Government Continues Indigenous Consultations Under FPIC Framework

Chief Executive Officer in the Ministry of Constitution and Religious Affairs, Indigenous Affairs and Transportation, Chester Williams, confirmed earlier today that consultations remain ongoing under the Free, Prior and Informed Consent, or FPIC, framework.  He says the continuous dialogue is an effort to uphold the rights of Indigenous communities and ensure their participation in decisions affecting their lands and resources.  Williams, along with Director of the Office of Indigenous Peoples’ Affairs, Gustavo Requena, appeared on Love FM’s Morning Show today to provide an update on the initiative. Requena explained that FPIC consultations are designed to give communities a direct role in discussions surrounding proposed development projects, allowing them to make informed decisions about activities taking place within their communities. He also highlighted several projects in southern Belize that have already undergone the consultation process.

Gustavo Requena, Director of the Office of Indigenous Peoples’ Affairs: “The Government of Belize adopted in January of 2022 and has been used in the Maya communities of Southern Belize to ensure that the communities voices are listened to whenever any proponent wants to carry out a project, whether that be government or a private individual. It really gives the community the opportunity to analyze what is being presented to them, to weigh the pros and cons, how will it affect the environment, culture, because there are elements of the FPIC which includes social, environmental, cultural, economic aspects that can influence the community. And so really the community’s voice is heard and listened to. Then the proponent then along with the Office of Indigenous Peoples Affairs go through the entire process up until when there’s a consent agreement that is signed. Whenever there’s a proponent who wants to do something in one of the communities, they write a letter to the Office of Indigenous Peoples Affairs outlining exactly what it is that they are interested in. The Office of Indigenous Peoples Affairs asks them for a meeting so that we get all the details, all the facts of the proposed project. We then write a letter to the village council and the Alcalde, both leaders in the community, outlining those first asking for a meeting, really what we call a preliminary meeting, where that information is going to be presented to the community. The village leaders have 21 days to respond to the Office of Indigenous Peoples Affairs on a time, date, venue, whether they need a translator or whether they have a supporting organization to help them negotiate.  At the end of that meeting, we have what we call the first community resolution, which is signed by the community leaders which set by the community members in attendance and the leaders as long as 60% of the people in attendance say no then that that is where that process is halted if 60% of the community says yes we want more information then we start a consultative process. We develop a consultation plan outlining how it is that the proponent is going to engage with the community to ensure that the rights of that community are always protected.”

While several communities have embraced the framework and actively participated in consultations, others have approached the process more cautiously as they continue to learn about its scope and application.  Williams acknowledged that misconceptions about FPIC persist and emphasized the need for continued public education and engagement to ensure communities fully understand the purpose and benefits of the consultation framework.

Chester Williams, CEO, Ministry of Transport: “The FPIC protocol came as a result of the CCJ consent order in respect to the Mayan land rights. In the consent order the CCJ made mention that in order for the government to do any development or any other organization within the Mayan defined areas that they have to, it must be done with the free prior consultation and consent of the Mayan people. So that’s what gave birth to the FPEC protocol. Yes, it’s a pity that it was not until the PUP administration came into place that the protocol was developed because it ought to have have been developed from 2015. It was not until 2022 that it was and since then we have been making sure that the protocol is applied in every aspect when it comes to development in the Toledo District. FPIC is applied more in terms of bringing in to the area projects. If there is an issue between the Mayan communities and an individual who lives within the community that does not far within the FPIC. FPIC would not cover that.”

Rene Villanueva Sr. Host, The Morning Show:  So, it has to go to the local authorities. 
Chester Williams, CEO, Ministry of Transport: “Exactly. So, there is where you’ll have these issues where, again, I believe that it has a lot to do with the misinterpretation of the CCJ consent order. The government in no way, shape or form, have any intention or interest in disrespecting the Mayan of this country. We understand the contribution to this country, we understand that they have been living in the Toledo district for quite some time. We respect the court order but we just want to make sure that whatever is done is done right while at the same time respecting the rights of the other people who live within the area.”

The FPIC framework stems from the landmark 2015 Caribbean Court of Justice ruling on Maya Land Rights, which affirmed the customary land rights of Maya communities in southern Belize. In related news, the ministry is preparing to host a public forum on June 22 at the University of Belize in Belmopan. The forum will focus on Maya Land Rights and is expected to bring together representatives from the Maya Leaders Alliance, the Toledo Alcaldes Association, third-party stakeholders, and government officials