Maya land case now in the hands of the Chief Justice
It’s a constitutional case that has the potential to set important precedents both here and internationally. Today the attorneys on both sides in the Maya land issue concluded their arguments and left their fate in the hands of Chief Justice Abdulai Conteh. But whoever wins or loses, the legal battle has forced Belizeans to think hard about how tradition, history, and ethnicity fit into the administration of constitutional government. News Five’s Janelle Chanona reports.
Cristina Coc, Director, Julian Cho Society
“It’s been fifteen years almost that we have been fighting to have our customary rights to the land we occupy respected and recognised.”
Janelle Chanona, Reporting
This afternoon attorneys representing the Toledo villages of Santa Cruz and Conejo and the Government of Belize made their final submissions to Chief Justice Abdulai Conteh in the case regarding communal land rights of the Maya living in southern Belize. The C.J. has reserved his decision, but community leaders contend whatever his ruling, the battle for indigenous rights is anything but over.
Cristina Coc
“We have started this struggle for such a long time; it is not the time to stop. We will continue to fight, we will continue to stand our ground and defend justice in the name of the people of the south.”
Attorney Nicola Cho declined an interview this afternoon, but in presenting her case during the four day trial, the Government’s crown counsel contended that the villagers “have not proved exclusive, pre-sovereign, continuous occupation by their forbearers”. And even if the court was to be convinced of that, the 1859 treaty between the Guatemalans and the British revoked any such rights.
That perspective was strongly rejected by attorney for the villagers, Antoinette Moore, who further asserted that by presenting substantial evidence on the long standing use and occupation by the Maya in Southern Belize, her clients have proved their case.
Antoinette Moore, Attorney for the Claimants
“We presented five expert affidavits, anthropological research that has been done over the last twenty-five years or more by individuals who are considered experts by both the defence and the claimants. Their reports contained within their affidavits including archival research, historical documentation that simply shows that the indigenous people who were here when the British came were practicing a system of land management and land use, land ownership that could be described as nothing else than customary land tenure. So I believe we presented overwhelming evidence with regard to that. That was the first issue in contention between the parties.”
Janelle Chanona
“That said then, if you are successful, how difficult would it be for the government to implement the relief that you are seeking?”
Antoinette Moore
“I don’t believe, it’s very difficult for me to say, but I don’t believe it would be extremely difficult. Certainly it will require a change in mindset, but beyond that certainly change in legislation, change in conduct, so perhaps it will be difficult. But I have faith in Belize, I have faith in Belize, not only in the people but I have faith in our structures as a democratic society and as an evolving society and I believe that even though we may be facing some difficult times now, regardless of what party is the party in power, I have faith in the fundamental basis that the country is built on and that is our constitutional rights and the constitution. So I believe it may be a little difficult, but it can be done and if the court orders that it be done, it certainly will be done.”
The relief that the villagers are asking the court to grant include declarations that the lands around the village come under collective title, the Government is to cease and abstain from affecting their existence, value, and use of lands unless through informed consent and under the safeguards of the Constitution of Belize. That “use” would also refer to the issuing of logging and oil concessions. Indigenous human rights law and policy professor, Steven James Anaya argues that the Mayan claim should not be misconstrued as separatism when it’s more about having a say in their future.
Steven James Anaya, Human Rights Professor
“What I hear, however, is they want to be consulted about any development that happens on their lands, about anything that affects their lives on their lands. They want to participants in the development projects, not just victims or the objects of that, and that’s what they are asking for. And so, if other places are any indicator, once indigenous peoples do have land tenure and security, they join in development efforts. Once they have that security and are able themselves to determine how they want to develop their lands, they initiate development projects or do so in partnership.”
Reporting for News Five, I am Janelle Chanona.
