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Attorney General of Belize and other vs the Maya leaders alliance and others

Country/Territory
Belize
Type of court
National - higher court
Date
Jul 25, 2013
Source
UNEP, InforMEA
Court name
Court of Appeal
Seat of court
Belize City
Judge
Sosa; Morrison; Alleyne
Reference number
Civil Appeal No. 27 of 2010
Language
English
Subject
Environment gen.
Keyword
Foreign land tenure Constitutional law Indigenous peoples Land tenure
Abstract

In this case, the plaintiffs are representatives of the Maya indigenous population from the Toledo District. They request from the court the recognition of their traditional land rights by the Belize land legal framework and require measures to be taken by the Government to protect Maya customary property rights in accordance with Maya customary laws and land tenure practices and in consultation with the Maya people. In addition, the government should abstain from registering the Maya land, issuing any leases or grant to land or resources from the Maya people, issuing any concession for resources exploitation.

In front of the court of first instance, the plaintiffs pointed out that the absence of recognition of their traditional rights was an obvious violation of their constitutional right to property and to their indigenous rights. The judge of the court of first instance followed their argumentation and held that there was a violation of their constitutional rights and granted them all the reliefs they had sought. Doing so, the court followed the decision of the Supreme Court in the 2007 Aurelio Cal and others vs Attorney General of Belize and others.

The defendant sought appeal in front of the Court of Appeal. The judges of the Court of Appeal upheld the decision of the court of first instance and affirmed that Maya traditional collective and individual land rights in the Toledo District gives rights to property rights as provided by sections 3 and 17 of the Belize Constitution. As a result, the Court dismissed the appeal.

Full text
Attorney_general_of_belize_et_al_and_maya_leaders_alliance_et_al.sma-1.pdf
Website
www.belizejudiciary.org