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Cal and Others v. Attorney-General of Belize and Minister of Natural Resources and Environment

Belize (Supreme Court).  18 October 2007 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Property rights — Recognition of indigenous land rights — Indigenous Maya community in Southern Belize — Whether Maya customary land tenure existing in Southern Belize — Whether members of Conejo and Santa Cruz villages in Southern Belize having rights and interests in land based on Maya customary land tenure — Nature of interests — Whether acquisition or change of sovereignty over land extinguishing any pre-existing title to land

Human rights — Property rights — Part II of Belize Constitution protecting fundamental human rights — Whether claimants' interests in land constituting property protected by Sections 3(d) and 17 of Belize Constitution — Whether any acts and omissions of Government of Belize violating claimants' rights to property in Sections 3(d) and 17 of Belize Constitution — Whether any acts and omissions of Government of Belize violating claimants' right to equality guaranteed by Sections 3 and 16 of Belize Constitution — Whether any acts and omissions of Government of Belize violating claimants' right to life, liberty, security of person and protection of the law guaranteed under Sections 3(a) and 4 of Belize Constitution

Territory — Title — Effects of acquisition or change of sovereignty — Whether extinguishing pre-existing rights and interests in land of indigenous Maya community — British Crown acquiring sovereignty over British Honduras in 1862 — Belize becoming independent in 1981 — Acquisition of sovereignty by successive governments of Belize — Effect of British Crown Lands Ordinances and succeeding National Lands Act 1992 — Radical title vested in defendants — Native title

Relationship of international law and municipal law — Defendants' international law obligations regarding claimants — Relevance for interpretation of Belize Constitution — Preamble of Belize Constitution — Treaty obligations — International Covenant on Civil and Political Rights — Convention on the Elimination of All Forms of Racial Discrimination — Charter of the Organization of American States — Customary international law — General principles of international law — ILO Convention concerning Indigenous and Tribal Peoples in Independent Countries, 1989 — UN General Assembly Declaration on the Rights of Indigenous Peoples, 2007 — The law of Belize

Type
Case Report
Copyright
© Cambridge University Press 2009

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