Maya Indigenous Communities v. Belize
Inter-American Commission on Human Rights
Case 12.053, Report 40/04, OAS. Doc. OEA/Ser.L/V/II.122, Doc. 5 rev. 1 (2004)
- Written by Angela Patrick, JD
Facts
The Mopan and Ke’kchi Maya communities of the Toledo District of Southern Belize (the Maya communities) (plaintiffs) were an indigenous people who had occupied certain territory in Belize (defendant) since before European colonization of the area. The Maya communities used the land and its resources for both their physical and their cultural survival. The government of Belize (1) did not formally protect any territorial rights in these lands for the Maya communities and (2) allowed third parties to use the timber and oil resources in this territory without even consulting with the Maya communities. The Maya communities sued Belize in domestic courts to enforce their property rights but were not getting results. The Maya communities then filed a petition with the Inter-American Commission on Human Rights alleging that Belize had violated the American Declaration of the Rights and Duties of Man (American Declaration). The American Declaration was a resolution of the General Assembly of the Organization of American States, to which Belize belonged. The Maya communities alleged that Belize had jeopardized the future of their people and their culture by (1) failing to provide the legal mechanisms necessary for the Maya communities to protect their rights and interests in the land and (2) allowing third parties to exploit the land’s resources. The commission considered the petition.
Rule of Law
Issue
Holding and Reasoning ()
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