BORDER AND TERRITORIAL DISPUTES
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BORDER AND TERRITORIAL
DISPUTES
3rd Edition
This edition revised and updated by
John B. Allcock, Guy Arnold, Alan J. Day, D. S. Lewis,
Lorimer Poultney, Roland Rance, D. J. Sagar
LONGMAN
CURRENT
AFFAIRS
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BORDER AND TERRITORIAL DISPUTES
1st Edition 1982
2nd Edition (revised and updated) 1987
3rd Edition (revised and updated) 1992
Published by Longman Group UK Limited, Westgate House,
The High, Harlow, Essex, CM20 1YR, United Kingdom
Distributed exclusively in the United States and Canada
by Gale Research Inc., 835 Penobscot Building, Detroit,
Michigan 48226, USA
ISBN 0-582-20931-5
C) Longman Group UK Limited 1992
All rights reserved. No part of this publication
may be reproduced, stored in a retrieval system, or
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mechanical, photocopying, recording or otherwise,
without either the prior written permission of the Publishers or a
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Agency Ltd, 90 Tottenham Court Road, London W1P 9HE
1.1DPA
0111(1.0.? 1011.11111?1
ASSO(1?11011
A catalogue record for this publication is available from the British Library
Phototypeset by The Midlands Book Typesetting Company, Loughborough
Printed in Great Britain by BPCC Wheatons Ltd, Exeter
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5.4 Belize-Guatemala
The British Crown Colony of Belize (formerly British Honduras) became inde-
pendent in September 1981, notwithstanding the existence of an unresolved
Guatemalan claim to its territory dating back to 1859. Under the Guatemalan
constitution of 1945 Belize was regarded as the 23rd department of that country,
and Guatemala thus claimed that the granting of self-determination to Belize
would disrupt its own national unity and territorial integrity. While the British
government had been ready to grant full independence to the colony much
earlier, Belize feared that in the gvent of a British withdrawal without adequate
defence guarantees Guatemala would invade to implement its claim. However,
following an overwhelming vote at the United Nations in November 1980
in favour of the independence of Belize, the British government decided to
proceed with granting independence and convened a constitutional conference
followed by tripartite negotiations in which the basis for Guatemalan acceptance
of Belize's independence appeared to have been established. Although it later
transpired that Guatemala had not substantially modified its position, Belize
nevertheless proceeded to full independence as a constitutional monarchy on
Sept. 21, 1981, with British troops continuing to be stationed there for an
indefinite period. Since then Guatemala has maintained a territorial claim
against Belize, while indicating since 1983 a willingness to accept a compromise
settlement giving it improved access to the Caribbean Sea.
Mexico also has a dormant claim to the northern half of Belize and had
previously stated that it would reactivate this claim "in the event of any change
in the colony's status which is not in accordance with the right of its inhabitants
to self-determination".
History of the Dispute
Extending over an area of 8,866 square miles (23,000 sq km), British Honduras was
granted internal self-government in 1964 and changed its name to Belize on June 1,
1973. It had become a Crown Colony in 1871, having been a British colony since 1862
and under British sovereignty since 1798.
The first settlers were English timbercutters and their black slaves in the mid-17th
century. Under the 1670 Treaty of Madrid, Spain conceded certain rights to the
timbercutters who, over the previous 30 years, had established themselves on the
uninhabited shores of the Belize river. The British government did not, however, lay
claim to the territory officially. Over the next 130 years the territory was subjected to
repeated attacks by Spain, which claimed sovereignty over it. Finally, a Spanish naval
flotilla was defeated by a small Belizean boat fleet at the Battle of St George's Caye
on Sept. 10, 1798, and British sovereignty over Belize was explicitly recognized by the
Peace of Amiens in 1802.
When Mexico and Guatemala became independent in 1821 they both claimed
sovereignty over Belize as successors to the Spanish Crown in the region. Their claims
were rejected by Britain, however, in view of the fact that British settlers had by this time
already established themselves as far south as the Sarstoon river (the present southern
boundary). Mexico recognized British Honduras in 1826 and renounced claims to it in
1893 by treaty; the United States recognized it in 1850 (together with British Guiana)
as exceptions to the Monroe Doctrine. However, Guatemala continued to regard Belize
as part of its territory.
In 1859 Britain tried to settle the territorial dispute between Guatemala and British
Honduras by means of a frontier convention, one of whose articles provided for the
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5.4 BELIZE-GUATEMALA
joint construction of a means of communication between Guatemala and the Caribbean
across Belize; this article was never implemented and has remained a bone of contention.
A supplementary convention was signed in 1863 under which the British government
undertook to pay a substantial amount towards the cost of a road, although this never
came to fruition despite the later renewal of the offer by Britain.
Guatemala on Sept. 24, 1945, conveyed to the British government the text of a draft
decree declaring the 1859 convention null and void and inserting into its own constitution
a clause laying claim to the whole of British Honduras as Guatemalan territory. Its
claim was based on the contention that, as the 1859 convention on communications had
never been implemented, the whole convention was null and void and that Guatemala
therefore had a claim to the whole of British Honduras, or at least to the southern
part. The claim was wholly rejected by Britain, which said that even had the convention
lapsed this would be no reason why any part of the territory should belong to Guatemala,
since Britain had been in possession for 150 years (i.e. since before the convention was
signed or Guatemala became independent). In January_1946 Britain invited Guatemala
to submit the_ disnute to_the International Court of Justice, and repeated the invitation
orisrbsequent occasions, but Guatemala r?fererro?OTITTT.
British Honduras achieved internal self-government on Jan. 1, 1964, following a
constitutional conference in London on July 10-22, 1963, at which only British Honduras
and Britain were represented. Guatemala (ruled at that time by Col. Enrique Peralta)
broke off diplomatic relations with Britain on the last day of the conference, claiming
that the British government's decision to move towards the independence of British
Honduras was "a unilateral action which is a flagrant violation of the inalienable and
sovereign rights of Guatemala". Prior to this, President Ydigoras Fuentes of Guatemala
had raised the issue of sovereignty in December 1961 and talks on the issue had
taken place in Puerto Rico in April 1962 at the instigation of Britain. Among matters
agreed on this occasion were the creation of mixed committees of representatives of
Guatemala, Britain and British Honduras on mutual relations, and on economic and
social development.
In July 1965 Britain and Guatemala requested the United States to mediate in
their dispute. Accordingly, President Johnson commissioned a report from a New
York lawyer, Bethuel M. Webster, who on April 18, 1968, proposed that Britain
and Guatemala should conclude a treaty, and that the former should endeavour to
persuade British Honduras to accede to it on becoming independent. It was proposed
that the treaty should contain the following conditions: (i) that British Honduras should
attain independence by Dec. 31, 1970, with the probable name of Belize; (ii) that there
should be unrestricted trade, travel and other contacts between Guatemala and British
Honduras; and (iii) that a road should be constructed between the two countries.
George Price, the Prime Minister of British Honduras, declared on May 9, 1968,
that his government rejected Webster's proposals because they failed to recognize the
colony's right to sovereignty. Britain thus responded on May 20 that since the British
Honduras government, with the endorsement of its House of Representatives, had
asked Britain not to accede to such a treaty with Guatemala, and since the dispute with
Guatemala could only be settled in accordance with the wish of the British Honduras
people, it could not endorse the mediator's proposals.
Developments in the 1970s
In 1971 Guatemalan troop movements in the border area gave rise to fears of a
Guatemalan invasion of British Honduras. Guatemala subsequently protested over a
British military training exercise held there in February 1972 to coincide with British
naval manoeuvres in the Caribbean, and the outcome was that Guatemala in March
1972 broke off informal talks on the Belize issue. At the end of the troop exercise
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5 THE AMERICAS AND ANTARCTICA
Britain decided to increase the size of its permanent British garrison in Belize from
one to two companies (i.e. to about 700 men), giving rise to another protest from
Guatemala. The presence of an increased number of troops proved a stumbling block
to further talks, which did not resume until February 1975. On their resumption, Britain
rejected Guatemalan proposals envisaging the cession of the southern quarter of Belize
(south of latitude 16?30'), including an area thought to contain oil deposits, in return
for the renunciation by Guatemala of its claim to the rest of the colony. The talks broke
down in July 1975.
Reports of increased Guatemalan military activity in the border areas in October 1975
led Britain in November 1975 to send reinforcements to its garrison in Belize at George
Price's request. By Nov. 8 its military strength in the colony had been increased to over
1,000 men, supported by six Hawker Harrier vertical takeoff aircraft and a frigate,
which patrolled offshore with a detachment of Marines aboard. The UK Foreign and
Commonwealth Secretary in the then Labour government, James Callaghan, told the
House of Commons in a statement on Nov. 6 that the British garrison in Belize had
been strengthened because of the increased Guatemalan military, activity on the border
and because of "statements by Guatemalan ministers of their intention to incorporate
Belize in Guatemala". He said that he had informed Guatemala in September that "if
there were an invasion of a British colony which is seeking to become independent
and whose independence is denied only by the Guatemalan claim, we would fulfil our
responsibilities to that colony".
Despite Guatemalan opposition to the reinforcement of the British military presence
in Belize, however, no further action was taken by Guatemala. and at the end of
November 1975 Britain and Guatemala agreed to hold fresh talks, with Belizean
participation, early the following year.
The UN General Assembly on Dec. 8, 1975, adopted a resolution on Belize
(3432/XXX)?with Mexico abstaining and Guatemala not participating?which had
already been adopted by the UN Trusteeship Committee on Nov. 21. This resolution
(i) reaffirmed the "inalienable right of the people of Belize to self-determination and
independence"; (ii) declared that the "inviolability and territorial integrity of Belize
must be preserved"; (iii) called upon all states to respect the right of the people of
Belize to self-determination, independence and territorial integrity and to facilitate the
attainment by them of their goal of a secure independence"; (iv) called upon Britain as
the administering power, acting in close consultation with the government of Belize, and
on Guatemala, to "pursue urgently their negotiations for the earliest possible resolution
of their differences of opinion concerning the future of Belize in order to remove such
obstacles as have hitherto prevented the people of Belize from exercising freely and
without fear their inalienable right to self-determination and independence"; and (v)
declared that "any proposals for the resolution of these differences of opinion that
may emerge from negotiations between the administering power and the government
of Guatemala must be in accordance with paragraphs (i) and (ii) above".
A similar resolution (31/50) was adopted by the General Assembly on Dec. 1, 1976,
urging all states to refrain from any action threatening the territorial integrity of Belize,
on which Mexico again abstained. Panama, which had previously supported Guatemala's
claim, voted in favour of Resolution 31/50, causing Guatemala to sever diplomatic
relations with Panama in May 1977.
Meanwhile, George Price's People's United Party (PUP), which was returned to power
in Belize in the October 1974 general elections after calling for early independence, tried
during 1975 to internationalize the sovereignty issue, winning the support of the Non-
Aligned Movement and being backed by various independent Caribbean states including
Jamaica, Cuba, Guyana, and Trinidad and Tobago. The Belize government also decided
to seek UN support for its cause, and invited the opposition United Democratic Party
(UDP) to join the PUP in formulating a case. The UDP accepted, after agreeing to a
formula which affirmed its own commitment to Belize's right to self-determination while
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5.4 BELIZE-GUATEMALA
reserving its position on the timing of independence (to which it adopted a more gradualist
approach).
Talks recommenced between the three parties in April 1976 (after delays due to the
earthquake in Guatemala in February 1976) and more talks were held in June and.
September 1976, the latter (in Panama City) being followed in October by the first
ever bilateral meeting between Belizean and Guatemalan officials (in Honduras). At
this stage (the end of 1976) Guatemala was said to have agreed to certain economic
co-operation proposals including the use of free-port facilities in Belize City, but it still
refused to abandon its claim to that part of Belize south of latitude 16?30'. No progress
was made on the fundamental issue of Belizean territorial integrity.
In July 1977 the British military presence was again strengthened in Belize because
of tension between the colony and Guatemala; the latter's troops were reported to be
massing on the border, and Guatemalan leaders spoke of the possibility of an armed
conflict with Britain. A Royal Navy frigate took up position off Belize, British forces
were moved to within two miles of the border, and the Hawker Harrier detachment
(which had been withdrawn just before the April 1976 talks) was again deployed in the
colony. Despite the military tension, however, further tripartite talks were held in July
1977 in Washington.
While in Washington, the British and Guatemalan delegates also had separate talks
on the Belize issue with Cyrus Vance, the US Secretary of State in the Carter
administration. George Price said on July 8 that he would welcome a US endorsement
of Belize's right to "complete independence" and he called for a US defence guarantee
after independence if Britain continued to decline to undertake such a commitment.
Negotiations leading to Independence of Belize
Over the next two years (i.e. until the end of 1979) no substantial progress was
made towards a settlement, although the parties concerned had numerous contacts and
negotiations. The United States assumed an active role, and an increasing number of
countries of the region came to support Belize's position.
Following talks in London in January 1978 involving Dr David Owen (then UK
Foreign and Commonwealth Secretary), George Price and Edward Rowlands, Dr Owen
told the House of Commons on Jan. 25 that "various proposals including the possibility
of territorial adjustments" had recently been discussed between Britain and Guatemala.
Price himself emphasized at a press conference later on Jan. 25 that no Belizean territory
could be ceded. He revealed for the first time that during the past six months the British
government had been considering various proposals for the cession to Guatemala of an
area of Belize's southern territory which had been progressively reduced in size over
that period, ranging from about 2,000 square miles (comprising land south of Monkey
River plus seabed) to about 1,000 square miles (land south of the Moho river plus seabed
between the Moho river and Ranguana Caye, where oil prospecting was in progress);
this latest proposal would give Guatemala sovereignty over an alternative access route
(by sea) to its Caribbean port of Puerto Barrios. Price's own view was that the cession
of land would create not solve problems and, since the latest London talks had failed to
produce an acceptable basis for settlement, Belize would now seek security guarantees
from Caribbean countries.
Belize's aim at this stage appeared to be the stationing of a security force in Belize
which would be strong enough to allow Belize to attain independence without having
to negotiate a settlement with Guatemala first. However, the Guatemalan government
indicated in mid-May 1978 (while,a further round of Anglo-Guatemalan talks was in
progress) that it was maintaining its demand for a territorial concession and was also
demanding in the current talks the formation of a joint Guatemala-Belize military staff
and joint consultations on Belize's external relations.
Subsequently, at a meeting in New York in June 1978, Dr Owen, Price and Dean
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Lindo (the UDP leader) drew up a "memorandum of understanding" whereby (i)
Britain undertook to invite the Belize government and opposition to participate in
all future talks with Guatemala, (ii) Britain agreed to submit any agreement reached
at such talks to a national referendum in Belize and (iii) Price and Lindo agreed to "put
the issue of the Anglo-Guatemalan dispute above party politics and treat the search for
a solution as a national objective".
After Maj.-Gen. Fernando Romeo Lucas Garcia became President of Guatemala on
July 1, 1978, fresh talks involving representatives of the new government opened in
September in New York; in December, however, Guatemala rejected British settlement
proposals whereby Belize would after independence have refrained (i) from introducing
measures regarding its offshore jurisdiction in the Bay of Amatique which would block
Guatemala's sea access to its Caribbean ports, and (ii) from entering into any pacts with
third countries without Guatenialan agreement. Guatemala would for its part have been
granted preferential customs treatment for trade through the port of Belize City, and
Britain would have financed the construction of a new road from Guatemala through
Belize to the Caribbean. The UN General Assembly on Dec. 13, 1978, adopted
a resolution (33/36) urging a settlement to the dispute on the basis of Belize's
"right to self-determination, independence and territorial integrity"; the resolution
was supported by 128 states, this time including Costa Rica and Colombia (which
had voted against a previous resolution on Nov. 27, 1977). On a further resolution
(34/38) adopted on Nov. 21, 1979, referring to the inviolability and -territorial integrity
of Belize, Latin American countries voting for the first time in favour of Belize's right
to self-determination included Brazil, Dominican Republic, Ecuador and Nicaragua.
Tripartite talks opened in May 1980 at which Britain was reported to have taken
the line that, if mutually acceptable agreement could not be reached, Britain would
unilaterally move the territory towards independence. Guatemala's position in 1980 was
considerably weaker than it had been hitherto due to the deterioration of Guatemala's
internal security situation, which led the United States and also Mexico to wish to seek
a stable solution to the Belize issue in the interests of regional security. Washington
was also anxious at this stage that Britain should continue to exercise its defence
commitment to Belize after eventual independence.
On Nov. 11, 1980, the UN General Assembly adopted by 139 votes (including the
United States) to none, with seven abstentions and with Guatemala absent, a resolution
(35/20) to the effect that Belize should be granted independence by the end of 1981,
calling upon Britain to convene a constitutional conference to prepare for Belizean
independence; and urging Britain to "continue to ensure the security and territorial
integrity of Belize". It also called on Guatemala and independent Belize to "work out
arrangements for post-independence co-operation on matters of mutual concern". The
British government accordingly announced on Dec. 2, 1980, that it intended to convene
a constitutional conference in the near future.
At a round of talks involving Britain, Guatemala and a Belizean delegation in London
beginning on March 5, 1981, all three delegations accepted 16 heads of agreement,
whose text was formally signed on March 16 by ministerial representatives of the three
countries as follows:
"The United Kingdom and Guatemala, in order to settle the controversy between
them over the territory of Belize, have reached agreement on the following points:
"(1) The United Kingdom and Guatemala shall recognize the independent state of
Belize as an integral part of Central America, and respect its sovereignty and territorial
integrity in accordance with its existing and traditional frontiers, subject, in the case of
Guatemala, to the completion of the treaty or treaties necessary to give effect to these
heads of agreement.
"(2) Guatemala shall be accorded such territorial seas as shall ensure permanent and
unimpeded access to the high seas, together with rights over the seabed thereunder.
"(3) Guatemala shall have the use and enjoyment of the Ranguana and Sapodilla
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[Zapotillo] cayes, and rights in those areas of the sea adjacent to the cayes, as may be
agreed.
"(4) Guatemala shall be entitled to free port facilities in Belize City and Punta
Gorda.
"(5) The road from Belize City to the Guatemalan frontier shall be improved; a road -
from Punta Gorda to the Guatemalan frontier shall be completed. Guatemala shall have
freedom of transit on these roads.
"(6) Belize shall facilitate the construction of oil pipelines between Guatemala and
Belize City, Dangriga and Punta Gorda.
"(7) In areas to be agreed an agreement shall be concluded between Belize and
Guatemala for purposes concerned with the control of pollution, navigation and fishing.
"(8) There shall be areas of the seabed and the continental shelf to be agreed for the
joint exploration and exploitation of minerals and hydrocarbons.
"(9) Belize and Guatemala shall agree upon certain developmental projects of mutual
benefit.
"(10) Belize shall be entitled to any free port facilities in Guatemala to match similar
facilities provided to Guatemala in Belize.
"(11) Belize and Guatemala shall sign a treaty of co-operation in matters of security
of mutual concern, and neither shall permit its territory to be used to support subversion
against the other.
"(12) Except as foreseen in these heads of agreement, nothing in these provisions
shall prejudice any rights or interests of Belize or of the Belizean people.
"(13) The United Kingdom and Guatemala shall enter into agreements designed to
re-establish full and normal relations between them.
"(14) The United Kingdom and Guatemala shall take the necessary action to sponsor
the membership of Belize in the United Nations, the Organization of American States,
Central American organizations and other international organizations.
"(15) A joint commission shall be established between Belize, Guatemala and the
United Kingdom to work out details to give effect to the above provisions. It will
prepare a treaty or treaties for signature by the signatories to these heads of agreement.
"(16) The controversy between the United Kingdom and Guatemala over the territory
of Belize shall therefore be honourably and finally terminated."
George Price said in a nationwide broadcast on March 17, 1981, that "Belize has
gained its overwhelming objectives while protecting the basic rights of the Belizean
people and adhering fully to the UN resolutions that protect our sovereignty and
territorial integrity". In Guatemala, the government presented the heads of agreement
as an honourable means of settling the dispute in the face of strong international
pressure.
The Mexican government was reported to be happy with the agreement and to
have no intention of pressing its dormant claim, but the Honduran government made
an official protest to Britain over the status of the Sapodilla cayes, to which it had
a longstanding dormant claim. Honduras also claimed a right to participate in the
proposed negotiations on the grounds that "the delimitation of sea areas could lead
to situations of conflict to the detriment of Honduras's legitimate rights".
The British government formally announced on March 20, 1981, that a constitutional
conference would.begin in London on April 6. However, the UDP continued to oppose
the heads of agreement as a sell-out of Belizean interests, and mounted an anti-
government campaign which developed into public disorders and led to the declaration
of a state of emergency in Belize from April 2 to 24. In view of the emergency
George Price did not attend the London constitutional conference, the Belize delegation
being led by Carl Rogers, the deputy leader of the PUP. The UDP boycotted the
conference.
Negotiations on a treaty to give formal effect to the heads of agreement were held in
New York from May 20 to 28, 1981, by a tripartite commission of British, Guatemalan
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and Belizean government representatives. A further round held in New York on July
6-10 became deadlocked after Guatemala reportedly insisted that its interpretation of
the heads of agreement would allow the establishment of naval facilities on Ranguana
and Sapodilla cayes, this being rejected by Britain and Belize.
In the absence of agreement on a treaty, and following Belize-UK talks in London
on July 19-23, 1981, it was announced on July 26 that independence would be granted
to Belize notwithstanding on Sept. 21 and that British troops would continue to
be stationed there for "an appropriate period" thereafter. Guatemala responded by
restating its intention to "reserve its legal and historic rights" over Belize, although
it made it clear that no attempt would be made to occupy Belizean territory by force
after independence. On Sept. 7 Guatemala broke off all remaining diplomatic links
with Britain, severed commercial ties, and closed its border with Belize. Independence
Day on Sept. 21, 1981, was declared a day of national mourning in Guatemala, and the
ceremony in Belize was boycotted by the UDP. At the request of George Price (who
became the first Prime Minister of independent Belize), the ceremonial lowering of the
British flag took place in total darkness to symbolize the fact that Britain was riot wholly
relinquishing its responsibilities towards Belize.
A schedule to the Belize constitution defined the territories of the new independent
country with reference to (i) the Guatemalan frontier prescribed by the UK-Guatemala
_treaty of 1859, and ii the Mex-icaairrj2Lugjj,Dsj2M.cy___he UK- 'xico treat of
IR9'TT Belize's of shore reefs, islands and islets were listed, together with "their adjacent
waters as far as the outer limits of the territorial seas appertaining to them".
Continuation of Dispute in Post-Independence Period?Guatemala's Apparent
Willingness to accept Compromise Settlement
Belize was admitted to the United Nations on Sept. 25, 1981, its application being
sponsored by Mexico, which subsequently became the first non-Commonwealth country
to establish diplomatic relations with Belize. The Guatemalan government stated (on
Sept. 25) that it would "continue to struggle, in a peaceful manner, to defend its rights
by diplomatic means and international law". In December 1985, apparently in response
to local economic pressures, Guatemala reopened one border crossing to Belize.
A statement by the Price government that Belize would apply for full membership of
the Non-Aligned Movement was welcomed by the movement's then chairman, President
Castro of Cuba, who urged all member countries to "offer their rapid recognition" of
the new state. As regards the Organization of American States (OAS), Belize submitted
a formal application in October 1981 but stated that it did not wish to be considered
for membership immediately (its admission being effectively blocked under the OAS
rule requiring the exclusion of applicant states currently involved in tCrritorial disputes
with existing members). Nevertheless, Belize was invited to send observer delegations
to subsequent OAS conferences. Belize's first post-independence bilateral friendship
agreement was concluded with Costa Rica in November 1981.
Following the accession to power in Guatemala of Gen. Efrain Rios Montt in March
1982, a new attempt was mounted to solve the territorial issue. Although the new
regime maintained Guatemala's refusal to recognize the independence of Belize, the
Guatemalan Foreign Minister formally proposed in July 1982 (via the Swiss embassy,
which was then representing British interests in Guatemala) that Britain and Guatemala
should resume negotiations, it being subsequently announced that tripartite talks would
open in New York in January 1983. Initially Guatemala had proposed bilateral talks
with Britain, which had objected on the grounds that Belize was now an independent
country and should therefore be fully represented.
Prior to the new talks, President Rios Montt announced on Jan. 13, 1983, that
whereas Guatemala had previously claimed the whole territory of Belize "now the
Guatemalan position has changed: we want the district of Toledo to form part of our
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5.4 BELIZE-GUATEMALA
territory". He said that the Guatemalan claim to this area?about one-fifth of the
total area of Belize and including the southern port of Punta Gorda?was based on
considerations of cultural traditions, geography and national security, adding that if the
claim were met Guatemala would recognize the independence of Belize. However, this
Guatemalan offer (which was reported to have been encouraged by the US government)
was immediately rejected by the Belize government.
The tripartite negotiations opened in New York on Jan. 24, 1983, but broke down
after only one day. Belize refused to make any territorial concessions, while Guatemala
rejected counter-proposals under which it would have gained a sector of Belize's
territorial waters, transit rights through the south of Belize and participation in a joint
development zone on either side of the Sarstoon river to a width of five kilometres.
After a further Guatemalan military coup in August 1983, the new re ime reverted to
slumulLcaactrg.Q1JIgagg,, thus apparently wit rawing t e los ontt compromise
proposal of January 1983. Meanwhile, a contingent of some 1,800 British troops
remained in Belize, their presence being regarded as even more essential by the
Belize government in the light of the Argentinian invasion of the Falkland Islands in
April 1982. In the Belize general elections of December 1984 (which resulted in a defeat
for Price's PUP and the formation of a UDP government led by Manuel Esquivel) both
major parties supported the retention of the British troops and also rejected suggestions
emanating from the UK government that US troops might replace them.
The UDP government was represented at a further round of talks in New _York in
February 1985, when the Guatemalan side was reported to have again indicated a
willingness to accept a compromise territorial settlement. In May 1985 the Guatemalan
Constituent Assembly, in drawing up a new civilian constitution, approved an article
empowering the government to take appropriate action to resolve the dispute "in
conformity with national interests", thus effectively dropping the previous constitution's
assertion that Belize was part of Guatemala. On Dec. 17, 1985, the new civilian
President-elect of Guatemala, Vinicio Cerezo, publicly advanced the possibility of
Guatemala extending recognition to Belize in return for territorial concessions which
would improve Guatemalan access to the Caribbean Sea.
In August 1985 Manuel Esquivel visited London in an attempt to secure a commitment
that British troops would remain in Belize until the territorial dispute with Guatemala
had been finally resolved. He later stated that the UK government had reiterated its
pledge to retain its forces for "as long as necessary" but had declined to give an indefinite
commitment to the defence of Belize. It was agreed, however, that Britain would assist
in the training and expansion of the 600-strong Belize Defence Force and would provide
aid for economic and infrastructural development.
Having resumed consular relations on Aug. 19, 1986, Britain and Guatemala resumed
full diplomatic relations on Dec. 29, 1986?a development which was welcomed by
the Esquivel government as potentially facilitating Guatemala's recognition of the
independence of Belize. The existence of a civilian government in Guatemala also
assisted bilateral relations between Guatemala and Belize. On Oct. 19, 1986, restrictions
on trade with Belize imposed by the Guatemalan authorities were lifted.
The first direct talks on the issues at foreign minister level were held on April 29
and 30 in Miami, with a delegation from the UK acting as observers. The talks were
described as "cordial", but failed to reach any real progress after a reiteration of
Guatemalan demands for sizeable territorial concessions. The following year a meeting
between the then Belizean Foreign Minister, Dean Barrow, and the Guatemalan Vice-
President, Roberto Carpio Nicolle, on April 24-25, 1988, led to a further meeting in
Miami on May 30-31, at which it was agreed to set up a joint commission of Belizean
and Guatemalan officials to meet regularly and discuss the issues further.
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5 THE AMERICAS AND ANTARCTICA
Events leading to Guatemala's Diplomatic Recognition of Belize and Negotiations
on Maritime Boundaries
Meetings of the joint Guatemalan-Belizean commission continued through 1989,
together with informal contacts between Guatemalan and Belizean ministers and
officials. Progress was made gradually, but no definitive draft treaty was reached. A
general election in Belize in September 1989 led to the return of George Price and
the PUP to power. On assuming office Price promised to continue the talks. Price
subsequently met President Cerezo on the Honduran island of Roatan on Dec. 15,
M E X IC 0
Caribbean Sea
,.?
i thouse \
Belize
City Re 1 N
I
* ATIoneffv,i. /
Ulslands 1 / /
BELIZE e t?,, `+ j /
l
? i ,
Belmopan 0"
S
/
t /.
E)angriga / ./
.1'...') t
/
/ i ,r'''
1 / /
*--.0-avers I/
..Red - /
. .. /
i I.
C.,.,
I _ ; ....
I'l km
RAnguatia / . .s, 0.....1
$ i .t. ;
CAlYe ---
. .-.--.), e ?...., _ , . c".?......),,,.%;
Sapod
Punta r
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ill
, ..,,,r. .C.):47,,a,./,/i
. .%4
, ....
, .7,77.44y:01z.: ....
.1k,....,
Belize's proposed territorial
waters limit
Sarstoo
Rwer
..............
Belize's proposed Exclusive
Economic Zone (EEZ)
Median line between Belize,
Guatemala and Honduras
Puerto
GUATEMALA Barrios
HONDURAS
Map 5.4 The Belize-Guatemala dispute.
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5.4 BELIZE-GUATEMALA
1989 and another round of talks was held on Roatan on July 9. In both cases the
Belizean delegation was bipartisan, including representatives of the government and
.the opposition UDP. The maritime boundaries were agreed in principle, while other
areas of co-operation were to be discussed by the reconvened joint commission. A
further meeting, attended by British officials, was held in Miami in August 1990 to
discuss a proposed economic co-operation treaty and the contribution Britain could
make by providing funds for development.
A major shift in the Guatemalan attitude was displayed in Januar 1991 when the
new - I uatema an rest ent, ore erraff7Erias,...ma e severa statements
con rming is be ief that the dispute could be set-deg amicably and that Guatemala
should accept the fact that Belize existed and was widely recognized internationally.
On Jan. 8 Guatemala_supp9rted 13elize's accession to the Organization of American
StatesiO_Aaille with the decision .made bjthe OAS in December 1985
lirsi5end the article preventing Belize's accession gteLa fiyeiyear.perio-d. In July talks
--b-NWIEEITOTHEraTcot the two countries resumed in Miami.
Settlement of the maritime boundaries in the Bay of Amatique was seen as an
important stage in the progress towards a solution of the overall dispute and Guatemala's
eventual dropping of its claim. In August, Guatemala and Honduras set up a joint
commission to negotiate an agreement on their territorial waters in the Bay of
Amatique. This allowed the Belizean government to introduce a Maritime Areas
Bill into the National Assembly on Aug. 16, establishing a general territorial waters
limit of 12 miles and an exclusive economic zone of up to 200 miles, apart from the area
between Ran uana Cave and the Sa.rs.toon River_whereAlieliinityza
y uniting the maritime boundary in the south to three miles instead of the median
line between the two countries, Belize would allow Guatemala access to the high seas
from the port of Puerto Barrios through deep water. Guatemala had claimed a 12-mile
limit since 1939, and the extension of Belize's former three-mile limit to the median line
between the two countries would have closed off this traditional route of access enjoyed
by Guatemala.
On Sept. 5, 1991, Serrano announced that Guatemala in effect recognized Belize
and would continue to seek a definitive solution of the dispute, although he stated
that Guatemala's claim had not been formally withdrawn. On Sept. 11, full diplomatic
relations between the two countries were established aiTT"STITITSIMM e)TraW"?d?lige
TM? announcement-iii=WilMirlife?GilaterTrarari CabiTierbeing consulted and
the foreign minister, Alvaro Arzii Irogoyen, later resigned in protest stating that the
constitution had been disregarded. On Sept. 16, however, a Belizean delegation visited
Guatemala City for talks. In the joint communiqu?ssued as a result of the meeting,
Guatemala acknowledged that its claim was not "an obstacle to the recognition of the
people of Belize to self-determination" and both governments agreed to "continue to
negotiate a definitive agreement to end their differences", with such an agreement
subject to approval in referendums in both countries. A bilateral commission was to
be established to reach co-operation agreements in the following areas:
(1) Joint exploration of defined areas of Belize's exclusive economic zone (EEZ) for
mutual benefit;
(2) Permanent access for Guatemala to the Caribbean from El Peten department and
the reciprocal use of port facilities;
(3) Cultural and educational exchanges;
(4) Tourism co-operation, particularly in the Mundo Maya project;
(5) Co-operation in combatting the illegal drugs trade;
(6) Development of commerce and investment between the two countries.
In support of its promise to provide funds for development if a successful agreement
could be reached to the dispute, the British government offered ?22.5 million after the
establishment of diplomatic relations as a contribution to renewing road links between
the two countries, thus in a way fulfilling its obligations under the 1859 treaty.
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5 THE AMERICAS AND ANTARCTICA
The Belizean government set up a national bipartisan commission to publicize the
proposed Maritime Areas Bill prior to discussion in the National Assembly. Concerns
by Belizean fishermen in the south that the new boundaries would limit their activities
were raised during discussions between Serrano and Price at the end of October. Serrano
assured the Belizeans that traditional fishing and navigational rights would be respected.
The Maritime Areas Bill was duly passed by the House of Representatives on Jan. 17,
102, by 16 votes to 12 although The s sirecms.?g'a-Urg'E tion-W IT E rr TETT TD717Nrig
77-a number of resignations and expulsions from the party. Belize's improved relations
with Guatemala helped improve other relationships in Central America, including an
invitation at the presidential summit in December to join the Central American
Community, and the joint hosting of a meeting of Central American and CARICOM
foreign ministers in Honduras in January 1992.
5.5 Bolivia-Chile
(Lauca River Waters)
A dispute over the use of the waters of the River Lauca (which has its source
in Chile and flows on to the Andean plateau of Bolivia), which had existed for
several years, reached a critical point in 1962 after Bolivia had warned Chile on
March 22 of that year that the diversion of water from the river by Chile would
be regarded as an act of aggression, as such a diversion could not be undertaken
without the agreement of both countries) (For an illustration of this dispute, see
map 5.6.)
Despite the Bolivian warning, the Chilean President on April 14, 1962, ordered that
the sluice gates of a new dam on the Lauca river should be opened to supply an
irrigation scheme and a new hydroelectric project in Chile. Bolivia in turn contended
that this action reduced the flow of the Lauca river waters into Bolivia and broke off
its diplomatic relations with Chile on April 16.
The Bolivian government also appealed to the Council of the Organization of
American States (OAS) to find a solution to the dispute. The Council unanimously
decided on May 24, 1962, to call on Bolivia and Chile to come to an agreement by
making use of any of the peaceful means for settling disputes contained in the 1947
Inter-American Treaty for Reciprocal Assistance (the Treaty of Rio). Bolivia and Chile,
however, failed to agree on such means, with Bolivia favouring mediation by five Latin
American states and Chile wishing to call for arbitration by the International Court of
Justice, on the grounds that the issue was a legal and not a political matter.
On Sept. 3, 1962, however, the Bolivian government temporarily withdrew from
participation in the activities of the OAS, stating that it had acted "in strict accordance
with the terms of the [OAS] resolution of May 24", whereas the Chilean government
appeared not to intend to contribute to the reaching of an immediate solution because
it was "the beneficiary of the present illegal situation". Bolivia also claimed that the
humidity in the area had already been reduced, that the salinity of Lake Coipasa (into
which the Lauca river flows) had been raised, that difficulties had been created in
agriculture and cattle-raising in three provinces, and that Chile was also attempting
Tor the separate dispute between Bolivia, Chile and Peru over the question of Bolivian access to the
sea, see section 5.6.
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