Senior Counsel Denys Barrow has written to the law firm of Courtenay Coye LLP telling them that the Government will waive the expiration date on the permit which the Forestry Department gave to US Capital Energy to explore for oil inside the Sarstoon Temash National Park—a decision which Senior Counsel Eamon Courtenay, attorney for the Maya communities, says is a “slap in the face of the judiciary,” and a matter which will have to be taken up in court.
Justice Michelle Arana had handed down a ruling earlier this month ordering the Government of Belize to get the free, prior and informed consent of the four Maya communities which took the oil dispute to court last year. Her decision was handed down on April 3, and yesterday, April 23, Barrow wrote Courtenay’s law firm to say that they will consult before deciding whether or not to extend the permit, but that they will waive the expiration date of the existing permit.
Barrow told us today that since sending off the letter, he has been informed that the Forestry Department has consulted with Sundaywood – which he insists is the only community directly affected by the exploration, and the only one which they really need to consult.
Courtenay contended to us, however, that Arana’s judgment was “very clear” on what “has to be done”—that Government needs to consult the four claimant communities, which are Conejo, Crique Sarco, Midway and Graham Creek. The attorney said that it is remarkable that the Government feels that it is able to convert a temporary permit with a clear expiration date – the end of April – to a permanent one with no expiration date.
We asked Courtenay whether they would, as a consequence, seek to have the Government cited for contempt by the court, but he said that he would not want to prejudge what will happen in court. They have asked the court to issue an injunction to stop the Government of Belize from allowing US Capital to proceed with plans to drill in the park before getting the consent of the Maya claimants.
Barrow told our newspaper that the Government is moving based on advice he gave them, and he told us: “I certainly expect to defend it…”
When we asked Barrow what is the basis in law for his position, that the permit’s expiration date can be waived, he asserted that the administrator of the Sarstoon Temash National Park, the Forestry Department, can exercise discretion in doing so.
“Isn’t it the responsibility of the Government to enforce the expiration date on the permit,” we asked?
“No,” he said.
“Government has the responsibility to consider what is fair” under the circumstances, he added.
US Capital has told us that it intends to start drilling mid-May, and Barrow said that the waiver has been approved and will permit the company to continue those works in May.
He said that he has received word that the Government may continue consultations with the Maya communities. We indicated that the Government may be accused of not acting in good faith if it allows US Capital to continue with its works even while it moves to consult with the Maya.
Barrow replied that such a position would, in his view, be “purely dogma.” He held to the position that the Government would allow US Capital to continue works beyond the expiration date of the permit.
According to Barrow, the Government does not agree with the court’s ruling that it must consult, but it has decided that it will.
Neither attorney has received an indication from the court on when Justice Arana would hear the application for an injunction. We were advised that the judge is currently on sick leave, and so no date could yet be set.