Free Prior and Informed Consent : A must in Belize

Source: 

SATIIM press release

Date of publication: 
4 April 2014

SATIIM and indigenous peoples – Anoher Legal Victory

SATIIM, the foremost environmental and human right organization in Belize along with four indigenous Q’eqchi’ Maya communities have achieved another monumental legal victory yesterday. The Belize Supreme Court Justice, The Honourable Michelle Arana declared:

1) That the decision of the Government of Belize to allow oil drilling and road construction in the National Park is irrational and ‘Wednesbury unreasonable’, that decision having been made without the free prior and informed consent of the indigenous Maya communities;

2) That the decision of the Government of Belize to allow oil drilling and road construction in the National Park is in breach of the legitimate expectation of the indigenous Maya Peoples, that the Government of Belize would comply with their obligations under the United Nations Declaration on the Rights of Indigenous Peoples to respect the rights of Indigenous Maya Peoples to their lands, territories and resources which they have traditionally owned, occupied or otherwise used or acquired;

3) Order directing the Government of Belize to obtain free, prior and informed consent from the indigenous Maya peoples with respect to any contract permit or licence that falls within the National Park.

SATIIM and the indigenous Maya Peoples urge the Government of Belize and US Capital Energy to immediately comply with the ruling. Armed with this latest judgment, the communities are currently engaged in meetings aimed at reaching consensus on definitive actions considering that US Capital has publicly stated they will not comply. The communities so far have agreed that they will no longer tolerate the Government of Belize and US Capital Energy to continue to violate their rights and undermine the rule of law. Judgement is attached.