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Goldon 1967 PDF
Goldon 1967 PDF
GENERAL MEETING
Ydfgoras by the Central Intelligence Agency, which form of political incorporation with Guatemala, That
had handled the Bay of Pigs operation, peaceful group had been prevented by the police from
demonstrating in front of the United States Consulate,
37. Shortly after, a series of conferences had taken where the mediator had been present.
place, the first in Puerto Rico in April 1962, followed
by one in washington in 1963 and others in Miami, 41. In February 1966, the Opposition party had been
Washington, New York and London in 1965 and 1966. invited to attend a conference with the mediator in
The British Honduras Government had been repre- New York. Once again, the British Honduran people
sented at the Puerto Rico Conference, but the Opposi- had not been allowed to know of the fate in store for
tion had been barred. He himself, notwithstanding, them, for it had been specified that no publicity was
had gone to Puerto Rico and had taken advantage of to be given to the meeting. At the end of May 1966,
mass media to put the case for genuine independence another secret conference had taken place at the
for his country. Neither the British Honduras Govern- Foreign Office in London, attended by a Foreign
ment nor the Opposition had attended the 1963 Washing- Office and Colonial Office delegation and a seven-
ton meeting, but both had been invited to the series of member delegation from the British Honduras Govern-
conferences held in 1965, In June 1965, in London, ment and Opposition, The petitioner had on that occa-
the proposal had been made to submit the dispute to sion immediately asked for an explanation of why three
mediation by the United States, but both the British mediators ·had not been appointed, as had been agreed
Honduras Government and the Opposition had objected upon at the earlier conference in London. The head
to appointment of the United States as sole mediator, of the United Kingdom delegation had replied that
and it had therefore been understood that three medi- having one or three mediators was of minor impor-
ators would be appointed, one from the United States, tance, that all the parties had agreed to mediation, and
one from a Scandinavian country and one from an that they were now present to examine the results of
African or an Asian country, and that their terms of that mediation. All he himself had been able to do at
reference would be agreed on at a further conference. that stage had been to protest. The head of the United
Kingdom delegation had gone on to state that his
38. In November 1965, however, a "Voice of America" Government had received from the mediator, who had
broadcast heard in British Honduras had made it known been in London in April, the draft of the proposals
that a secret conference had been taking place in which he would be submitting to President Johnson,
Washington to brief a New York lawyer named Mr. and that the United Kingdom Government had already
Bethuel M. Webster, the mediator chosen to settle accepted the draft at Cabinet level, subject to certain
the dispute, on his terms of reference. According to adjustments to be made to it. He had added that the
the broadcast, Mr. Webster's appointment had been British Honduras political leaders had been called to
made by President Johnson, who had agreed, at the London to be shown the draft as a "privilege" and not
request of the United Kingdom and Guatemala, to act a right, that the conference was a secret one, and that
as sole mediator. Further inquiries had revealed that the participants would not be allowed to carry con-
a Minister of the British Honduras C..overnment had ference documents from the room. They had also been
been present at the conference. When the Opposition told that their comments would be taken into con-
had asked why it had not been asked to attend or even sideration, but that no major changes could be made
been notified of the conference, the answer given was in the proposals, which had already been accepted by
that the Government had not known about the conference the United Kingdom and Guatemala in principle. It was
and that its Minister had been attending another con- to be presumed that they had been accepted by the
ference in Miami by chance and had been invited to United States also.
attend by the Washington conference conveners; later
an amended statement had been issued to the effect 42, The draft agreement later shown to the delegates
that the Government had learnt about the conference had been basically the same as the unpopular 1957
at short notice and had cabled its Minister in Miami plan, which at the time had so angered the United
to attend; and finally it had been stated that the Govern- Kingdom Government that it had asked for the recall
ment had known of the conference, but not the exact of the Guatemalan Minister in London, The intended
date, and had sent the Minister to Miami for another agreement contained thirteen proposals but there was
conference but with instructions to stand by to attend no provision for independence for British Honduras.
the Washington conference with the new mediator. Later in the discussions the representative of British
Honduras had been told that such expressions as "inde-
39, Whatever was the true story, no explanation had pendence" and "sovereignty" would only antagonize
been given with regard to the choice of a sole mediator Guatemala if they appeared in the documents, The
instead of three, or why the Opposition had not been impression had been given in such explanations that
informed and invited to the Washington conference. British Honduras would somehow end up with inde-
In December 1965, a second conference with the pendence without Guatemala's realizing what had
mediator had been held in New York, and on that happened. The draft agreement had provided for the
occasion the Opposition had been informed but not withdrawal of the United Kingdom by a date subse-
invited to attend, For that conference, as for the others, quently fixed at not later than December 1968,
no report had been issued or made available to those
43, Under the same draft agreement the ~.vernment
most vitally concerned.
of Guatemala would, when requested, provide diplo-
40, In January 1966, the mediator had visited British matic representation for the Government of Belize,
Honduras and later Guatemala City. A group of citizens and would also be responsible for relations with
organized into a non-political body named CIVIC had international bodies. Furthermore, on the coming
tried to stage a demonstration so as to show the into effect of the agreement, Guatemala would assume
mediator that British Hondurans were against any joint responsibility for the Territory with the United
1719th meeting- 15 November 1967 253
Kingdom, and on the withdrawal of the United Kingdom, wished to point out that the people of his country were
Guatemala would assume defence responsibilities for ethnically, historically, culturally and linguistically
the country and would also have the rightto patrol the entirely different from Guatemala. It would seem
coast of British Honduras. An authority consisting of desirable for the United Kingdom to settle its disputes
three British Honduran ministers, three Guatemalan with Guatemala before British Honduras became
ministers and an independent chairman would ad- independent, but that should not be done at the expense
minister certain roads, ports and economic schemes. of British Honduras and its people. British Honduras
could not be truly independent unless it was consulted
44, The Opposition had naturally rejeded that plan
on all questions that concerned it, The dispute between
and, when newspapers in Trinidad and Jamaica had
the United Kingdom and Guatemala had arisen out of
published details of it, he (the speaker) had confirmed
article 7 of the Treaty of 1859, British Honduras had
them by publishing the thirteen proposals as he had
not been a ·party to that Treaty and the road which
noted them down from memory; the same proposals
Guatemala claimed Great Britain had not built, con-
were set forth in United Nations document A/AC.109/
trary to article 7, would not have passed through the
PET ,528. After their publication, it had been stated
Territory of British Honduras but would have linked
that they were a complete invention on his part, and
Guatemala City to the lakeside port of Izabal and,
the United Kingdom Government, the British Honduras
under the Treaty, its purpose had been to aid the
Government, the Guatemalan Government and the commerce of England and the material prosperity
United States Government had hastened to deny their
of Guatemala.
existence. There had even been talk of a prosecution
being brought against him under the Official Secrets 47. It seemed to him that the United Kingdom should
Act, although that idea had been quickly abandoned settle its dispute with Guatemala through monetary
when it had been realized that that would be tantamount compensation, or some other means, but not by grant-
to an admission that he had spoken the truth about the ing rights and concessions which would derogate from
proposals. the sovereignty of an independent British Honduras.
45. He would now deal with the latest development in Such a method of settlement, it might be noted, had
the story. In July 1967 another secret conference had been suggested by Mr. L. M. Bloomfield, an eminent
been held at the Foreign Office in London, between Canadian international lawyer, in his book entitled
Mr. George Brown, the United Kingdom Secretary of The British Honduras-Guatemala Dispute (Toronto,
State for Foreign Affairs, and Mr. Emilio Arenales the Carswell Company, Ltd,, 1953).
CataHin, the Foreign Minister of Guatemala, in spite 48. He repeated that it would be wrong for the United
of the fact that there were no diplomatic relations Kingdom, the United States and Guatemala to arrange
between the United Kingdom and Guatemala. The the future of British Honduras behind closed doors
British Honduras Government had not been invited without the consent of the people. That could only
because, according to a statement made at a public lead to the recolonization of British Honduras, as had
meeting by Mr. Price, the Premier of British Hon- been stated by Mr. C. P. Cacho, former Economic
duras, the Leader of the Opposition would also have Adviser to the Government of British Honduras, in
had to be invited. On 5 August 1967, two London news- the periodical New World Quarterly, 1967 (vol, III,
papers, the Daily Express and The Times, had pub- No. 3).
lished reports about a secret British plan, drawn up
under United States pressure, to "sell out" British 49. It had been suggested that after the United
Honduras to Guatemala. That plan was the same as Kingdom, the United States and Guatemalahaddecideq
the 1966 proposals and the 1957 plan, with some the future of British Honduras behind closed doors
variation in wording. It provided that the United the people of British Honduras would have a say about
Kingdom would quit the Territory under such condi- those decisions, but it was doubtful that they would be
tions as to leave British Honduras with a token given such an opportunity. Whenever the question of
independence that would, in reality, make it a Guate- relations with Guatemala had been raised nationally,
malan satellite. The newspaper revelations compelled the Government of British Honduras had expressed
the four Governments involved to make further public its opposition either subtly or openly, because it
denials. Representatives of the Foreign Office and the wished to keep the question on the level of party
Commonwealth Relations Office had arrived in British politics. The Opposition had been forced to assume
Honduras within three days after the publication of the main burden of resistance to Guatemalan inten-
the newspaper reports. They had assured the Premier tions, but it was handicapped in the matter of publicity.
and the Leader of the Opposition that nothing of the After years of debate, the National Assembly had
kind w:;ts contemplated by the United Kingdom Govern- decided six months previously to give the Opposition
ment. However, the fact that those two senior civil five minutes of radio time per month, to be paid for
servants had travelled under false names raised the at the current commercial rate, but even that tiny
question whether the action of the Government they concession had not been implemented. Recently, the
represented was really in good faith. Government of British Honduras had arranged for
the passage of legislation empowering it to declare
46. He asked what kind of independence British Hon-
illegal any gathering of five or more persons engaged
duras would receive under the "protection" and "eco-
in the discussion of a political matter, and the ques-
nomic control" of Guatemala, whose population was
4,5 million whereas that of British! Honduras was tion of relations with Guatemala was treated as a
political matter.
110,000, The Constitution of Guatemala claimed that
British Honduras was a "Department" of Guatemala 50, In summary, he requested on behalf of the people
and that that portion of the "national territory" was of British Honduras: (1) that the United Kingdom
illegally occupied by the United Kingdom, However, he should not seek to compensate Guatemala for any real
254 General Assembly - Twenty-second Session - Fourth Committee
or imagined breach of the 1859 Treaty by the grant Goldson, who could not legitimately claim to intervene
to Guatemala of any rights whatever over British as a petitioner in the process of decolonization en-
Honduras, and if any compensation was deemed neces- trusted as a sacred mission to the United Nations.
sary, it should be in the form of monetary compensa- 53. Furthermore, his delegation wished to reiterate
tion; (2) th:'ll: the United States should stop exerting its position that the Fourth Committee was not com-
economic, political or other pressure aimed at handing petent to consider a question relating to the national
British Honduras over to Guatemala as payment of unity and territorial integrity of Guatemala, to which
the "debt" incurred by the United States for permission the principle of self-determination wasnotapplicable,
to train anti-Castro forces in Guatemala, or for any as his delegation had observed before and as it had
other reason; (3) that the United Kingdom should demonstrated, with legal arguments, in its statement
make arrangements for the security of British Hon- in the Committee on 23 October (1699th meeting),
duras after independence in consultation with the when, notwithstanding those legal arguments, the Com-
political leaders of British Honduras and not with mittee had decided to hear Mr. Goldson. Mr. Goldson
the Government of Guatemala; and (4) that any eco- lacked the status of petitioner and the Committee
nomic treaties or arrangements between British Hon- lacked jurisdiction and competence to consider the
duras and neighbouring countries, including Guate- matter, As his delegation had stated in the Special
mala, should be negotiated by British Honduras after Committee on 30 August and reiterated in the Fourth
independence and not be imposed by the United Committee on 23 October, Guatemala maintained its
Kingdom and the United States in consultation with claim against the United Kingdom in connexion with
Guatemala, the territory in question and had reserved its rights
51, In addition, he requested the General Assembly on every occasion. In the present circumstances, it
to be good enough to place the question of the future was useful to recall that before signing the United
of British Honduras on its agenda; secondly, to send Nations Charter at San Francisco the Guatemalan
a commission to British Honduras to ensure that there delegation had entered an explicit reservation to the
were proper conditions for its accession to sovereignty effect that the Trusteeship System was not applicable
and independence; and lastly, to authorize the United to the Guatemalan territory of Belize, which was the
Nations to hold a referendum in which the population subject of a dispute. His delegation had also drawn
would be asked to choose between the following attention to the memorable circumstances surrounding
alternatives: integration into Guatemala or full the adoption of General Assembly resolution 1514
independence. (XV), reported in the verbatim record of the 947th
plenary meeting of the General Assembly, held on
The petitioners withdrew.
14 December 1960, during which, in connexion with
Mr. Tomeh (Syria) resumed the Chair. the vote on draft resolution A/L.323, the Guatemalan
representative had recorded the following reservation:
52, Mr. CASTILLO ARRIOLA (Guatemala) wished to
draw attention first of all to his country's unchanging "In supporting the draft resolution of the African-
anti-colonialist tradition, a tradition which since the Asian Powers [A/L.323 and Add.l-6], my delegation
had introduced the amendment contained in docu-
founding of the United Nations had taken the form
of a firm and determined struggle to end colonialism. ment A/L.325 to the effect that the principle of the
self-determination of peoples may in no case impair
There was no need to cite examples or to mention
the names of the representatives of Guatemala who the right of territorial integrity of any State or its
had followed that unswerving political line. The facts right to the recovery of territory. This reservation
were well known to the delegations which had par- seemed to be absolutely desirable since there are
ticipated for years .in the deliberations of the Fourth many territories disputed or claimed by other States
Committee, and the Committee's documents, together as an integral part of their respective countries
with the resolutions which Guatemala had submitted which are improperly held by colonial Powers, and
and voted for in the General Assembly, spoke for in such disputes the solution cannot run counter
themselves, Any number of countries represented in to the principle of self-determination, as that would
the Committee could bear that out. His country's infringe the other very important principle of a
actions in the matter had been in accordance with its country's territorial integrity.
principles, As in the earlier hearing that had taken "It is true that paragraph 6 of the resolution con-
place at the fl48th meeting of the Special Committee tains a positive statement to the effect that 'any
on 30 August 1967, his delegation had listened atten- attempt aimed at the partial or total disruption of
tively to the statement of Mr. Goldson, who had re- the national unity and the territorial integrity of a
quested to be heard by the Fourth Committee. Before country is incompatible with the purposes and prin-
making comments of another nature, however, he ciples of the Charter of the United Nations'. How-
wished to make a preliminary observation about ever, my delegation thought it appropriate to make
Mr. Goldson's status as a "petitioner", The Guatemalan its point of view clearer, as is set out in the amend-
delegation did not recognize that status, since peti- ments already mentioned. NevertheJess, my dele-
tioners enjoyed such status only by virtue of Ar- gation made no objection to withdrawing its amend-
ticle 87 b of the United Nations Charter and only in ments in view of the statements made by several of
relation to inhabitants of Trust Territories. Belize the sponsors in interpreting paragraph 6 and there-
was not a Trust Territory and therefore Mr. Goldson quest made by the representative of Indonesia, on the
lacked the attributes which he had invoked in order understanding that the rights it was seeking to safe-
to be heard by the Committee. The Guatemalan dele- guard would be duly protected by paragraph 6, • Y
gation accordingly wished to place on record its 1/ Official Records of the General Assembly, Fifteenth Session,
reservation concerning the hearing granted to Mr. Plenary Meetings, 947th meeting, paras. 63 and 64.
1719th meeting - 15 November 1967 255
54. The spirit and the letter of the resolution on the the historian Sir John Alder Burdon said that it was
granting of independence to colonial countries and still not possible to say anythingfi'lal about the settle-
peoples had been correctly interpreted on many occa- ment of Belize. The territory had been covered with
sions in the Fourth Committee and in the Special Com- Mayan villages, from Santa Rita Corozal, Chechkita
mittee, where during the consideration of the question and Kuaxuinic to Benque Viejo in the .south.
of Gibraltar, in the resolution adopted on 1 September
58. The main developments in the history of the
1967, the point of view traditionally supported by
ter.ritory were as follows.
Guatemala had prevailed: "Considering that any colo-
nial situation which partially or totally disrupts the 59. England's presence in Belize dated from the
national unity and the territorial integrity of a country treaties of 1783 and 1786, by which Spain had granted
is incompatible with the purposes and principles of it a "usufruct" authorizing British nationals to cut
the Charter of the United Nations and specifically with wood in an area situated between the Hondo and Sibun
paragraph 6 of General Assembly resolution 1514 (XV)" rivers and comprising about 6,000 square kilometres.
(A/6700/Rev.1, chap. X, para. 215). Recently, at the The treaties clearly showed that the cession had not
1568th plenary meeting of the General Assembly, the affected Spanish rights, since Spain had continued to
Minister for Foreign Affairs of Ecuador had stated exercise sovereignty over the area for which usufruct
on that subject: "The exercise of the right to self- had been granted.
determination cannot detract from respect for the
60. The hostilities which were later to break out
territorial integrity of States. Accordingly, this right between Spain and England had terminated with the
cannot be exercised by local minorities or by terri- signing of the peace treaty at Amiens in 1802, by
tories about whose ownership there are disputes of an which the conquered territories had been restored,
international nature."
with the exception of the islands of Trinidad in the
55. In short, the Guatemalan delegation, which was Caribbean and Ceylon in the Indian Ocean, which had
strongly anti-colonialist by tradition and inclination, remained under British sovereignty.
affirmed that the automatic and indiscriminate appli-
cation of the principle of self-determination would not 61. In 1814, the Treaty of Madrid was to confirm the
make it a panacea and, indeed, was incompatible with earlier treaties of 1783 and 1786 by maintaining the
respect for the sovereignty and territorial integrity usufruct granted to England and by keeping intact
of States; it categorically rejected any manceuvre Spain's sovereignty rights, which were the subject of
designed to undermine the purposes and principles an explicit reservation.
of the United Nations Charter and specifically any 62. England had on many occasions recognized and
manceuvre designed directly or indirectly to jeopardize respected Spanish sovereignty over the area for
the territorial integrity of Guatemala, within the which usufruct had been granted, as was proved by
meaning of Article 2, paragraph 4, of the Charter. instruments of undeniable legal value, whether they
56, His delegation had heard Mr. Goldson arbitrarily emanated from the various British Governments or
distort the historical facts about Belize for personal from Parliament. In 1817 and 1819, the British Parlia-
motives. While he had nointentionofgivinga complete ment had promulgated Acts on criminality in the colo-
history of Belize from its origins, based on the nies and on the illegal slave trade, On those two occa-
scholarly writings of universally recognized historians sions, it had stated that the settlement of Belize "was
and research workers -and the Fourth Committee was not within the territory and dominion of His Majesty
not the proper place for that-he felt it necessary and but was merely a settlement for certain purposes, in
useful to draw attention to some of the basic in- the possession and under the protection of His Majesty"
accuracies in Mr. Goldson's statement. (Basset Moore, vol. Ill, p. 156). The same opinion was
expressed by Sir John Alder Burdon, when he said
57. With the discovery of America, which had been
"Honduras (Belize) not being a British Colony" (Ar-
followed by the Spanish conquest and colonization,
chives of British Honduras, vol. II, p. 240). --
Belize-a geographical part of Central America-had
come under the domination of the Spanish Crown, 63. In 1817, Spanish and British agents had again
forming the captaincy-general of Guatemala, which been asked to examine on the spot the location of the
had extended from the Yucatan peninsula via Chiapas boundary markers, which had been inspected within
and Soconusco, the provinces of Central America, the limits of the concession granted by Spain in 1786.
to Panama. The Caribbean Sea had been a good centre
64. The year 1821 had seen the proclamation of the
for piracy and some buccaneers had taken advantage
independence of Central America, including the terri-
of the coastline of Belize to set up hiding-places and
tories of the former captaincy-general of Guatemala,
nests. Towards the middle of the seventeenth century
for which the usufruct had been granted. The rights of
the pirate Peter Wallace had been looking for a good
sovereignty had been transferred to it, as Spain's
spot for his exploits and his choice had fallen on the
heir, without restriction, in accordance with the prin-
Gulf of Honduras, near a waterway which was later to
ciple res inter alios acta. When the Federation had
bear his name (Wallace River), as was the land it
been broken up into five republics, each had kept the
watered, since it was to be called the settlement of
frontiers of the administrative districts which had
"Belize". The British Crown had not sanctioned those
existed in the former captaincy-general, under the
acts of piracy committed behind its back and by
principle uti possidetis. The part occupied by England
individuals. Consequently those who had arrived off
had remained within the geographical limits of the
the coast of the captaincy-general of Guatemala, to
State of Guatemala.
which Belize had legally belonged, had not been
British castaways, as Mr. Goldson said, or settlers 65. In 1835 and 1836, proof of recognition of Spain's
authorized by the British Government. Nevertheless, sovereignty had been provided by the fact that Mr.
256 General Assembly - Twer>ty-second Session - Fourth Committee
George Villiers (later Lord Clarendon and subse- and indeed be fruitless to describe those efforts in
quently British Secretary of State for Foreign Affairs), detail. However, it was worth noting that the United
then Minister Plenipotentiary of England to the Court Kingdom and Guatemala, since the Conference of
of Spain, had requested the Spanish Government to Puerto Rico in 1962, had sta~ed and recognized that
cede Spain's rights of sovereignty over Belize (see Belize was a territory in dispute and had agreed to
document 1, Reproduction of British Documents, settle the dispute by the peaceful means laid down in
annex 1). This request made by the British Minister Article 33 of the United Nations Charter, Several
on the instructions of his Government had been re- series of talks had taken place in Washington (1963),
jected by the Spanish Council of State after study Miami (1964) and London (1965), during which, thanks
(see document 2, Reproduction of BritishDocuments). to the good offices of the United States, the two parties,
The fact that the request had been made proved that the United Kingdom and Guatemala, had decided, in
England had not had rights of sovereignty; people did the presence of many inhabitants of Belize, headed by
not request the transfer of rights which they already Mr. George Price, who was assisted by Mr. Goldson,
possessed. to submit the historic dispute to mediation, a solution
which had the endorsement of the inhabitants of Belize.
66. In 1847, a trade and navigation treaty had been As stated in paragraph 3 of the working paper prepared
signed between Guatemala and Great Britain and on by the United Nations Secretariat on the dispute con-
that occasion the British negotiator, Mr. Chatfield, cerning sovereignty over the territory (A/AC.109/
had been informed that the instrument in no way L.394):
affected the rights of Guatemala to Belize and that
those rights, inherited from Spain, had invalidated "The Premier of British Honduras, Mr. George
the concessions which had been the subject of an Price, is reported to have informed the House of
agreement between Spain and England in 1786, Representatives on 29 October 1966 that mediation
67. In 1850, the parties to the Clayton-Bulwer would continue until such time as the mediator felt
Treaty, signed at Washington between the United able to formulate proposals which he hoped would
States and the United Kingdom, had undertaken not to prove acceptable to all parties to the dispute."
occupy, fortify, colonize or assume or exercise any The parties had decided to request the Government of
dominion over any part of Central America, the United States, an impartial Power friendly to both
68, In 1859 the Anglo -Guatemalan Convention relating countries, to act as mediator,
to boundaries was signed in Guatemala, .Actually, that
Convention concealed a cession of territory by Guate- 72. The United States Government had accepted the
mala in exchange for compensation provided in ar- role of mediator and a special court was set up to
ticle VII. The wording of that compensation clause deal with the international dispute. The Department
was somewhat ambiguous, but fortunately Guatemala of State instructed Ambassador Bethuel Webster, an
possessed the authentic interpretation of the Con- eminent legal authority, to deal with the matter and
vention provided by Mr. Wyke, the English negotiator the two parties each communicated to him their
himself, who, on the very day the Convention was respective terms of reference. Under those terms of
signed (30 April 1859), stated in his report that reference Mr. Webster worked diligently to achieve
England possessed no legal title and explained the formulre capable of settling the dispute, with due
compensatory nature of article VII (document No. 3, regard to the interests of the people of Belize, The
Reproduction of British Documents, annex 1). United Kingdom and Guatemala conformed to the
spirit of the United Nations Charter by collaborating
69, For more than a century, Guatemala had urged with the mediator and by negotiating the disputed
successive British Governments to respect the com- points in their respective cases. Those talks made
mitments entered into under the Convention of 1859, considerable progress. The meeting of Ministers of
but in vain. Inthefaceofsuchan attitude, the Congress Foreign Affairs of the United Kingdom and Guatemala,
of Guatemala confirmed, in Decree No. 224 of 9 April organized at the suggestion of the mediator, Mr.
1946, that the Convention was invalid. Webster, took place in London in July 1967, There
70. The former concessions granted by Spain to emerged from it agreement on numerous basic points,
England had expired on the day on which the inde- due account being taken, of course, of the interests of
pendence of Central America had been proclaimed. the people of Belize.
The Central American Republic had acceded to inde-
pendence, free of any obligations contracted by the 73. In view of the nature of the mediation and the
metropolitan country, in accordance with the basic constant negotiations on the viewpoints of each of the
principle of public international law, res inter alios parties, it was decided at the outset of the mediation
acta (see note by Mr. Marcy, United States Secretary that the result of the preliminary negotiations and the
of State, dated 26 July 1856, in W. R. Manning, Diplo- documents emerging from them would remain strictly
matic Correspondence of the United States: ~Iit'e'r confidential until the mediator submitted his proposals,
American Affairs, 1831-1860, vol. VII (Washington, For that reason, they were not made public and he
Carnegie Endowment for International Peace, 1936), could not communicate them to the Committee. For
pp. 146 and 147). the same reason, the documents quoted by Mr. Goldson,
and in particular those which according to Mr. Goldson
71. Obviously, the 1859 Convention did not put an end had been published by the Daily Express and The
t0 the territorial dispute/ over Belize between the Times, were spurious and had no authenticity what-
United Kingdom and Guatemala. For more than a soever. Similarly, any documents which Mr. Goldson
century, efforts were made to settle it in accordance said he possessed on the final plans for a treaty were
with international law. It would take too much time false and highly suspect,
1719th meeting- 15 November 1967 257
74. The United Kingdom and Guatemala, acting in 82. The independence of the new Central American
conformity with Article 2, paragraph 3, ofthe Charter, Republics, however, had been followed by a situation
which stipulated that the Members of the United Na- of political instability, of which the United Kingdom
tions should settle their international disputes by had taken advantage in order to penetrate into areas
peaceful means in such a manner that international which under the treaties signed before independence
peace and security, and justice, were not endangered, had been indisputably subject to the sovereignty ofthe
had voluntarily submitted their historical dispute to Spanish Crown. The policy followed by the United
mediation. However, Guatemala felt that, since the Kingdom with regard to Belize was comparabletothat
question concerned its sovereignty, the United Nations, which had led to the annexation of former Spanish
in conformity with Article 2, paragraph 7, of the territories in other parts of the world, such as
Charter, could not intervene at present, because the Gibraltar and the Falkland Islands (Malvinas). As
question without any doubt came essentially within early as 1816, the United Kingdom had tried to get
the domestic jurisdiction of Guatemala. control of Belize by placing the Mosquito Indians who
lived in the area under its protection and proclaiming
75. For all those historical and legal reasons, his a chief of the tribe whom it had given the name of
Government formally requested the Committee not to George Frederick "King of the Mosquito Coast and
comply with the request of Mr. Goldson. To act Nation". There had indeed been a "Mosquito Coast",
otherwise would be to violate' the fundamental prin- but it had never been politically separate from the
ciples of the United Nations Charter and might also rest of Central America. Later, George Frederick's
have unfavourable consequences for the mediation by successor, Roberto Charles Frederick, appointed
which the parties were trying to settle the dispute Alexander MacDonald before his death as Regent of
in a manner satisfactory to them both and to promote the Mosquito Nation and the United Kingdom had
the well-being of the people of Belize. strengthened its protectorate, not without extending
76. His delegation expressed once again formally the frontiers of the territory. Lord Palmerston had
and explicitly its reservations concerning its legiti- stated at the time that the Mosquito Kingdom would
mate territorial rights to Belize. be recognized as an independent State under United
Kingdom protection. The Wyke-Aycinena Treaty,
77. Mr. MALECELA (United Republic of Tanzania), signed on 19 April1859, had recognized part of Belize
speaking on a point of order, said that at the 1718th as United Kingdom territory, but on the express condi-
meeting it had been agreed that the Committee, after tion that the United Kingdom build a road linking Guate-
hearing Mr. Goldson, would not hear statements by its mala City to the Atlantic. Since that condition had
members on the question of British Honduras until it never been fulfilled, the Treaty could be considered
took up the relevant item of its agenda. null and void, Shortly afterwards, on 28 November
1859, the Wyke-Cruz Treaty had established full
78. Mr. MOLINA URENA (Dominican Republic), Honduran sovereignty over the area occupied by the
speaking on a point of order, requested, in view of Mosquito Indians in Honduran territory and, on
the importance of the question under study and the 28 January 1860, Great Britain had signed the Wyke-
significance it might have for the subsequent work of Zeled6n Treaty with the Government of Nicaragua,
the Committee, that the statement made by the repre- which had established Nicaraguan sovereignty over
sentative of Guatemala should be reproduced in extenso the area occupied by the Mosquito Indians within that
in the summary record. country's territory.
79. The CHAIRMAN said that if there was no objection, 83. In general, the historical and legal background
the statement by the representative of Guatemala to the occupation of Belize by the United Kingdom
would be reproduced in full in the summary record of showed that its claim to the country was invalid. Belize
the meeting. was quite obviously an integral part of Central
It was so decided. America. As the representative of Guatemala had
already pointed out, 40 per cent ofthepopulation were
80. The CHAIRMAN said that although the Committee of Mayan Indian origin.
should adhere to what had been agreed at the previous
84. The petitioner had complained that the attempt at
meeting, as Mr. Malecela had asked, he wished to
give the floor to the representative of Honduras, mediation at present in progress was being conducted
in secret and that the people of the territory were
because the item was of direct interest to his country.
not being consulted. But it was only to be expected
81. Mr. LOPEZ VILLAMIL (Honduras) said that the that an attempt at mediation should be handled dis-
validity of Guatemala's claims to Belize was obvious creetly and that the proceedings should not be made
if one considered the historical context in which the public until some result had been achieved.
United Kingdom had penetrated into Central America. 85. In conclusion, he stated that on the question of
Historically, Central America was a whole shaped by Belize his country fully shared the views of Guatemala.
Spanish civilization, which had been introduced into
the area in the sixteenth century. That Spanish civili- 86. Mr. LUARD (United Kingdom), speaking in exer-
zation, itself the result of very varied influences, had cise of his right of reply, stated that contrary to what
been characterized by a progressive and universalist the representative of Guatemala had said, his Govern-
outlook, hostile to any racial or ideological discrimi- ment considered that its sovereignty over British
nation. For example, slavery had been abolished in Honduras could not be questioned, since it had been
that part of the world in 1824, well before it had been established by treaties signed a century before.
abolished in the United States, Russia and many other Mr. Goldson, whom the Committee had heard earlier
countries. in the meeting, had mentioned the fact that the United
258 General Assembly - Twenty-second Session - Fourth Committee
Kingdom had proposed to Guatemala that they should 93. Mexico's position on the matter was based on
submit the matter for arbitration to the International respect for the existing treaties, without prejudice to
Court of Justice and that Guatemala had declined the the principle of self-determination of peoples.
offer.
94. It had been his impression that what the Com-
87. After consulting the representatives of the mittee had decided at the previous meeting in con-
people, the United Kingdom had initiated an attempt at nexion with the question of Belize was that it would
mediation, which was at present in progress. The confine itself for the time being to hearing the peti-
lengthy discussion taking place in the Committee tioner. Accordingly, he had done no more than state
therefore seemed a little out of place, as the repre- Mexico's general position very briefly, so that it might
sentative of Guatemala had himself recognized, be duly taken into account.
88. The petitioner, Mr. Goldson, had said that the
people of British Honduras were not consulted enough Requests for hearings (continued)
about their future. The United Kingdom rejected that
REQUEST FROM THE REPRESENTATIVE OF THE
assertion, because there had in fact been constant
STUDENT NONVIOLENT COORDINATING COM-
consultations and quite recently the Prime Minister
MITTEE (AGENDA ITEM 24)
of British Honduras had undertaken to ask the people
to make known their views on the results of the 95. The CHAIRMAN said that he had received a
mediation. letter dated 13 November 1967 from the Chairman
of the Special Political Committee transmitting a
89. The United Kingdom was now ready to grant
letter of 2 November 1967 from Mr. James Forman
independence to British Honduras, Transfer of the
of the International Affairs Commission of the Student
Territory to Guatemala had not been contemplated at
Nonviolent Coordinating Committee (SNCC), In the
the Constitutional Conference held in 1963 in order to
letter Mr. Forman asked for a hearing concerning
decide the future of the Territory and nothing had
agenda item 24 ("Activities of foreign economic and
changed since in that respect. At all events, the future
other interests which are impeding the implementa-
of British Honduras depended on the wishes of the
tion of the Declaration on the Granting oflndependence
people and not on historical or legal considerations.
to Colonial Countries and Peoples in Southern Rho-
90. Mr. DEBRAH (Ghana), supported by Mr. NKAMA desia, South West Africa and Territories under Por-
(Zambia), suggested that the discussion on the ques- tuguese domination and in all other Territories under
tion of British Honduras should be suspended and colonial domination and efforts to eliminate colo-
resumed when the Committee took up the relevant item nialism, apartheid and racial discrimination in
on its agenda. southern Africa"), as the representative of a non-
governmental organization and a participant in the
91. The CHAIRMAN said that he accepted the Ghanaian
International Seminar on Apartheid, Racial Discrimi-
representative's suggestion, which was in line with
nation and Colonialism in Southern Africa, held at
what the Committee had agreed at its 1718th meeting,
Kitwe, Zambia.
but that he wished nevertheless to give the floor to the
representative of Mexico, since his country was a party 96. He proposed that the letter from the Chairman
to the dispute. of the Special Political Committee and the enclosed
letter from Mr. Forman should be circulated as a
92, Mr. PEON DEL VALLE (Mexico) said that his
Co.mmittee documentY and that Mr. Forman's request
country was not a party to the bilateral dispute
for a hearing should be considered at the next meeting.
between Guatemala and the United Kingdom. He
The petitioner had stated that he would be prepared
wished to make it clear that as soon as it had con-
to make his statement before the Committee at any
sidered it necessary to do so, Mexico had reserved
time convenient to it.
its historical and legal rights to the Territory of
Belize. Its reservations were to be found in documents The meeting rose at 6. 35 p.m.
of the United Nations and of the Organization of
American States. lJ Subsequently circulated as document AfC.4f699.