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But aside from the alleged encroachment, the southern non-Maya villages are concerned that they have no control over the land in their villages. That's because, according to the CCJ ruling, their villages fall under communal land. The chairlady of Barranco explained that that meant the villagers could not perform land transactions.
They village leaders also said that while Laguna has seen their maps, they have not seen the map that the Maya villages use to ascertain what land is communal.
Beatrice Mariano, Chairlady, Barranco Village
"We are all being affected by this 2015 consent order. It has been a complaint of our villagers for some time that they cannot do any land transactions at the Lands Department. We were not aware then of the map. When, I believe it was 2022, when Mr Harold Usher tipped me off that there's a map and upon my visit too the Lands Department, I was presented with that map and that is when I saw how much of Barranco's land has been demarcated and is called Maya land."
"No consultation was done with the people of Barranco for the demarcation of boundary between Midway and Barranco. and while our people cannot do anything when it comes to land at the Lands Department, the people of Midway are still coming to Barranco in that area and opening farms, something that we cannot do."
Lawrence Usher, Former Chairman, Yemeri Grove
"That is part of our advocation as well. We are here sitting and many of our villagers that are here have attending meetings. We have requested from Laguna to see a map of their community for the past 5, 6 years but they don't show a map of their community, they have a map of our community, we can't see a map of their community."
"After they sit down in their community and see that there is crown land available in our village, all they do, they go and mark their boundary around every person's property and every other available land that we can use for development in our future, they seize or they claim as their boundary. So if we allow them, Yemeri Grove is dead as is and we will never tolerate that."
We note that a recent Appeals Court Ruling said, quote, "The same parcel of land cannot be held under both the British system and the native/aboriginal title system, simultaneously." " ……..Therefore, the embargo embodied in clause 4 [of the CCJ Consent Order] cannot extend onto private lands, as those are constitutionally protected from expropriation.
