Tensions reached a feverish pitch on April 11, 2014 between Sarstoon Temash Institute for Indigenous Management, U.S. Capital Energy and government. On April 3, 2014, Justice Michelle Arana handed down a major decision in favor of SATIIM as well as five Mayan communities bordering the Sarstoon-Temash National Park, in a suit brought against the Government of Belize and U.S. Capital Energy. SATIIM successfully argued that government should have first sought the free, prior and informed consent of the indigenous community before granting permits for exploratory work, including oil drilling, on Mayan communal lands. That judgment, nonetheless, has been interpreted differently by all parties involved in the suit. While Justice Arana did not quash the existing permit awarded to U.S. Capital, SATIIM contends that when the license expires at the end of April the oil company would have to consult with the buffer communities before applying for a renewal. On the other hand, U.S. Capital, based on its interpretation of the ruling, maintains that it will proceed with exploratory activities within the national park. This evening, News Five confirmed that government is approving the extension of U.S. Capital’s permit to continue works inside the protected area. In fact, in his capacity as Attorney General, Minister Wilfred Elrington provided legal counsel on the matter, advising that the recent judgment does not apply to an existing permit; more specifically, U.S. Capital’s concession to drill for oil within the Sarstoon-Temash National Park. The decision by government to renew the contract without consulting with the indigenous community has raised the ire of SATIIM which says that it will take all necessary actions to thwart U.S. Capital’s efforts. We begin with the attorney general’s position.
Wilfred Elrington, Attorney General
“I don’t think the extension is a contentious matter. I read the judgment of Madame Justice Arana, her judgment was very clear and it was evident to me that she had given very careful thought to the matter. The crux of the matter was that the Maya [Leaders] Alliance and SATIIM were suggesting that because the administrator had granted the licenses without prior consultation with the Mayas, the licenses were defective. She agreed to that point but she said that notwithstanding the fact that the licenses were defective, in fact, the administrator had the authority to do it the only defect was in the procedure, it was not done in the manner contemplated by the judgments that had gone before in relation to this matter. And so, she said deliberately that she would not determine that they should not be proceeded with they are going to remain alive because she understands very clearly the importance of in fact the petroleum industry to Belize, what it would mean if in fact we can find substantial oil and she also appreciates the fact that an inordinate amount of money has been spent in the process. I am told that it is in excess of twenty million dollars. So she deliberately decided that she would not stop it midstream but she said in effect, as far as I understand the judgment, that any further licenses that is requested must be complied, must be granted only after compliance with the procedure as articulated by earlier decisions, which means that if there is a new application for a license then it has to be granted only after consultation with SATIIM and the other parties that are involved. So I don’t see personally, I don’t think from the spirit of the decision, when you read it as a whole and the issues that she considers, as well as what she actually said, there is nothing to have prevented an extension of a current, live license. The license at this point in time is current, it is live. She could have shut it down at that point but she said no, I’m not going to do that because they have already spent so much money and this industry means so much to Belize.”
