Maya Indigenous Communities of the Toledo District v. Belize

Abstract

Human rights — Property rights — Recognition of indigenous land rights — Indigenous Maya community in Southern Belize — Nature and content of right to property — Whether Maya people demonstrating communal right to property — Indigenous custom and tradition — Requirement of special measures to protect indigenous land interests — Right to property linked to physical and cultural survival of indigenous people — Nature of State’s obligations to respect and protect right — Obligation on State to establish legal mechanisms to clarify and protect indigenous territory — Duty to consult effectively — Belize granting logging and oil concessions to third parties — Environmental damage — Whether Belize further violating right to property — American Declaration of the Rights and Duties of Man, 1948, Article XXIII

Human rights — Right to equality — Right to equal protection before the law — Right to non-discrimination — Whether Belize providing special measures necessary to enable Maya people’s exercise of right to property equally with other Belizeans — Fundamental nature of rights — Articles 1(1) and 24 of the American Convention on Human Rights, 1969 — Whether Belize violating Article II of the American Declaration of the Rights and Duties of Man, 1948

Human rights — Right to judicial protection — Maya people commencing domestic proceedings in Belize — Whether delay in rendering judgment unwarranted — Necessity of effective access to courts for protection of fundamental rights — Article 25 of the American Convention on Human Rights, 1969 — Whether Belize violating Article XVIII of the American Declaration of the Rights and Duties of Man, 1948

Treaties — American Declaration of the Rights and Duties of Man, 1948 — Interpretation and application — Right to property — Right to equality — Right to judicial protection — Individual and collective interests of indigenous peoples — Developments in international human rights law — American Convention on Human Rights, 1969 — International Labour Organization Convention No 169 concerning Indigenous and Tribal Peoples in Independent Countries — Custom — Other relevant sources — American Declaration of the Rights and Duties of Man, 1948, Articles XXIII, II and XVIII