CCJ Sends Maya Land Fight Back to Belizean Lawmakers

The next chapter in the decades-long struggle over Maya customary land rights will unfold through legislation, not another round of court directions. On Tuesday, the Caribbean Court of Justice dismissed an application from Maya leaders and allowed the process established under the landmark 2015 consent order to continue. While the ruling sends the matter back to the legislative review process, Maya Leaders Alliance spokesperson Cristina Coc says it also puts the government on notice that lawmakers must meaningfully involve Maya communities and protect their rights in any final legislation.

 

Cristina Coc, Spokesperson, Maya Leaders Alliance

“They said, what you have before you right now is a draft legislation for you to consider. Go back, let the process take its course, negotiate, talk to each other. And if in the end you find that still a legislation is passed that is that is inconsistent with the court order and that is inconsistent with international standards with respect to indigenous people’s rights then you come back to us.” That’s basically the gist of what took place in July, and now again it’s in the written judgment, a written decision, reasons for their decision. Nevertheless, we gained some clarity during that process. One, I think now that, now it is very clear to the government they are firmly on notice that any law that they write needs to be consistent or needs to adhere to the relevant standards with respect to indigenous people’s rights and land tenure security. And it cannot just be an exercise of imagination. You can’t just wake up one day and decide, “This is what I think is Maya land tenure.”

 

Coc said the court made it clear that Maya customary land rights cannot be defined without directly consulting Maya communities and understanding their traditional land use, occupation and cultural connection to the land.

 

Eleven Years Later, Maya Rights Still Await Legal Protection

 

Eleven years after the Caribbean Court of Justice issued its landmark consent order on Maya customary land rights, Maya communities are still waiting for those protections to become law. On Tuesday, the CCJ dismissed an application for further directions, leaving the issue within the ongoing legislative review process. The Maya Leaders Alliance has already proposed changes to the draft legislation and is now awaiting the government’s response. Spokesperson Cristina Coc explains what comes next.

 

Cristina Coc, Spokesperson, Maya Leaders Alliance

“Nevertheless since the CCJ hearing in July, we had committed to returning to the panel review. You will recall that we had set a date then. We have since met. We’ve had one panel review meeting. Unfortunately again, it’s almost like we start over because this is now the first panel review where now the government has decided to include third party or private landowners at this table. At that panel review, it was the shortest panel review we’ve ever had. I think it lasted nothing more than forty-five minutes, and it was really just to establish that we were going to provide written inputs redlining the draft legislation that is before us. It was made clear by the private landowners that they could not, for example address certain parts of the draft legislation because it’s not within their expertise. For example the definition of Maya customary land tenure. Only the Maya people can define that. They know how they use the land. And so certain parts of the legislation where it concerns the private landowners is the only part that they could weigh into. Unfortunately, it sets us back because they have a lot of catching up to do. We’ve been at this for eleven years.”

 

Coc said Maya leaders have submitted their recommendations on the draft legislation and are awaiting the government’s response, with another review panel meeting expected in early November to discuss the feedback and next steps.

 

Attention readers: This online newscast is a direct transcript of our evening television broadcast. When speakers use Kriol, we have carefully rendered their words using a standard spelling system.

 

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