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Elrington Rejects Guatemalan Law
posted (December 22, 2016)
Last night, we showed you that controversial fisheries law from Guatemala. It claims Belizean territorial waters off the coast of the Toledo District, starting from Punta Gorda Town, all the way to Guatemala's Punta Cocolí. According to this regulation, any Guatemalan fisherman who fishes off the coast of Belize in this area, is doing so legally. Of course, according to Belizean law, that is completely illegal.

Well, we've been doing a bit of checks, and it turns out that the regulation is not new. In fact, it was passed into Guatemalan law back in 2002. That's right; more 14 years ago. Yet, it is the first time that Belizeans are seeing it. Even the BDF General had no knowledge of it. But, make no mistake, it's there, and seen on this map, the portion highlighted in red, says that all of this area, including the Sarstoon River, makes up part of Zone 1 of their fisheries regulations.

So, did the Belize Government know about it, and if yes, have they disputed it in the form of a diplomatic note of protest? That's what we asked Foreign Affairs Minister Wilfred Elrington this evening. He said, that it was during the PUP's Godfrey Smith's time as Foreign Minister, and if they followed the established protocol, Belize would definitely have contested it with a diplomatic note of protest:

Hon. Wilfred Elrington
"Fortunately I was asked about it yesterday evening and I had the opportunity of speaking to Ambassadors on it this morning and Alexis from Guatemala informed me that it was legislation. It was passed in 2002 and it think the map or the plan or whatever it is that people have seen a long when it was elaborated in 2005. At that time the foreign minister was Godfrey Smith and People's United Party were in office. They have not yet been able to inform me as to whether or not a protest note would have been sent or was sent. I would want to think so because in those days we were having difficulty with the Guatemalans in a number of fronts and I know that there were quite a lot of diplomatic to and fro, back and forwards with it. so I'm pretty certain that they would have sent protest notes at that time but my people are in fact double checking to verify whether we have in fact done so but the important thing to note really is that - not withstanding what they have put out in 2002-2005 that area that is designated on the map area which was used almost exclusively by Belizeans fisher folks and other pleasure seekers who utilize the seas. It's not an area that is all dominated by Guatemalans and the Guatemalans have respected our right to be here. it wasn't something that I was aware of but when I saw it and when I checked it was something that was dealt with or certain that came to the attention of our government or as early as 2002-2005."

Elrington told us that officials at the Ministry of Foreign Affairs will check their records to determine whether Belize did know of the legislation, and if the Minister at the time sent a protest note.

Godfrey Smith, today confirmed that he had not seen the regulations until today. We have checked with other PUP Foreign Ministers who've served over the years after Smith, and before Elrington, but none of them have responded to our request for comment. But, for Elrington, the existence of the law, among other things, only serves to convince him further that the sooner the Referendum is held the better. He told us that Belizeans shouldn't realistically expect Guatemala to remove this and other offending legislation from their books until after the case is decided by the International Court of Justice. He explained why:

Hon. Wilfred Elrington
"You would have been aware that the like manner of which they have done made the division in the maritime area into zones. They had from time to time shown the entire Belize country as part of Guatemala. Whenever that has been done, we have in fact taken the necessary steps to protest it. I'm pretty sure that that would have been done back there by minister Smith and by the Musa administration, I'm pretty sure they were on top of things, my people are checking it. It is in line with Guatemala's position or claim to our country and it is for that reason that we are emphasizing the need to get it resolved at the international court of justice. These are claims to international law entitlement and they can only be properly resolved by international court. So it is for that reason that we have been at pains for the last 8 years to say to people the ICJ is the way to go and the quicker the better because it is going to resolve these matters once and for all. What is important is that they have agreed, the government has agreed to go to the ICJ and the ICJ will make the determination. When we go to the ICJ, the ICJ is not going to say what the Guatemalans want or what Belize wants. The ICJ is going to tell us what we are entitled to in law, what are our legal rights, that's what a court does. A court tells us what our legal rights are whether its domestic or international, the court says this is Belize territory, this is that territory, this is the other territory and that is in fact what is binding, not what the Guatemalans have in their domestic legislation. What is important is what international court says is the situation in relation to the waters."

And just a few minutes ago, the Government of Belize sent out a press release and it confirms that no one in Belize knew of these regulations. It says, quote, "The Government of Belize points out that the Administration in office in Belize at the time… must have been unaware of their existence. Otherwise, that previous Administration would surely have protested the flagrant violation of International Law and Belize's maritime sovereignty, which the regulations constituted. In any event the present Administration makes clear that there can be no validity to, or international or Belizean recognition of, any law or regulation in Guatemala or any other country that purports to infringe on the sovereignty and territorial integrity of Belize.

Government further clarifies that nothing has ever been done by Guatemala, at time of passage and certainly not now, to seek to apply any zoning or administration regulation to Belize's internal and territorial sea or Exclusive Economic Zone. Nevertheless, Belize absolutely repudiates any and all aspects of the Guatemalan legislation and regulations that, even if only on paper, attempt to interfere with our territorial integrity. Moreover, such attempts are completely rejected by, and invalid under, International Law.

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