Constitution of Belize, 1981 BELIZE CONSTITUTION ARRANGEMENT of SECTIONS
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A Study of the Garifuna of Belize's Toledo District Alexander Gough
Indigenous identity in a contested land: A study of the Garifuna of Belize’s Toledo district Alexander Gough This dissertation is submitted for the degree of Doctor of Philosophy September 2018 Lancaster University Law School 1 Declaration This thesis has not been submitted in support of an application for another degree at this or any other university. It is the result of my own work and includes nothing that is the outcome of work done in collaboration except where specifically indicated. Many of the ideas in this thesis were the product of discussion with my supervisors. Alexander Gough, Lancaster University 21st September 2018 2 Abstract The past fifty years has seen a significant shift in the recognition of indigenous peoples within international law. Once conceptualised as the antithesis to European identity, which in turn facilitated colonial ambitions, the recognition of indigenous identity and responding to indigenous peoples’ demands is now a well-established norm within the international legal system. Furthermore, the recognition of this identity can lead to benefits, such as a stake in controlling valuable resources. However, gaining tangible indigenous recognition remains inherently complex. A key reason for this complexity is that gaining successful recognition as being indigenous is highly dependent upon specific regional, national and local circumstances. Belize is an example of a State whose colonial and post-colonial geographies continue to collide, most notably in its southernmost Toledo district. Aside from remaining the subject of a continued territorial claim from the Republic of Guatemala, in recent years Toledo has also been the battleground for the globally renowned indigenous Maya land rights case. -
Case of Maya Indigenous Communities of Belize, Inter-Am
REPORT Nº 96/03 CASE 12.053 MAYA INDIGENOUS COMMUNITIES OF THE TOLEDO DISTRICT BELIZE October 24, 2003 I. SUMMARY 1. This report concerns a petition presented to the Inter-American Commission of Human Rights (the "Commission”) against the State of Belize (the "State" or “Belize”) on August 7, 1998 by the Indian Law Resource Center and the Toledo Maya Cultural Council (the “Petitioners”). The petition claims that the State is responsible for violating rights under the American Declaration of the Rights and Duties of Man (the “American Declaration”) that the Mopan and Ke’kchi Maya People of the Toledo District of Southern Belize (the “Maya people of the Toledo District” or the “Maya people”) are alleged to have over certain lands and natural resources.1 2. The Petitioners claim that the State has violated Articles I, II, III, VI, XI, XVIII, XX and XXIII of the American Declaration in respect of lands traditionally used and occupied by the Maya people, by granting logging and oil concessions in and otherwise failing to adequately protect those lands, failing to recognize and secure the territorial rights of the Maya people in those lands, and failing to afford the Maya people judicial protection of their rights and interests in the lands due to delays in court proceedings instituted by them. According to the Petitioners, the State’s contraventions have impacted negatively on the natural environment upon which the Maya people depend for subsistence, have jeopardized the Maya people and their culture, and threaten to cause further damage in the future. 3. The State has indicated before the Commission that applicable law and the facts presented by the Petitioners are unclear as to whether the Maya people may have aboriginal rights in the lands under dispute, although at the same time it has recognized in negotiations outside of the Commission proceedings that the Maya people have rights in lands in the Toledo District based upon their longstanding use and occupancy of that territory. -
Private Lands Conservation in Belize
University of Colorado Law School Colorado Law Scholarly Commons Getches-Wilkinson Center for Natural Books, Reports, and Studies Resources, Energy, and the Environment 2004 Private Lands Conservation in Belize Joan Marsan University of Colorado Boulder. Natural Resources Law Center Follow this and additional works at: https://scholar.law.colorado.edu/books_reports_studies Part of the Dispute Resolution and Arbitration Commons, Environmental Law Commons, Environmental Policy Commons, Estates and Trusts Commons, Land Use Law Commons, Legislation Commons, Natural Resources and Conservation Commons, Natural Resources Law Commons, Natural Resources Management and Policy Commons, Property Law and Real Estate Commons, and the Tax Law Commons Citation Information Joan Marsan, Private Lands Conservation In Belize (Natural Res. Law Ctr., Univ. of Colo. Sch. of Law 2004). JOAN MARSAN, PRIVATE LANDS CONSERVATION IN BELIZE (Natural Res. Law Ctr., Univ. of Colo. Sch. of Law 2004). Reproduced with permission of the Getches-Wilkinson Center for Natural Resources, Energy, and the Environment (formerly the Natural Resources Law Center) at the University of Colorado Law School. AVAILABLE ONLINE ====================; • •~ ~ ...... ~ ~ ~ .~ PRIVATE LANDS CONSERVATION IN .~ BELIZE •_. -~ • ~ .. A Country Report by the Natural Resources Law Center, ...... University of Colorado School of Law ~ 4 .~ September 2004 ~ Sponsored by The Nature Conservancy Primary Author: Joan Marsan, NRLC Research Assistant KGA [email protected] 576 • M37 2004 Private Lands -
Belize | Freedom House
6/5/2020 Belize | Freedom House FREEDOM IN THE WORLD 2020 Belize 86 FREE /100 Political Rights 35 /40 Civil Liberties 51 /60 LAST YEAR'S SCORE & STATUS 86 /100 Free Global freedom statuses are calculated on a weighted scale. See the methodology. https://freedomhouse.org/country/belize/freedom-world/2020 1/13 6/5/2020 Belize | Freedom House Overview Belize is a democracy that has experienced regular rotations of power through competitive elections. Civil liberties are mostly respected. Government corruption is a concern, as is the high rate of violent crime. Authorities have been slow to address persistent problems of police brutality and human trafficking within the country’s borders. Key Developments in 2019 In March, the opposition People’s United Party (PUP) filed a Supreme Court claim against Prime Minister and Finance Minister Dean Barrow and an aide, for allegedly spending $645 million from Petrocaribe without parliamentary authorization. The court heard the case in November, with a ruling due in January 2020. The US State Department’s annual Trafficking in Persons Report noted two new human trafficking prosecutions, the first in four years. A long-running border dispute with Guatemala remains unresolved. In March, three Guatemalan gun boats blocked a Belize Coast Guard patrol from accessing the Sarstoon River, which is part of Belizean territory. Political Rights A. Electoral Process A1 0-4 pts Was the current head of government or other chief national authority elected through free and fair elections? 4 / 4 The prime minister, usually the leader of the largest party in the parliament, is head of government. -
In the Supreme Court of Belize, A.D. 2007
IN THE SUPREME COURT OF BELIZE, A.D. 2007 CONSOLIDATED CLAIMS CLAIM NO. 171 OF 2007 BETWEEN: AURELIO CAL in his own behalf and on behalf of the MAVA VILLAGE OF SANTACRUZ and BASILIO TEUL, HIGINIO TEUL, MARCELINA CAL TEUL and SUSANO CANTI Claimants AND THE ATTORNEY GENERAL OF BELIZE and THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT Defendants CLAIM NO. 172 OF 2007 BETWEEN: MANUEL COY in his own behalf and on behalf of the MAYA VILLAGE OF CONEJO and MANUEL CAAL, PERFECTO MAKIN and MELINA MAKIN Claimants AND THE ATTORNEY GENERAL OF BELIZE and THE MINISTER OF NATURAL RESOURCES AND ENVIRONMENT Defendants University Of Hawaii School of Law Library - Jon Van Dyke Archives Collection BEFORE the Honourable Abdulai Conteh, Chief Justice. Ms. Antoinette Moore for the claimants. Ms. Nichola Cho with Mrs. Andrea McSweeney McKoy for the defendants. JUDGMENT 1. The Claimants and the Nature of their case This judgment relates to consolidated claims which raise essentially the same issue. All the claimants have in common the fact that they are members of Maya communities in Southern Belize. The first set of claimants in Claim No. 171 of 2007, live in the Maya village of Santa Cruz; and the first-named claimant Aurelio Cal is the elected Alcalde of the said village of Santa Cruz and he brings this claim on his own behalf and that of the claimant village. The other co-claimants are all members of the said village of Santa Cruz. The second set of claimants in Claim No. 172 of 2007 live in the Maya village of Conejo, and the first-named claimant, Manuel Coy, is the elected Alcalde of Conejo Village and he has brought this claim on his own behalf and that of the said Conejo Village. -
Belize CARIBBEAN EMERGENCY LEGISLATION PROJECT (CELP)
CELP PROFILE Belize CARIBBEAN EMERGENCY LEGISLATION PROJECT (CELP) Legal Framework Constitution of Belize, 1981 Section 18 of the Constitution provides for the Declaration of a State of Emergency in Belize. According to the Section, ‘period of public emergency’ means any period during which - (a) Belize is engaged in any war; or (b) there is in force a proclamation by the Governor-General declaring that a state of public emergency exists; or Further, according to Section 18(9) the Governor- (c) there is in force a resolution of the National General may make such regulations as are Assembly declaring that democratic institutions in necessary or expedient for securing public safety, Belize are threatened by subversion. the defence of Belize, the maintenance of public According to Section 18(2) the Governor-General order and the suppression of mutiny, rebellion and may, by Proclamation which shall be published riot, and for maintaining supplies and services in the Gazette, declare that a state of public essential to the life of the community. Any such emergency exists. This power to proclaim a state regulations may empower such authorities or of emergency is effective only in circumstances persons as may be specified in the regulations where the Governor- General is satisfied that, inter to make orders and rules for any of the purposes alia, a public emergency has arisen as a result of for which such regulations are authorised by this the occurrence of any earthquake, hurricane, flood, subsection to be made and may contain such fire, outbreak of pestilence, outbreak of infectious incidental and supplementary provisions as are disease, or other similar calamity. -
General Assembly Distr
UNITED NATIONS A General Assembly Distr. GENERAL A/HRC/WG.6/5/BLZ/1 18 February 2009 Original: ENGLISH HUMAN RIGHTS COUNCIL Working Group on the Universal Periodic Review Fifth session Geneva, 4-15 May 2009 NATIONAL REPORT SUBMITTED IN ACCORDANCE WITH PARAGRAPH 15 (A) OF THE ANNEX TO HUMAN RIGHTS COUNCIL RESOLUTION 5/1 * Belize _________________________ * The present document was not edited before being sent to the United Nations translation services. GE.09- A/HRC/WG.6/5/BLZ/1 Page 2 I. INTRODUCTION AND METHODOLOGY 1. Belize is firmly committed to the protection and promotion of human rights as evidenced by its Constitution, domestic legislation, adherence to international treaties and existing national agencies and non-governmental organizations (NGOs). 2. Belizean culture, democratic history and legal tradition has infused in Belizean society and government a deep respect for those fundamental human rights articulated in Part II of the Belize Constitution. Such fundamental freedoms as the right to assembly, the right to free speech and the right to due process are vigilantly guarded by Belizeans themselves. 3. As a developing country Belize views development as inextricably bound to the fulfilment of human rights making the right to development a fundamental right itself as asserted by the Declaration on the Right to Development. Thus, the Government of Belize has consistently adopted a human rights based approach in development planning, social services and general policy formulation and execution. 4. Belize’s national report for the Universal Periodic Review has been prepared in accordance with the General Guidelines for the Preparation of Information under the Universal Periodic Review, decision 6/102, as circulated adopted by the Human Rights Council on 27 September 2007. -
Trevor Vernon Just Waiting for a Despotic Leader
Friday, June 29, 2007 The INdependent Reformer Page 1 The dependent IN Reformer Belize’s Rebel Paper Vol. 2 No. 25 Friday, June 29, 2007 $1.00 YYYankankankeeeeee RippaRippaRippa BushBush SerSerenadesenades CARICOMCARICOM It was a swell party, President George Bush inviting the heads of Caribbean governments to Washington, finally, as his days in the White House wind down. The regional leaders, seldom consulted even though they represent what some in the Beltway call the “soft underbelly” of the Americas as far as homeland se- curity is concerned, were given the chance to present their views, and needs. The conference, convened just a month after CARICOM heads ex- pressed some reluctance over pushing through a free trade agreement with the US, had that trade agreement as a cen- terpiece, although it was deftly sur- OAS top brass, Secretary General Jose Miguel Insulza, flanked by Permanent Representative of St. Vincent and the Grenadines Ambassador Elsworth John (left) and Assistant Secretary General Ambassador Albert Ramdin of Guyana (right) welcome Caribbean rounded by a host of issues including journalists to a seminar on June 18, the day before the opening of the Conference on the Caribbean violence in the region, health, tourism, education and investment. One key such as in the suggestion that a portion Bush at the US State Department, congress “review the Caribbean Basin component of the Conference on the of remittances should be used for in- Belize’s Prime Minister Said Musa at- Initiative Act and trade arrangements Caribbean was face to face meetings vestment rather than just to meet daily tended a question and answer session with the Caribbean. -
IN the SUPREME COURT of BELIZE, A.D. 2007 Claim No. 171 Of
IN THE SUPREME COURT OF BELIZE, A.D. 2007 Claim No. 171 of 2007 BETWEEN AURELIO CAL in his own behalf and on behalf of the Maya VILLAGE OF SANTA CRUZ and BASILIO TEUL, HIGINIO TEUL, MARCELINA CAL TEUL, and SUSANO CANTI Claimants and THE ATTORNEY GENERAL OF BELIZE and THE MINISTER OF NATURAL RESOURCES AND THE ENVIRONMENT Defendants Claim No. 172 of 2007 BETWEEN MANUEL COY, in his own behalf and on behalf of the Maya VILLAGE OF CONEJO and MANUEL CAAL, PERFECTO MAKIN AND MELINA MAKIN Claimants and THE ATTORNEY GENERAL OF BELIZE and THE MINISTER OF NATURAL RESOURCES AND THE ENVIRONMENT Defendants SKELETON ARGUMENT OF THE CLAIMANTS TABLE OF CONTENTS ISSUES PRESENTED AS AGREED UPON BY THE PARTIES ............................................................ 3 INTRODUCTION............................................................................................................................ 3 SUMMARY OF ARGUMENT........................................................................................................... 3 ARGUMENT .................................................................................................................................. 4 ISSUE I: Maya customary land tenure exists in southern Belize, as confirmed by the Inter-American Commission on Human Rights .................................................................... 5 ISSUE II: The Members of Conejo and Santa Cruz villages have interests in lands based on Maya customary land tenure, and the nature of those interests is in accordance with the customary patterns -
Concept Note Science Diplomacy and the Prevention of Conflict in The
CENTRE FOR STRATEGIC STUDIES, Concept Note Science DiplomacyPOLICY ANA and the PreventionLYSIS of AND Conflict in the Belize RESEARCH Guatemala Territorial Dispute The application of science diplomacy, defined as the harnessing of science and technology for the advancement of international relations, is posited as a relevant tool for conflict prevention in what for now may be considered a ‘managed’/non belligerent territorial dispute that exists between Belize and the Republic of Guatemala. In this context there is ample potential for the mitigation of border area tension through encouragement of interconnected multi track approaches at the official/diplomatic level (Track 1), non official (Track II), e.g. trans boundary collaboration between non government organizations, and between communities in mutually beneficial activities (Track III). Since 2000, border area relations between Belize and Guatemala have been subject to an OAS-brokered regime in the form of three successive agreements on confidence building measures (CBMs) to reduce tension and mitigate the potential for conflict. An agreed kilometer wide Adjacency Zone on the east and west side of the Belize/Guatemala border has been maintained to accomplish this. Guatemala maintains a territorial claim to half of Belize’s territory; a dispute inherited by Belize on attaining independence from the United Kingdom in 1981. The Parties are now engaged in preparation for simultaneous national referenda to determine whether to refer the matter for adjudication by the International Court of Justice. In September 2010 the Guatemalan Congress approved that the Government could proceed to hold the referendum there. The Government indicated to the Belize side that agreement on an early date for this was not foreseeable. -
Nationalsecurityanddefencestrate
1TableMANDATE of Contents 3 ACKNOWLEDGEMENT 4 EXECUTIVE SUmmARY CHAPTER ONE 5 THE STRATEGIC ENVIRONMENT CHAPTER TWO 7 NATIONAL SECURITY AND DEFENCE: VISION AND VALUES 8 NATIONAL SECURITY AND DEFENCE STRATEGY PILLARS 9 CORE NATIONAL VALUES CHAPTER THREE 12 NATIONAL SECURITY AND DEFENCE STRATEGY 12 CORE CONCEPTS AND REQUIRED CAPABILITIES 13 1 MAINTAIN THE SOVEREIGNTY AND TERRITORIAL INTEGRITY OF BELIZE 15 2 REDUCE LOCAL AND TRANSNATIONAL CRIME 18 3 PROVIDE THE NECEssARY ENVIRONMENT FOR A PROSPEROUS AND STABLE BELIZE. CHAPTER FOUR 23 MONITORING AND EVALUATION 23 PERIODIC STRATEGY REVIEWS 24 THE NATIONAL SECURITY AND DEFENCE STRATEGY: LEAD AGENCY RESPONSIBILITY 28 GLOssARY 29 REFERENCE The global security environment is faced with a complex set of threatsMandate that, to a large extent, is common to both the Central American and Caribbean regions. By extension, Belize is faced with similar threats to our national security emanating from local and foreign actors. The most troubling are threats to our sovereignty and territorial integrity, our prosperity, and law and order. Over the past year the nation and, indeed the world, bore witness to the Republic of Guatemala’s claim that it possesses sovereignty to parts of our territory. This is despite the demarcation executed by the British and Guatemalan Boundary Commissioner in the 1859 Treaty which clearly shows what comprise the 8867sq miles of Belizean territory – a demarcation that has since been observed and accepted in published maps and State practice. The Government of Belize is particularly concerned about the activities of the Guatemalan Authorities along the Sarstoon River in Southern Belize. The Government of Belize has been calling for the Republic of Guatemala and the Organization of American States (OAS) to join the effort to develop confidence building measures for the Sarstoon River. -
Belize 2020 Human Rights Report
BELIZE 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Belize is a constitutional parliamentary democracy. In the most recent national election, held on November 11, the People’s United Party won 26 of 31 seats in the National Assembly. Party leader John Briceno was sworn in as prime minister on November 12. The Ministry of National Security is responsible for oversight of police, prisons, the coast guard, and the military. The Belize Police Department is primarily responsible for internal security. The small military force primarily focuses on external security but also provides limited domestic security support to civilian authorities and has limited powers of arrest that are executed by the Belize Defence Force for land and shoreline areas and by the Coast Guard for coastal and maritime areas. Civilian authorities maintained effective control over the security forces. Members of security forces committed few abuses. Significant human rights issues included: allegations of the use of excessive force and inhuman treatment by security officers, allegations of widespread corruption and impunity by government officials, trafficking in persons, and child labor. In some cases the government took steps to prosecute public officials who committed abuses, both administratively and through the courts, but there were few successful prosecutions. Section 1. Respect for the Integrity of the Person, Including Freedom from: a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings There was a report that the government or its agents committed arbitrary or unlawful killings. A team from the branch of the security force responsible for a killing or other abuse investigates the allegation and then presents the findings, recommendations, and penalties to authorities.