Following 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 Covid-19 emergency status ; Belize will now have a year to respond. Although the ICJ will then take its time to draft a judgement, it can be said that the territorial dispute between the two neighbours has entered its final stretch, bearing in mind 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 the Americas and British activity in the Caribbean during the colonial era. The Spanish Crown's inaction in the late 18th century in the face of British encroachment on what is now Belize, then Spanish territory, allowed the British to establish a foothold in Central America and begin exploiting mainland lands for precious woods such as dyewood and mahogany. However, Guatemala's reservations over part of the Belizean land - it claims over 11,000 square kilometres, almost half of the neighbouring country; it also claims the corresponding maritime extension and some cays - generated a status of tension and conflict that has continued 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), which would rule on the division of sovereignty. The Belizeans approved taking that step in 2018 and the Guatemalans the following year. The issue was formalised before the ICJ in The Hague on 12 June 2019.

Historical context

The territory of present-day Belize was colonised by Spain in the mid-16th century as part of the Viceroyalty of New Spain and dependent on the captaincy of Guatemala. However, as there were no mineral resources there and hardly any population, the metropolis paid little attention to the area. This scant Spanish presence favoured pirate attacks, and to prevent them, the Spanish Crown allowed increasing English exploitation in exchange for defence. England carried out a similar penetration on the Caribbean coast of Nicaragua, but while the Spanish managed to expel the English from there, they consolidated their settlement at area Belize and finally obtained the territory by the Treaty of Paris in 1783, whereby Spain disengaged itself from this corner of Central America. That concession and another three years later covered just 6,685 square kilometres, a space close to the coast that was later enlarged inland and southward by England, since Spain was not active in the area. From then on the enclave became 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 to be their own. Both rivers run west-east, the former forming the border with Guatemala in the south of what is now Belize; the other, further north, runs through the centre of Belize, flowing into the capital, splitting the country in two. However, given the urgency for international recognition when it declared independence in 1821, Guatemala signed several agreements with England, the great power of the day, to ensure the viability of the new state. One of these was the Aycinena-Wyke Treaty (1859), whereby Guatemala accepted Belize's borders in exchange for the construction of a road to improve access from its capital to the Caribbean. However, both sides 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 enacted in 1946, Guatemala included the claim in the drafting, and has insisted on this position since the neighbouring country, under the name Belize, gained its independence from the United Kingdom in 1981. As early as 1978, the UN passed a resolution guaranteeing the rights to self-determination and territorial protection of the Belizean people, which also called for a peaceful resolution of the neighbouring conflict. Guatemala did not recognise the existence of the new sovereign state until 1991, and even today still places some limits on Belize's progressive integration into the Central American Integration System. Because of its English background, 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 Organisation of American States (OAS), of which both nations are members, has been mediating between the two countries. In the same year, the OAS facilitated a agreement with the goal aim of building confidence and negotiations between the two neighbours. In order to achieve these objectives, the OAS, through its Peace Fund, actively supported the search for a solution by providing technical and political support. Indeed, as a result of this rapprochement, talks on the dispute were resumed and the creation of the "Adjacency Line" was agreed.

This is an imaginary line that basically follows the line that "de facto" separated the two countries from north to south and is where most of the tensions are taking 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 disputes, in 2015 Belize had to request financial aid military presence from the British navy. It is precisely in the Adjacency Zone that an OAS office is located, whose purpose purpose is to promote contacts between the communities and to verify certain transgressions of the agreements already signed.

One of the most promising developments that took place under the umbrella of the OAS was the signature in 2008 of what was called the "specialagreement 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 the acceptance of the Court's mediation to simultaneous popular consultations. However, in 2015, through the protocol of the agreement Special between Belize and Guatemala, these popular consultations were not allowed to take place 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 mixed, the results were positive. In Belize, the Yes vote won 55.37% of the votes and the No vote 44.63%. In Guatemala, on the other hand, the results were much more favourable for the Yes vote, with 95.88% of the votes, compared to 4.12% for the No vote.

These results show how the Belizeans are wary of resorting to the Hague's decision because, although by fixing final the border they will forever close any claim, they risk losing part of their territory. On the other hand, the prospect of gain is greater in the Guatemalan case, since 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 event 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 stage. The adjacent line, observed by the OAS peace and security mission statement , has been successful in limiting tensions between the two countries, but the reality is that certain incidents continue to take place in this unprotected area. These incidents, such as the assassination 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 lack of a clear definition of borders facilitates drug trafficking and smuggling.

This conflict has also affected Belize's economic and trade relations with its regional neighbours, especially Mexico and Honduras. This is not only due to the lack of land boundaries, but also to the lack of maritime boundaries. This area is very rich in natural resources and has the second largest coral reef reservation in the world, after Australia. This has, unsurprisingly, affected bilateral relations between the two countries. Whilst regional organisations are calling for greater regional integration, the tensions between Belize and Guatemala are preventing any improvement in this regard.

The Guatemalan president has stated that, regardless of the Court's result , he intends to strengthen bilateral relations, especially in areas such as trade and tourism, with neighbouring Belize. For their part, the Caricom heads of state expressed their support for Belize in October 2020, their enthusiasm for the ICJ's intervention and their congratulations to the OAS for its mediation work.