Spirit of the Land: Sylvia McAdam's PowerPoint shown at Elements of Justice
Our Land, Our Life Maya Land Rights · MAYA LAND RIGHTS 2010 •On June 28, 2010 the Chief Justice...
Transcript of Our Land, Our Life Maya Land Rights · MAYA LAND RIGHTS 2010 •On June 28, 2010 the Chief Justice...
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Our Land, Our Life – Maya Land Rights
Komonil (The village meeting )- is the fundamental authority for decisions making
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The Maya People
• There are about 6 million Mayas in Belize, Mexico,
Guatemala, Honduras and El Salvador
• Belize – Maya Q’eqchi and Mopan and Yucatec
• 38 Maya villages in southern Belize
• High degree of autonomy under the traditional form of
governance – kamolb’e/jolomil Kaleb’aal
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Maya Territories
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The Struggle of a People – The Maya
Traditional leaders at Supreme
Court hearing 2010.
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History of Alcaldes
• Attempt to co-opt the Alcaldes to sever
British interest on Indian reservations
• Renamed as Alcaldes and duties reduced to
law and order
• Attempt to eliminate this traditional practice
in 1990’s when the village council was
introduced
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Aj Ralch’ooch
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MAYA LAND RIGHTS 2007
• In 2007 the villages of Conejo and Santa Cruz
claimed their right of ownership over their
communal lands in the Supreme Court of Belize.
• The Supreme Court agreed and decisively
acknowledged that the customary land rights of
Conejo and Santa Cruz are protected by both
international and Belizean law.
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The Chief Justice of Belize,
Dr. Abdulai Conteh said:
• “…it is my considered view that both customary
international law and general principles of
international law would require that Belize respect the
rights of its indigenous people to their lands and
resources.”
• “I conclude therefore, that the [government] are
bound, in both domestic law in virtue of the
Constitutional provisions that have been canvassed in
this case, and international law, arising from Belize’s
obligation thereunder, to respect the rights to and
interests of the…members of the indigenous Maya
community, to their lands and resources which are the
subject of this case.”
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MAYA LAND RIGHTS 2010 • On June 28, 2010 the Chief Justice of Belize again
issued a decision in favour of the Maya.
• The Chief Justice extended his judgment to
include the remaining 36 Maya communities in
the Toledo District; meaning it included ALL
Maya.
• This is the main difference between the decision
in 2007 and the decision in 2010.
• After the 2010 decision ALL Maya villages had a
right of ownership over their communal lands.
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State Failure to Uphold the Rule of Law
•US Capital Energy’s concession block 19 includes all of the lands of 39 villages
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Human Rights Violations by Oil
Company
Q’eqchi Speakers
hired by company
Coercion of leaders
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Mr. Alfonso Cal is refused entry to the US Capital Energy
drilling site even though the company is on Maya lands
without permission.
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The government has allowed US Capital Energy to put up
these signs so no Maya are allowed to go onto the lands
including the people of Crique Sarco and Sunday Wood
where this drill site is located.
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Engagement with International
Mechanisms • Lobby for condemnation of governments failure
to uphold the rule of law.
• Ask relevant agencies and international
mechanisms, State parties to monitor the
domestic and international human rights
obligation of Belize
• Lobby for international support to implement
court order and IACHR
• CERD, HRC, UPR, OHCHR
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CURRENT SITUATION
• Maya Consultation Framework
• Framework for Oil Development
• Compliance Application
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Conclusion
– Government remains out of compliance with
CCJ Order
– Cautiously Optimistic
– Caribbean Community support
– Encourage Belize to adopt LAC P10
• The ability of our people and communities to
‘live well’
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B’antiox, B’otic, Garcias, Thank
You