Punta Gorda” March 25th” 2014: The Belize Supreme Court has set March 27th” 2014″ at 11:00 am as the day to hear SATIIM and four Indigenous Q'eqchi' Maya Communities’ injunction application against US Capital Energy.
Courtenay/Coye LLP” SATIIM and the Indigenous Communities’ legal team had filed the application on March 13th” 2014. The application for an injunction was filed” after the data gathered at the A1 drill site” showed undoubtedly that US Capital Energy has been engaging in petroleum exploration drilling activities. Alistair King – Country Representative for US Capital Energy has corroborated SATIIM's claims last week by admitting on national TV that they are proceeding with Petroleum Exploration Drilling activities. He stated” “The court never did stop us from proceeding. Right now we are waiting on the verdict of the last two court cases. We were never told to stop. So” yes” we are proceeding. In May” we plan to do the actual drilling.”
This is a blatant violations of the Supreme Court ruling of 2007 and 2010 which was upheld by the Court of Appeal in 2013. Supreme Court Chief Justice ruled” '…I reaffirm the judgment of this court” delivered on 18th October 2007″ and now declare that Maya customary land tenure exist in all the Maya villages in the Toledo Districts and where it exists” it gives rise to collective and individual property rights within the meaning of sections 3(d) and 17 of the Belize Constitution.
- I declare as well that there is an obligation on the defendants to adopt affirmative measures to identify and protect the rights of the claimants based on Maya customary tenure in conformity with the constitutional protection of property and non-discrimination pursuant to sections 3″ 3(d)” 16 and 17 of the Belize Constitution.
- In order to achieve above” I order the defendants ” in consultation with the Maya people or their representatives” to develop the legislative” administrative or other measures necessary to create an effective mechanism to identify and protect Maya customary property rights in land in accordance with Maya customary laws and land tenure practices.
- I further order that until such time para. iii above is achieved” the defendants shall cease and abstain from any acts that might lead the agents of the government itself” or third parties acting with its leave” acquiescence or tolerance” that might adversely affect the existence” value” use or enjoyment of the lands located in the Toledo District” occupied and used by Maya villagers in the said villages” unless such acts are with their informed consent and in conformity with the safeguards of the Belize Constitution. This order includes” but is not limited to” directing the government represented by the defendants” to abstain from:
a) issuing any leases or grants to lands or resources under the National Lands Act or any other Act;
b) registering any interest in land;
c) issuing any concessions for resource exploitation” including concessions” permits or contracts authorizing logging” prospecting or exploration” mining or similar activity under the Forests Act” the Mines and Minerals Act” the Petroleum Act” or any other Act.
SATIIM and the Q'eqchi' Communities’ maintain that US Capital Energy is a rogue company. A law-abiding and socially responsible company would suspend its activities out of respect for the Belizean justice system and until a judgement was delivered. Instead US Capital Energy continue to work as though there are no claims before the Supreme Court.
SATIIM and the Q'eqchi' Communities believe that US Capital Energy’s actions at A1 drill site undermine the integrity of the justice we seek. This must not be tolerated.