Janine
Coye-Felson
1. Ambassador
Martinezs comprehensive account of the treatment of
Belizes quest for self-determination in the United
Nations lays the basis for drawing certain conclusions on
the significance of the resolutions on the question of Belize,
and of the admission of Belize as a Member State of the
United Nations.
2. a.
The United Nations is empowered by its Charter to monitor
the progress towards self-determination, and finally decolonization
of non-self-governing territories. By virtue of resolution
1514 Declaration on the Granting of Independence
to Colonial Territories and Peoples, members of
the UN declared that all peoples have the right to
self-determination
., but added that this right
should be exercised within the limits of existing colonial
boundaries. Paragraph 6 states, [a]ny attempt aimed
at the partial or total disruption of the national unity
and the territorial integrity of a country is incompatible
with the Purposes and Principles of the Charter of the United
Nations. The principle of self-determination
within the limits of existing colonial boundaries
was the cornerstone of United Nations decolonization policy
that developed in the 1960s and 1970s by which the world
community sought to liberate peoples in dependent territories
within a multilateral legal framework.
b.
The General Assembly of the UN (as well as the Committee
of 24 and the Fourth Committee) was the main internationally
recognised forum to which dependent states like Belize resorted
to fulfill their aspirations of self-determination and independence
with territorial integrity. The apogee of this process was
eventual recognition by and admission to the UN of newly
independent states. It is within this context that the resolutions
referred to by Ambassador Martinez must be understood.
3. It
is plain that the multiple resolutions of the General Assembly
on the question of Belize assume and affirm its territorial
integrity, intact and inviolable. That is to say, it is
the position of the international community that the territory
of Belize encompasses all of the territory that
was administered by the United Kingdom in Belize before
Belize attained independence.1 To reiterate emphatically
what Ambassador Martinez has stated: The fact that
the Member States of the United Nations voted for the resolutions,
having heard the positions of the two sides presented in
some detail, can hardly be seen as other than recognition
that the territorial integrity of Belize embraces its pre-independence
borders, intact and inviolable.
4. The
resolution admitting Belize to membership in the United
Nations, on its face, no more defines its territory than
has any other resolution of the United Nations admitting
any other Member. Admission of a State does not certify
the borders of the admitted State, whether they are uncontested
or contested. Of course, the premise of the resolution admitting
Belize is that contrary to the position of Guatemala
Belize is a State, admitted because it is peace-loving
and accepts the obligations of the Charter and, in the judgment
of the Organization, is able and willing to carry
out these obligations.2 But, in this case, there is
an exceptional added element of recognition of the borders
of the State so admitted. The multiple resolutions of the
United Nations, in referring to all the territory
and to the territorial integrity of Belize within
borders inviolable and intact, do
appear to define or recognize those borders. The resolutions
indicate that the General Assembly, in implementing its
authority enunciated in Resolution 1514 (XV), has promoted
the self-determination and independence of a colonial territory
within the whole of the colonial borders of that territory.
5. It
is a general principle of international law relating to
the succession of states that a boundary having the status
of an international frontier at the time of decolonization
shall be maintained. The ICJ reaffirmed this principle in
the Burkino Faso/Mali judgement. On September 21, 1981,
the people of Belize achieved Independence in accordance
with the fundamental principle of the UNs decolonization
efforts self-determination within existing colonial
boundaries. They succeeded the United Kingdom and thus became
sovereign over the territory of Belize previously administered
by the UK, the boundaries of which had hitherto been recognized
as an international frontier by the General Assembly of
the UN in its resolutions on the question of Belize and
by the OAS in its endorsement of UN resolution 35/20. The
international community in admitting Belize to membership
of the United Nations thus affirmed the succession of this
newly independent State with its pre-existing international
frontiers.
Thank
you.
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