An interesting thing happened when the European nations spread across the world after Old Columbus accidentally stumbled across the Americas. Being legalistically-minded, they invented all sorts of laws to settle land disputes among themselves. But all of those laws were thrown out of the window when they “discovered” us natives inhabiting some of the “new lands”!! The legal principle of “terra nullis” – land belonging to no one – was promulgated, even though there might’ve been millions of people living there!! Might makes right, baby!!
In fact, the entire continent of Australia was declared “terra nullis”, and to hell with all those aborigines who’d arrived there thousands of years before; and were living quite happily, thank you!! Anyhow, after a lot of legal challenges, exactly THIRTY YEARS ago – even as we’re getting our country back because of free and fair elections – the Australian Courts, in the now famous “Mabo” case, decided that the indigenous peoples DID have rights to their lands!! So, it’s a bit of serendipity that the CJ (ag) Justice George just decided a case about land rights for some of our own Indigenous Peoples in Mazaruni that had been brought TWENTY-FOUR years ago!! The wheels of justice do turn rather slowly!!
Thing is, our country was NEVER declared “terra nullis” – by either the Dutch, who first squatted here, nor by the British, who took over their land laws and customs. In fact, both European nations made treaties with our Indigenous Peoples on one matter or another – including land usage – explicitly recognising their occupancy. So, it shouldn’t have come as a surprise that, when Burnham finagled “independence” from the British, he had to take along Amerindian leader Stephen Campbell. And our Constitutional order for Independence had an Annex C which recognised Indigenous Lands they’d occupied from “time immemorial”!!
This, of course, was the need for the Amerindian Land Commission of 1969 – even though Burnham futzed around by not giving the Indigenous Peoples titles to their lands till 1978, when the Amerindian Land Act was amended, and they got title in some villages. It wasn’t till 2006 – long after Mabo!! – that the PPP went the whole hog and started giving title, once villages satisfied the criteria of “occupancy from time immemorial”. Which isn’t as onerous as it sounds!!
Anyhow, in 2013, in the case of Chang v Guyana Geology & Mines Commission and the Isseneru Village Council, it was decided that once non-tribals had been allocated lands BEFORE titling, they acquired “property rights”! This, according to our Constitution, trumped the Amerindian Act, and couldn’t be taken away.
Isn’t this the principle that Justice George reiterated this week?? No wonder she apologised for the delay!!
…on GT vending
The old cliché about the secret of success in real estate is “location, location, location!!” And when it comes to success in the retail business, it’s all the same – location!! So that’s why people pay millions and billions to buy stores in prime locations – like the Georgetown business district in general, and streets like Regent Street in particular. But it doesn’t end there; they pay proportionate rates and taxes for their property.
Now, imagine the Mayoralty allowing folks to set up vending operations – with the same goods the stores sell –on the pavement right in front of them. They pay no rent; block people from entering the stores; and, most of all, make the city look like some refugee camp in Syria!! Some even erected shacks in front of the major hospital in the COUNTRY – to sell food, but also block ambulances etc rushing the sick to be treated!!
And the Mayor and Opposition oppose giving them a separate location to ply their trade!!
…or poaching??
Looks like Pres Ali’s determined to continue pushing his “One Guyana” strategy into areas the Opposition consider their transported territory and residents!! They’ve fixed the Buxton ground and just given some Youth Developers Gy$1M!! Ouch!!
Reaction??
