"The Webster Proposals'' Published in Belize oil 29 April 1968.

Draft Treatv between the United Kingdom of Great Britain and Northern Ireland and the

Republic of Guatemala .relatin2 to the resolution of the dispute over

British Honduras (Belize)

Her Majesty The Queen of the United Kingdon1 of Great Britain and Northern Ireland and of ·Her other Realms and Territories, Head of the Commonwealth. and The President ofthe Repub1ic of Guatemala:

A1indfz.d of the request made by Her Britannic Majesty~s

Governn1cnt in the United Kingdom and the Governn1ent of the Republic of Guatemala to the Goverrunent of the United States of A1netica to mediate in the dispute over British Honduras (Belize) and to formulate suggestions on the basis of which the Government of the United Kingdom and the Government of the Guaten1ala tnight be able to arrive at a final resolution of the dispute~

Taking j\fote, \.Vith appreciation~ of the suggestions which have been conveyed by the Governn1ent of the United States of America through its representative, 1-\n1bassador Bethuel M. \Vebster~

Reqffirming their desire to strengthen the friendly relations between the peoples and Governments of the United Kingdom and Guatetnala~

Recognizing the comn1on interests of the people of British Honduras (Belize), the people of Guateinala, and the other peoples of Central An1erica, and desiring to increase the ties of friendship betvvccn the people of British I-:londuras (Belize) and the people of Guatcn1ala:

F'unher recugni.:;ingthat peaceful settleJnent ofthc dispute . which for tTmny years has unfortunately han11ed the relations of tl1e t'nited Kingdon1 and Guaternala. is desirable for the successful develoornent of and the sccuritv of the area concerned: l. - - - -. - . ~ - -

Desiring 10 achieve the resolution of the dispute in such a \Vav

that the position and riehts of both ll igh Contractinu Parties are -" 4 - ....____ .._.......

reconciled \\·itll the interests and aspirations of the people of British 1-Ionduras (Belize). and in such a Vv'ay that the relationship of British Honduras (Belize) \Vith Gu::1tetnaJa. and consequently. in the near future. \Vith Central r\n1erica, is constructively resolved:

[Ja\·e decided to conclude this Treaty and have appointed as their Plenipotentjaries for this purpose~

Her :LvJajest;· the f,.2ueen of the United Kingdon1 of Great Britain and 1\ ortllern Ireland and of Her other Realn1s and Territories.

l--:Iead ofthe Con1n1on\vealth:

The President of the Republic of Ciuaten1ala:

\Vho. having con1n1unicated to each other their respective full po\vers. \\hich \vere found in good and due f()rnl. have agreed as fo llo\VS:

1-\llTICLE 1

{ 1) ·rhc territon' heretofore rcferTed to by t--Ier Britannic \•fajesty as British Ilonduras shall be knc)\vn as Belize after the appointed date n1entioncd in paragraph ( 2) of this i\rticle and shall hereafter in this Treat\· be referred to c.1s Be Lizc.

(:2) On a date hereinafter referred to as ·"the appointed date:· "vhich shall not be later than Decen1ber 31 ~ 1970. the Governn1ent of the tJnited Kinfldom shall grant to .._., ,.,....

Belize its independence from the United Kingdon1 and shall transfer to Belize supren1e authority in respect of Belize. Thereafter sole responsibility for~ and . the right to exercise. all and any pO\Vers. both internal and externaL of governn1ent. adn1inistration. legislation. and jurisdiction shall vest in Belize.

(3) The exercise of the authority described in paragraph (2) shall be consistent with the international obligations of Belize including the treaties under vvhich 1t has assun1ed such obligations. The Govern1nent of the tJnited Kingdorn shall take n1easures to secure that Belize~ on the appointed date. accedes to this Treaty. thereby assun1ing the obligations, responsibilities, rights and benefits under this Treaty 'Yvhich app1y to Belize.

ARTICLE 2

(1) Using one or more transit routes~ the products of Guatetnala n1ay be exported. and any goods destined to Guaternala rnay be in1portecL through Belize \Vithout Belize imposing tarifis, duties~ taxes~ or an:yr other restrictions of that nature. Nothing shall be done to itnpose restrictions upon the proper use of the transit routes. ,'\ transit route 1s hereby established along the roads indjcated in the Annex to this Treaty leading fron1 Belize City and Stann Creek T'-nvn to l'VIelchor de fviencos. Other transit routes n1ay be established by decision of the ;\uthority established under • .:\.riicle 9 of this Trcatv.

(2) The products of Belize 111ay be exportec-L and any goods destined to Belize n1ay be in1portecL through Guaten1ala

(1)

(2)

\Vithour Cuaten1ala in1posing tariff~-< duties . taxes . or any ()1her restrictions of that nature .

1\.llTlCLE 3

/\. reas \Vith!n the oorts of Belize Citv and CoinJnerce J. •

Bight. as agreed bctvveen Belize and G·uaten1ala, shall be set aside as du.ty·-free ports for the use of (]uaten1ala under the control of the authority established under Article 9 of this 1'reaty. BelJze and Guaten1ala n1.ay agree to establish other duty-free port areas to be under the control of the Authoritv . •.

By duty-free port is 111eant, for the purpose of this ,;.-\rticle. a place to \'lhich rnerchant vessels of all States shall be allo'\.:ved unrestricted access (\vi thin the limits of the facilities available) for loading of goods fron1 . and unloading of goods destined for~ Guaten1ala. The in1portat1on of such goods into~ their export frorn~

transit through~ or \Vithin the duty-hee port shall be free frorn anv oavn1ent of duties or taxes_ but not charges ,.... I --' .._

reasonably ]evicd for services rendered. ()pcrations necessary for the preservation. sale. shipn1ent or disposal of such goods shall be pern1itted vvithin the area of the duty·-free po1i, but nothing in this A.rticle shall attthorize the n1anufacture of goods -vvithin that area. \-vithout pern1 issi on of the Governn1cnt of Belize .

·rhe Ciovernrnent of Guaten1ala shalL at the request of the Ciovernn1cnt of Belize. n1ake available duty-free port areas in Guaternala. as agreed benveen Belize and Ciuaten1ala. for the loading of goods fron1, and unloading of good3 destined for. Belize.

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ARTICLE 4

Subject to reuulation bv the 1\uthoritv established under ... ~ ~ ..

Artie le 9 of this Trcatv. Belizeans and Guatcn1alans nla\ ~ ~

travel freely benveen and w·ithin Belize and Guaternala \Vithout presentation of docurnents other than \·alid identification docun1ents issued (a) in the case of Guaten1alans. by the authorities of

Guatemala; or (b) in the case ofBelizeans~ bythe authorities of Belize:

or (c) in the case of Belizeans or Ciuaten1alans, by the

1\uthority estabJ ished under Article 9 of this Treaty. pursuant to regulations to be fonnulated b:y the appropriate authorities of Belize and Guaten1a1a.

(2) Belizeans shall be accorded in Guatemala the sarne treat1nentthat is accorded Guaten1alans, and Guaternalans shall be accorded in Belize the san1e treatn1ent that is accorded Belizeans. \V1th respect to the protection and security of the follo\ving personal and property rights: (a)

(b)

(c)

(d)

(e)

access to courts of justice and to adn1inistrative tribunals and agencies. both in pursuit and defense of their rights; engaging in con11nerciaL industriaL financial and other activities for gain, subject to local labor legislation, and scientific. educationaL reI igious and philanthropic activities; acquiring and disposing of propert:y. including testate and intestate succession~ obtainintr and n1aintaininu. }Jatents of invention.

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rights in traden1ark. trade narnes, and trade labels~ the assu1nption of undenaki ngs for. and the rnaking o[ payn1ents. re1nittances and transfers of n1oneys and financial interests.

(3) The Governn1ent of Belize and the Governn1ent of Guaten1ala sha1l conclude arrangen1ents to secure the return to the one from the other of persons accused or convicted of crin1inal offenses.

(4) This Article does not affect rights of Belize or (Juateinala to deport from their territories undesirable persons.

ARTICLES

The transportation and con1rnunication facilitiesofBelize and Ciuaten1ala shall~ insofar as they involve cooperation bet\veen Belize and Guaten1ala, be i1nproved and coordinated as soon as practicable and~ \vhere feasible, integrated~ by 1neans to be detern1ined by the Authority established under Article 9 of this Treatv. The Authoritv

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shall~ as soon as it is established, take steps to achieve this objective. These steps shall include provision by the Authority for the construction or improven1ent of a road \Vhich shall provide an effective link bet-vveen Belize and Guaternala. The Ciovern1nent of the United Kingdon1 shall, through its contribution to the fi.1nds of the i\uthority pursuant to .t\rticie 9 of this Treaty, assist in that endeavour.

AJ{TICLE 6

(1) Educational degrees, certificates and diplcnnas recognized in Belize shall in Guaten1ala be accorded the san1e significance as~ and shall be recognized as evidence of achievement in the san1e n1anner as~ those of Guatemala of equi<.'alent ]eve]: and educational degrees. certificates and diplotnas recognized in CJuaten1ala shall in Belize be accorded the san1e significance as, and shall be recognized as e·vidence of achie"·en1ent in the san1e n1anner as. those

(? -)

(3)

of Be I ize of equivalent leveL Degrees~ cet1ificates or diplo1nas granted outside Belize or Guatemala shall be excluded fron1 the provisions of this Artie] e.

The Authority established under Article 9 of this Treaty shall organize educational exchange programs under w·hich students fron1 Belize may study at, and receive valid degrees and diplon1as fron1~ Guatemalan educational institutions and under \vhich Guatemalan students mav

" study at, and receive valid degrees and diplomas from, Belizean educational institutions.

Exchanges in the cultural field shall also be arranged by the aforementioned Authority·;

ARTICLE7

(I) BeJ ize and Guatemala undertake~ through the Authority established under Article 9 of this Treaty, to cooperate in fu11hering the exchange and use of scientific and technical knovvledge, particularly in the interests of increasing productivity and ilnproving standards of living within their respective territories.

(2) Studies and programs relating to cultural and scientific resources of mutua] interest and to land use and soil i1nproven1enL watershed management and protection: \Vi ldl i fe protection, and nutrition and health of Belize and of Guaten1ala shall be initiated, and thereafter regulations relating thereto shall be promulgated, under the supervision of the Authority established under Artic]e 9 of this Treatv.

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r-\H.-l'lC'LE 8

(1) Belizean vehicles of all types , for land, \Vater and a1r

transport. n1ay· enter into, and travel in. Guaten1ala s ul?j ect to no greater restrictions and conditions than those in1posed on vehicles of Ciuaten1ala: and Guaten1alan vehicles of all types, for land, \Vater and air transport. rnay enter into. and travel i n~ Belize subject to no greater restrictions and conditions than vehicles of Belize. Vehicles of Belize traveling in Guaten1ala shall not be required to be licensed or registered in Cruaten1ala, and vehicles of CJ-uaten1ala traveling in Belize shall not he required to be lic.ensed.or registered in Belize.

(2) Paragraph ( 1) of this A.rticle: (a) does not pertain to the travel of n1illtary· vehicles

of any type; (b) does not authorize Belizean or Cruaten1alan

vehicles of any type to engage in the schedule carriage by air or othen:v-ise of persons of goods for re1nuneration or hire , \vhether such carriage is solely .. bet\veen points in tl}c territories of Belize or Guaten1ala~ or originates at or continues to one or n1ore points outside either of those territories . 1-\ft:er the appointed date such carriage shall be re~ulated bv the Authorit\.: established under

~ J J

;\rticle 9 of this Treatv, althou~h the neQotiation ~ - ~ ~

and grant of air traf6c or air transit rights and all rnatters appe11aining thereto shall rcrnain a 1natter to be settled betvv·een the Ciovcrnn1ent of Beli ze and the Governn1ent of Ciuaten1ala.

l\RTICLE 9

( I) ·rhe (iovenlll1Cllt of Belize and the Cioverntne nt 0 r (j uatcnlala shall establish an /\uthority· for the purpose or

perfonning the functions conferred upon the ;\uthority in Articles 2 throtu~h 8 of thi s Treatv. and shall take all

~ ~ . n1easures. including the enacttnent of legislation. as 1nay be necessary to ensure the proper functioning and adn1inistration of the Authority.

(2) The Authority shall consist of seven Men1bers. Within 30 days of the entry into force of this Treaty~ the Govemn1ent of Belize and the Governn1ent of Guatemala shall each appoint three Mernbers, al1 of Ministerial rank. Within 45 days ofthe end of that period~ the Men1bers so appointed shall appoint a person of internationa] prominence as the seventh I\1en1ber. V•lho \Vill serve as Chairman. If the Men1bers are unable to appoint a seventh fv1ember \Vithin the period referred to. they shall request the Governrnent of the United States to make such an appointment.

(3) 'rhe i\uthority shall have the povvers necessary to enable it to perfon11 its functions, and~ in addition to any other pO\·Vers expressly provided in the present Treaty', the Authority shall ha'.·-c the povver to:

(a) initiate and perforn1 or supervise studies necessary to the perforn1ance of its functions;

(b) to protnulgate such regulations and issue such directives as n1av be necessarv for the Authoritv

~ J ~

to perforn1 its functions or for the inte[nal ad111inistration of the Authority ~s atTairs;

(c) take such action to enforce the regulations and directives referred to in paragraph (3) (b) of this A.rticle as 1nav be both nccessarv and consistent

~ ~'

\Vith the lav,;s \Vhere such enforcen1ent takes place:

(d} take steps to obtain technical assistance and external financial support in order to enable it to fornndate and to carry out its plans in connection \Vtth the exercise of its functions:

(e) levy reasonable fees and charges for scJTJccs perforn1cd by it in the exercise of its functions:

(f) suggest legislation that 111ay be necessar_y in Belize or (juate1nala for the perforrnance of its functions: and

(g) pcrfon11 other acts \vhich it n1ay· be authorized to perforn1 by both the Ciovcrnn1ent of Belize ar1d

the (.Jovernrnent of CJ-uaten1ala.

(4) Decisions of the Authority· shall be taken by a 1najority of the three I\1en1bers appointed by· the Goven1n1ent of Belize and the three IVfen1bers appointed by the C1overnn1ent of Guatetnala. In the event of their votes being equally divided the Cbain11an shall have a casting vote.

(5) The Chairman shall be a full-tin1e servant of the .. ~uthority.

( 6) -rJ.1e seat of the i\utbority shall be Belize City, but tbe i\uthority n1a,;.' establish other offices at convenient locations.

(7) The CJovern111ent of Belize and the C1overnn1ent o 1

Guate1nala shall by agreen1entfix the tern1s ofen1 ployn1ent and salaries of the rv1en1bers of the /\.utbority.

The Authoritv n1av recruit such statl and acouire such .,., .,.. .l

facilities as are necessarv for it to fulfill its functions. Its . ~

adn1inistn;tiv·e expenses shall be covered by Belize and Ciuaten1ala in proportion to their budgetary· resources.

!9) Subject to the provisions of paragraph (1 0) of this Article, the United Kingdom shall pay to the f\uthority, to assist it to perfonn its functions under this Treat:y', and in such installn1ents and at such tin1es as the Authorit::· rnav need_

( i} the slcrl i ng equivalent of United States dollars 4.000.000: and

(ii) the balance, if an:< of the sun1 referred to in paragraph (4) of 1\rticle (10) of the Treaty. \Vhich 1nay be unexpended on the appointed date.

( 1 0) Thepayments1nade hy the lJnited Kingdo1n in accordance \Vi th the provisions of paragraph (9) of this .t-\.rtic le and of paragraph (4) of 1\rticle ( 1 0) shall nor exceed in total in any one year the sterling equivalent of LJnited States dollars 1 ~200.000. For the purpose of this paragraph. each year shaJl be deetned to comn1ence on the san1e day and the san1e n1onth as those on \vhich this Treaty enters jnto t<.-,rcc. Except as provided in this .-'\rticle, the United Kingdon1 shall have no objection to pay any· sun1 to the A.uthority.

ARTIC~LE 10

( 1) \\lith a vie\v to developing and strengthening the agricultural, industrial and con1n1ercial actrvJties of Belize and of Ciuaten1ala, and to pern1itting the association of Belize \Vith the econon1ic integration of Central ;\nlerica and ulti1nately \vith the broader econotnic integratio11 of the Hen1isphere. the Ciovcrnn1ent of the l.Jnited Kingdon1 shall undertake studies relating to the participation of Belize in the ]nstitutions and treaties of the Central An1erican econon1ic con1n1unity.

(·). -) At such tin1e as Belize should decide to join the

Central ;\rnerica.n Con1rnon ~v1arkeL the C1oven1n1ent of the United Kingdon1 shall arrange to continue for a transitional per1od (envisaged as b~ing not kss than ten vears after .JOlntng the Central An1c-rican

Con11non Market) to accord the pr1n1ary produce of Belize~ vvhen in1ported into the lJnited · Kingdotn~ tariff treatinent which is no less favourable than that accorded to such products vvhich are the prodttce of other Conll110l1VY'ealth countries, insofar as those countries receive that treattnent by virtue solely of their men1bership of the Coininonvvealth Preference Area. Belize for its part shall give sympathetic consideration to the continuance of preferential tariff arrangements during the satne period for goods from the United Kingdom when i1nported into Belize.

(3) Guaten1ala shall use its good offices vvith the other countries of Central An1erica to secure the acceptance of Belize in the various institutions and treaties of the Central American conununity.

(4) Should the Governn1ent of Belize, with the agreement of the Govemn1ent ofthe lJnited .Kingdon1~ enter, before the appointed date, into one or tnore of the institutions of the con1n1unity referred to in paragraph (1) of this Article~ the Government of the United Kingdon1 shall pay to the Governn1ent of Belize such su1ns. not exceeding in total the sterling equivalent of lJnited States dollars 1 ~000~000 and subject to paragraph (1 0) of A11icle 9 of this Treaty. as it 1nay need to enable any financial obligations to be discharged \vhich it incurs on such entry and which co1ne due before the appointed elate.

ARTICLE 11

( 1) Docun1ents of all types issued in Ciuaten1ala shall not require authentication for acceptance by the courts or ad111inistrative authorities or agencies of Belize, and docu1nents of all types duly issued in Belize shall not

') (.:..

require authentication for acceptance by the couns or adn1inistrative authorities or aQencies of G·uaten1ala. c

The foregoing does not affect the probative efficacy of the doctnnents _

The authorities and courts of GuateiDala shalL at the request of the courts ofBelize. render judicial assistanc e in cases pending before the courts of Belize~ and the authorities and courts of Belize shall~ at the request of the courts of Guaten1ala, render judicial assistance 111

cases pending bet(Jre the courts of Guaten1ala.

A.H.TICLE12

The e1uthorities of Belize and Guaten1ala shall consult and cooperate in the use of police resources in n1.atters of internal security of n1utual interest affecting Belize and CJ-uaten1ala.

A .. H.TICL[j~ 13

( J) In the fornullation and conduct of their foreign policies~

the Cl-overnn1ent of Belize and the Governn1ent of Guaten1ala shall consult and cooperate on such 111at1ers of external aJTairs of n1utual concern as n1ay be raised b): either the Governn1ent of Belize or the Governrnent of Guate111ala.

(2) /dter the appointed date, the Governrnent of Guaternala shall aiiord assistance to the C:rovernn1ent of Belize in the conduct of its international relations. In particular. \\"hen requested. the C3overnJnent of Guaten1ala shall:

(a) act as the channel for con1n1tmications benv\?en the Governn1cnt of Belize and other governn1ents ar1d internationa1 organizations:

(b) undertake the rcnrcsentation of the CiovcTnn1er1t '

of Belize at any international conference at ·which Belize is cntjtled to be repre sented:

(c) suppl;.· the Crovernn1cntofBelize \Vith inforrnation concernin~ international affairs: .._

(d) undertake the diplon1atic protection of nationals of Belize in other countries and perfonTi consular functions on their behalf.

(3) Before the appointed date. the C1overnn1ent o f the United Kinc.don1 and the Governn1ent of C.Tuaternala

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(4 )

(}' ' )

shall consult on rnatters of 1nutual concern affecting the foreign affairs ofthe Central i\Iner]ca area .

. After the accession of Belize to this Treatv. 1he ~·

Cl- (rven.1n1ent shalJ support the entry of Belize into the Central1--\n1erican con11nunit)' and 1 nto the Inter- /\n1crican con1n1unit;.- and in particular into the ()rganization of CentraJ A.rnerican States. the Organization of.A.rncrican States. and the Inter-An1erican Dcvelopn1ent Bank.

c-'\RTIC:LE 14

J\fter the appointed date, the ()o\'ernnJent of Belize and the Governn1ent of CiuatenHila shall conclude arrangernents concerning n1atters of external defense of n1utual concern to Belize and Guaten1ula. These rnatters shall include:

(a) \!leasures considered necessary for the defense of the approaches to Belize .

(h) Consultation and coordination in case of anv external threat to the security of Belize.

(c) The use of port facilities in Belize for repair. refueling. victualing and n1air1tenance of those C:Juaternalan naval unns \vhich have been

( '). _)

requested to assist the security forces of Belize in the external defense of Beljze. ·

The Governn1ent of Belize and the Governn1ent of Guaten1ala shall establish a Joint Consultative Co1nmittee \vhich shall rneet regularly to cons ider those n1atters of external defense governed bv the ....... .. arrangements referred to in Paragraph ( 1 ).

{3) The defense of Belize should be handled \vithin the fi:ame\vork ofthe Inter-l\merican Treat~y of Reciprocal Assistance signed at Rio de Janeiro on Septen1ber 2~ 194 7, to which Belize should becorne a party, to the end that Belize \ivould not need to conclude bilateral defense arrange1nents with other countrjes.

ARTICLE 15

Any dispute as to the application and interpretation of this Treaty shall be settled by negotiation~ enquiry, good offices , n1ediation~ conciliation, arbitration, judicial settlc1ncnt. resort to regional agencies or arrangen1ents. or other peaceful n1eans of the parties· choice .

..ARTICLE 16

In vie\\. of the foreQoing, the United Kinudon1 and Guatetnala ......... ~ ~ ._

aff1rn1 that their dispute over Belize has been honorably: and finally resolved and accordingly that the n1ediation by the Ciovcrnrnent of the ·united States is concluded.

.ARTICLE 17

This Treaty shall be ratit1ed and the instrunJ.ents of ratification shall be exchanged at Washington, D.C ., as soon as possible. It shall enter into force on the date of exchange of the instruments of ratification, provided that ir the Governtnent of the lJnhed Kingdon\ does not secure, in accordance with Article I (3) of this Treaty~ the accession of Belize~ this Treaty shall be deen1ed to have no force and effect and the Parties shall be relieved of all obligations hereunder.

IN WITNESS WIIEREOF, the above-n1entioned Plenipoten­tiaries have signed this Treaty and affixed thereto their seals.

DONE in duplicate at \Vashington~ D.C.~ this day of , 1 96 , in the Spanish and English languages, both equally authentic.

F()R liER BRITANNIC I\1AJESTY:

FOR THE PRESIDENT OF THE REPUBLIC OF GUATEMALA.:

(Gazette Extraordinary, ;Vo. 19, 29 April 1968)