7 News Belize

GOB On Oil Vs. Indigenous Rights
posted (October 23, 2013)
Last night, we told you about the Supreme Court Case where SATIIM and the Indigenous Mayan Communities of the south are trying to block US Capital Energy from continuing oil exploration inside the Sarstoon Temash National Park.

The case has been brewing since July, when SATIIM announced that the Government of Belize granted US Capital permission to build a road to the drill sight, which sits a few acres inside the park.

Today, Government attorney, Denys Barrow, was allowed to respond to the submissions made by Eamon Courtney, attorney for the Mayans.  After a lengthy presentation before Justice Michelle Arana, Barrow spoke to the media outside the courtroom.  He told us that the Mayans are basing their arguments on the premise of customary land rights, but these rights weren't clearly defined in the case, and they haven't proven that they've been violated:

Denys Barrow - Attorney for Government of Belize
"The first was the question whether the evidence which was presented in this case, was capable of establishing that in relation to the affected areas within the park, whether the Mayan Communities have any customary land rights in respect of these particular areas. So, the question is not whether the Mayans have customary land rights, the courts have repeatedly declared that they have. The particular question is where do those rights reside? Where are they located? And we say that it is for the claimants to prove where those rights exist, and we say that there is not any evidence which establishes that in the particular areas in dispute - in question - those rights exists."

Cecily Cambranez-Burges - Krem Radio News
"Sir, are you talking about boundaries?"

Denys Barrow
"We're talking about boundaries or the absence of boundaries; this I think is the particular point. I made the point to the court that it is regrettable that the demarcation of boundaries has not taken place, but it has been recognized by the courts repeated."

Daniel Ortiz
"What is the fundamental difference between your position and that of the claimants?"

Denys Barrow
"The fundamental differences we say are that the Maya have not establish that they own 'the lands where the drilling is to take place'. We say that they are have not established what their rights are in relation to this area, even if they had rights in relation to the area. In our view, the Maya need to establish, first of all, in relation to the particular drilling areas, what rights they have, and then secondly, they need to show that drilling for oil in those areas, will violate those rights. The parallel really is with Spanish Lookout and BNE. BNE, as many of you will know, are drilling for oil right next door to people's houses and so on, and it is a very happy co-existence. So, the question is, giving US Capital drilling rights in relation to the park, which they say will affect only 2 acres of 41,000 acres of park land, does that violate anybody's right?" 

Michael Peyrefitte, attorney for US Capital, made a brief presentation, after which, the case concluded. The weighty matter is now in the hands of Justice Arana, who will deliver a decision on a date to be announced.

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