Historic Ruling on Indigenous People’s Land Rights.

Van Mendelson Vs. Attorney General Guyana

On Friday the 16^th December 2022 the Chief Justice Madame Justice Roxanne George handed down an historic judgment in the land rights claims brought by the Akewaio and Arekuna peoples of the Upper Mazaruni District, Region 7.

 

The plaintiffs, led by Van Mendelson, brought a class action suit in their capacities as the captains of  Phillipai, Jawalla, Kako, Paruima, Waramadong and Kamarang for various declarations including a declaration that the Akeaio and Arekuna peoples have since time immemorial continuously occupied and used to the exclusion of others certain tracts of land described in the schedule.

 

The Chief Justice ruled that plaintiffs have since time immemorial continuously occupied their traditional lands and hold Aboriginal community title to the lands which pre dated colonial claims.

 

The land mark decision represents the culmination of decades long efforts by the indigenous peoples of the  Upper Mazaruni region to seek recognition  of their collective rights over lands.

 

The case which commenced in  1998, saw several elders from the  various communities testifying in their native language along with  various  anthropological experts.

 

The ruling was the first decision  of its kind  in Guyana’s history and has significant implications for the indigenous communities in Guyana.

 

The plaintiffs have however appealed some  aspects of the ruling.

 

Hughes Fields & Stoby have represented the Akewaio and Arekuna in this action continuously for the past twenty years.