CCJ Rejects Maya Land Application, But Leaves Door Open
The Caribbean Court of Justice has dismissed a legal challenge by Maya representatives who asked the court to determine whether parts of the proposed Maya Customary Land Tenure Bill comply with the 2015 agreement recognising Maya customary land rights.
The Maya Leaders Alliance, Toledo Alcaldes Association and representatives of Maya villages had asked the CCJ to review six provisions in the draft legislation, arguing that they could undermine rights recognised in the 2015 Consent Order.
The court ruled that it cannot review the proposed legislation while it remains a draft, and that the 2015 agreement does not give it the authority to rewrite or add to the terms of that settlement.
Instead, the CCJ said the outstanding issues must be worked out through consultation and the legislative process.
The 2015 Consent Order recognised that Maya customary land tenure exists in Belize and gives rise to constitutionally protected property rights. It also required Government to develop measures to identify and protect those rights in consultation with the Maya people.
The CCJ dismissed the application with no order as to costs. However, if the bill is eventually passed and Maya representatives believe it violates their constitutional rights, they can bring a separate constitutional challenge.