Maya leaders say the release from GoB is “extremely distressing and regrettable” and offers no tangible assistance to the parties involved.

BELIZE CITY, Wed. July 6, 2022
The hopes recently expressed by the judges of the Caribbean Court of Justice (CCJ) – that the Government of Belize (GoB) and Maya Leaders Alliance rebuild confidence in each other through dialogue in order to ensure the successful implementation of an FPIC (Free, Prior and Informed Consent) protocol — is in peril following a release from the government and a response letter from the Maya leaders regarding the interest of private land owners within communal lands. 
The Government of Belize released a statement yesterday morning which indicates that private land owners and entities have made complaints to the government due to increasing concerns on the part of those landowners “that their private landowner rights are being infringed due to the Maya Land Rights Judgement of 2015.”
“There is the perception that some alcaldes, village councils, and other Maya leaders have become emboldened in their dealings with private landowners,” the release from GoB states. 
Minister of Human Development and Indigenous People’s Affairs, Hon. Dolores Balderamos Garcia, has stated that the Prime Minister, Hon. John Briceño, has since given some of those landowners an audience, and has been made aware of the key concerns of those parties. Those landowners, who have received titles to lands which neighbor or lie within communally owned territory, are now seeking to clarify their rights of ownership, and the Prime Minister has since directed the ministry to facilitate those landowners, some of whom have been contacted by the Ministry of Indigenous People’s Affairs CEO, Tanya Santos, said Hon. Balderamos Garcia in an interview this week.

The statement released by the government remarks, “It is of grave concern to these landowners that some village leaders and Maya leaders are of the view that the Caribbean Court of Justice (CCJ) Consent Order has bestowed absolute rights on them. While the Government of Belize fully recognizes the need to implement the ruling of Belize’s highest court, the government must seek to achieve a balancing act between the customary land rights of Maya people and the right to private land ownership, both of which are protected by the Constitution.”

The president of the Toledo Alcaldes Association (TAA), Domingo Bah, in a letter sent to Minister Balderamos Garcia, said that the release came as a surprise to the Maya leaders, since both sides had committed to desisting from issuing such public statements on matters affecting the Consent Order.

Readers would recall that at a recent CCJ hearing related to the process of implementing the FPIC protocol, the CCJ justices had lamented the acrimony that was evident in the statements made by the government of Belize and the Maya leaders—particularly remarks which tended to diminish the legitimacy of the role of the Maya Leaders Alliance as a representative of the Maya people in the implementation of the Free, Prior, and Informed Consent (FPIC) Protocol. The court had asked the parties to find a way to rebuild confidence in each other and directed that meetings be held to forward the finalization of the Implementation Road Map for the Consent Order.  

No report has yet been issued on those sit-downs between the parties, and now, with this latest release being viewed as yet another divisive public statement, the Maya leaders are asking the government to recall and honor the commitment to constructive dialogue. In essence, they say that this release simply rehashes old and ongoing conflicts between the private landowners and the Maya communities.

 The allegation against some Maya village leaders is that they have been aggressively attempting to infringe on the rights of private landowners who hold title to lands which they believe should be owned by Maya communities. The government release urges Maya leaders not to conduct themselves as if the private owners do not have rights but acknowledges that the Maya villages have a right to request that government and private landowners, “refrain from further surveys, leases and land transfers” until the legal framework is agreed upon and implemented.

“What village leaders and Maya leaders may NOT do is conduct themselves as if private owners do not continue to enjoy their rights of ownership to their land. Existing roadways, easements, shared access, etc. cannot arbitrarily be fettered by alcaldes and village chairmen as they see fit,” the release states. 

The letter to Minister Balderamos Garcia from the Toledo Alcalde Alliance (TAA) states that recommendations have been handed down by an expert witness to address these standing issues within the implementation process and that the statement issued by GoB provides no context of the history between the parties.

“The Government is aware that these are not new, or unexpected. Yet, the release presents these as exceptional and intrinsically unjust to private landowners, no matter of context, impact, or history between the parties,” the letter from the TAA states.

The TAA further noted that court-appointed expert witness Dean Rosa Celorio issued clear recommendations to address the issues, but the Government has refused to implement those.

“It failed to inform the public that paragraph 4 of the Consent Order also states that the village’s consent must be obtained before carrying out any activities on the lands claimed by a Maya village,” the letter stated.
As previously mentioned, the release from GoB did note that “village leaders and Maya leaders are within their rights to respectfully request that government and private landowners refrain from further surveys, leases, and land transfers until a comprehensive legal framework can be adopted and administrative measures put in place.”

It further noted that these issues were not meant to be resolved with certainty by the parties and that a resolution mechanism to resolve the issues is a part of the implementation road map process.

The letter from the TAA states, “As we work toward shifting our tone and manner of communication and rebuilding trust and confidence between the parties, it is extremely distressing and regrettable that the Government had issued this statement to the public without even attempting to inquire about these issues with us or address a particular dispute. The release simply makes broad and sweeping statements that present a skewed portrayal of the relationship between the village and these purported private landowners. “

The government, on the other hand, stated in its release that “The Government of Belize and all relevant ministries are committed to the protection of individual land rights, the recognition of Maya customary land tenure, and the processes that are necessary for balancing these competing interests where necessary. Additionally, the government is moving to put in place the legislative and administrative framework that the CCJ Consent ruling has directed. The government reiterates that it is vital that ALL parties concerned operate in a completely professional and respectful manner, thereby acknowledging the rights of one another. “