Kremandala and the UBAD Educational Foundation (UEF) sponsored a discussion last night at the Bishop Sylvester Memorial Center. The question of Belize taking the Guatemalan claim to the International Court of Justice (ICJ) was ventilated by three professionals who made presentations on the question – attorney and former Cabinet minister, Hubert Elrington; Sharon Pitts-Robateau, an activist and attorney; and former Ambassador James Murphy, who has written extensively on Guatemala’s claim to Belize.
The moderator for the discussion was Senator Godwin Hulse. Also present for the discussion was Minister of Foreign Affairs, Foreign Trade and Attorney General, Hon. Wilfred Elrington. The Guatemalan Foreign Ministry, through its Embassy in Belize, sent one of its diplomatic staff members to cover the discussion.
The first presenter was Hubert Elrington, who insisted that the former Prime Minister, Rt. Hon. George Price, was bent on selling out the country to Guatemala in the 1950s. Elrington said that he still believes that Price had collaborators.
“The time is right to get this thing settled. I would like to urge you to keep the discussion at a certain level. We don’t need to shackle our country for the next one hundred years with Guatemala or anybody.”
Elrington supports going to the ICJ.
Before calling on the next presenter, Senator Hulse took time out to share with the audience some points on Guatemala’s position and how they view their claim to Belize, from a Guatemalan Foreign Ministry document that came into being around the time of the Facilitation process.
“Belize is at a loss to understand how Guatemala can continue to insist upon the legal validity of its case and yet not be prepared to accept a judgment of the ICJ unless it is based on non-legal consideration….”
Senator Hulse went on to say that, “We were affirmed by the UN with all our territory. We have a strong case; I hate to think that the Court would rule otherwise.”
The next presenter, Sharon Pitts-Robateau, began her presentation by asking for a moment of silence in remembrance of Leigh Richardson, Belizean patriot, journalist and politician who passed this week Monday in New York City.
Pitts-Robateau told the audience that, “We cannot afford to win elections and lose our country. We must remain resolute.”
She then made reference to a 1963 book that was written by the late Belizean national hero, Philip S.W. Goldson. “Democracy does not come easily, it has to be earned. Goldson said that his book was intended to halt the pattern of betrayal that Governor Thornley referred to when he said that the country was being sold ‘lock stock and barrel.’”
“When the Maritime Areas Bill was being introduced, we were being told that the Maritime Areas Bill would be the final solution.”
Turning to the question of the night, Pitts-Robateau asked: “What has a court of international law done for Belize recently? We need to have that 20/20 foresight. We need to be assured that this independence is enduring.”
“We have a strong legal position. Why are we going to the ICJ? Chances are that the ICJ could find against us. As an officer of the UDP, I say, leaders were closing ranks against the people during the Maritime Areas Bill in 1991.”
“Our leaders have to come with full disclosures. Confidence building measures have only been building the confidence of Guatemala.”
Following Pitts-Robateau’s presentation, Senator Hulse went on to share another part of the Guatemalan Foreign Ministry’s document. “No matter how convinced the illustrious Government of Belize may be that the whole legal system benefits it, the Government of Guatemala is of the same persuasion. And there is no other means to resolve this problem, which threatens international peace and security, than to submit it before an international instance, so much so that the party that refuses to accept this means of resolution risks being considered as an enemy of peace. There is no value in the pontifical word of a government when there exists a conflict that has to be resolved through the appropriate functional means.”
The final presenter for the evening was Ambassador James Murphy. Unlike the other two presenters that preceded him, the Ambassador used historical documents to address the issue of going to the ICJ.
Murphy relied on the famous legal opinion on the Guatemalan claim that was written by Sir Elihu Lauterpacht, Judge Stephen Schwebel, Professor Shabtai Rosenne, and Professor Francisco Orrego Vicuna, published in 2001 with an introduction by Assad Shoman.
Before quoting extensively from the legal opinion, Murphy stated that: “On 18 October, 1999 Guatemala informed Belize that it had changed the basis of its claim to Belize. Whereas traditionally Guatemala based its claim to all of Belize’s territory on the alleged breach of Great Britain of the 1859 boundary convention, in 1999 Guatemala changed its position. Now the basis of the claim became the 18th century Anglo-Spanish treaties, the treaty of Versailles of 1783 and the Convention of London of 1786.
“Among other provisions, these treaties reaffirmed English right of settlement in a specific area—the latter treaty specifying the area between the Hondo and the Sibun Rivers, for purposes of timber extraction, while acknowledging Spanish sovereignty over the entire area of present day Belize.
“Guatemala claims that the area between the Sibun and Sarstoon Rivers and all the cayes, except St. George’s Caye were illegally occupied by Britain and now must be returned to Guatemala together with all the cayes except St. George’s Caye. St George’s Caye escapes the current version of the claim because that caye was included in the 1786 treaty.
“According to Guatemala’s note of 18 October, 1999, then, their claim is to more than half of Belize, that is, the mainland territory between the Sibun and Sarstoon Rivers and all the cayes except St. George’s Caye. The note reserved Guatemala’s position regarding the area not now under active claim.”
Following the presentations, there was an active question and answer period. Foreign Minister Elrington was asked to answer most of the questions.