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A compromis for Christmas

GeneralA compromis for Christmas
Despite Belize’s independence 27 years ago, the country’s western neighbor, Guatemala, has continued to maintain an archaic claim over at least half its territory and virtually all its cayes, except only the country’s first capital – St. George’s Caye. Decades of negotiations, firstly with the British and secondly with the independent Belize, have fallen apart in futility, but there is new optimism in some quarters that a special agreement – signed in the political capital of the United States today – could signal a new phase in trying to resolve this age-old conflict over The Jewel – Belize.
 
For the first time in the history of Belize, the country has signed a treaty with Guatemala setting out the process for what officials contend is the best way forward to settle the territorial dispute, rooted in the 1859 boundary treaty between Britain and Guatemala. Today the parties signed a new treaty in the form of a special agreement or compromis, which they say they want to submit, some time in 2009, to the International Court of Justice (ICJ) in The Hague, Netherlands.
 
The Hall of Heroes at the headquarters of the Organization of American States (OAS), in Washington, D.C., was this morning the venue for the celebrated signing – Hon. Wilfred “Sedi” Elrington fixing his signature on the compromis (and an accompanying joint declaration) for Belize and Canciller Roger Haroldo Rodas Melgar signing for Guatemala.
 
Witnessing the signing was the Secretary-General of the Organization of American States, Jose Miguel Insulza, who this morning, in his remarks, called the signing, “an important step in the process of resolution of the Guatemalan claim.”
 
After a preliminary ministerial meeting in the Miranda Room at the OAS, the parties sat down at the table in the corridors outside for the signing, and made formal remarks on its significance.
 
Journalists from several media houses in Belize were in D.C. to capture the moment, including Kremandala, Channel 7, Wave, Love FM, and Channel 5. The only Guatemalan press representative covering the event was freelancer, Luisa Rodriguez, attached to Prensa Libre. We note that except for the speech made by Minister Elrington, the entire proceedings were held in Spanish, with no official translation, and a press release issued Monday evening was entirely in Spanish.
 
“This signing today is significant because it signals to the world that the Government of Belize is serious about getting the matter resolved, and believes that, in fact, going to the International Court of Justice is our best attempt at this time,” Minister Elrington told Amandala this morning.
 
He said that today’s signing “…will be of no real significance unless and until our people actually vote in favor” of taking the case to the ICJ.
 
“My own view is that we have a very, very good case,” said Elrington. “I have no doubt that if we go to court we will fare much, much better than if we don’t go and do nothing. Belize’s strongest position lies with going to the court.”
 
We pointed to skepticism, particularly on the side of Guatemala, that the process will result in nothing.
 
“In like manner that there are people in Belize who are vehemently opposed to any kind of settlement of this dispute with Guatemala…some people seem to think we do nothing and the dispute is going to go away,” said Elrington. Those opposing in Guatemala, he said, “…have their own agenda in not wanting the matter to proceed…they are not happy with the fact that we may go to international court and the court may say, well, Guatemala has no rights to Belize – so they have their own fears.”
 
Elrington said that he is firmly convinced that this is the correct process, and he is happy that they have gotten past the hurdle of reaching an agreement to go to the ICJ.
 
Guatemala’s officials also expressed the view that the ICJ, which would make a binding decision, is the best option for bringing the dispute to a final end.
 
In our conversation a few minutes later, Rodas insisted that while Guatemala has recognized Belize’s independence, it maintains that the territorial dispute is very much alive, “there was never any delimitation….that is why we are going to international court…they have to define what the territory is.”
 
Amandala also interviewed the Permanent Representative for Guatemala to the United Nations, Gert Rosenthal, also a veteran of Guatemala’s team.
 
Rosenthal told us that, “It’s 150 years of a territorial dispute – these things are very emotional – not only in Guatemala but in all countries. Territorial disputes are emotional things. When I went to school, I was taught that Belize is Guatemalan. So the only way to get off the hook – because Guatemala has no imperial pretensions – is for a juridical solution.”
 
Why doesn’t Guatemala just drop its claim? Why go through this long, expensive process, taking it through the court, I mean, Guatemala is so much times bigger than Belize, yet it maintains a claim of more than half Belize’s territory and in some quarters the whole of Belize. Why not just drop the claim?
 
“You know, if we could we probably would; the problem is the Constitution,” Rosenthal responded.
 
But the Constitution can be changed, Amandala commented.
 
“That’s very difficult to change the Constitution; it’s also difficult to change attitudes,” Rosenthal insisted. “I don’t think we could have gone to the court 15 or 20 years ago. The majority of the population would agree with you – it would be much simpler if the government would say, let’s renounce our claim, but it isn’t that simple, there are all kinds of issues, there is this constitutional provision, we’ve explored all the options we have and it turns out that the least bad option is going to the court.”
 
While the politicians were at the helm of today’s gathering, the law of both Guatemala and Belize requires that the people of the countries decide whether the ICJ should be asked to decide on the case.
 
“It is now the end of the work of the diplomats and the beginning of the work of the people – so it’s the people who will decide whether we will go to the judicial determination, so it’s a fundamental change for us,” Eamon Courtenay, SC, former Foreign Affairs Minister for Belize and representative for the Opposition People’s United Party on the Belize Negotiating Team.
 
Courtenay said that over the years the parties have talked about arbitration, and pursued conciliation and direct negotiations; but “all those options are now off the table…”
 
Even though he expressed the view that the special agreement is the best that could have been negotiated, he did indicate that there could have been specific improvements – such as a shorter timeframe than the 3-year period given for the parties to make their submissions to the court, and a simpler question for the referendum, and the ICJ panel of judges.
 
However, he said, “…it was framed in such a way to capture whatever claim that Guatemala wants, so it had to be long and a bit cumbersome. But I think those are things that can be explained away in the education process.”
 
For his part, Ambassador Fred Martinez said that, “It has been a very long and arduous process of negotiating that special agreement – three pages as it is, but every word in there had to be negotiated. We had to be satisfied that it met our expectations and requirements, and our national interests.”
 
UN declarations on Belize’s territory
 
Between 1975 and 1980, the United Nations General Assembly passed six successive resolutions on the “Question of Belize” – declaring that the people of Belize have the inalienable right to self-determination and independence, with all territory intact. By an overwhelming majority, the nations that were then members of the United Nations voted and agreed that Belize should go into independence with all its territory intact.
 
However, Guatemala – a member of the United Nations – has never given any weight to the UN resolutions, and has continued to insist that the UN did not have the jurisdiction to decide on what had been an old dispute over the territory of Belize.
 
Of note is that the last of the series of resolutions requested, “…the relevant organs of the United Nations [which includes the ICJ] to take such action as may be appropriate and as may be requested by the administering state [at the time – Britain] and the Government of Belize – in order to facilitate the attainment of independence by Belize and to guarantee its security and territorial integrity thereafter…”
 
However, today when we spoke with Rosenthal, Guatemala’s UN rep, about those resolutions, he told us that the reason why Guatemala has never endorsed the UN resolutions is, “Because the prevailing attitude in Guatemala is that we have a legitimate historical claim.”
 
But the dispute is with the British. Why isn’t Guatemala going after Britain, why isn’t Guatemala seeking reparations from Britain? The dispute is originally with the British, our newspaper insisted.
 
“They tried,” Rosenthal responded. “There’s 60 years of history behind this. And you’re absolutely right: it could have been a lot simpler if we had resolved the dispute with Britain – with Great Britain before independence.”
 
Rosenthal said that Guatemala subscribes to the territorial integrity of states and to the rights of people to self-determination.
 
But saying that and still maintaining a claim over Belize is not consistent, we pressed.
 
“You know, if the constitutional provisions didn’t exist, maybe you would find a government willing to take the political risk of just renouncing, but you do have [them], so you have to go through the motions of the legal [route], which will take several years, and most legal experts will tell you that Guatemala will lose the case.”
 
Still, he maintained that, “We are duty-bound to defend the historical claim, which during generations, Guatemala has claimed that the original cession of Guatemalan territory to England [1859], was null and void.”
 
Do you feel Guatemala will win the case? Asked Channel 7 News director, Jules Vasquez.
 
“I’m not a lawyer – most lawyers will tell you Guatemala will not win.”
 
Not any part of it? Because it involves the land, it involves the sea, and it involves the cayes, our newspaper asked for clarity.
 
“It’s all or nothing – and it will probably be nothing,” Rosenthal replied.
 
U.S. and Britain weigh in
 
Today the governments of Great Britain and the United States both issued statements on the milestone signing.
 
London (UK) Foreign Office Minister, Gillian Merron, issued a statement saying, “I very much welcome Belize and Guatemala’s signing of a special agreement setting out the terms for taking their territorial dispute to the International Court of Justice in The Hague.
 
“This is an important step that demonstrates a positive commitment by both governments to reach a mutually agreed solution.”
 
The release commended the initiative to set up a fund to defray legal costs, and pledged the initial contribution of £200,000 (roughly US$300,000). [Elrington has said that the tab could run in the millions for Belize to defend itself against the Guatemalan claim at the ICJ.]
 
Like the UK, the US Department of State in Washington, DC, also issued a statement congratulating Belize and Guatemala on the signing.
 
“We recognize the leadership of President Colom of Guatemala and Prime Minister Barrow of Belize in advancing a comprehensive resolution that the United States believes could lead to new economic and political cooperation, prosperity, and development in both countries,” said the statement. “We commend the negotiators who have persistently sought to transform contentious issues into creative opportunities for mutual benefit and thank the Organization of American States for providing its good offices and mechanisms for dialogue that have facilitated the successful advance of this dispute’s resolution.”
 
The negotiations for the agreement were conducted under the auspices of the OAS, which was the mediator in several years of failed attempts at a negotiated settlement, beginning in 2000. A new round began in 2005, when the parties signed a set of confidence building measures which remain in force today. In 2007 the OAS made a formal recommendation to the parties to submit the dispute to the ICJ.
 
The way forward
 
Officials say that the next step in the process is for a bi-national commission of Guatemalans and Belizeans to sit down in the weeks ahead to map out a timeline for the process.
 
“This [the signing] is the first part of the whole phase about going to court. Clearly the special agreement now goes to the National Assembly [Belize], in the New Year, but the public education in Belize starts immediately to inform our people what it all entails, what going to the court will mean, what options we have,” said Belize’s Chief Negotiator and Resident Ambassador to Guatemala, Fred Martinez.
 
The Government of Belize released the signed compromis immediately after today’s signing, along with explanatory notes. We reproduce that agreement.
 
“I think our Belizean people need to be fully, fully informed, about everything, because every vote is a decision, and that decision must be rational. We have to ensure that when we make a decision, we make it on a rational basis and not on a reflex basis,” Martinez added.
 
“We are already close to Christmas and both parliaments go into recess and we don’t expect the Guatemalan Congress to reconvene until the 14th of January, and so by the time they introduce the special agreement to their Congress it goes to a Committee…”
 
As to when the compromis will be tabled at the Belize National Assembly, Martinez said it probably won’t happen before the New Year.
 
“It all depends on the Prime Minister, but I think he may want to wait until the New Year to do so, to give it the proper timing, because after this people will begin thinking about Christmas ham and Santa Clause, et cetera, and you really want the people to give it the attention it merits from the very beginning.”
 
Elrington said he expects the ruling party in Belize to make a statement on the signing of the special agreement (compromis) at the next meeting of the House of Representatives on Thursday.
 
His Guatemalan counterpart, Rodas, said he could not say how soon the Guatemalans will proceed with the special agreement. Rodas told us that that their president, Alvaro Colom, will send the agreement to Congress. Congress will say whether it agrees and if so, the gears would kick in for the national referendum – which should happen on the same day and at the same time as that in Belize.
 
Continuing border problems
 
Even as optimism seemed to have been high today among the delegates from both countries, lingering tensions were evident on the Belize side, as there are continued reports of Guatemalan incursions into Belizean territory – the latest report coming out of Jalacte, Toledo. Within the past few weeks reports have surfaced that Guatemalans are undertaking unapproved construction on the Belize side of the border.
 
“I have been instructed by the Minister to meet with the Guatemalan foreign ministry immediately to look at those pending issues – including Jalacte – so as soon as I get back to Guatemala [Thursday], we will begin dealing with that,” Ambassador Martinez told us.
 
The text of the Special Agreement
 
TITLE: Special Agreement between Belize and Guatemala to Submit Guatemala’s Territorial, Insular and Maritime Claim to the International Court Of Justice
 
The Government of Belize and the Government of the Republic of Guatemala (hereinafter “the Parties”); Wishing to finally put an end to any and all differences regarding their respective land and insular territories and their maritime areas; Bearing in mind the recommendation of the Secretary General of the Organization of American States of November 19, 2007, based on article 5 of the “Agreement on a Framework for Negotiations and Confidence-Building Measures between Belize and Guatemala” of September 7, 2005, that the Parties submit the dispute to the International Court of Justice; Whereas said recommendation has been formally accepted by both Parties, subject to the approval of their citizens in national referenda;
 
Have agreed as follows:
 
Article 1
 
Pursuant to Article 36(1) of the Statute of the International Court of Justice (hereinafter, the “Court”), the Parties agree to submit to the Court the dispute described in Article 2 of this Special Agreement.
 
Article 2
 
The Parties request the Court to determine in accordance with applicable rules of international law as specified in Article 38(1) of the Statute of the Court any and all legal claims of Guatemala against Belize to land and insular territories and to any maritime areas pertaining to these territories, to declare the rights therein of both Parties, and to determine the boundaries between their respective territories and areas.
 
Article 3
 
1. The procedure shall consist of two stages: one for presentation of written pleadings and another for oral hearings.
 
2. The Parties request that the Court authorize the following written procedure: (a) The Government of Guatemala shall submit a Memorial within twelve months of the date on which this Special Agreement was notified to the Registrar of the Court; (b) The Government of Belize shall submit a Counter-Memorial within twelve months of the date on which it was notified of the submission and contents of the Memorial presented by Guatemala; (c) The Government of Guatemala may submit a Reply within six months of the date on which it was notified of the submission and contents of the Counter-Memorial; (d) The Government of Belize may submit its Rejoinder within six months of the date on which it was notified of the submission and contents of Guatemala’s Reply; (e) The Court may, ex officio or if both Parties so agree, prescribe or authorize the presentation of additional pleadings.
 
3. The Court may extend these deadlines at the request of either of the Parties.
 
4. The foregoing provisions are without prejudice to any question as to the burden of proof which might arise.
 
5. All other procedural matters shall be governed by the provisions of the Statute and Rules of the Court.
 
Article 4
 
The Parties may submit their cases in the English or Spanish languages, provided that any pleadings or documents submitted in Spanish shall be accompanied by a translation into English.
 
Article 5
 
The Parties shall accept the decision of the Court as final and binding, and undertake to comply with and implement it in full and in good faith. In particular, the Parties agree that, within three months of the date of the Judgment of the Court, they will agree on the composition and terms of reference of a Bi-national Commission to carry out the demarcation of their boundaries in accordance with the decision of the Court. lf such agreement is not reached within three months, either Party may request the Secretary General of the Organization of American States to appoint the members of the Bi-national Commission and to prescribe its Terms of Reference, after due consultation with the Parties.
 
Article 6
 
This Special Agreement shall enter into force upon the exchange of instruments of ratification, and remain in force unless and until terminated by agreement of the Parties.
 
Article 7
 
1. The Parties commit themselves to undertake the procedures set forth in their respective national systems to submit to referenda the decision to bring to the International Court of Justice the final settlement of the territorial dispute.
 
2. The referenda shall take place simultaneously in both countries on a date to be agreed between the Parties.
 
3. The question to be submitted to referenda shall be: “Do you agree that any legal claim of Guatemala against Belize relating to land and insular territories and to any maritime areas pertaining to these territories should be submitted to the International Court of Justice for final settlement and that it determine finally the boundaries of the respective territories and areas of the Parties?”
 
Article 8
 
This Special Agreement shall be notified to the Registrar of the Court jointly or by either of the Parties within a month after referenda in both countries have approved submission of the dispute to the Court.
 
Article 9
 
This Special Agreement shall be registered with the Secretariat of the United Nations pursuant to Article 102 of the United Nations Charter, jointly or by either of the Parties. At the same time it will be brought to the attention of the Organization of American States.
 
In witness whereof the undersigned have signed the present Special Agreement, in the English and Spanish languages, both versions being equally authentic. Done in triplicate at the Headquarters of the Organization of American States in Washington, D.C. on the 8th of December 2008. Hon. Wilfred Elrington – Minister of Foreign Affairs and Foreign Trade (Belize); Hon. Haroldo Rodas Melgar – Minister of Foreign Affairs and Attorney General (Guatemala); witnessed by Jose Miguel Insulza, Secretary-General (OAS) – witness of honor.
 
The text of the Joint Declaration
 
The Ministers of Foreign Affairs of Belize and Guatemala express their satisfaction on the achievement of the signature of the Special Agreement between Belize and Guatemala to submit the territorial, insular and maritime claim of Guatemala to the International Court of Justice, as recommended by the Secretary General of the OAS, subject to the approval of the citizens of both countries in referenda.
 
They commit themselves to proceed as soon as possible, once the special Agreement is signed, to carry out the necessary arrangements in their respective States to comply with the legal procedures contemplated in Article 7 of the aforementioned Agreement.
 
They express their profound appreciation to the Organization of American States (OAS) and, in particular, to its Secretary General, H.E. Jose Miguel Insulza, for their effective and sustained work of mediation and follow-up to the negotiation process between the two States.
 
They underscore the valuable support of the Group of Friends, who provided commitment, cooperation, and assistance throughout the process.
 
They agree to continue implementing the provisions of the Agreement on Confidence-Building Measures, signed on September 7, 2005, which have helped to maintain and deepen friendly bilateral relations between the two countries.
 
They regard the ongoing presence of the OAS Office in the Adjacency Zone as necessary, bearing in mind the important activities it is carrying out since it was established.
 
They agree to strengthen the bilateral agenda and good neighbourly relations independently of the juridical process.   (Signed by the same parties for the special agreement)
 
(Ed. NOTE: Tonight, at the Georgeville Club in Washington, D.C., the Embassy of Belize and Minister Elrington are hosting the Belizean community at a special reception, at which he is making remarks on today’s signing and taking questions from the floor.)

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