The Belize Referendum: A Historic Decision Or A Missed Opportunity?

The Belize referendum concerns a territorial dispute with neighbouring Guatemala, which claims it is the rightful owner of about half of Belize's territory. The roots of the dispute go back to the 17th century, when British settlers and their slaves came to the coasts of Central America to cut logwood. Guatemala gained independence from Spain in 1821 and from Mexico in 1823, and the Belizean territory in dispute was originally part of Guatemala. In 1859, Britain and Guatemala signed a boundary treaty defining their borders, but in 1946 Guatemala tried to declare the treaty null and void. Britain suggested going to the International Court of Justice (ICJ) to resolve the issue, but Guatemala rejected this idea until 2008. Guatemala held its referendum in April 2018, voting yes to going to the ICJ. On 10 April 2019, Belizeans voted in a referendum and decided to ask the ICJ to settle the dispute.

Guatemala's claim to Belizean territory and waters

In 1859, Britain and Guatemala signed the Wyke-Aycinena Treaty, which 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, although this never happened. Guatemala argued that the treaty was one of cession and, because Britain had violated it, they were owed their land back.

In 1939, the Guatemalan government unilaterally abrogated the treaty, arguing that the United Kingdom was in breach of Article 7. This was followed by a threat of invasion, and Britain stationed troops in Belize to secure the region.

In 1946, Guatemala officially tried to declare the 1859 treaty null and void. Britain suggested going to the International Court of Justice (ICJ) to resolve their differences, but Guatemala rejected this. In 1999, Guatemala shifted its stance back to inheriting claims from the Spanish Empire and the Federal Republic of Central America.

In 2008, Guatemala and Belize made a pact to have simultaneous referendums for their voters to decide whether to send the issue to the ICJ. Guatemala held its referendum in April 2018, with 95.88% of voters supporting sending the claim to the ICJ. Belize held its referendum in May 2019, with 55.4% of voters agreeing to allow the ICJ to resolve the dispute.

The 1859 Treaty

The treaty included Article 7, which stated that both parties would use their "best efforts" to jointly establish the "easiest means of communication" between Guatemala City and the Atlantic Coast. This could be achieved through the construction of roads or the use of rivers. Despite this agreement, the road was never built, and Guatemala blamed Britain for the lack of construction.

In 1863, an Additional Convention was signed to clarify the financial contribution of the British government towards the construction of the road or "other line of communication". Guatemala, however, was unable to ratify this agreement by the agreed-upon date, and Britain refused to grant an extension. As a result, the Convention lapsed.

Despite the issues surrounding Article 7, both sides continued to regard the 1859 Treaty as valid. They made efforts to demarcate the shared boundaries over the next eighty years. However, in 1939, the Guatemalan government unilaterally abrogated the treaty, claiming that Britain was in breach of Article 7. This led to a threat of invasion and the establishment of a British military presence in Belize.

The dispute between Belize and Guatemala persisted for many years, even after Belize gained independence in 1981. It was only in 2008 that both sides reached a Special Agreement to resolve the dispute through the International Court of Justice (ICJ). This agreement led to the 2018 referendum in Guatemala and the upcoming 2019 referendum in Belize, where citizens will decide whether to take the territorial dispute to the ICJ for a final settlement.

The 1931 Treaty

In 1931, Britain and Guatemala exchanged letters formally acknowledging the border monuments as markers of the boundaries established in the 1859 Treaty. These permanent border monuments were placed in 1929 by British and Guatemalan boundary commissioners, who reinforced the original markers that had been put in place right after the 1859 Treaty was signed.

In 1946, Guatemala officially tried to declare the 1859 Treaty null and void. Britain suggested going to the International Court of Justice (ICJ) to resolve their differences, but Guatemala rejected this proposal. After years of failed negotiations, Guatemala finally accepted the possibility of going to court.

The Webster Proposals

The Proposals effectively placed Belize under Guatemalan control, subjecting it to the dictates of its neighbour in matters of external defence and international relations. Even the provision of internal security in Belize, typically a responsibility of the dependent state, was to be subject to consultation and cooperation with Guatemala.

The people of Belize strongly opposed these proposals, as they believed they compromised their aspirations for full sovereignty as a free and independent nation. Riots erupted in Belize City after the terms of the Proposals were leaked, and Britain was forced to reject them. On 20 May 1968, the British Secretary of State for Foreign Affairs, Michael Stewart, announced that since the draft Treaty was not acceptable to Belize, it was also unacceptable to the British government.

The International Court of Justice (ICJ)

In the context of the Belize-Guatemala territorial dispute, the ICJ has been proposed as a means to reach a definitive decision and resolve the longstanding conflict. In 1859, Britain and Guatemala signed a boundary treaty, defining the borders of Belize from the Rio Hondo to Sarstoon. However, due to disagreements over the interpretation of Article 7 of the treaty, which pertained to the construction of a road from Guatemala City to the Atlantic Coast, Guatemala attempted to declare the treaty null and void in 1946. Britain suggested involving the ICJ to resolve the dispute, but Guatemala initially rejected this option.

In 2008, Belize and Guatemala reached a Special Agreement to resolve the dispute via the ICJ, and Guatemala held a referendum on the matter in April 2018, with a majority voting in favour of seeking an ICJ ruling. Belize was initially expected to hold its referendum in May 2018 but faced delays due to legal challenges and the need to ensure an accurate and fair voting process. Belizeans will decide whether to take the dispute to the ICJ in a referendum scheduled for April 10th, 2019.

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