Indigenous Land Rights: Toledo Maya

July 2014, Adele O. Ramos

INDIGENOUSLAND RIGHTS:The case of theToledo Maya

By Adele O. RamosJuly 28, 2014

Claims that there are a total of 42 Maya villages in Southern Belize.

At the time of the publication, the population of the Maya was numbered at 14,000.

Today they are said to comprise 10% of Belize's population, or about 30,000 people.



Legal disputes between the Maya of Toledo and the Government of Belize began in the

1990s.

Problem: logging


However, oil drilling is at the heart of today's debate


Large-scale logging and oil exploration – threats to their

traditional way of life.


In 2000, the Government of Belize, under the former political administration, had entered into a

10-point agreement with the Maya.


Point 6 of that agreement says:

That the GOB recognizes that the Maya People have rights to lands and resources in southern

Belize based on their long-standing use and occupancy.


Point 7 of the agreement said:

That the first consideration of the partnership between the GOB and the Maya Leaders will be

the establishment of a program to address the urgent land needs of the Maya communities of the south, including the surveying and distribution of lands or establishing and protecting communal Lands, depending on the various needs of the

Maya communities.


The GOB and the Maya leaders shall develop, within four (4) months after the signing of this

agreement, a framework and target dates, as well as administrative and

other measures for the implementation of the programme.


Maya lands have still not been demarcated;And they contend that the failure of the

Government of Belize to even acknowledge their customary land rights propelled them to

seek the court's redress.


The initial claim of 2007 was filed in the Belize Supreme Court by only two Maya villages:

Conejo and Santa Cruz.


In October 2007, the Supreme Court issued a landmark ruling


Former Chief Justice Abdulai Conteh decided the following:

That the Maya of Toledo do have land property;

That they are able to assert

derivative rights and interests with respect to those lands.


The Chief Justice said in this decision that the

principle of customary Maya land tenure extended to the other Maya villages

in Toledo.


THE DISTRICT OF TOLEDO

TOL



“…to determine, demarcate and provide official documentation of these villages’ titles and customary rights…without prejudice to the rights of neighboring Villages.”July 2014, Adele O. Ramos

Questions about true ancestryThe Government of Belize maintained in court that

the Maya of Toledo are not the true descendants of the Maya who had occupied southern Belize before Spanish conquest in 1540.

Their expert, Dr. Jaime Awe of the Institute of Archaeology of Belize, told the court that the area was occupied by the Manche Chol, who are different from the Kekchi and Mopan Maya now inhabiting the region.

The Government of Belize argued that the Maya were Guatemalans trying to take a chunk of Belize territory in line with the unfounded claim over half of Belize.


Questions about true ancestryThe Maya had their own expect witness, Dr.

Richard Wilk of Indiana University, who pointed to 18th century maps – new evidence – which the expert said had signaled the presence of “pagan Indians” in southern Belize during the period in question.

Wilk provided evidence which claimed that these Maya were ancestors of those who returned to Belize within the past few decades, to what they deem to be their ancestral homeland.





Subsequent legal rounds2011 – The Barrow (United Democratic

Party) administration appeals the second Supreme Court ruling.

July 2013 – the Court of Appeal issued its decision in the matter.


The Court of Appeal Decision“The unchallenged evidence in this case has

shown that, from the earliest years of the colony of British Honduras, British policy was to accommodate Maya land use and to encourage Maya settlement…

“The earliest Crown Lands Ordinance, which was passed in 1872, specifically provided for the creation and survey of reserves at the Crown’s expense wherever Maya villages existed. The general pattern of accommodation of Maya land use continued well into the 20th century.”July 2014, Adele O. Ramos

The controversy:The Court of Appeal dismissed a series of orders

which Conteh had made in favor of the Maya villages, as well as an injunction restraining the Government taking certain actions with respect of the lands without the informed consent of the Maya.

Conteh had stated that the Government of Belize has an obligation to adopt affirmative measures to identify and protect the rights of the Maya, and went on to order the Government to work along with the Maya to develop legislative, administrative or other measures necessary to identify and protect Maya customary lands, in conformity with traditional practices.


Court of Appeal president disagrees

The Court of Appeal president, in his minority decision, said that he disagreed that “on the evidence, there exist the essential historical and ancestral links between the original inhabitants of what is today the Toledo District and the respondents…”

Sosa said that he was also unable to agree with Dr. Conteh that the Maya claimants have entitlements to the land in question.


Subsequent legal roundsJune 2014 – Supreme Court Justice Michelle

Arana orders court-connected mediation in dispute over oil exploration in Southern Belize.

Both parties have appealed to the Caribbean Court of Justice – the court of highest jurisdiction under the Belize Constitution. Only 23 villages are now parties to the appeal.


The Government sticks to its position

Prime Minister Dean Barrow has said that the status quo in Toledo will remain until the matter is decided by the Caribbean Court of Justice.

Back in 2010, the Maya had asked the Government to drop its appeal so that the matter could be speedily resolved.

In May 2013, the Inter-American Commission on Human Rights has called out the Government of Belize for having allowed private companies to carry out oil exploration and exploitation and logging activities in the traditional lands of Maya communities under permits issued by State authorities without first consulting with the Maya.


Case before the CCJ

BZCV2014/002

The Maya Leaders Alliance & The Toledo Alcaldes Association on behalf of the Maya villages of Toledo District & 23 Others on their own behalf & on behalf of 23 other Maya villages v The Attorney General of Belize


Questions?

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Indigenous Land Rights: Toledo Maya