Breaking down the Consent Order

Since the Caribbean Court of Justice affirmed Maya communal land rights several years ago, much has been said about the consent order that was handed down by the bench.  Both parties, including the Government of Belize and the Maya community, are required to work with each other in putting together a Free, Prior and Informed Consent Protocol, F.P.I.C., to determine how engagement will take place where Maya lands are concerned.  But, many may not know what the consent order actually spells out. Over the weekend, Senior Counsel Godfrey Smith attended an event organized by the Maya Leaders Alliance during which he explained what the consent order seeks to accomplish.

Godfrey Smith

Godfrey Smith, Attorney-at-law

“It’s fundamental that you begin by understanding what the consent order says.  So the first thing, remember now the parties agreed.  Why did they agree?  The case went to the high court in front of Conteh, then to the Court of Appeal in front of other judges and then they were fighting it at the C.C.J. and the government decided, “Hear what, ih noh wahn mek sense, we noh wahn win this.”  Consent, that’s why you consent because we don’t want to fight anymore.  So what does the consent order do?  It means that the parties: government and M.L.A./T.A.A. Those are the parties, it’s crucial to understand.  They affirm that customary land tenure exists in the Maya villages, in the Maya villages in the Toledo District, gives rise to constitutional protection. So let’s destruct this, what does customary land tenure mean?  It simply means the way in which the Mayas as a community use their land over time, different from how we use it. We used to one lee parcel and we fence it up quick with cement fence. For them, it’s not that.  It’s the whole community, the whole village land that they use, as Dr. Penados says, to hunt, fish, everything. So it’s that practice that system of land that the consent order affirms exists.  Exists where? In the Maya villages.”