Claimants in Maya land case are optimistic
Late this afternoon, the case of the Mayan villagers suing the Government of Belize for communal land rights adjourned after their attorney, Antoinette Moore, made her final submissions to the Chief Justice. At nine tomorrow morning, counsel for the Government, Nicola Cho, will take the floor to wrap up her arguments. Earlier today, Moore called her ninth and final witness, Steven James Anaya, a U.S. professor of human rights law and policy. Cho objected to Anaya’s testimony as an expert based on the fact that in 1996, he had acted as an attorney for the Toledo Maya Cultural Council in its case before the Inter-American Commission on Human Rights. But after some back and forth, the C.J. allowed Anaya to testify on the basis that he would be able to be objective in his presentation. Anaya focused his testimony on international human rights law, maintaining throughout that: “Governments must respect, recognize, and refrain from undermining the rights of indigenous peoples. If they do not comply, they are violating the rights agreed to through international human rights treaties ratified by Belize.”
Following Anaya’s presentation, Cho began her response to the claim. Belmopan has filed affidavits from eight public officers from the Lands, Petroleum and Forest Departments as well as officials from the Ministry of Rural Development. The Government is basing its defence on the grounds that the villagers of Conejo and Santa Cruz have no customary land claim and even if they do, there has been no breech of the constitution. Also, any such rights would be limited so as not to exceed the rights of others. But at this point the C.J. interrupted, referring to the Government’s defence as laconic and inadequate. “A denial is not enough. You must say “why” as succinctly as possible. You’ve not told me anywhere that the claimants are not entitled to the relief sought”, he said.
In the interest of justice, the attorneys agreed to proceed but during the afternoon sitting, Cho was granted leave to amend the Government’s position to include in part, “extinguishment”, meaning that Cho will have to show the court that prior to passage of the constitution, legislation was enacted to end land claims by indigenous groups. Attorney for the claimants dismissed that ground as “outdated doctrine” and untenable. When court adjourned this evening, it was hard to miss the air of optimism of the villagers and their attorney.
Antoinette Moore, Attorney
“Evidence has shown that the Maya people live in a certain way and it is based on their customs and tradition and heritage.”
Janelle Chanona
“If at the end of this, the judge agrees with the claimants’ position, can you clarify to the public what exactly are the reliefs you are seeking?”
Antoinette Moore, Attorney
“They are asking for nothing more than what other Belizeans have. It’s just that a security in their constitutional rights. It’s just that they manifest it differently. They live communally, so they don’t want a lease to a thirty acre plot, they want a communal title to their land so that they can continue to live in the ways that they have lived for generations. If an individual determines they want to leave the community or want to live a different way, that’s their choice, no one is trying to confine people to an old outdated system, that’s what been said in part by government. We’ve heard people say about the balkanization, the separation. In fact a letter that’s in evidence says that it’s only the—that the modern and enlightened Maya don’t wish to live in this communal way, but that’s simply not true, it’s simply not true and it’s discriminatory to even say that.”
Janelle Chanona
“Do you, how do you respond to the suggestion that if your claimants win this case, that it would set a precedent for any other community to say we want the same rights?”
Antoinette Moore, Attorney
“Those communities have rights, rights to property. But those communities would have to give a finding and a showing to the court that they live in this customary way and I don’t believe there are any other communities. A customary way that has the force of law.”
“The Mayan people are not trying to denying anyone else their rights, they are simply and in a very humble way attempting to secure the rights that they have and the dignity that they have, and the lifestyle that they have lived for them and their children and generations to come.”
Cristina Coc, Director, Julian Cho Society
“I find it hard to believe that other groups would all of a sudden begin to separate themselves. That would mean changing what they already do and we are not changing what we’re doing. We are just saying we want what we continue to do to be protected.”
The case will continue before the Chief Justice at nine Thursday morning with attorney Cho making her final summations.
