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The Complexity of Boundary Delimitation
posted (February 21, 2022)
On Friday's news, we took you to the Toledo village of Santa Teresa. That's where leaders from that community and 3 of its neighbors gathered to sign boundary treaties.

They are trying to properly identify and demarcate their boundaries so that when the government finally completes the process of properly recognizing communal land tenure, land titles can be issued for the villages of the Maya community.

But, as viewers are aware, nothing in this struggle for community land rights is simple, and even this process can be challenged by the Government, which has the final say. Today, we took a closer look at the procedures that led to these boundary treaties which were signed last week. Daniel Ortiz reports:

The Delimiting Principles and Methodology, which has led to Santa Teresa signing boundary treaties with its neighbors: Laguna, Jordan, and Aguacate, is a process that previous government and representatives of the Maya communities painstakingly negotiated.

It is classified as a major point of progress coming from the previous Administration on the overall implementation of the 2015 CCJ judgment.

File: February 13, 2022
Leslie Mendez - Attorney for Claimants/Appellants

"Right before the change of government, the parties had agreed to a framework of implementation, a dispute resolution mechanism, where complaints of incursions, as were implemented, would be submitted, a method for delimitation and demarcation of boundaries. We had also agreed to collaborate together and work in partnership."

For easier consumption of the main elements, the organizations which are offering technical assistance to the Toledo Alcaldes Association and the villages themselves have shaved it down to an 8-step procedure.

Timoteo Mesh - Manager, Tenure Project, Julian Cho Society
"What we have done is to reduce it to this poster. We call it the 8 steps to auto-delimitation and titling. The first step is actually for the villagers to understand, to discuss what their rights are, and then, to have a debate about, okay, do we want this or not. Once they agree, then the second step comes, whereas one of the leaders have shown you documents where they identify who belongs in the village, who is in good standing, and then, the process of consent happens. Once the village consents, then the mapping process begins. The community then creates teams. They're called the community field guides. So, what the guides do is that they identify where the lands are, based on their knowledge, based on everyone's views. With help from the Toledo Alcaldes Association, a mapping process begins. It starts with a sketch map. The sketch map is where the village understands where the boundaries of their villages are, and who their neighbors are. And that's the first instance where disputes over territory with the neighboring village may arise. Of course, if that is the case, then the team deploys what is called the Boundary Harmonization Council. And of course, once that is resolved, the delimitation process begins, really, the technical mapping - which is the GPS process - begins. And once those are harmonized, then the villages discuss, indeed, is this what we want in the agreement. And of course, the leaders have to go back and ask their village. This is the draft map, the draft agreement, the final draft agreement, should we go ahead and sign? And once that consent is granted, that is what happens [like] today. The villagers - the communities meet, actually, to identify who signs on behalf of the village, and then, the process of signatures is made."

There is sound reasoning behind these steps, but, there is also a major hurdle that this methodology will eventually encounter. At some point in the near future, the Government will have to decide if it will accept this process as a fair and democratic assessment of community land ownership among the 41 Maya villages.

Timoteo Mesh
"Once these maps have been placed in agreements, and the agreements signed, then, of course - they're called the Village Delimitation Maps, #5, then they're handed over to the Government of Belize for verification. And that verification, of course, is through the government's agreeing to hire a surveyor to come in and ensure that the maps being submitted by the villages are technically sound. Once it's accurate, then, our expectation is that the government will produce a village plan. It will 'reprint' the village map into an official government village plan. And that is the document that will be attached to the title, hopefully when the law clearly states how the titling of Maya villages will happen. And the 8th step then is [that] the village then applies for a title with the accompanying map that has been verified by the government."

And more importantly, what if the Briceno Administration challenges or rejects the results that have come from the Delimiting Principles and Methodology?

Timoteo Mesh
"As you've understood, there are 22 villages that have consented and started the process, and of course, some are arriving now at step 5, completing the pillaging process. And now, we're getting ready to submit these maps to the Government of Belize."

Cristina Coc - Spokesperson, MLA/TAA
"It would certainly be a move of bad faith on the part of the government not to honor the efforts of these communities. They've spent long hours in the bush. They've spent many nights thinking about how they're going to clarify these boundaries. So, I impress upon the state to recognize and respect the efforts of these communities."

Domingo Bah - President, TAA
"It is not [for] the government to decide for us. It is us in the community. I am from a community as well, and I know what I want for my community, for the future of my community, and no government will stop us. They will come with a lot of obstacles in the way, just to distract the process, or to have the process at a stand-still."

Wallace Cucul - Chairman, Laguna Village Council
"In case the government doesn't believe, well, I believe they have representatives who can come to our villages and witness it, by the approval of the people. They can ask for a community meeting so that everybody goes to the meeting, and they can hear for themselves first hand."

Orlando Choc - Chairman, Jordan Village Council
"It's not just the leaders who are doing this. It's the community. I think the Government of Belize has to respect the decision where the Maya people have proven that, yes, this is what they want in their villages. It's a big load on us as a leader. We struggled and we heard the cries of our people that this is what we need in our lands. So, we did it."

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