7 News Belize

Sol. Gen Defends GOB On Lapses In Mayan Case
posted (February 22, 2018)

We also asked the Solicitor General about Monday's teleconference hearing before the Caribbean Court of Justice. The Attorney General and the Maya Leaders went before the CCJ to give a progress report on the implementation of the April 2015 order of the Court. The consent order says that Maya Customary Land Tenure is to be recognized, respected, and protected through an official land system.

The problem is that in the almost 3 years since this judgment was finalized, no real progress has been made to implement it. At the end of the hearing, CCJ Judge Jacob Wit said, quote, "…After 3 years, the parties have not succeeded in getting anything done in this regard and this cannot continue." End quote.

We asked the Sol Gen about the clear implication of the judge's statement, and he told us that the Government isn't dragging its feet. Here's how he explained it:

Nigel Hawke - Solicitor General
"The government and the Maya Land Rights Commission has done a lot of work. What really happened was that a draft work plan was prepared, it was shared with the other side, they made their comments and that indicated to the court. What the court suggested was that we should have mad probably a second consultation with them and they asked us to meet again with them so we can finalize that work plan and then have it sent to the court before the 15th of March. In fact it was supposed to be sent by the 9th of March so it's not to say that we've not done any work, the work plan is to take us through the implementation of the consent orders so it's a very comprehensive document and we have consulted it's not as though we sat there and we did not involve the other side. The court saw it fit to say we should have another meeting and then come back to us."

Reporter
"Also today there was a further meeting to discuss a draft dispute resolution framework between the two sides. How did that go?"

Nigel Hawke
"Well, the court just outlined the suggestion of what they think the parties can look at as a possible framework, a dispute resolution structure and framework so we now have to go back and consult and then we get back with the other side to see whether we can come up with a workable plan for a dispute resolution framework. One thing the court emphasize this morning is that we try to keep it a tribunal in nature or authority that is accessible, that is cheap, reasonable and is fair, so we both have to go back now and we have to consult with our superiors as to our position on that matter."

Daniel Ortiz
"Now sir is it a consideration of yours that 3 years seems to be inordinately long?"

Nigel Hawke
"3 years is long but not inordinately long but I think the court of itself has indicated to all the parties that given the nature of this mature will take some time to rollout all the intricacies involved in this matter so I think the court appreciates the fact that it will take some time but we are not saying that their ought to be delays but we certainly know that this is going to be a very long process."

The next report before the court is on March 15. We'll tell you how that one goes.

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