7 News Belize

Mayans Claim Victory In Court, US Capital Clings To Status Quo On The Ground
posted (April 3, 2014)
In September of last year, SATIIM took the entire media to the Toledo District on a tour of a small section of the Sarstoon Temash National Park to see first-hand the oil exploration that US Capital Energy was building inside the park.

As we showed you, the oil company built a road 10 meters into the park, where they a drilling platform was mounted for exploration. The organization along with the Buffer communities of the South argued that the company violated environmental laws set in place to protect the national park, and that there was also a violation of their customary land rights, affirmed by the courts in previous cases.

That case began before Justice Michelle Arana in October, and today, almost 6 months later, the decision was handed down. 7News was present when the decision was handed down, and also when the Mayan Communities held a 2-hour press conference to discuss it. Daniel Ortiz spoke to both sides and has this report:

Daniel Ortiz reporting
Today, the Mayan communities along with SATIIM came out by the hundreds to hear the decision of the court for themselves as to whether or not the US Capital Energy will be stopped from drilling for oil near their communities, and in a small section of the Sarstoon Temash National Park.

The members of the community then moved over to the Radisson Hotel where it was standing room only, as their attorney explained the decision to them. But BOTH SIDES ARE claiming VICTORY.

Eamon Courtenay - Attorney for SATIIM & Buffer Communities
"The Judge made two declarations and she granted an order. The two declarations: the first is that the decision to give the permission to do the road construction and commercial oil drilling was irrational, unreasonable and it follows that it is unlawful. The second declaration was that the decision to allow the road building and commercial oil drilling was in breach on the legitimate expaction of the claimants based on their rights under the United Nations Declaration of the Rights of Indigenous People and international law and the cases that have already been decided in Belize. That is their right to free prior and inform consent to this type of activities. It consequently means that the decision is unlawful. Then the Judge ordered that the government engage the Maya people, the claimants in this case, in consultations and negotiations in respect of any license, permit or permission in the Sarstoon/Temash National Park."

Michael Peyrefitte - Attorney for US Capital Energy
"To be frank with you Daniel, I think what the judge has done is to cut the proverbial baby in half, but to be quite frank I think US Capital got the better half. I think Satiim should have read the judgment before calling a press conference and boasting about the judgment. The essential issue to this case is this and Greg Ch'oc mentioned it on TV the other night - should the court declare or strike down any of the permits or licenses issued to the second defendant US Capital, authorizing drilling for oil in the national park - that's the question. Belize as a nation can ill-afford to discourage investors and I bear in mind the affidavit evidence of Doctor Michael Tewes and Alistair King officials of the second defendant company as to the millions of dollars expended to date on this project and the irrecoverable amount of money that both Belize as a country and the second defendant company will lose if the project is discontinued. It is in this light that I will not strike down the permits or licenses. I mean as the late great VH Courtenay use to tell me when he read stuff to me "that is in English, isn't it?" I mean come on. The licenses and permits that US Capital has received from the government that form the basis of the central issue of this case are legal."

So, because Justice Arana didn't strike the permits down, there are 2 very different interpretations. The attorney for the claimants say that the court didn't have to go so far, yet the intent was clear that they ought not to be granted. The other attorney says they are free and clear because their permits remain intact. Which interpretation, then, is the correct one?

Eamon Courtenay - Attorney for SATIIM & Buffer Communities
"That permit has 27 days left on it. If US capital wishes to proceed to spend the money for the next 27 days - that is like the charge of the light brigade."

Michael Peyrefitte - Attorney for US Capital Energy
"Essentially in my view of the permits are not struck down the permits have been help up as legal by the court then I don't see why the company should do anything differently from what it was doing if the permit is deemed to be lawful by the judge today."

Once again these 2 entities find themselves in opposition, but at least they agree on one thing, that the case is challenging the Government's authority. US Capital says that they've broken no law and neither have they overstepped their permits they've been granted.

Eamon Courtenay
"It is the government's duty to pass legislation to provide a framework for the rights of the Maya people to be respected. She says that it is the duty of the government to enter negotiations with the indigenous people so that they can be compensated as of right despite the neo-colonialist garbage coming from the mouth of Mr. Peyrefitte."

Michael Peyrefitte
"If you look at their case, all the case that they have brought they have never said that US Capital has behave wrongly, they have never said that US Capital has done what it was not authorize or license to do. US Capital has always operated within the permits, within the licenses and within the permissions that it has been given. The only question was whether or not the government was legally obligated to give those permissions and permits to US Capital. But the case is not against us, the case was against the Government of Belize."

But though that is the core issue, the result is that the Mayan Communities believe that a situation has been created showing that a private interest is exploiting them and trampling their rights. Both sides agree that consultation is important, but can it take place given the present status of this project?

Eamon Courtenay
"The government was under an obligation to consult the Maya. What she says, she is exercising her discretion since so much time has passed in not quashing it. The point we make is that you have 27 days left, let us begin to talk now respecting the rights of the claimants."

Michael Peyrefitte
"If Satiim and the Maya leaders want to meet, we can always meet. If you want to come in a situation where it's almost like an extortion type approach then we won't accept that. Without apologies we won't accept that. We are not disrespecting anybody here, but if you have not invested millions and millions of dollars then how can you benefit from an investment you did not make. The Petroleum Act specifically states out what benefits you will get if you are deemed to be an owner of property - that's what the Mennonites received, that's what the Ushers received - that what's everybody receives. But the Mayas believe that they are entitled to some special status and therefore some special amount of money that is not provided in the law and that's the difficulty we have with Satiim. Like I said before they want to meet and discuss but they want the company to concede certain things before we even meet."

In the immediate future, the interpretation that US Capital has taken is that they can continue with their plans to drill. SATIIM and the Mayan Communities have warned the company in light of this judgment: drill at your own risk.

Eamon Courtenay
"Every day that they drill or they prepare to drill without free prior and informed consent is a violation of the right of the claimants in this case. It is a violation of their right. The court just exercised the discretion not to quash the permit, but she recognized that the decision to allow them to do it is a violation of their rights, so I say they do it at their own risk."

Alistair King - Country Representative, US Capital Energy
"As far as I know we will continue drilling, but I don't know what (I will have to be advised on that) - I don't think there is anything in there that says we have to stop work, so for right now, unless the lawyers tell me differently we will just continue."

Greg Ch'oc - Executive Director, SATIIM
"Satiim and the indigenous people are saying not here, not now, not this way. That's what we are asking the government of this country; not here, now, not this way. The indigenous people deserve respect, deserve consideration."

Justice Arana also awarded the cost of the litigation to the claimants, ordering that the defendants - in this case US Capital and the Government of Belize - must pay for it.

Another significant feature of today's press conference was Courtenay's denunciation of Peyrefitte's comments that the Mayan's wanted "a cut of the pie" that US Capital would get from the proposed oil drilling. Courtenay called it "neo-colonial garbage". When we asked Peyrefitte if he wanted to revise his position, he told us that he sticks by what he said, and he will not take back or apologize for what he says is the truth.

Home | Archives | Downloads/Podcasts | Advertise | Contact Us

7 News Belize