In the past weeks – we've heard lots about moving the date of simultaneous, bi-national referendum on going to the ICJ. Guatemala's leaders are under political pressure because they say the process will cost over 50 million US dollars in their country- and the public doesn't want to hear that. They also say that Belize's referendum law –amended in early 2008 to enact a 60% thresh-hold is too difficult to meet.
But, in 2008 – when that law already existed, the Guatemalans had no such complaint when they signed the special agreement. Tonight, for context on all this back and forth about moving the date of the referendum, we re-visit that signing which took place at the OAS Headquarters in Washington DC. Jules Vasquez was there for the historic event on Monday, December 8, 2008 and here's his report filed the following day.
Jules Vasquez Reporting,
Monday started with a breakfast meeting for the Foreign Minister and the Negotiating
Team, led by Ambassador Fred Martinez with PUP representative Eamon Courtenay
and his UDP counterpart Dianne Haylock. After that hour long prep and review
session, it was unto the OAS main building on Constitution Avenue in downtown
Washington DC, within view of the imposing Washington Monument.
Belize's delegation arrived promptly at 9:20 and the Guatemalan delegation led by Minister Roger Haroldo Rodas Melgar got there minutes after. The stage
was set at the Hall of the Flags for the signing, but first both groups retreated
into the Miranda room to hold discussions on a number of bilateral issues
not least of which was funding for continuing the process. Ministers Elrington
and Rodas Melgar engaged in informal talks for some time, eventually joined
by the rest of the negotiating teams for both countries.
The Guatemalan team was filled out by three notable names, H.E. Francisco Villagran
de Leon, he's the tall figure next to Rodas in this shot and Jorge Skinner Klee
- who wears glasses in this shot. They are senior diplomats but notable because
both men's fathers were key figures in the Consejo De Belice which resuscitated
the claim in the 20th century.
Rodas Melger's team is filled out by Gert Rosenthal, presently Guatemala's
Ambassador to the United Nations and considered the most moderate, conciliatory
voice on Belize in Guatemala. The meeting was scheduled for an hour, the meeting
proceeded after some delay. Shortly after the group was joined by Secretary
General of the OAS Jose Miguel Insulza.
After that it was into the hall of the flags for the special agreement signing ceremony and an accompanying Ministerial Declaration. The event was full to
overflowing with representatives, ambassadors and diplomats from interested
countries. Minister Elrington noted the history at hand.
Hon. Wilfred Sedi Elrington, Minister of Foreign Affairs
"This marks a major milestone in the ongoing effort to settle this
aged dispute. The signing of this Special Agreement is a manifestation of a
deep commitment on the part of the government of Belize to put this claim behind
us. The people of Belize and Guatemala have for too long been divided by resentment,
suspicion and fear. Imagine how much more we could achieve together if the territorial
claim over my country were set aside and set aside in the dustbin of history.
My government is very serious about finding a way of finally putting any
all and all differences between us and Guatemala behind us. I have every confidence
in my colleague Minister Haroldo Rodas when he assures me that his government
like mine is also committed to doing the same. We know that our people do not
wish to live in hostility and resentment towards each other. Today we're
announcing to the world our intention to free ourselves of this historical legacy."
After the speeches, both Ministers were greeted by well wishers from the international
community who welcome this significant step towards a settled resolution. And
more than just a photo opportunity, chief negotiator Fred Martinez put the accomplishment
in perspective for us.
Fred Martinez, Chief Negotiator
"This is historical in the context that Guatemala has accepted to
go to court exclusively on the principle of international law. It has changed
its mindset that we cannot continue negotiating and let the court impose a solution
on us but on the basis, as you say, of international law so that is historical
and both sides have always hedged about let us continue talking, postponing the day and in that context too, it is historical that both sides have said
listen, enough is enough.
It is really a sigh of relief that this has now been signed and we can
now embark on the most important part of the process which is the consultation
with our people."
Eamon Courtenay, PUP Representative
"Diplomacy has obviously in a sense failed. Our attempts to facilitate,
to negotiate, have all come to nothing and therefore we are at a position where
we have to go by way of a judicial determination. The way I look at it, the
work of the diplomats is finished, it is now time for the people to decide."
And what they will be consulting about is whether to answer yes or no to this
question: 'do you agree that any legal claim of Guatemala against Belize
relating to land and insular territories and any maritime areas pertaining to
these territories should be submitted to the International Court of Justice
for final settlement and that it determines finally the boundaries of the respective
territories and areas of the parties?' That's the central feature of the
special agreement:
Fred Martinez,
"But when you look at the Special Agreement, you will notice it is
really a very basic document setting forth the procedures that need to be followed and nothing else."
And Martinez stresses, the Special Agreement - though signed with so
much fanfare is not in itself binding - or at least not yet.
Fred Martinez,
"After the referenda and if the referenda had said yes that the Special
Agreement is ratified and comes into force, prior to that it cannot come into
force the way it is structured."
Jules Vasquez,
So the Special Agreement being signed right now is a goodwill undertaking?
Fred Martinez,
"It is so, it is a goodwill undertaking."
It may be just that but in Belize the long secret document has excited widespread
criticism.
Hon. Wilfred Sedi Elrington,
"People in Belize, certainly people who have access to the media seem
to think that all we need to do is to do nothing and that the dispute is going
to go away. There are people in Guatemala who fervently believe that Belize
belongs to them and what they should do is come across the border with military arms and take over the country and they are not happy at the fact that they
will go to an international court and the court may say Guatemala has no right
to Belize. So they have their own fears and therefore they have their own agenda
in not wanting the matter to proceed. So in both countries we have people who
are just fixed in their own minds on what should be done."
According to Elrington it's either settle peacefully or live in conflict.
Hon. Wilfred Sedi Elrington,
"We cannot afford to have a hostile neighbour that is so much bigger
than we are on our border. We've got to find accommodation with Guatemala.
We've got to be able to live in peace with them."
Eamon Courtenay,
"If you want the Belize Guatemala dispute to be resolved, judicial
determination is the only option. Negotiations have failed and so the only option
is to go to court if you want it resolved. The question is, quite frankly, what
happens if it is not resolved; can we still live together as neighbours."
Hon. Wilfred Sedi Elrington,
"And even if we arm the whole 300,000 of us and put us along the border,
we will not be able to keep out the Guatemalans, we will not be able to prevent
them from coming over and wanting to take over our country and you have heard
them - they want the entire country; they want large portions of the country."
Gert Rosenthal knows that too well
Gert Rosenthal, Guatemalan Diplomat
"When I went to school I was taught Belize is Guatemala."
But now Rosenthal - one of the most senior and well respected diplomats
in Guatemala sees it differently - he says this agreement is the only hope for neighbors to live in a productive peace
Gert Rosenthal,
"It's the only solution to end this conflict for us. The only
way to get off the hook, because Guatemala has no imperial intentions, is for
a juridical solution. That gets Guatemala off the hook in terms of ending this
150 year dispute. I wouldn't say it is urgent because 150 years has elapsed
and I wish we would have solved this many years ago."
Jules Vasquez,
Will it pass your Congress?
Gert Rosenthal,
"I think so. I think Belize is not an issue. Everybody understands
after 26 years of independence Belize is a sovereign state. We would like to
have close relations with Belize, it is a neighbouring country, we have many
common interests."
Adele Ramos, Amandala Newspaper
"Why not just drop the claim?"
Gert Rosenthal,
"Well if we could we probably would. The problem is the constitution."
Adele Ramos,
"But the constitution can be changed."
Gert Rosenthal,
"It is very difficult to change the constitution and is also difficult
to change attitudes but we are duty bound to defend the historical claim which
through generations Guatemala has claimed that the original cession of Guatemalan
territory to England was null and void."
And from Rosenthal' senior vantage point his country doesn't have much
of a chance.
Jules Vasquez,
Do you feel you all would win the case if it goes to the ICJ? You have seen
the evidence.
Gert Rosenthal,
"I am not a lawyer but I think most lawyers would tell you that, no,
Guatemala would not win the case."
Adele Ramos,
"Not any part of it, because it involves land, it involves the sea?"
Gert Rosenthal,
"It is one of things that is all or nothing and it would probably
be nothing."
A bold and blanket declaration from a senior diplomat, but it's left to be
seen if Belizeans will buy it or guess that he and his team are just playing
possum.
Again, that story was from December 2008. Since then Guatemala has gone through two Foreign Ministers and is on its third. It has also had a change of government and a new president. Since then also,
in April, 2012 Belize and Guatemala went back to the OAS where they agreed to a simultaneous referendums on October Sixth, 2013.
And now, as has been widely reported Guatemala wants to move away from that date – a request which Belzie has rejected.