In the Supreme Court of Belize, A.D. 2007
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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. -
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. -
Biocultural Factors in School Achievement for Mopan Children in Belize
DEBORAH L. CROOKS / UNIVERSITY OF KENTUCKY Biocultural Factors in School Achievement for Mopan Children in Belize We were once much smarter people. into traditional statistical models of biological anthro- —Maya caretaker at archaeological site, Toledo District, Belize pological research is difficult because of the distinctly different nature of the two kinds of data produced. One MOPAN MAYA CHILDREN of San Antonio, Toledo, Be- approach to this problem is discussed by William lize, face a number of challenges to their success in Dressier (1995), who advocates using ethnography up school. Mayan ethnicity, language, and traditional eco- front in the research design to construct culturally nomic strategies are rendered disadvantageous for meaningful variables that can then be quantified for school achievement by historical, social, cultural, and testing. Resulting models are able to account for local economic forces. Statistics on poverty and child growth levels of meaning within the framework of "scientific" indicate that Mayan children are poorer and more research. poorly nourished than other Belizean children, and they Another approach is that taken by Thomas Leather- do less well on national achievement exams. In addi- man (in press) and Brooke Thomas (in press). This po- tion, they attend school structured on the British model litical-economic approach uses quantitative measures and taught in English. In the past, biocultural ap- of biological outcome but contextualizes the numbers proaches might model a causal pathway from poverty to by focusing "upstream" on conditions that produce nutritional status to cognitive development to school stress and either facilitate or constrain coping re- achievement. But the interrelationships among poverty, sponses. -
Copyright by Daniel Aaron Law 2011
Copyright by Daniel Aaron Law 2011 The Dissertation Committee for Daniel Aaron Law Certifies that this is the approved version of the following dissertation: Linguistic Inheritance, Social Difference, and the Last Two Thousand Years of Contact Among Lowland Mayan Languages Committee: Nora England, Co-Supervisor Brian Stross, Co-Supervisor Patience Epps David Stuart William Hanks Anthony Woodbury Linguistic Inheritance, Social Difference, and the Last Two Thousand Years of Contact Among Lowland Mayan Languages by Daniel Aaron Law, B.A.; M.A. Dissertation Presented to the Faculty of the Graduate School of The University of Texas at Austin in Partial Fulfillment of the Requirements for the Degree of Doctor of Philosophy The University of Texas at Austin May 2011 Dedication To Editt, Jarom, Eli and Lucas And to Gammy, for her good genes. Acknowledgements While dissertation-making is a dismally solitary task, I could not have done it alone. I gratefully acknowledge the generous help, support and encouragement that I have been fortunate to receive throughout my academic training from many individuals and institutions. I have been truly fortunate to have excellent and dedicated mentors and colleagues who encouraged me to continue with my studies and gave me both the tools and the confidence to see it through to the end. Nora England, who co-chaired my dissertation committee, has been unfailingly generous with her time and expertise. Her candor and insight in evaluating my work in embryo has improved my research and pushed me to expect more of myself. My other dissertation committee members also deserve recognition for their support and expertise. -
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 -
In the Court of Appeal of Belize, Ad 2010
IN THE COURT OF APPEAL OF BELIZE, A.D. 2010 CIVIL APPEAL NO. 30 OF 2010 BETWEEN: BRITISH CARIBBEAN BANK LIMITED Appellant AND THE ATTORNEY GENERAL OF BELIZE First Respondent THE MINISTER OF PUBLIC UTILITIES Second Respondent CIVIL APPEAL NO. 31 OF 2010 BETWEEN: DEAN BOYCE Appellant AND THE ATTORNEY GENERAL OF BELIZE First Respondent THE MINISTER OF PUBLIC UTILITIES Second Respondent BEFORE: The Hon. Mr Justice Morrison Justice of Appeal The Hon. Mr Justice Alleyne Justice of Appeal The Hon. Mr Justice Carey Justice of Appeal Eamon Courtenay SC and Mrs Ashanti ArthursMarin for the appellant British Caribbean Bank Limited. Godfrey P. Smith SC and Mrs Magali Marin Young for the appellant Dean C. Boyce. Ms Lois Young SC and Nigel Hawke for the respondents in both appeals. __ 25, 26, 27 and 28 January 2011, 24 June 2011 MORRISON JA: An overview [1] By section 3 of the Belize Telecommunications (Amendment) Act, 2009 (‘the Acquisition Act’), which came into force on 25 August 2009, the Belize 1 Telecommunications Act (‘the Telecoms Act’) was amended to add a new Part XII (sections 63 to 74). Section 63(1) of the Telecoms Act, as amended, now provides among other things that where the Minister of Public Utilities (‘the Minister’) considers that control over telecommunications should be acquired “for a public purpose”, he may acquire for and on behalf of the Government of Belize (‘GOB’), “all such property as he may, from time to time, consider necessary to take possession of and to assume control over telecommunications, and every such order shall be prima facie evidence that the property to which it relates is required for a public purpose”. -
By (Under the Direction of Elois Ann Berlin) Knowledge of The
CHILDREN’S ETHNOECOLOGICAL KNOWLEDGE: SITUATED LEARNING AND THE CULTURAL TRANSMISSION OF SUBSISTENCE KNOWLEDGE AND SKILLS AMONG Q’EQCHI’ MAYA by REBECCA KRISTYN ZARGER (Under the Direction of Elois Ann Berlin) ABSTRACT Knowledge of the biophysical environment is acquired through participation in cultural routines and immersion in a local human ecosystem. Presented here are the results of a study of the cultural transmission of traditional ecological knowledge (TEK) in Q’eqchi’ Maya communities of southern Belize. Qualitative and quantitative methods provided means to describe learning pathways and distribution of subsistence knowledge and skills among children and adults. Data collection focused on situated learning and teaching of TEK during childhood, as very little research of this type exists. Subsistence strategies and local cognitive categories of flora and fauna were documented using methodological approaches from ethnobiology. Food production and preparation, harvesting of herbs, fruits, and medicines, hunting and fishing activities, and construction of household items were included in the domain of subsistence. Systematic behavioral observation, ethnographic interviews, and participant observation provided data about formal and indigenous educational systems. Learning and teaching processes are shaped by cultural belief systems, ecology, socioeconomic institutions, and gender roles. Methods for describing development of expertise in TEK during childhood included pile sorts, freelists, child-guided home garden surveys, and a plant trail in the primary research site. Children develop extensive knowledge early in life. By the time children are 9 years of age, they know 85% of Q’eqchi’ names for plants near the household and 50% of plants elsewhere. Younger children categorize plants based primarily on morphology, and as they gain experience, utility and cultural salience are integrated.