7 News Belize

The Premise Behind SATIIM's Pending Challenge
posted (July 24, 2013)
Courtenay is also the attorney for SATIIM and four villages – who are suing government and US Capital Energy for various breaches in the Sarstoon Temash National Park.

As they explained at yesterday's Punta Gorda Press Conference, they want the villages to exercise informed consent over the activities of US Capital Energy in the Park. Courtenay – who couldn't make it to PG yesterday - explained -




Eamon Courtenay, S.C. - Attroney for SATIIM
"This is in my view a very simple case - does the law of Belize allow commercial drilling in a National Park? That's the question - second question is - does the law of Belize allow the Government of Belize to allow commercial drilling in communal lands of the Maya indigenous people without their consultation, without their informed consent, without their permission? The question of whether we are going to allow a non-Belizean oil company and rape the National Park in the search for dollars and trampling on indigenous rights and environmental protection - is a very stark case and we will see which side the government takes. The law as it stands is as it was pronounced by Chief Justice Conteh and the rights of indigenous people must be respected. The law of Belize says that that land is owned by the indigenous people and they have certain rights in relation to that. Their rights are to be involved in the exploitation of the resources below their land. It does not mean that the Government of Belize cannot give a permit - it does not mean that an oil company cannot participate or drill etc. What it means is that they must be in compliance of the law which requires consultation, engagement with the indigenous people and of course US Capital is doing this with the blessing and permission from the Government of Belize and so the claim is also challenging the legality of that permission that has been granted by the Government of Belize."

Jules Vasquez
"Now you all will be seeking an injunction against US Capital Energy?"

Eamon Courtenay, S.C.
"Yes we are seeking an interim injunction against US Capital to stop them from going any further depending the outcome of the case. Based on the experience that we have seen, particularly in the OCEANA case, we have joined our company, we have joined all the relevant ministers so no one will be able to say that no declaration or no order that is made by the court is not binding on them."

No date has been set for the injunction hearing, but the court is expected to go on recess soon, so Courtenay is pushing to have the hearing before that time.

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