After referendums in 2018 and 2019, the Guatemalan government submitted its report to The Hague in 2020 and the Belizean government has one year to reply.
Guatemala presented its position before the International Court of Justice in The Hague last December, with a half year delay attributed to the emergency status of Covid-19; now Belize will have one year to respond. Although the ICJ will then take its time to draft a sentence, it can be said that the territorial dispute between the two neighbors has begun its final stretch, considering that the dispute over this Central American enclave dates back to the 18th century.
Coats of arms of Guatemala (left) and Belize (right) on their respective flags.
article / Álvaro de Lecea
The territorial conflict between Guatemala and Belize has its roots in the struggle between the Spanish Empire in America and the activity of England in the Caribbean during the colonial era. The inaction of the Spanish Crown at the end of the 18th century in the face of British invasions in what is now Belize, which at that time was Spanish territory, allowed the English to establish a foothold in Central America and begin to exploit continental lands in search of precious woods, such as palo de tinte and mahogany. However, the reservations placed by Guatemala on part of the Belizean land - it claims more than 11,000 km2, almost half of the neighboring country; it also claims the corresponding maritime extension and some cays - generated a status of tension and conflict that has been maintained to the present day.
In 2008, both countries decided to hold referendums on the possibility of taking the dispute to the International Court of Justice (ICJ), so that it could rule on the division of sovereignty. The Belizeans approved to take that step in 2018 and the Guatemalans the following year. The issue was formalized before the ICJ in The Hague on June 12, 2019.
Historical context
The territory of present-day Belize was colonized by Spain in the mid-16th century, as part of the Viceroyalty of New Spain and dependent on the captaincy of Guatemala. However, since there were no mineral resources there and there was hardly any population, the metropolis paid little attention to the area. This scarce Spanish presence favored the attack of pirates and to avoid them, the Spanish Crown allowed an increasing English exploitative activity in exchange for defense. England carried out a similar penetration in the Caribbean coasts of Nicaragua, but while the Spaniards managed to expel the English from there, in the area of Belize they consolidated their settlement and finally obtained the territory by the Treaty of Paris of 1783, by which Spain disengaged itself from that Central American corner. That concession and another one three years later covered only 6,685 km2, a space close to the coast that England later enlarged, inland and to the south, since Spain was not active in the area. From then on, the enclave was known as "British Honduras".
The cession did not take into account the claims of the Guatemalans, who considered the space between the Sarstún and Sibún rivers as their own. Both with west-east course, the first draws, in the south of what is now Belize, the border with Guatemala; the other, further north, runs through the center of Belize, with mouth next to its capital, splitting the country in two. However, given the urgency for international recognition when it declared its independence in 1821, Guatemala signed several agreements with England, the great power of the time, to ensure the viability of the new state. One of them was the Aycinena-Wyke Treaty (1859), by which Guatemala accepted the Belizean borders in exchange for the construction of a road that would improve its access from its capital to the Caribbean. However, both parties blamed the other for not complying with the Treaty (the road was not built, for example) and Guatemala declared it null and void in 1939.
In the Constitution promulgated in 1946, Guatemala included the claim in the drafting, and has insisted on that position since the neighboring country, under the name of Belize, gained its independence from the United Kingdom in 1981. Already in 1978 the UN approved a resolution guaranteeing the rights to self-determination and territorial protection of the Belizean people, which also called for a peaceful resolution of the neighboring conflict. Guatemala did not recognize the existence of the new sovereign state until 1991 and even today continues to place some limits on the progressive coupling of Belize in the Central American Integration System. Because of its English matrix, Belize has historically maintained a closer relationship with the English-speaking Caribbean islands.
Map of Central America and, in detail, the territorial dispute between Guatemala and Belize [Rei-artur / Janitoalevic Bettyreategui].
Adjacency Line and the role of the OAS
Since 2000, the Organization of American States (OAS), of which both nations are members, has lent itself to mediate between the two countries. That same year, the OAS facilitated a agreement with the goal to foster trust and negotiations between the two neighbors. In order to achieve these objectives, the OAS, through its Peace Fund, actively supported the search for a solution, providing technical and political support. In fact, thanks to this rapprochement, talks on the dispute were resumed and the creation of the "Adjacency Line" was agreed upon.
This is an imaginary line that basically follows the line that from north to south has been "de facto" separating the two countries and is where most of the tensions take place. Over the years, both sides have increased their military presence there, in response to incidents attributed to the other side. Due to these frequent discussions, in 2015 Belize had to request financial aid military from the British navy. Precisely in that Adjacency Zone is located an OAS office, whose purpose is promote contacts between the communities and to verify certain transgressions to the agreements already signed.
One of the most promising advances that took place under the umbrella of the OAS was the signature in 2008 of what was called "agreement special between Guatemala and Belize to submit Guatemala's territorial, insular and maritime claim to the International Court of Justice". Under this agreement both countries undertook to submit to simultaneous popular consultations on the acceptance of the Court's mediation. However, i n 2015, through theprotocol of the agreement Special between Belize and Guatemala, it was allowed that such popular consultations would not be held at the same time. Both parties committed to accept the Court's decision as "decisive and binding" and to comply with and implement it "fully and in good faith."
The Hague and the impact of the future resolution
The referendums were held in 2018, in the case of Guatemala, and in 2019, in the case of Belize. Although the percentages of both popular consultations were somewhat disparate, the results were positive. In Belize, the yes vote obtained 55.37% of the votes and the no vote, 44.63%. In Guatemala, the results were much more favorable for the yes vote, with 95.88% of the votes, compared to 4.12% for the no vote.
These results show how the Belizeans look askance at the decision of The Hague because, although with the fixing of the border final they will close forever any claim, they risk losing part of their territory. On the other hand, the prospect of gain is greater in the Guatemalan case, because if its proposal is accepted -or at least part of it- it would strategically expand its access to the Caribbean, now somewhat limited, and in the case of losing, it would simply remain as it has been until now, which is not a serious problem for the country.
The definition of a clear and respected border is necessary at this point. The adjacent line, observed by the OAS peace and security mission statement , has managed to limit tensions between the two countries, but the reality is that certain incidents continue to take place in this unprotected zone. These incidents, such as the murders of citizens of both countries or mistreatment attributed to the Guatemalan military, cause the conflict to drag on and tensions to rise. On the other hand, the fact that there is no clear definition of borders facilitates drug trafficking and smuggling.
This conflict has also affected Belize's economic and trade relations with its neighbors in the region, especially Mexico and Honduras. Not only due to the lack of land boundaries, but also maritime. This area is very rich in natural resources and has the second largest coral reef reservation in the world, after Australia. In addition, this has, as expected, affected bilateral relations between the two countries. While regional organizations are betting on a more relevant regional integration, the tensions between Belize and Guatemala prevent any improvement in this aspect.
The President of Guatemala has stated that, regardless of the Court's result , he intends to strengthen bilateral relations, especially in areas such as trade and tourism, with neighboring Belize. For their part, the Caricom heads of state expressed in October 2020 their support for Belize, their enthusiasm for the ICJ's intervention and their congratulations to the OAS for its mediating work.
