Before the time of so-called civilization, who are these people that were roaming

the vast lands? The people who were then confined to restriction and boundaries
of their own belongings. Ripped from rights and discriminated for their origins,
these people are given many variations on names. So who are these people?
They are the indigenous people.
Indigenous people groups are descendants of the first individuals or tenants of
grounds before these terrains were assumed control or vanquished by others.
Numerous indigenous people groups have kept up their customary societies and
personalities. In this manner they have an in number and profound association
with their tribal regions, societies and characters. 1
UNDRIP is a statement containing an assertion among governments on how
indigenous people groups ought to be dealt with. It is a declaration outlining the
rights of indigenous people and also known as the most important development
for protection of rights and freedom. UNDRIP contains 24 preamble paragraphs
with 46 articles that portray particular rights and moves that administrations
must make to ensure these rights. All the articles are critical, connected to one
another and structure a casing for governments to verify that the privileges of
indigenous people groups are secured.
The sole purpose of UNDRIP is to prevent the discrimination and protection of
minorities. "Affirming that indigenous peoples are equal to all other peoples,
while recognizing the rights of all peoples to be different, and to be respected as
such." Furthermore, it also mentioned that "A landmark declaration that brought
to an end nearly 2 decades of continuous negotiations over the rights of native
people to protect their lands and resources and to maintain their unique cultures
and traditions."
With sighting of the Mayan case, let's first take a look at the insides of the case
itself. The main request made by Conteh CJ in the moment case was to reaffirm
his before judgment in the Maya Land Rights case. Before setting off to a thought
of some of 142 the powers alluded to by the gatherings, it might subsequently
additionally be useful to consider quickly Conteh CJ's judgment all things
considered.2
On behalf of the claims were represented by the members of Maya Communities
of southern Belize on behalf of the members of the villages of Santa Cruz and
Conejo. The nature of the proceedings in this case(at paras 2 and 3 of his
judgment given on 18 October 2007) was summarised by Conteh CJ. 3
..
1
http://www.unicef.org/policyanalysis/rights/files/HRBAP_UN_Rights_Indig_Peoples.
pdf
2 file:///C:/Users/user/Downloads/Civil-Appeal-No-27-of-2010-Attorney-General-ofBelize-et-al-and-Maya-Leaders-Alliance-et-al-.pdf

Evidentiary issues that have been illustrated in this case involving indigenous
people are shown by the proof proclaimed by the members of the various Toledo
Maya communities themselves. First problem brought forward is the damage
being done to Santa Ana village lands. Illegal logging was being done on these
lush lands by individuals outside of the community and not companies. As they
cause serious damages to the lands and were not given permission by the
villagers, these illegal loggers make their profit through selling these logs that
had been cut down in their township. It is known that in the past even some of
the villagers of Santa Ana had been prone to log however after various
consideration and understanding an agreement was made amongst the villagers
since 2007 that they would stop logging and anything pertaining to it as well.
The recent events pose a threat on our land as there have been occasional visits
from the Lands Department and private surveyors. These conducts on surveying
the Santa Ana village land seem to be in appropriate and inconveniencing for the
villagers and seek to justice from preventing such invasions as only by these
methods does the villagers seems to have lost their holdings on the land and the
community claims the rights of more of their lands. This is all caused by the
government's actions of selling the villagers lands leaving them landless and no
place to be bounded too for their future generations as well. Due to lack of
concern shown by the government matters were held to be taken by the villagers
themselves where the villagers stopped the surveyors from doing so in their
lands. No harm was caused by both parties but the prevention of these events in
future would be more tactful.
The next issue that was discussed by the community is with regards to the Maya
customary land residency in Santa Ana. There are certain rituals that are carried
out by the community for the recruitment of a new person. However, these
rituals are not followed by people from other countries hence they affect and
disrupt the system of the villagers and deprive their privileges. Furthermore,
farming is also done by the village in order to fulfil their daily meals and also to
be sold to make some income. However, due to the recent activities of the
government in leasing these lands to the outsiders had made it impossible for
them to get their crops and also make their every day meals.
Further explanation of the villagers ordeals were explained by the chairman of
the Toledo Alcaldes Association and co-spokesperson of the Maya Leaders
Alliance. It was mentioned by them that here are approximately 38 Maya groups
as of now involving grounds in Toledo District, some piece of the bigger
indigenous Maya individuals of Mesoamerica. Their property utilization examples
are administered by an arrangement of for the most part unwritten standard
standards and qualities, whereby "Maya towns hold arrive on the whole, while
people and families appreciate subsidiary, auxiliary privileges of utilization and
inhabitancy". Inside of the towns, utilization of area by people and families is
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managed by custom, under the power of the chose alcalde, executive and the
villagers by and large.4
Various logging concessions conceded by GOB over the territory possessed by
Maya groups in the mid-1990s made much concern in the groups, bringing about
open challenges and gatherings with different open authorities, including the
then Prime Minister. Those endeavors having fizzled, the Maya authority initially
recorded a case against GOB in the Supreme Court in 1996, however, for no
good reason, this matter did not advance to a determination. Accordingly, in
1998, the Toledo Maya Cultural Council ('TMCC') presented a request to the InterAmerican Commission on Human Rights ('IACHR') against GOB for the benefit of
the Maya groups of Toledo, claiming different infringement of rights revered in
the American Declaration of the Rights and Duties of Man and different
instruments of worldwide law, for neglecting to ensure Maya rights. This appeal
started IACHR Case No. 12.053, Maya Indigenous Communities of the Toledo
District v Belize ('the Maya Indigenous Communities case'). 5
It was also mentioned by the petitioners regarding the problems faced by the
allowance of logging in their grounds and also the negative impact this occurs on
the environment. Furthermore, the effects that had proceeded due to the
allowance for oil exploration in the Toledo District has also created many
negative effects on the land as well, it has also ruined their livelihood.
In order to make an understanding with all parties, there was an agreement
disclosed with clauses that complemented the terms between GOB and the Maya
Leaders. The clauses are that was mainly highlighted were clause three that
compelled a partnership between GOB and the Maya Leaders. Clause six
mentioned that the rights of the people of Maya to their lands and resources in
the region south of Belize with respect to the duration of the occupancy of the
community. Followed by a clause stating the partnership between these parties
once signed should tackle the needs of the needs of the lands by the Maya
community and be allocated within four months of the signing. However, the
agreement was not a success, where it was seen that GOB gave a merits for the
petition.
The case concludes with IACHR report stating that The State abused the privilege
to property revered in Article XXIII of the American Declaration to the burden of
the Maya individuals, by neglecting to take compelling measures to perceive
their mutual property right to the terrains that they have generally involved and
utilized, without disservice to different indigenous groups, and to delimit, outline
and title or generally settled the lawful components important to illuminate and
ensure the domain on which their right exists. 6

4 file:///C:/Users/user/Downloads/Civil-Appeal-No-27-of-2010-Attorney-General-ofBelize-et-al-and-Maya-Leaders-Alliance-et-al-.pdf
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Furthermore, The State further abused the privilege to property revered in Article
XXIII of the American Declaration to the drawback of the Maya individuals, by
allowing logging and oil concessions to outsiders to use the property and assets
that could fall inside of the terrains which must be delimited, outlined and titled
or generally illuminated and secured, without successful interviews with and the
educated assent of the Maya individuals. 7
The State abused the privilege to equity under the watchful eye of the law, to
equivalent security of the law, and to non-segregation revered in Article II of the
American Declaration to the burden of the Maya individuals, by neglecting to
give them the insurances important to practice their property rights completely
and just as with different individuals from the Belizean populace. 8
Finally, The State damaged the privilege to legal security cherished in Article
XXIII of the American announcement to the impediment of the Maya individuals,
by rendering household legal procedures brought by them ineffectual through
nonsensical postponement and subsequently neglecting to give them powerful
access to the courts for insurance of their principal rights.
To answer the question of how does UNDRIP assisted in the judgement delivery
can be witnessed by the citation of the United Nations Declaration on the Rights
of Indigenous People where it was openly mentioned the ownership of a free land
needs the consent from the occupancy that had been originated from the said
place.
This decision was handed down adding to an unbroken chain of affirmation of Maya customary rights
to traditional territories, Pablo Mis, of the Maya Leaders Alliance, wrote in an email. Most notable is
the declaration of Belizes obligation under international law to protect the Indigenous Peoples, especially
when granting extractive concessions on Maya lands where FPIC must be secured prior to any
granting/approval.9

Hazardously, while Justice Arana's choice reaffirmed the rights to FPIC for the
Mayan individuals, it missed the mark concerning negating US Capital's current
permit to investigate and endeavor oil saves in Sarstoon-Temash National Park.
The permit should lapse toward the end of April, however on April 23rd the
administration chose to waive the close date, even as it pledged to counsel the
Mayan groups in respect to whether the permit ought to be replenished after it
lapses. US Capital cases to be want to start penetrating in mid-May. Meanwhile,
the groups have requested that the court issue a directive to prevent the
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8
9 http://firstpeoples.org/wp/belize-supreme-court-rules-in-favor-of-indigenousrights-again/

administration from permitting the oil organization to proceed. Equity Arana is on

debilitated leave, in any case, and a listening to date has not been set. 10
However, with the nonstop greed for further development by the government
and modernization it has been more then aware by the Indigenous organizations to be
anticipating more cases and trouble for the future as this has only crapped the surface of the problem and
the fight is not done. They have been reaching out to people asking for support and guidance as the oil
company and the government are putting on a more tremendous fight for them hence, the Maya People
have opted to campaign and is rebellious against what they truly earn and deserve.
Its been many times that the members of the Maya People in the south region of Belize emphasized that
their people are not against the development of their region, however, the government and people in
general should have more emphasis on the needs of the environment. The nature of man and greed causes
them to shadow the decision making process to enrich and suggest the best decision for the environment
itself other then looking at profit and future investment. With respect to the courts judgement a statement
was released by The Maya Leaders Alliance (MLA) and Toledo Alcaldes Association (TAA)both partners
of SATIIMstating that:
The MLA and TAA reiterate that we would prefer to resolve these issues through dialogue with our
government on the premise that our land rights exist, and invite the Attorney General, the Minister of
Natural Resources, the Ministry of Forestry and Sustainable Development and the Ministry of the
Environment to end the need for further litigation; to come to the table with the Maya people and work out
how to regularize our rights, which can no longer be denied. We want to get to work demarcating and
registering our lands, so that both the Maya and Belize as a whole can focus on the more important work of
improving the lives of all Belizeans with sustainable development that preserves the environment on which
we all depend.11

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