US Capital plans to set up drill rig – but Maya claim land rights violations

The Maya Leaders Alliance (MLA) and the Toledo Alcaldes Association (TAA) last Thursday filed an action in the Supreme Court, asking for contempt of court orders to be issued against the Government of Belize, in line with injunctions awarded in the Maya Land Rights cases of 2007 and 2010.

Whereas ancestral land rights have proved to be a source of fiery contention between the Government of Belize and the Maya of Southern Belize; petroleum exploration on those lands has added substantial fuel to the fire.

Cristina Coc, spokesperson for the MLA and TAA, told Amandala today that they have complained repeatedly to the Barrow administration that they have been denied access to Maya ancestral lands upon which US Capital Energy has been doing petroleum exploration works. Coc said that the company is gearing up to set up drill rigs in Southern Belize, and roads have already been pushed through Sunday Wood and Crique Sarco, and into the Sarstoon Temash National Park.

The fact that there is ongoing work, said Coc, means that Government is violating the injunction.

“In blatant violation of the court’s orders, the Government of Belize has issued permits to US Capital Energy Belize and is allowing the company to proceed with oil development activities on Maya lands. In doing so, the Government is denying the Maya people’s rights to our lands and is disregarding the authority of the courts and the fundamental tenants of democracy such as security of property and the rule of law,” said a statement from the MLA.

Coc told us that the Maya alcaldes, including the president of the Toledo Alcalde Association, were also denied access to the area, and told they needed permission from the US Capital’s office in Punta Gorda to go on their own ancestral lands.

Alistair King, representative for US Capital in Belize, told Amandala today that as far as access to the site goes, that is a general rule for everybody. He said that when there is a lot of activity, with trucks moving back and forth, it is neither safe nor viable to have a lot of people sightseeing and moving around.

King said that if Coc wants to go on the road, she needs to go to US Capital’s office in Punta Gorda, like everybody else does, and get a permission slip to present to the guard at the gate. King said that they don’t want large groups going into the area because it’s dangerous.

As for the status of petroleum exploration works, King said that US Capital does intend to get a drill rig into the area, and they plan to proceed, if they get another month of dry weather; however, if the rains continue, their plans will be delayed until later this year.

King also maintained that they have all their approvals needed from the Government for their petroleum exploration works. Those, he said, include the Forestry Permit, the Environmental Impact Assessment (EIA) and the Environmental Compliance Plan (ECP).

US Capital’s attorneys are Mike Peyrefitte and Derek Courtenay, SC. King said they don’t believe their company is guilty of any violation, and the Government also doesn’t feel it is guilty of contempt.

Coc said they hope the court action will be heard expeditiously, and indications are that a date could be set by the end of July. The Government will be served with notice of action sometime this week, she said.

The MLA and TAA are to be represented by Antoinette Moore, SC, who also represented the organizations in their 2007 and 2010 cases.

Government did not appeal the 2007 decision in which former Chief Justice Abdulai Conteh acknowledged ancestral land rights in Southern Belize and particularly in Conejo and Santa Cruz. However, it had decided to appeal the much wider ruling of 2010, which expanded to nearly 40 Maya villages.

A decision on that appeal was expected at the end of June; however, the parties will have to wait until the next Court of Appeal session opens later this year (around October) to find out whether that higher court will uphold the Conteh ruling or whether it will strike it down.

Coc said that when they met in Punta Gorda in February, about 5 months ago, with Minister of Forestry, Fisheries and Sustainable Development Lisel Alamilla, who Coc said had been designated as Government’s point-person to talk with the Maya, she had indicated Government’s position, which is: “We will drill for oil!”

Meanwhile, the MLA calls for demarcation and titling of ancestral lands, as well as a landholding system, which it said, is necessary.

According to Coc, the Maya leaders were also told that they could not talk about the issue of land rights because the matter is before the Court of Appeal. She said that they had put their concerns in writing to Alamilla, but they have not heard from her since. She said that the Maya leaders have exhausted their channels of communication with the Government, and that is why they are now seeking the contempt order.

Amandala called for Alamilla to get her input; however, we could not reach her; and at the time of this report, we had not yet received a response to our voice message.