Toledo Mayas win landmark case against government

It is a historic day for the Maya communities whose representatives packed the courtroom this morning. The long anticipated ruling of a case involving property rights but that extended to other rights was delivered by Chief Justice Conteh among his last judgments before he vacates the seat as Chief Justice. The case was brought against the government by the thirty-eight communities of Mayas in southern Belize who were seeking to legally establish constitutional indigenous rights over communal lands. This morning’s ruling gave them just that but it will also have a bearing on activities taking place in their communal lands. News Five’s Jose Sanchez was in court this morning and has this report.

Jose Sanchez, Reporting

The Courtroom of Chief Justice Abdulai Conteh was packed with over one hundred persons waiting to hear the judgment of the communal land rights case between the Maya Leaders Alliance and the Toledo Alcalde’s Association against the government of Belize. The executive director of Sattim, Greg Choc was choked up about the victory.

Greg Ch’oc, Executive Director, SATIIM

gregory ch'oc

“Its words can’t describe my emotions. Fifteen years of work. It’s an overwhelming joy to know that the justice system in this country finally begins to render justice to those who seek it. I can only be extremely happy that a group like the Maya community have muster the courage to seek justice , to seek a space, to seek a voice in  their future and the future of this country and I believe this ought to be an example to the rest of the Belizean community to seek hope that they can also assert the voice and the role to determine their future in this country.”

The Chief justice sighted as evidence that the government’s attorney grudgingly admitted that it has in a previous instance acknowledged the existence of communal lands. According to Antoinette Moore, it was a victory for all Mayas, and perhaps even for those living outside of Toledo.

antoinette moore

Antoinette Moore, Attorney for Mayas

“I am extremely pleased. We are confident that  we had a very strong case both in evidence , in fact, and in law and its been  affirmed by the Chief Justice in the reading of the judgment affirming all the rights , property rights, cultural rights , the right to life all the indigenous people , the Mayan people of Belize.”

Jose Sanchez

Does the judgment also extend to Mayan villages outside of Toledo?

Antoinette Moore

“The Chief Justice made a statement that could be taken to indicate that. He said that of course didn’t seek it but he said Stann Creek is in Southern Belize. His finding in the previous case as well as this case was that Maya customary land tenure exist in Southern Belize. So certainly the argument can be made by Maya Center, for example, or Red Bank villages in Stann Creek. I do not know historically or culturally whether the inhabitants of those villages actually practiced customary land tenure or not.”

Jose Sanchez

He also mentioned that other countries have legislation that explicitly extinguished to use the term ‘extinguish communal land rights’ is that something the government can do now? Because it seems that the judgment protects

Antoinette Moore,

“Exactly they could not do that. We would have argued that after 2007 that the government could not have done that because now we are in a constitutional era, and the judgments both give constitutional protection to the indigenous property rights. It would be unconstitutional now for government to now present legislation to extinguish land rights that are protected by the Constitution of Belize.”

The government will no longer be able to grant oil or logging concessions on Mayan land without consultations.

Jose Sanchez

He also mentioned the government should abstain from issuing leases, grants, he mentioned the lands act, no concessions for logging or mining, he even mentioned the petroleum act. Will it be something that affects current concessions granted across the country?

Antoinette Moore

“It certainly may. This would be the initial instance where the Government of Belize representatives ought to come together with the Maya people and sit down as partners discussing what will happen; because what the Chief Justice said in the relief was not that concessions could not be given, not that logging or forestry concession could not be given, but it could not be given without the consent or consultation of the owners of the land which are the Mayan people. SO, its not that it can’t it just must happen with constitutional protection in place.”

Satiim manages the Sarstoon Temash National Park.   U.S. Capital Energy has conducted seismic testing in the park, without the consultation of Satiim or the Mayas.  The judgment changes the rules of the game for Satiim.

Jose Sanchez

How do you think the government should continue when it comes to seismic testing and drilling for oil?

Greg Ch’oc

“Well definitely I thin it has to bring onboard the rightful landowners, and to begin tripartite discussion on how to move forward with the oil exploration, particularly in the area that indigenous communities reside. As the rights judgment clearly states, the communities do have interests and rights and I also believe inherent in the interest and the rights are benefits derived from exploitation of those resources.”

After a brief photo op., the Mayas headed for a celebration in Toledo.

cristina coc

Cristina Coc, Director, Julian Cho Society

“I’m asking the press come and join us at our celebration in Indian creek.  All I can say at this point is that the exercise of justice is joy for the righteous. Come join us in Indian Creek. Thank you.”

Reporting for News Five, Jose Sanchez.