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AURELIO CAL in his own behalf and on behalf of the MAYA VILLAGE OF SANTA CRUZ and BASILIO TEUL, HIGINIO TEUL, MARCELINA CAL TEUL and SUSANO CANTI V.THE ATTORNEY GENERAL OF BELIZE and THE MINISTER OF NATURAL RESOURCES AND ENVIRONMET

Pays/Territoire
Belize
Type de cour
Nationale - cour supérieure
Date
Oct 18, 2007
Source
UNEP, InforMEA
Nom du tribunal
Supreme Court of Belize
Siège de la cour
Belize City
Juge
Conteh, A.
Langue
Anglais
Sujet
Terre et sols, Environnement gén.
Mot clé
Planification territoriale
Résumé
This judgment relates to consolidated claims which raise essentially the same issue. All the claimants have in common the fact that they are members of Maya communities in Southern Belize.It concluded that the defendants are bound, in both domestic law in virtue of the Constitutional provisions that have been canvassed in this case, and international law, arising from Belize’s obligation thereunder, to respect the rights to and interests of the claimants as members of the indigenous Maya community, to their lands and resources which are the subject of this case. The order included but not be limited to, directing the government to abstain from: a. issuing any lease or grants to lands or resources under the National Lands Act or any other Act; b. registering any such interest in land; c. issuing any regulations concerning land or resources use; and d. issuing any concessions for resource exploitation and harvesting, including concessions, permits or contracts authorizing logging, prospecting or exploration, mining or similar activity under the Forest Act, the Mines and Minerals Act, the Petroleum Act, or any other Act.