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Government brings Senate motion to address Honduras’ claim to Sapodilla Cayes

Posted: Monday, October 24, 2022. 12:59 pm CST.

By Aaron Humes: Without notice on the order paper, the Leader of Government Business Senator Eamon Courtenay presented a motion for Belize to accede to the American Treaty on Pacific Settlement, otherwise known as the Pact of Bogotá, first enforced in 1949.

It is necessary, he said, in order to head off a potential claim by the Republic of Honduras to the Sapodilla Cayes, which Belize is sovereign over and which Guatemala also claims.

It comes in the middle of Belize and Guatemala’s wrangle before the International Court of Justice (ICJ), in which the countries have submitted memorials and counter-memorials following both countries agreeing to send the dispute there by referendum. According to Courtenay, Honduras formally claims the cayes in its Constitution, which Belize believes is not credible. Nonetheless, despite the countries’ “excellent relations,” Belize wishes to accede to the Pact following unsuccessful negotiations to get Honduras to drop its claim.

As Courtenay explains, “If, as we believe is likely, Honduras applies to intervene in the case now before the court, it is likely to affect the Belize-Guatemala case. Once the ICJ becomes aware of the claim by Honduras to the Sapodillas, there is a significant risk that the court would not delimit the maritime areas that appertain to the Sapodillas, thereby leaving unresolved a large part of Belize’s maritime entitlement.” He adds that it is entirely possible that the ICJ would not resolve the claim in light of the entire maritime area claimed by both Belize and Guatemala.

Once Belize accedes to the Pact, it can take Honduras as a state party to the ICJ to resolve both Guatemala’s and Honduras’ claims.

Leader of Opposition Business Michael Peyrefitte said the matter should go to the Belizean people, first chastising the Government for leaving the matter so late, then warning that “dog would eat yu supper” if the matter was not brought to a referendum with the Belizean people.

The motion was by and large supported by the social partner senators, who raised some reservations as to why Belizeans were not told of this earlier.

In wrapping up the debate, Senator Courtenay said that while he was constrained from detailing exactly why Belize’s case against Guatemala would be compromised if Honduras intervenes, he stated that the Opposition and particularly Peyrefitte should be responsible to explain that, and added, “The Opposition knows what the stakes are. They know that if we do not use the Pact of Bogotá to have the Honduran claim to the Sapodillas resolved at the ICJ, given the indications that Honduras will seek to intervene and express its claim to the Sapodillas, the strong risk now is that the court will not delimit all the areas pertaining to Guatemala and Belize, and that it might even not determine Belize’s sovereignty over the Sapodilla Cayes as against Guatemala.” He added that the Opposition is also aware of the need to comply with the Special Agreement and the will of the Belizean voters as expressed through a referendum. But he argued that it would be “counter-productive” and not necessary to submit this to a referendum.

The motion was passed and Belize will now accede to the Pact.

 

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