Belize: Guatemala's Coveted Caribbean Gateway

Guatemala has laid claim to Belize since 1946, before Belize became an independent nation in 1981. The roots of the dispute, however, go back to the 17th century, when British settlers came to Central America to cut logwood. The Spanish Crown considered these settlers to be pirates, and the British Crown did nothing to protect them. In 1763, Spain gave these settlers the right to cut logwood within a small area that remained subject to Spanish sovereignty. In 1821, Guatemala gained independence from Spain, and a series of treaties defined the borders between Guatemala and Mexico, with Guatemala holding de facto rights to Belize. In 1859, Britain and Guatemala signed a treaty that defined the borders of Belize, and gave Britain exclusive logging rights in the territory. However, the treaty also included an article that said both parties would make their best efforts to build a road from Guatemala City to the Atlantic Coast, which Britain never did. In 1946, Guatemala declared the treaty null and void, citing breach of contract, and laid claim to Belize.

Guatemala's non-recognition of Belize's independence

The Historical Context:

The dispute between Guatemala and Belize has a long history. In the 17th century, British settlers arrived on the coasts of Central America, including present-day Belize, to engage in logging activities. At the time, the Spanish Crown considered these settlers as intruders and pirates. Despite eventual recognition by Spain in 1763, which granted limited rights to the British settlers, the foundations of the dispute were already laid.

The 1859 Treaty:

In 1859, Britain and Guatemala signed a treaty that defined the borders of Belize, from the Rio Hondo to Sarstoon. This treaty also included Article 7, which stated that both parties would make efforts to establish a means of communication, such as a road or river, between Guatemala City and the Atlantic Coast. However, the road was never built, and Guatemala blamed Britain for this breach of the treaty.

Guatemala's Claim and Attempts at Negotiation:

In 1946, Guatemala officially attempted to nullify the 1859 treaty, claiming that Britain had violated its terms. Britain proposed taking the matter to the International Court of Justice (ICJ) for resolution, but Guatemala rejected this idea. This marked the beginning of a prolonged period of failed negotiations between the two countries. Guatemala laid claim to the land in 1946, before Belize gained independence in 1981.

Unsuccessful Negotiations and Border Issues:

Despite several attempts at negotiations, consensus remained elusive. Guatemala insisted on a unilateral handover of Belizean territory, leading to failed mediation efforts by the United Nations. The lack of a formal border between the two countries further complicated the situation, resulting in a buffer zone that became a source of tension and lawlessness. An incident in 2016, involving the death of a Guatemalan boy on the Belizean side of the buffer zone, escalated tensions and led to accusations and military deployments from both sides.

Belize's Independence and International Recognition:

Belize, formerly known as British Honduras, declared independence from the UK in 1981. It joined the United Nations, the Commonwealth, and later the Organization of American States (OAS). Belize has gained formal recognition from most nations, including Guatemala. However, despite recognizing Belize's independence, Guatemala has not accepted its boundaries.

The Path to the ICJ:

In 2008, Belize and Guatemala signed a Special Agreement to resolve the dispute through the ICJ. Both countries were required to hold referendums to authorize taking the matter to the ICJ. Guatemala held its referendum in 2018, with a majority voting in favour of ICJ involvement. Belize held its referendum in 2019, and the result is expected to be close, with many Belizeans divided on the issue.

The 1859 treaty

The treaty was negotiated by Wyke, the British negotiator, and Aycinena, the Guatemalan negotiator. It recognised British sovereignty over the region and established the boundary lines of Belize, which were derived from those defined by Belizean magistrates 20 years earlier. The boundary line was stated in Article I of the treaty 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.

Despite the dispute over the road, both sides continued to regard the 1859 Treaty as valid and made efforts to demarcate the shared boundaries. In 1929, British and Guatemalan boundary commissioners met and constructed concrete monument markers for the border, reinforcing the original border markers that had been placed after the signing of the treaty. In 1931, an exchange of notes between the UK and Guatemala reaffirmed the borders established in the treaty.

In 1939, however, the Guatemalan government unilaterally abrogated the treaty, claiming that Britain was in breach of Article VII. This led to a threat of invasion from Guatemala, prompting Britain to station troops in British Honduras to secure the region. Despite ongoing diplomatic efforts to find a solution, the dispute remained unresolved when Belize gained independence in 1981.

The 1931 treaty

The exchange of notes in 1931 between the UK and Guatemala showed that both governments wanted to finish the demarcation process of the border in 1929. The treaty was upheld by both parties at this point, with Guatemala officially accepting the border monuments as marking the boundaries established in the 1859 Treaty. However, less than 10 years later, Guatemala renewed its claims on the area, arguing that the broken promise of building a mutually beneficial road was grounds to void the 1859 treaty.

In 1934, the United Kingdom declared its desire to build a road from Belize City to the edge of Petén, with Guatemala continuing the road to its capital. However, Guatemala did not agree to this compromise. Instead, they asked for half of the expense of the road (£50,000) with interest accruing since 1859. This was when negotiations began to break down, with Guatemala refusing the UK's counteroffers and suggesting alternative proposals, including arbitration with the President of the United States as the arbiter. The UK declined these proposals and suggested the Hague Court, which Guatemala also refused, believing it did not have the ability to settle the dispute.

In 1939, Guatemala's Foreign Ministry published a supplementary section to The White Book, arguing that the 1859 treaty had lapsed. This was followed by a new Guatemalan constitution in 1944, which declared British Honduras part of Guatemala and that its integration into Guatemala was a national interest. In 1946, Guatemala officially tried to declare the 1859 treaty null and void, which Britain responded to by suggesting the International Court of Justice (ICJ) – a proposal that Guatemala rejected.

Guatemala's 1946 claim

In 1946, Guatemala officially attempted to nullify the treaty, but Britain suggested taking the matter to the International Court of Justice (ICJ), which Guatemala rejected. This initiated years of failed negotiations, with Britain trying to convince Guatemala to accept the possibility of going to court. Guatemala's referendum in April 2018 marked a turning point, with Guatemalans voting in favour of going to the ICJ.

The roots of the dispute between Belize and Guatemala go back to the 17th century, with British settlers arriving on the coasts of Central America. While Spain considered these settlers as intruders, Britain initially did not protect them. It was only in 1763 that Spain, as part of the Treaty of Paris, gave the British settlers the right to cut logwood within a small area under Spanish sovereignty. Over time, these rights were extended through various treaties, and the boundaries of the official British settlement were agreed upon.

Despite this, Spain continued to try to dislodge the settlers until their final attempt in 1798. Even after the collapse of the Spanish Empire in Central America and Mexico in 1821, Britain continued to regard Spain as the sovereign power in the region. This recognition persisted for two decades following the fall of the Spanish Empire.

In 1821, Guatemala gained independence from Spain, and in 1823, it became independent from Mexico. Central America functioned as a federation until 1838, after which it splintered into five separate republics, including Guatemala. During this period, the British settlement expanded far beyond the boundaries agreed upon with Spain.

In 1859, Britain and Guatemala signed the Anglo-Guatemalan Treaty, also known as the Wyke-Aycinena Treaty, which ratified the borders of Belize. This treaty was significant as it was still a legally valid treaty that defined the borders of Belize and included the disputed Article 7 about the construction of a road.

The dispute between Belize and Guatemala has persisted for centuries, with Guatemala claiming all or part of Belize since its independence. The 1946 claim specifically pertained to the nullification of the 1859 treaty due to the unbuilt road, which Guatemala used as justification for their territorial claims.

The ICJ's role in resolving the dispute

The International Court of Justice (ICJ) has played a pivotal role in the Belize-Guatemala dispute, offering a diplomatic avenue to resolve the long-standing conflict. The ICJ is a crucial forum for both nations to present their cases and seek a legally binding resolution.

The roots of the dispute can be traced back to colonial-era treaties, with Britain and Guatemala signing a treaty in 1859 that defined the borders between the two nations. Over time, tensions flared, and Guatemala periodically renewed its claims on the territory, citing various justifications, including broken promises and inherited rights from the Spanish Empire.

In 2008, a significant development occurred when Belize and Guatemala agreed to hold simultaneous referendums to decide whether to send the issue to the ICJ. The referendums, which took place in 2018 and 2019, respectively, resulted in both countries' citizens voting in favour of taking the dispute to the ICJ for a final settlement. This decision marked a critical juncture, shifting the dispute from a bilateral negotiation to an international legal process.

The ICJ's involvement provides a structured framework for both countries to present their arguments and evidence. Belize and Guatemala have submitted their initial briefs, memorials, and counter-memorials, outlining their positions and responses to each other's claims. The written submissions phase concluded in June 2023, with Belize delivering its final written response, known as a 'Rejoinder'. The next step is for the ICJ to set a date for oral hearings, where the legal teams of both countries will present their cases before the judges.

The ICJ's ruling will be pivotal, and it is expected to declare whether Guatemala has any rights over Belize or not. The decision is anticipated to have important geopolitical implications, and both countries have agreed to accept the court's ruling as final and binding. The ICJ's judgment is not expected until 2025 at the earliest, and the court's decision will be a significant milestone in the decades-long territorial dispute between Belize and Guatemala.

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