Last night, we gave you a close-up view of the process that several of the Maya Communities of Toledo have used to identify and agree among themselves on where boundaries for each village should be.
It's part of the overall push to implement the 2015 Judgement from the Caribbean Court of Justice that the Government of Belize should identify and properly protect community land ownership.
The representatives of the Maya and the Government of Belize are due back in court in a few months for another Compliance hearing. And part of that agenda will surely be the disagreement over the Free Prior Informed Consent Protocol which the Briceno Government has finalized and filed with the court.
We've shown you the intricacies of that dispute, but last Monday, Greg Ch'oc, Commissioner of Indigenous Peoples Affairs, wrote a lengthy, 9-page letter to the Deputy Registrar of the Caribbean Court of Justice.
In that communiqué, Ch'oc goes into great detail to explain and justify why certain decisions were taken.
Despite the loud protests from Maya Leaders Alliance, the Toledo Alcaldes Association, and the Julian Cho Society, Ch'oc, said, quote, "The Government considers this to be a historic achievement which paves the way for the respectful dialogue with the Maya Villagers..." End quote.
He then goes on to dispute the assertions from the dissenting organizations that they were not consulted. He insists that the previous administration only consulted with the TAA and the Julian Cho Society. This new Ministry of Indigenous Peoples Affairs has conducted "inclusive and extensive consultations" With the other Maya Rights Organizations which they believe have equal standing in the case.
Interestingly, Ch'oc letter says, quote, "In our view, the only reason the TAA rejects this FPIC Protocol is because they intend to arrogate exclusively to themselves the voice of the Maya People. Such exclusivity is contrary to the principle of Maya Customary Law..." Villagers are the only authority to make decisions on any and all matters that may affect their village(s)"
He then touches on the complaints of the word choice of "consultation" and "consent".
The arguments to the CCJ on that matter are similar to the ones he made when he and Minister Dolores Balderamos-Garcia visited the villages of the Maya villages of San Pedro Colombia and San Antonio. Here's that part of their information campaign several days ago:
Greg Ch'oc - Commissioner, Indigenous Peoples Affairs
"If you're doing a process to accept, then there is no process to say, I don't want it. That was what was wrong with the first protocol. It is a protocol that geared the community toward consenting. There was no option to say no, we don't want it. And I want to turn you to the section, Number 12, under Customary Decision Making. Part 12 number 16, is what the Government of Belize has recognized. It is unprecedented. It is perhaps the first in the Americas. It says if consent is withheld, and a Maya village or villages are clear that they do not consent to the proposed administrative measures, there the consultation process is over. And no administrative action may be taken. It's done. You said no. So, it is consultation because it has to be free, prior, and informed. So, when you say, I consent, it is because you fully understood why you accepted. And if you say no, likewise you fully understood why you say no."
Later on, in the week, we'll have more on this topic, and tomorrow, representatives of the MLA, TAA, and the Julian Cho Society will appear as guests on this week's edition of UNCUT.
| 