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It will be amongst the last judgments issued by the Chief Justice as he retires and his findings were decisively against the government.

For the Mayan Leaders Alliance, which has been formally in the struggle for communal rights since the ten point agreement of 1997, today's judgment is another rousing re-affirmation of their rights to communal lands. But then again, the courts did much the same for them in 2007, and it hardly made a difference on the ground.

And that's why the Mayas went back to court in June of 2009 to get a blanket declaration for all 33 Mayan villages in the Toledo district. The decision was handed down today one year later and the Mayas won every relief they sought except damages. Special correspondent Janelle Chanona found out what it means and what will happen next.

Antoniette Moore, Claimants Attorney
"There's a great deal of anticipation for this judgment and I of course as the lead local counsel am a little nervous. I'm also very excited to have this judgment come on this day and we'll see where we go from here."

In was in that atmosphere and to a packed courtroom that Chief Justice Dr. Abdulai Conteh handed down his decision in claim number 366 of 2008, which he referred to as a sequel to the Maya Land Rights case. Viewers should recall that in October 2007, the CJ found that the villagers of Santa Cruz and Conejo were entitled to customary land tenure rights. After the Government failed to implement that ruling, the Maya Leaders Alliance and the Toledo Alcades Association and others moved a new case to have the CJ declare that all Mayan villages in the Toledo District were entitled to such rights and subsequently the protection of the Constitution.

Janelle Chanona
"During the delivery of his two hour long decision, the CJ found and held that Maya Customary land tenure right does exist in all thirty-three villages in the Toledo district. That there are historical, ancestral, social and cultural continuity between the claimants and the indigenous inhabitants that entitle them to lay claim to customary land tenure rights in what is today the Toledo district. On the issue of extinguishment, the CJ found that the claimants rights to customary land tenure were not extinguished by formal distribution of leases and titles by colonial settlers or any such law or act. And finally, the Chief Justice held that undoubtedly the claimants possess rights and interest to lands in the Toledo district and those rights constitute property which entitle them under protection of the constitution to seek redress in the courts for any breach."

The CJ would go on to reaffirm his October 2007 ruling and declare that the Government is obligated to adopt and protect the Constitutional rights of the claimants regarding customary land tenure. In order to achieve that protection, the CJ ordered the Government, in consultation with the Mayans, to devise legislative and administrative measures to create a mechanism to protect land tenure practices. Finally the Chief Justice ordered that until such a mechanism is created, the Government should cease and abstain from any action that goes against land tenure practices specifically, not to issue any leases to lands or resources, registering any interest in land and that any concessions for logging, mining or petroleum exploration be done in consultation with the Mayan communities. The CJ said he made sure his decision was sweeping for the purpose of securing enforcement in these proceedings.

Cristina Coc
"All I can say at this point is that, the exercise of justice is joy for the righteous."

Greg Cho'c
"Words can't describe my emotions. Fifteen years of work, it's an overwhelming joy to know that the justice system in this country finally begins to render the justice that those seek and I can only be extremely happy that a group like the Maya community have mustered the courage to seek justice, to seek a space, to seek a voice, in their future and the future of this country."

Lois Young, Government's Representative
"I think it will go on appeal, it's huge. It's going to cause such a problem. I don't see how it can't go on appeal. It deserves to go on appeal. Not to be spiteful one party on the other but something of this size, has to be tested in an Appellate court."

Antoinette Moore
"I don't the possibility of an appeal or the eventuality of an appeal actually tempers our victory. It is a victory of justice as I believe Ms. Coc just said, it's a victory for the rights of all Belizeans and the fact of an appeal does not temper that whatsoever. We are extremely happy, extremely pleased and we look forward to a higher court confirming these same rights."

From the outset, the Government's attorneys have rejected the Mayans position, insisting that the villagers are not entitled to any relief because they do not have customary land tenure rights.

Lois Young, Government's Representative
"I think that he may not have dealt with Dr. Jaime Awe's evidence in the amount of detail that he should have or given it the weight that it should have been given. I have to read the judgment and see."

"What we are saying is that they have not proven that they are not direct descendants of the Manche Chol. Remember, they are to prove the case. It is not for us to prove that they are not you know. They are to prove that they are the indigenous people and from the very start, we have said that they are not the direct descendants of the Manche Chol."

Greg Cho'c
"The Honourable Prime Minister has had second thoughts on a number of important issues for this country. I'm hoping that this is one of those important issues that he will have a second thought. It's a quantum leap for justice in this country; it's a quantum leap for Belize on a whole. I hope that we can move towards the kind of reconciliation that the Chief Justice spoke about, we want to develop, we want to contribute and I believe the Government wants to ensure that every Belizean have the opportunity to contribute to their own development."

But while an appeal appears inevitable, Moore says the immediate impact will be respect, the first step of reconciliation.

Antoinette Moore
"The owners of the surface have something to say with respect to the exploration of resources underneath their land. Up to this point the Government was conducting itself as if that land was crown land, national land and so the Maya people were essentially blocked out from any consideration with respect to what is beneath their land. They are not claiming that they have a right and a say with respect to what happens."

"They have sat at the table with each Government, they've talked to everyone and anyone who listened, they've attempted to negotiate a resolution without coming to court and in fact one of the results of those discussions was the ten points of agreement so the Mayan people are clearly desirous of cooperating with, acting as a partner to the Government of Belize. The Maya people are Belizean, not withstanding what the Government of Belize argued in this last case, the Mayan people are proud to Belizean and proud to be indigenous peoples."

We do note that in today's judgment the CJ made reference to the fact that it would be reasonable to extend the customary land tenure rights to the five Mayan villages in the Stann Creek district, he could not make a formal ruling as such because it did not form part of the original claim. The Mayan communities have also been granted their court costs. As we noted at the top, they did not qualify for damages because the Chief Justice said they couldn't show any "deprivation" as outlined in law....