The following is a compilation of some of the work I did during my 2017 summer internship. You can find more information on the “You Decide” app on the App & Google Play Store.
1. Brief Explanation of the 1859 Convention and 1931 Exchange of Notes
In 1859, Britain and Guatemala signed a treaty that defined the boundaries of British Honduras. Article 7 of this convention says that both parties agree to use their best efforts to build a means of communication between Guatemala City and the Atlantic Coast. In 1931 Britain and Guatemala had an exchange of notes that confirmed the border monuments that marked the 1859 Convention. This exchange of notes has the force of a legally binding treaty.
Guatemala says that Britain didn’t comply with Article 7, therefore the 1859 Convention is void and therefore there is no border.
2. Summary of Guatemala’s Claim
· Belize was originally for Spain
· Belize was a part of the Province of Verapaz
· The British only obtained from the Rio Hondo to Sibun from the 1783 and 1786 treaties
· At independence, Guatemala acquired Belize by the principle of uti possidetis juris (inheritance)
· Therefore the 1859 Treaty was a treaty of cession because Guatemala owned that land
· Britain was supposed to help build a cart road from Guatemala City to the coast because of Article 7
· Britain didn’t comply, so Guatemala could declare the 1859 Treaty void by themselves.
· That Britain couldn’t obtain more than what the 1783 and 1786 treaties gave them
· Guatemala declared it void, thus Guatemala gets their land back.
– From the Legal Opinion Summary
3. Why We Need to End the Dispute
Why do we need to end the dispute? There are many reasons, but we’ll only go through four:
1) More border incursions and problems –
The longer we take to end the dispute, the harder it’ll become to manage the problem of people illegally crossing the border. We’ll also have more BDF incidents. We also can’t fully clear our borders until the dispute is resolved. This means that people will continue to cross because they don’t know where it sis.
2) We don’t have our maritime borders –
If Guatemala doesn’t accept our land borders, we can’t demarcate our maritime borders with Guatemala. Going to the ICJ is the only way we’ll get them to agree. Without an agreement, it’ll be difficult to fully manage our natural resources.
3) We’ll continue to lose economic opportunities –
By having this dispute, we lose out on potential cooperation programs with Guatemala. We also lose out on investors who are scared off by the uncertainty around our borders.
4) We might lose international support –
The UN helped us achieve independence. We have an obligation under the UN Charter to try to settle disputes peacefully. If we refuse a chance to do this, we might lose our international image as being a peace-loving nation that respects international law.
– Summarized from the Pocket Guide: pg 9 –12
4. History of Negotiations
There have been many attempts to resolve the dispute. Here are three cases from 1946 to present day.
A) 1946 – 1956 – Britain offers to go to court
In 1946 Britain opened up the possibility to go to the ICJ on the basis on law. They kept the offer open until 1956. Guatemala didn’t accept this offer. In 1947 Guatemala opened up the possibility to go to court only on the basis of fairness, not international law. They kept this offer open until 1952.
B) 1968 – The Webster Proposals
Britain, Belize and Guatemala decided to try mediation with the US. The following is a summary of the Webster Proposals:
· Guatemala would get control over Belize’s higher education system
· Guatemala would get control over foreign, defense and economic policy
· Belize would lose the right to choose to enter the UN or Commonwealth of Nations
Belize would have essentially become a satellite state. All parties rejected the conditions
C) 2002 – Facilitators’ Proposals from the OAS
· Belize would have kept its borders
· Guatemala would have received a fair amount of maritime area
· Both the UDP and PUP liked the proposals
· The proposals were supposed to be submitted to referenda in both countries
· The international community liked the proposals
· Guatemala first liked the proposals, but then rejected them and refused to hold a referendum
5. The ICJ
The International Court of Justice is the main court of the United Nations (UN). It works under the UN Charter.
The ICJ has 15 judges who are elected by the General Assembly and Security Council. They are chosen from all regions of the world, serve for nine years and may be re-elected. The judges have the highest qualifications in their field. They don’t represent their governments when working for the ICJ, but are independent. The ICJ only accepts cases when both parties have agreed to go e.g. by Special Agreement.
– Summarized from How YOU can end the Guatemalan Claim pg 17
6. Belize’s Legal Case in a Nutshell
Belize has good title to its territory based on:
· The 1859 & 1931 treaties which are valid and binding treaties
· The facts on the ground – British and Belizean continuous occupation and presence for 200 years; there was never any Guatemalan activity in the disputed areas
· The right of Belizeans to self-determination
-RRR
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