The Firm represented the village of Santa Ana, a Maya community located in southern Belize, in connection with the free, prior and informed consent (FPIC) process initiated by the government of Belize for the conduct of petroleum exploration activities in Santa Ana’s communal land, and the negotiation with the government of Belize and USCapital Belize Corp, an oil company holding exploratory and development rights for the corresponding region of Belize, of a Consent Agreement for Petroleum Exploration Activities.
The consultation process was conducted by the Belizean government following a ruling by the Caribbean Court of Justice that recognized, after a lengthy judicial process, the rights of indigenous Maya people in southern Belize to the lands that they have customarily used and occupied, and the government’s obligation to consult with such communities in connection with the development of any proposed projects or initiatives within communal lands that may affect their use and enjoyment by indigenous people, including the natural environment.
The Firm’s pro bono representation of Santa Ana, working alongside the Mayan leadership of Santa Ana, Belizean counsel, a local NGO and the Cyrus R. Vance Center for International Justice, sought to assure that the conduct of any petroleum exploration activities respects the rights, traditions and decision-making process of the Santa Ana community, including the preservation of their environment; that the village receives compensation for the use of communal land during the exploration project, and has the right to monitor the development of any activities within its boundaries; and that members of the village have access to economic development opportunities, such as the right to employment during the course of the exploration works.
The Simpson Thacher team included S. Todd Crider, Luiz Noronha, Winnie Loureiro and Susan Uquillas.