So, that's the situation; the Court of Appeal has reaffirmed the rights of the Indigenous Maya communities of the south. But, it has reversed the orders by Former CJ Conteh, effectively removing the obligations of the Government to protect those rights.
And interestingly enough, the Court agreed with GOB's arguments that in line with the Petroleum Act, the Mines and Minerals Act, and the Forest Act, the Government retains ownership and control of any lands where natural resources and minerals are found after exploration has been done. Their grievance was that Former CJ Conteh failed to take proper judicial notice of these laws and their implications.
That is significant because US Capital Energy wants to conduct oil exploration within the Sarstoon Temash National Park, and SATIIM is trying to block them with an injunction, which is yet to be scheduled for hearing.
In that context, the media asked attorney Antoinette Moore about the implications of the judgment on this and other matters which surround the lands which the Maya Communities are claiming.
Here's how that conversation went:
Antoinette Moore - Attorney for the Maya Leaders Alliance
"At the time I don't think I can say very much in terms of that. The court of appeal meets every March, June and October - those are the sessions, however they can meet out of session for any reason to deliver a judgment that perhaps wasn't ready in June - they can meet at any time. Obviously there are some interesting issues around the timing because I have filed an application for contempt which is to be heard on Monday with respect to this very judgment, with contempt with the government not obeying the court order. So we shall see what will happen on Monday and I can see why you asked that question, I don't think I have a good answer for you thought."
Reporter
"Being as dynamic as of late, how do you move forward - that you have a judgment in your favor in essence but things can change rather quickly."
Antoinette Moore
"I think it's a question for the Mayan community - the issues of the Rosewood extraction that comes directly from Maya lands - the issue of US Capital that is directly on Maya lands and preventing people from moving about in their own property. There are - as you said - many dynamic issues right on the ground and I think that this is going to be an ongoing, unfolding process that we are all going to have to observe. I have obviously advised my clients in respect to the law."
Explaining the time and long delay, the President of the Court of Appeal unreservedly apologized to the litigants explaining that this case was particularly complex and time-consuming. Looking at the length of their judgment, it would seem exactly that, but also, the President also explained that recently, the Appeal Court has been called upon to deal with an increase in complex cases such as this on.
It is also notable that in his conclusion, Justice of Appeal Morrison was of the opinion that Governments to come must recognize that in Belize's history, all forms of governments past have respected the claims to land by the Maya people. He said, quote,
"The Ten-Point Agreement, as well as Act 2 of 2001, which closely followed it, are both of a piece, in my view, with what has in fact been a historic tendency towards recognition of the rights of the Maya. It is to be hoped that this tendency will continue beyond this litigation."
End Quote.
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