Last night, we told you about day 1 of the lawsuit that the Maya of Jalacte, Toledo have brought against the Government of Belize.
They say that the Government made a major misstep when it upgraded the Jalacte Road, and built the BAHA substation and a Medfly Inspection Center on their village's communal lands.
As we told you, those were constructed back in November 2014, and the Government was attempting to raise the standard of living for Belizeans in the most remote part of the country. Before it was properly paved, the Jalacte road was in terrible condition.
To assist the farmers from Jalacte and the surrounding communities, the Ministry of Natural resources constructed the BAHA Agricultural Outreach Station, and because this was around the time that Mediterranean Fruit-fly was suspected to be near Belize's borders, the Government set up an inspection center.
The Maya aren't complaining about the developments themselves, but rather, the negative effects that they say that the construction has had on their communal farm lands. They say that the land and the sources of water for irrigation were degraded, and moreover, the Government didn't consult with them about the parts of their land that was seized for use in the construction.
The Government disagrees, and asserts that they did consult, but more importantly than that, they say that there was a public health issue that was more important than the rights of individual citizens. At the adjournment of day 2 of the trial, we got a chance to speak with the Solicitor General about the submissions he made to counter the claim from the Maya for millions of dollars in compensation. Here's what he had to say:
Nigel Hawke, Solicitor General
"I won't say the exact figure because it has to be asses, but it's in the millions and some of the things that they are seeking, the court has to deal with because there is a part to give a report, we have to question that, but some of them are to me "outlandish" - the matter is before the court so I won't comment too much on that."
"Our position is really that the construction of the highway happened long before the 2015 decision of the CCJ and as a consequence, we are saying there would have been consultations with the village, the leaders of the village and members of the village before that construction would have happened. In fact, there was an environmental impact assessment done and all of that. So we're saying first, it happened long before the actual decision because I've heard assertions that we violated the order of the CCJ. So that needs to be put right, our assertion is that it happened before. The second point we are making is that when you look at when they brought this claim as against when the actual cause of action arose, we're saying they're way out of time. We're saying, on the consequences of delay, the case ought not to go forward. And then there are two other fundamental points, even if we use the argument that the CCJ decision looms large, part of that same consent order says that the constitutional authority of the Government of Belize remains. And we are saying, one of our defenses is that at that time there was a serious outbreak of med-fly disease. Our position is, are you telling us that if there is a terrible outbreak of some disease and for the preservation of life, safety of members of the public generally, we are not allowed to do anything as a government in that area? If you have a medfly outbreak and its allowed to spread throughout Belize, it could cripple our economy. We have a large agricultural economy. So our position is, because of one of the exceptions, that's an exception to your fundamental right where there is some great emergency in terms of public health, we are saying the incidences of your fundamental rights are somewhat eroded in those circumstances."
The case has not concluded as yet. Justice Michelle Arana has adjourned it for continuation on November 14th and 15, when the Government's expert witnesses will be allowed to finish up their testimony.
Email
Print