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Sarstoon Temash Insitute for Indigenous Management and others vs Attorney General of Belize and others

Country/Territory
Belize
Type of court
National - higher court
Date
Mar 3, 2014
Source
UNEP, InforMEA
Court name
Supreme Court
Seat of court
Belize City
Judge
Arana
Reference number
Claim No. 394 of 2013
Language
English
Subject
Environment gen.
Keyword
International agreement-text Public participation Indigenous peoples Mining National parks Marine protected areas
Abstract

In this case, the plaintiff was a company representing the interest of the Maya villages within the Sarstoon- Temash National Park and whose aim is to co-manage the Sarstoon Temash National Park with the Government and to ensure that the interest of the indigenous populations are taken into account in the decision process. The plaintiff challenged the decisions granting an environmental clearance permit allowing an oil company to drill within the Sarstoon Temash National Park.

The plaintiff requested from the court that it declares the decision to allowing oil drilling and the construction of an adjoining road null and void, that it cancels all related licences, and that it issues an order requesting the Government to obtain free, prior and informed consent from the plaintiff before granting any licence or permit within the National Park. The plaintiff based his claim on the National Park System Act which provides a list of activities prohibited within the park, such as oil drilling.

The Supreme Court followed the argumentation of the plaintiff and held that the decision to allow oil drilling and road construction in the National Park is irrational and that it violated the rights of the Indigenous Maya Peoples to their lands, territories and resources. As a result, the Supreme Court cancelled all the decision contested and all its related permits and ordered the Government of Belize to obtain free, prior and informed consent from the Indigenous Maya Peoples for every contract, permit or licence which falls within the National Park.

Full text
Sarstoon-Temash-Institute-for-Indigenous-Management-et-al-v-The-Attorney-General-of-Belize-et-al-.pdf
Website
www.belizejudiciary.org