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Aurelio Cal v. Attorney General of Belize

Claim 121/2007 (2007)

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Aurelio Cal v. Attorney General of Belize

Belize Supreme Court
Claim 121/2007 (2007)

Facts

Belize (defendant) granted logging concessions and oil-exploration licenses in the traditional lands of the Maya people. A Maya cultural association (the association) filed suit, but the action was never fully heard. The association brought a petition to the Inter-American Commission on Human Rights (IACHR), which recognized and affirmed the Maya property rights to the affected lands. Based on the IACHR’s report, members of the Maya villages of Santa Cruz and Conejo (collectively, the Maya) (plaintiffs) brought another action in the domestic courts. The Maya claimed that Maya customary land rights created interests in their traditional lands that were constitutionally protected. The Maya cited an agreement between Belize and various Maya organizations that appeared to endorse the existence of the Maya rights to land and resources in the area. The Maya alleged that Belize had violated the constitution in failing to recognize and protect the Maya property rights. Belize argued that Spanish and British sovereignty over the land had extinguished any land rights the Maya previously possessed.

Rule of Law

Issue

Holding and Reasoning (Conteh, C.J.)

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Casebooks

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