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International Boundaries Research Unit

Boundary news

Belize and Guatemala set date for referendum on dispute

(4 May 2012)

On 27 April 2012, Belize and Guatemala set a date for two referenda to be held in both states simultaneously concerning settlement of their protracted territorial and maritime dispute. The Minister of Foreign Affairs from Belize, Hon. Wilfred Elrington and his counterpart from Guatemala, Hon. Harold Caballeros agreed the date of 6 October 2013 while meeting in the presence of the Secretary General of the Organisation of American States (OAS), Jose Miguel Insulza, at the OAS headquarters in Washington DC. Both sides agreed that the time frame provide the opportunity to educate their respective populations about the pros and cons of adjudicated settlement of their dispute. Although the exact terminology of the questions posed in the referenda have not been finalised, it is expected that the people of Belize and Guatemala will decide whether or not the dispute over territorial sovereignty, as well as definition of the land and maritime boundaries, should be submitted to the International Court of Justice (ICJ) for binding resolution. The two states had agreed in 2008 to submit the dispute to the ICJ for resolution, pending approval from both sides through referendum. Similar referenda were conducted in Croatia and Slovenia concerning arbitration of their land and maritime boundary dispute.

The long running dispute between the Central American neighbours stems from colonial era arrangements, particularly an 1859 agreement between Guatemala and the British government which administered Belize as a colony until its independence in 1981. Guatemala has maintained that much of the western territory of Belize should be under Guatemalan sovereignty, which in turn affects the potential maritime boundary in the Caribbean. The United Kingdom has promised to provide financial support for the legal fees of both states if the dispute goes to the ICJ. The dispute has soured relations between the two states and Guatemala for decades and Guatemala's foreign minister commented that his country was eager to move past the dispute to focus on domestic development.

Sources: 'Belize and Guatemala agree on 2013 date for territorial referenda' Caribbean Journal, 28 April 2012; 'British Government welcomes Belize-Guatemala territorial dispute referendun' The Belizean, 4 May 2012; 'Belize and Guatemala' reports from the Secretariat for Political Affairs, OAS, 27 April 2012.

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Comments

Nature of Guatemala's claim

I recommend replacing "Guatemala has maintained that much of the western territory of Belize should be under Guatemalan sovereignty," with "Since 1999 Guatemala has maintained that the southern section of Belize, from the Sibun River southwards to the Sarstoon River, should be under Guatemalan sovereignty."

(See Lauterpacht et. al. (2002), Legal Opinion on Guatemala's Territorial Claim to Belize (Belmopan, Belize, 2002), p. 7.

Posted by Herman Byrd at 16:30, 28 June 2012

Bze-Guat ICJ Referenda Question

The exact terminlogy of the question to be asked in the simultaneous rerefenda,contained in the Special Agreement of 8th December December 2008 is: 'Do you agree that any legal claim of Guatemala against Belize relating to land and insular territories and to any maritime spaces pertaining to these territories should be submitted to the ICJ for final settlement and that it determine finally the boundaries of the respective territories and areas of the parties?" The Special Agreement can be reviewed at bze-icj.com

Posted by David Gibson at 17:55, 16 July 2012

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