7 News Belize

Why GOB Is Claiming Victory In SATIIM Case
posted (May 30, 2014)
We've finally gotten a copy of the perfected order from Justice Michelle Arana in the SATIIM case, and it seems to be official that Government and US Capital Energy got the win, if only by a small margin.

As we've told you the perfected order is agreed upon after the attorneys from all parties have carefully read and interpreted the judgment. All interpretations are then taken back before the judge, where the final order is delivered after consultation with everyone. We've since been querying how that final order came about, and we were told that SATIIM and the Buffer Communities wanted the interpretation to be that Government must obtain consent from the Communities before permits or licenses could be granted in line with the UN Convention on Indigenous Rights.

Denys Barrow, attorney for the Government, presented his interpretation, to the judge given the entire judgement, and that's when Justice Arana made a modification.

In her original judgement, she gave an "order directing the Government of Belize to obtain free, prior and informed consent from the Claimants with respect to any contract, permit or licence that falls within the National Park."

In the perfected order, however, it said that Government must seek to obtain free, prior, and informed consent. That's a just a change of 2 words from "obtain" to "seek to obtain", but we're to Denys Barrow, that makes a huge difference - kind of like a difference between doing your best and trying to do your best.

And so, the final order is being interpreted by the government side that Government must try their best to gain the consent of the Mayan Communities, but Government still has the right to grant the permits and licenses even if the Communities don't give their consent.

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

7 News Belize