Evaluation Report on the Implementation of Confidence ... of the Confidence‐Building Measures...
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Evaluation Report on the Implementation of Confidence‐Building Measures between Guatemala and Belize In response to a request by the Minister of Foreign Affairs of Guatemala, duly considered at a meeting of foreign affairs of the two countries, regarding an evaluation report on implementation of the Confidence‐Building Measures between Guatemala and Belize to help give new impetus to a bilateral agenda, with support from the OAS General Secretariat, the following should be noted: On February 7, 2003, the matter of implementation of confidence‐building measures between the Governments of Belize and Guatemala was settled with the signing of the Agreement to Establish a Transition Process and Confidence‐Building Measures between Belize and Guatemala. For the purpose of facilitating implementation of the various measures, the first agreement specifically defined the so‐called Adjacency Line, clearly establishing that use of that line would not constitute an agreement between the parties on its representing the international boundaries between the two countries. Likewise, it instructed the General Secretariat to establish an office in the Adjacency Zone for the purpose of: fostering community‐to‐community contacts across the Adjacency Line; executing activities designed to improve relations, confidence, and cooperation among the inhabitants of the Adjacency Zone; verifying any incidents which may occur in that Zone; verifying any transgression of the established Confidence‐ Building Measures; and providing information on the transition process and the measures implemented. In addition, the Agreement established the Group of Friends of Belize and Guatemala, with the participation of member states and permanent observers, to support a peaceful resolution to the dispute. Subsequently, on September 7, 2005, the Ministers of Foreign Affairs of Belize and Guatemala, together with the Secretary General, signed a second agreement, at OAS headquarters in Washington, D.C. – the Agreement on a Framework for Negotiations and Confidence Building Measures between Belize and Guatemala. However, they did not indicate the period during which those measures would be in force. The second agreement made changes to the measures agreed to in 2003, basically by expanding the functions of the Office of the OAS General Secretariat in the Adjacency Zone, which had been set up in 2003. It bears mentioning that the Confidence‐Building Measures are implemented by the Office of the OAS General Secretariat in the Adjacency Zone, in close collaboration with the various officials of Belize and Guatemala. This Office operates and all local staff are recruited through the Fund for Peace: Peaceful Settlement of Territorial Disputes, set up by the General Assembly in June 2000 through resolution AG/RES. 1756 (XXX‐O/00). To support the Governments of Belize and Guatemala, the Fund for Peace established a Belize‐Guatemala Subfund through which to channel contributions received from donors for this purpose, in particular from the countries belonging to the Group of Friends. The OAS General Secretariat has convened the Group of Friends on several
Transcript of Evaluation Report on the Implementation of Confidence ... of the Confidence‐Building Measures...
EvaluationReportontheImplementationofConfidence‐BuildingMeasuresbetweenGuatemalaandBelize
In response to a request by the Minister of Foreign Affairs of Guatemala, dulyconsideredatameetingofforeignaffairsofthetwocountries,regardinganevaluationreport on implementation of the Confidence‐Building Measures between GuatemalaandBelizetohelpgivenewimpetustoabilateralagenda,withsupport fromtheOASGeneralSecretariat,thefollowingshouldbenoted:
On February 7, 2003, thematter of implementation of confidence‐buildingmeasuresbetweentheGovernmentsofBelizeandGuatemalawassettledwiththesigningoftheAgreementtoEstablishaTransitionProcessandConfidence‐BuildingMeasuresbetweenBelize and Guatemala. For the purpose of facilitating implementation of the variousmeasures, thefirstagreementspecificallydefinedtheso‐calledAdjacencyLine,clearlyestablishing that use of that line would not constitute an agreement between theparties on its representing the international boundaries between the two countries.Likewise, it instructed the General Secretariat to establish an office in the AdjacencyZone for the purpose of: fostering community‐to‐community contacts across theAdjacency Line; executing activities designed to improve relations, confidence, andcooperationamongtheinhabitantsoftheAdjacencyZone;verifyinganyincidentswhichmay occur in that Zone; verifying any transgression of the established Confidence‐Building Measures; and providing information on the transition process and themeasuresimplemented.Inaddition,theAgreementestablishedtheGroupofFriendsofBelize and Guatemala, with the participation of member states and permanentobservers,tosupportapeacefulresolutiontothedispute.
Subsequently, on September 7, 2005, the Ministers of Foreign Affairs of Belize andGuatemala, togetherwith the Secretary General, signed a second agreement, at OASheadquarters inWashington, D.C. – the Agreement on a Framework forNegotiationsandConfidenceBuildingMeasuresbetweenBelizeandGuatemala.However, theydidnot indicate the period during which thosemeasures would be in force. The secondagreementmadechangestothemeasuresagreedtoin2003,basicallybyexpandingthefunctionsoftheOfficeoftheOASGeneralSecretariatintheAdjacencyZone,whichhadbeensetupin2003.
It bears mentioning that the Confidence‐Building Measures are implemented by theOfficeoftheOASGeneralSecretariatintheAdjacencyZone,inclosecollaborationwiththevariousofficialsofBelizeandGuatemala.ThisOfficeoperatesandalllocalstaffarerecruitedthroughtheFundforPeace: PeacefulSettlementofTerritorialDisputes,setupbytheGeneralAssemblyinJune2000throughresolutionAG/RES.1756(XXX‐O/00).TosupporttheGovernmentsofBelizeandGuatemala,theFundforPeaceestablishedaBelize‐Guatemala Subfund through which to channel contributions received fromdonors for this purpose, in particular from the countries belonging to the Group ofFriends. The OAS General Secretariat has convened the Group of Friends on several
occasionstokeepthemabreastoftheevolutionoftheprocessasconcerneddifferentaspects of the territorial differendum and of the implementation and results of theConfidence‐BuildingMeasures.
Noteworthy among the various activities carried out by the Office in the AZ areverification, follow‐up, and preparation of reports on any incident in the AdjacencyZone.Notonlyisthisthemostimportantregularactivity;italsoprovidesthemeanstoensureaconstantpresenceinthecommunitiesintheAdjacencyZone.Itsmosttangibleresult is to detect any anomaly or conflict in its early stages, in order to respondimmediatelyandthuspreventthecontroversyfromtakingonlargerdimensionswhichcoulddamagerelationsbetweencommunitiesandwithofficialsand,asaresult,affectthefriendlytiesbetweenthetwocountries.Verificationsincludeaninvestigationofthegeographic location of the event, its protagonists, and the parties affected; adetermination concerning the nature of the incident; an assessment of the situationfollowing the incident;ongoing follow‐upof the case; and reporting to the respectiveofficials of each country, all the while seeking to offer proposals and find means toresolvethedifferencesthatledtoeachofthedisputes.
Duringthecourseof2007,theOAS/AZofficeconductedmorethan40verificationandfollow‐upoperations.Asimilarnumberwillbeconductedthisyear.Theyarecarriedoutinclosecoordinationwiththecountries’officials,both localandnational,mayoralties,policeforces,officesofhumanrightsdefenders,andnaturallytheministriesofforeignaffairsofbothcountries.Eventhoughthenumberofverificationsrelatedtoconflict insome form may appear high, it should be noted that that number has declined incomparisonwithearlieryears–adeclinewhichcanundoubtedlybeattributed to thepresenceandactionoftheOfficeoftheOASGeneralSecretariatintheAZ.
Likewise, interinstitutional coordination with the police forces and with the BelizeDefenceForce(BDF)andtheGuatemalanArmy(GA)isongoingandofvitalimportance.Tripartitemeetings to coordinateoperations areheld everyquarter. Specialmeetingsarealsoheldregularly in theOAS/AZOfficepremises.Likewise,support isprovided inthe form of equipment. For example, GPS (Global Positioning System) devices wereacquiredandgiven toboth theBDFandtheGAso that theycouldbe trained in theircorrect use and thus avoid errors in determining the position of the AZ, which nowseparatesBelizeandGuatemalainthedisputedterritory.
Themeasures promoted by Belize and Guatemala, with assistance from the GeneralSecretariat,inthecommunitiesonbothsidesoftheAdjacencyLineconstituteanotherimportant aspect of the Confidence‐Building Measures. These measures could bespecificallyreflectedinthefollowing:
Support for interinstitutional cooperation among themunicipal governments of eachcountryintheAdjacencyZoneinordertoincreaselevelsofinteractionandcooperationamongthem.
Identificationofareasforthepossibledevelopmentoflocalprojects.
Organizationof cultural events andof activitiesdesigned to integrate theeducationalcommunityinthetwocountries.
Thepromotionandfacilitationofdialogue,alsospecificallymentionedintheConfidenceBuildingMeasures,withongoingsupportfromtheOfficeintheAdjacencyZone.Thisisnotlimitedtointeractionbetweenthecommunitiesbutalsoaffordsanopportunityforcoordinationbetween those farmers andprivate companies in theAZ involved in theorderly,legalcultivationofxateleaves.Itshouldbementionedthatillegalcultivationofthiscropisapermanentsourceofconflictbetweenthetwocountries,notwithstandingthe commitment made under the Confidence‐Building Measures to prevent illegalharvestinginbothcountries.
WiththecollaborationoftheOfficeintheAZ,thegovernmentshavesoughttoworkinthe areaof environmental preservation andprotection. Itmaybenecessary to adoptcommon criteria to deal with these problems more efficiently than up to now. Inaddition, a relationship has been set up, with certain limitations, with the nationalagenciesresponsiblefordisasterpreventionandmitigation.
UndertheaforementionedAgreement,BelizeandGuatemalahaveadvocatedforvaluesof culture and peace and for stronger measures to help children and adolescents.Consequently,since2005,bothgovernmentsandtheOASmissionintheAZhavebeenholding cultural workshops targeted at primary and secondary schools in the AZ,promotingcultureinitsdiversemanifestations,withtheactiveinvolvementofchildren,thus generating an increase in their self‐esteem and in the development of solidarityandacultureofpeace.
Follow‐upandcareofpopulationsirregularlyestablishedinthepartoftheAZdifferentfromtheirownnationality’s,which isspecificallyconsideredunderaspecial regime inthe Confidence‐Building Measures, has been one of the most difficult activitiesentrustedtotheOASOfficeintheAdjacencyZone.Thevoluntaryresettlementprocessisadirect responsibility thatwehavebeenabletoachieveandwedonothesitatetorank it asoneof thegreatest successesof theConfidence‐BuildingMeasuresand theworkoftheOfficeoftheOASSecretaryGeneral.
NUEVAJUDÁSETTLEMENT
The construction of theNueva Judá housing complex inMelchor deMencos and thetransferof31ruralfamilieslivingontheAdjacencyLineinprecariousconditionsisthefirstsuccessfulcaseofvoluntarytransferpursuanttotheConfidence‐BuildingMeasures.The complex, completed in 2005, received support from donors who contributedspecificallytothisProjectundertheBelize‐GuatemalaSubfundoftheFundforPeace.
SANTAROSASETTLEMENTThiscommunitylocatedintheAdjacencyZoneadministeredbyBelizehas,intherecentpast,beenasourceofconstantirritationandconflictbetweenthetwocountries.Duringthe negotiation process facilitated and coordinated by the OAS General Secretariatalongwiththeso‐calledTechnicalNegotiatingGroup(TNG),comprisingrepresentativesof the two governments, and even in the Secretary General's meetings with theMinistersofForeignAffairsofBelizeandGuatemala,overthepasttwoyearstheSantaRosa situation was constantly brought up, somuch so that it constituted a veritableobstacle throughout the negotiation process. Although all the members of thatcommunity voluntarily and independently asked the Organization, at the appropriatetime, to be resettled in Guatemala, numerous difficulties arose. At times, they weretriggered by the settlers themselves; at others, by the intervention of privateindividuals, unrelated to government authorities,who created false expectations thatwere directly detrimental to the settlers and caused excessive delays in the transferfromoneplacetoanother.Today,theresettlementisafactandthecommunityislivingindecentconditionswithreliableprospectsoffutureprogress.Itwasespeciallydifficulttofindlandsuitableforthesettlers’traditionaltypeoffarming,whileatthesametimemeetingeveryone’sexpectations.Intheend,anagreementwasreachedthatinvolvedameticulous selection of land to be purchased under a trusteeship arrangement, aftercallingupon IICA toadviseand toevaluate thequality, productivity, and suitabilityofthelandforfarmingpurposes.
The resettlement process involved training, the conducting of censuses, and theconstructionof17dwellingswithsafewaterandsewerageconnections,healthservicesand streets inside the settlement, a division into plots for each of the 17 families tocultivate, constructionof a school, and all the logistical support required. Theprojectwas executed directly the GS/OAS Office located in the Adjacency Zone. MajorcontributionstothislonganddifficultprocessweremadebySpain,Mexico,theUnitedKingdom, Turkey, and the United States. It is only right and just to emphasize thecooperationprovidedbytheaforementionedcountries.
These specific examples corresponding to the different items listed in the documentsignedon September7, 2005, and their effectiveexecutionbyBelize andGuatemala,withongoingactivesupportfromtheOASGeneralSecretariat,verymuchsuggestthattheConfidence‐BuildingMeasuresshouldbefullymaintained.
Nonetheless,despitetheinactivityoftheso‐calledJointBelize‐GuatemalaCommission,contemplated in point 20 of the agreement, progresswasmade on projects that thetwo countries regarded as important andwhich, judging by numerous statements bybothMinistersofForeignAffairsintalkswiththeOASSecretaryGeneral,theystillwishto implement through various forms of joint development in infrastructure, tourism,andtrade,aswellasotherareas.
OneaspectcloselylinkedtotheaforementionedCommission’sinactivityhastodowithfacilities for the transit of persons, goods, and services,mainly at theBenqueViejo –MelchordeMencoscustomsandmigrationcrossingpoint,whichispracticallytheonlyone equipped for that purpose. There one finds a notable asymmetry in theenforcementofbureaucraticredtapewhichgivesrisestorepeated,andinmostcasesjustified,complaintsbycitizensofbothcountries.
Consequently, it isessential tounderscoretheneedforcontinuitywithrespect to theConfidence‐Building Measures, bearing in mind the clearly favorable results of theirapplicationbyBelize andGuatemala, and theOffice of theGeneral Secretariat in theAdjacencyZone.Asnotedearlier, itwouldbeadvisabletogivefulleffecttothe“JointBelize‐GuatemalaCommission,consistingofofappropriategovernmentalauthorities,whichwillalsoincludearepresentativeoftheOASGeneralSecretariat”(Art.20),andtoensurethatitisconstitutedandoperational.
It isworthstressing that,aspartof thoseconfidence‐buildingmeasures, theOfficeoftheGeneralSecretariatintheAdjacencyZone,whoseactivitieswedescribedearlier,isessential in theopinionof the representativesof Belize andGuatemala, as theyhaverepeatedlystated,untiladefinitivesettlementoftheterritorialdifferendumisreached.BothsideshaveunstintinglypraisedtheworkofthatOffice.
Inlightoftheaboveandtheclearlyfavorablecommentsofministers,ambassadors,theheadsofthenegotiationteams,andotherauthoritiesofbothBelizeandGuatemala,nottomentionthoseoftherepresentativesoftheGroupofFriends,regardingtheactivitiescarried out by the General Secretariat Office in the Adjacency Zone, it is clearlyimportanttomaintainthatOffice.
Thatbeingso,afewfurthercommentsareinorder:
ThemaintenanceoftheOfficeisnotassuredbeyondFebruary2009,forlackoffunds.
ApossiblecessationoftheoperationsoftheGS/OASOfficeintheAZwouldmean:theabsenceofaneutralandreliablebodyto investigateany incidentoccurring intheAZ, to verify progress in implementing the Agreement, and to propose mediationoptionsaimedatreducingtensionsinAZ.WithouttheOffice,therewouldbenoindependentinterlocutorintheAZtocoordinateactivitieswiththearmedforces,police,andotherbodiespertainingtothegovernmentsofBelizeandGuatemala.In such a situation, even aminor incident could escalate intomore serious conflicts,therebyaffectingthestatusquointheAZ,whichispresentlycharacterizedbycalmandtrust.
.Inlightoftheabove,theGeneralSecretariatwilltakestepstoelicitfreshcontributionsfromdonorcountries.Atthesametime,itissuggestedthatBelizeandGuatemalajoinforcestoraisefundstoensurethattheOfficeintheAdjacencyZonecanfunctionforareasonableperiodoftime,particularlyduringproceedingsattheInternationalCourtofJustice.
