Guatemalan claim to Belizean territory
Encyclopedia
Territorial dispute
A territorial dispute is a disagreement over the possession/control of land between two or more states or over the possession or control of land by a new state and occupying power after it has conquered the land from a former state no longer currently recognized by the new state.-Context and...
between the states of Belize
Belize
Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
and Guatemala
Guatemala
Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
, neighbours in Central America
Central America
Central America is the central geographic region of the Americas. It is the southernmost, isthmian portion of the North American continent, which connects with South America on the southeast. When considered part of the unified continental model, it is considered a subcontinent...
. Belize or Belizean-controlled territory has been claimed in whole or in part by Guatemala since 1940.
Early colonial era
The present dispute originates with imperial SpainSpain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
's claim to all "New World
New World
The New World is one of the names used for the Western Hemisphere, specifically America and sometimes Oceania . The term originated in the late 15th century, when America had been recently discovered by European explorers, expanding the geographical horizon of the people of the European middle...
" territories west of the line established in the Treaty of Tordesillas
Treaty of Tordesillas
The Treaty of Tordesillas , signed at Tordesillas , , divided the newly discovered lands outside Europe between Spain and Portugal along a meridian 370 leagueswest of the Cape Verde islands...
in 1494. England, like other emerging powers of the late 15th century, did not recognize the treaty that divided the world between Spain and Portugal
Portugal
Portugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
. After the native Mayans had ejected Spanish conquistadors and missionaries from Tipu
Tipu
Tipu may refer to:*Tipu Sultan, person in Indian history*Tipu, Belize, Mayan archaeological site near the Belize–Guatemala border*Tipu, Estonia, village in Kõpu Parish, Viljandi County, Estonia...
and surrounding areas, shipwrecked English seamen, then English and Scottish Baymen
Baymen
The Baymen are the earliest European settlers of the eventual colony of British Honduras, modern day Belize.- Settlement :The first Baymen settled in the Belize City area in the 1650s. They were buccaneers and pirates trying to outrun the Spanish rulers in Mexico and Central America. They found...
, settled by 1638, making their presence permanent by 1779, with a short military alliance with Amerindians from the Mosquito Coast
Mosquito Coast
The Caribbean Mosquito Coast historically consisted of an area along the Atlantic coast of present-day Nicaragua and Honduras, and part of the Western Caribbean Zone. It was named after the local Miskito Indians and long dominated by British interests...
south of Belize, and often welcoming former British privateers. In the Godolphin Treaty of 1670, Spain confirmed England was to hold all territories in the Western Hemisphere that it had already settled; however the treaty did not define what areas were settled, and despite the historic evidence that England did indeed occupy Belize when they signed the Godolphin Treaty, Spain later used this vagueness to maintain its claim on the entirety of Belize. Meanwhile by the 18th century, the Baymen and Mayans became enemies more and more often.
Without recognition of or permission from either the British or Spanish governments, the Baymen in Belize started electing magistrates as early as 1738. After the Treaty of Paris
Treaty of Paris (1763)
The Treaty of Paris, often called the Peace of Paris, or the Treaty of 1763, was signed on 10 February 1763, by the kingdoms of Great Britain, France and Spain, with Portugal in agreement. It ended the French and Indian War/Seven Years' War...
and with the following conditions re-affirmed in the Treaty of Versailles (1783), Britain agreed to abandon British forts in Belize that protected the Baymen and give Spain sovereignty over the soil, whilst Spain agreed the Baymen could continue logging
Logging
Logging is the cutting, skidding, on-site processing, and loading of trees or logs onto trucks.In forestry, the term logging is sometimes used in a narrow sense concerning the logistics of moving wood from the stump to somewhere outside the forest, usually a sawmill or a lumber yard...
wood in present-day Belize. However, the Baymen agreed to none of this, and after the 1783 Treaty of Versailles, the governor of British-controlled Jamaica sent a superintendent to control the settlers, but had his authority usurped by wealthy loggers.
When Spain attempted to eject them, the Baymen revolted. Spain's last military attempt to dislodge the rebellious settlers was the 1798 Battle of St. George's Caye
Battle of St. George's Caye
The Battle of St. George's Caye was a short military engagement that lasted from 3 to 10 September 1798, off the coast of what is now Belize...
, which ended with Spain failing to re-take the territory. The Baymen never asked for or received a formal treaty with Spain after this, and the UK was only able to get partial control of the settlers by 1816; British people simply continued operating their own local government without permission from either imperial power, until they joined the British Empire
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
in 1862.
Late colonial era, and independence
Guatemala declared its independence from Spain in 1821, and the UK did not accept the Baymen of Belize as a crown colony until 1862, 64 years after the Baymen's last hostilities with Spain. This colony became known as "British Honduras".Under the terms of the Anglo-Guatemalan Treaty of 1859, Guatemala agreed to recognize Belize and the Great Britain promised to build a road from Guatemala to the nearby Belize city of Punta Gorda
Punta Gorda, Belize
Punta Gorda, known locally as PG, is the town of the Toledo District in southern Belize. Punta Gorda is the southernmost sizable town in the nation, with a population of about 6,000 people...
. In 1940, Guatemala claimed that the 1859 treaty is void because the British failed to comply with economic assistance provisions found in Clause VII of the Treaty. Belize, once independent, claimed this was not a treaty they were bound by since they did not sign it (and that an International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
ruling and international laws demand that Guatemala honor the boundaries in the 1859 treaty even if the UK never builds the road as promised.
20th and 21st century negotiations
Negotiations proceeded for many years, including one period in the 1960s in which the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Government sought unsuccessfully to mediate, but these talks did not include the actual residents of Belize. During 1975–1979, Mexico, Nicaragua, Cuba, and Panama changed from supporting Guatemala to supporting Belize. A 1981 trilateral (Belize, Guatemala
Guatemala
Guatemala is a country in Central America bordered by Mexico to the north and west, the Pacific Ocean to the southwest, Belize to the northeast, the Caribbean to the east, and Honduras and El Salvador to the southeast...
, and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
) "Heads of Agreement
Heads of Agreement (document)
The Heads of Agreement was a 1981 document proposing a solution to the Guatemalan claim to Belizean territory. Created in February and signed on March 11 in London, England, the agreement sought to propose future bases for negotiations between Great Britain, Belize and Guatemala over the dispute...
" was encouraged by the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
, which had already recognized Belize's independence, and although the Heads of Agreement would have given only partial control and access to assets in each other's nations, it collapsed when Guatemala renewed its claims to Belize soil and Belizeans rioted against the British and their own government, claiming the Belizean negotiators were making too many concessions to Guatemala. Thus, Belize became independent on September 21, 1981, with the territorial dispute unresolved. Significant negotiations between Belize and Guatemala, with the United Kingdom as an observer, resumed in 1988. Guatemala recognized Belize's independence in 1991 and diplomatic relations were established.
On October 19, 1999, Said Musa
Said Musa
Said Wilbert Musa is a Belizean lawyer and politician. He was the Prime Minister of Belize from August 28, 1998 to February 8, 2008.-Early life and education:Said Musa was born in San Ignacio, Cayo District, Belize...
, Prime Minister of Belize at the time, was made aware that Guatemala wanted to renew its claim. As a new line of reasoning for their claim (instead of basing it on the 1859 treaty), Guatemala asserted that they have inherited Spain's 1494 and 18th century claims on Belize and are owed more than half of Belize's land mass, but the majority of Belizeans, now quite multi-racial including 60% who are mixed or full Amerindians, continued to rail against becoming part of Guatemala and accuse Guatemala of colonialism.
The Guatemalan military placed personnel at the edge of the internationally-recognized border. Belizean patrols incorporating both Belize Defence Force members and police forces took up positions on their side of the border.
In February 2000, a Belizean patrol shot and killed a Guatemalan in the area of Mountain Pine Ridge Forest Reserve
Mountain Pine Ridge Forest Reserve
Mountain Pine Ridge Forest Reserve is a nature reserve in the Cayo District of southern central Belize. It was established in 1944 to protect and manage the native pine forest...
. On February 24, 2000, personnel from both nations encountered each other in Toledo District
Toledo District
Toledo District is the southernmost district in Belize, and Punta Gorda the District capital. Although the least developed region in the country, it features some of the most pristine rainforests, extensive cave networks, coastal lowland plains, and offshore cays...
. The two countries held further talks on March 14, 2000, at the Organization of American States
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
(OAS) in Washington, D.C.
Washington, D.C.
Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
, in the presence of the OAS
Organization of American States
The Organization of American States is a regional international organization, headquartered in Washington, D.C., United States...
Secretary General. Eventually they agreed to establish an "adjacency zone" extending one kilometer on either side of the 1859 treaty line, now designated the "adjacency line," and to continue negotiations aimed at resolving their dispute.
In June 2008, Belizean Prime Minister Dean Barrow
Dean Barrow
Dean Oliver Barrow is Prime Minister of Belize and leader of the United Democratic Party. An attorney by trade, he served as Deputy Prime Minister and Minister of Foreign Affairs from 1993 to 1998 and was then Leader of the Opposition until the UDP won the February 2008 election...
said resolving the dispute is the biggest goal. He proposed referenda for the citizens of Belize and Guatemala, asking whether they support referring the issue to the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
. An official special agreement on submitting the issue to the ICJ was signed on 8 December 2008, with a referendum to be held on the issue simultaneously in Belize and Guatemala on a date to be determined. Since that agreement a simultaneous referendum in both countries has yet to occur. Given the political landscape in Guatemala
Politics of Guatemala
Politics of Guatemala takes place in a framework of a presidential representative democratic republic, whereby the President of Guatemala is both head of state and head of government, and of a multi-party system. Executive power is exercised by the government. Legislative power is vested in both...
, getting the referendum on a September 2010 ballot seemed improbable. A vote on the referendum has been suggested as part of the Guatemala's 2011 general elections as means to save expenses incurred from holding elections. However, this will not be an easy task as the referendum needs to be held simultaneously in both countries.
External links
- http://www.oas.org/OASpage/press_releases/press_release.asp?sCodigo=E-463/08Belize/Guatemala ICJ Compromis Signed at OAS in Washington, D.C.Washington, D.C.Washington, D.C., formally the District of Columbia and commonly referred to as Washington, "the District", or simply D.C., is the capital of the United States. On July 16, 1790, the United States Congress approved the creation of a permanent national capital as permitted by the U.S. Constitution....
on 8 December 2008] and Compromis and Videos and U.S. Congratulations and U.K. Congratulations and Photographs and Compromis for Christmas of 8 December 2008 and Belize Leading Counsel of 19 December 2008 - Legal Opinion on Guatemala's Territorial Claim to Belize and MFA Library and GAR and Other Documents and Submission of Belize/Guatemala Case to ICJ in 2009 and Summary of Legal Opinion of 25 November 2008
- Guatemalan Claim Opinion