to inform the public and secure a 'Yes' vote. The Citizens for Defense and Sovereignty (CDS), headed by Ambassador Assad Shoman, actively promoted a 'Yes' vote, arguing that Belize's case was 'iron-clad' based on the 1859 treaty, the 1931 exchange of notes, and the long-standing jurisdiction and rule that Belize has had over its territory. On the other hand, the Belize Peace Movement (BPM) pushed for a 'No' vote, arguing that the exact portion of Belize that the Guatemalan government would argue for at the ICJ was unclear.

The referendum asked Belizeans to answer ''Yes' or 'No' to the question of whether the ICJ should decide on the territorial, maritime, and insular claim from Guatemala over Belizean territory. The outcome of the referendum was significant, as it would determine whether the centuries-old dispute between Belize and Guatemala would be resolved through the ICJ.

The 2018 Guatemalan referendum

Guatemala and Belize have had a long-standing territorial dispute that dates back to the 17th century. In 2008, the two countries reached a Special Agreement to resolve the dispute via the International Court of Justice (ICJ). On 2 August 2017, the Guatemalan Congress approved the agreement, allowing the president to submit to the Supreme Electoral Tribunal the request to convene a referendum. The referendum was held on 15 April 2018, and voters were asked whether the Guatemalan government should request the ICJ to resolve the territorial dispute permanently.

The referendum question was: "Do you agree that any legal claim of Guatemala against Belize relating to land and insular territories and to any maritime areas pertaining to these territories should be submitted to the International Court of Justice for final settlement and that it determines finally the boundaries of the respective territories and areas of the parties?"

The referendum resulted in a "yes" vote by an overwhelming majority, with 95% of the population agreeing to send the dispute to the ICJ for a final decision. The turnout for the referendum was 25%, which is not low by Guatemalan standards. The Guatemalan President, Jimmy Morales, had pushed for a broad turnout, telling Guatemalans that they had a ""historic responsibility" to put the centuries-old dispute to rest.

The Belize referendum was held on 8 May 2019, and 55% of voters opted to send the matter to the ICJ. Belize's referendum was delayed due to a last-minute legal challenge by opposition parties and the need to complete a re-registration process to ensure an accurate and fair vote. The Belize referendum question was the same as that of Guatemala.

The 1859 Wyke-Aycinena Treaty

The treaty included seven articles, with the first six clearly defining the Guatemala-Belize border and acknowledging British sovereignty over the Belize territory. The seventh article, however, caused significant disputes. This article called for cooperation between Guatemala and Great Britain in constructing a transit way, or a cart road, from Guatemala City to the Atlantic coast near the settlement of Belize. The road was intended to benefit both parties, as Belize needed improved communication with the Pacific coast, while Guatemala sought better access to its Atlantic coast.

Despite the treaty, the road was never built due to disagreements between Guatemalan and Belizean authorities over its exact location. Additionally, the conservative government in Guatemala, which had ratified the treaty, lost power in 1871, and the new liberal government declared the treaty null and void. Guatemala argued that the treaty was a "'disguised cession' of territory and that Britain had violated it by failing to build the road. Britain, on the other hand, viewed the treaty as a simple boundary agreement.

The dispute over the interpretation and fulfilment of the Wyke-Aycinena Treaty persisted for decades. In 1946, Guatemala officially attempted to declare the treaty invalid. Britain proposed taking the matter to the International Court of Justice (ICJ) for resolution, but Guatemala rejected this idea. It wasn't until 2018 that Guatemala voted in a referendum to bring the dispute to the ICJ, and Belize followed suit with its own referendum in 2019.

The 1931 exchange of notes between Guatemala and the UK

The voting for the ICJ referendum in Belize took place on the 8th of May 2019.

The 1931 Exchange of Notes was a series of notes exchanged between Guatemala and the UK, confirming concrete markers that implemented parts of the 1859 border lines from the Wyke-Aycinena Treaty. This treaty, signed by Britain and Guatemala, recognised British sovereignty over the region of Belize and formed the modern-day boundary lines of Belize.

The 1931 Exchange of Notes reaffirmed the validity of the 1859 Convention and recognised the border markers at two key locations: Garbutt's Falls on the bank of the Mopan River, and Gracias a Dios on the River Sarstoon. These markers were constructed by commissioners from both governments and were accepted by Guatemala's Ministry of Foreign Affairs as "part of the boundary line".

The exchange of notes demonstrated that both parties were upholding the 1859 treaty at this point. However, less than a decade later, Guatemala renewed its claims on the area, citing the broken promise of a mutually beneficial road as justification for voiding the treaty. This led to a series of negotiations and rising tensions between the two nations, which continued until Belize's independence in 1981.

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