The Government of Belize and Maya from Southern Belize are back in
court this week, arguing over customary land rights. Attorney Antoinette Moore
is representing villagers from twenty-three villages in the Toledo district
as well as several village alcades who are asking the court to protect their
Constitutional rights to property and equality. This morning Moore maintained
that her clients are not asking for anything they aren’t entitled to.
Antonette Moore, Attorney for Mayans
“They are asking for protection from infringements upon their land
until their lands can be titled through the government of Belize. This is a
matter in which there has been some controversy as to whether this is imposing
upon all the villagers the customary land tenure system of the Maya and it certainly
is not. In my opening I said very clearly to the court that the claimants are
seeking protection until the lands can be titled if they so choose. So if the
villages determine that they do not wish to pursue a communal title and under
the customary land tenure system there is no imposition, they certainly are
free to do whatever they have to do.”
Janelle Chanona,
Miss Moore can you clarify who exactly you are seeking protection from?
Antonette Moore,
“From the government of Belize and the infringements, unfortunately
that have occurred over many years. The one primary example which really brought
us back to this court is what happened in Golden Stream. In Golden Stream there
was a non-Mayan individual who claims to have a lease however there is no evidence,
now that we are at trial, that he has a lease other than him saying that.
The mere claim of this individual to have a paper lease was seen as superior
to the customary land tenure of this Mayan farmer and the village. And so that
is really what started this, in a sense. Obviously you all know that this is
a matter that goes back many years but what started this round of the dispute
was this incident but there are many, perhaps many is going too far, but there
are a number of instances where Maya farmers are treated in a discriminatory
manner. They are treated as if their property rights are less than the property
rights of other Belizeans who have a paper perhaps. And so this is why now they
are seeking to have a paper and protection over their land so that their land
rights and other rights will not be infringed upon.”
And paper is not only at the heart of this case, it is threatening
to drown the court. Moore has filed no less than fifty-one affidavits from villagers
and alcades as well as experts on the history of the Maya and their occupation
in what is now Southern Belize.