In July, we told you about the decision which SATIIM and the Mayan Communities of the south made to take US Capital Energy to court to block the company from conducting oil exploration inside the Sarstoon Temash National Park.
Well, today before Justice Michelle Arana, that big court case started in for which members of the Mayan Community came down to listen to in person.
Senior Counsel Eamon Courtenay, who represents SATIIM and the communities made a 3-hour presentation to the court today, and afterwards, we asked him to outline his client's case.
Eamon Courtenay
"Our clients are the villagers and the leaders of the villages who are seeking in this case to have the court consider whether or not the activities that are purportedly authorized by the administrator of the Sarstoon Temash National Park can lawfully be done. In
essence the villages on the outside of the Sarstoon Temash National Park just on the outside are saying that - that is their traditional lands that they have customary land titles to those lands and that it is unlawful for the government to give US Capital the right to go in and do drilling on their lands and especially to give permission to do that drilling without consultation and without their free prior and informed consent. Those are essentially the arguments that we put to the court and Mr. Barrow is going to reply tomorrow morning."
Daniel Ortiz
"What are your clients seeking ultimately should the court accept your submissions?"
Eamon Courtenay
"If our submissions are accepted the court is going to order that the permission granted to US Capital to go in is unlawful and it will strike down that permission. We are asking alternatively that there be an order that there be consultation, but that there be genuine consultation with our clients before drilling takes place in the National Park."
Greg Ch'oc, Executive Director - SATIIM
"We believe that it is fundamentality important to tie all of these rights formed by the court and international law that Belize has gratified to bring bearing on the government's issuant of development concession and one of them being oil development under the production sharing agreement."
Daniel Ortiz
"While your clients may have the moral authority, have they considered the financial expenditure which US Capital has invested in this particular project?"
Eamon Courtenay
"My clients have and the Petroleum Act itself says that a contractor will invest at his/her own risks. So the risk is as a matter of law on US Capital. Our clients stand ready to negotiate, to sit down to have discussions, constructive discussions not only about whether or not to go in, where to go in, how to go in, when to go in, what happens if oil is found, how do we minimize the impact and how do we share in the benefits. It's a whole range of discussions that would have to take place."
Tomorrow, Senior Counsel Denys Barrow will respond for the Government, and then US Capital's attorney, Michael Peyrefitte will also get an opportunity to present his client's position.
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