Audio visual testimony continues as London-based professor testifies

Feb 22, 2011 News

Despite a few technical glitches yesterday, the historic audio/visual land rights case got underway as Oxford Professor Audrey Butt-Colson was sworn in to give her testimony.
The matter is currently being heard before Justice Roxanne George Wiltshire.
The six village captains, representing the Arekuna and Akawaio people of Phillipai, Jawalla, Kako, Paruima, Waramadong and Kamarang Keng, are asking the court to declare that they are entitled individually and collectively to the provisions of the constitution, especially regarding their land rights.
Representing the village Captains is Attorney at law, Nigel Hughes, while the state is represented by Attorney at law Naresh Harianand.
The professor yesterday attempted to explain her expertise in the subject matter. Professor Colson spent about an hour and a half speaking about various aspects of the subject matter.
The matter has been adjourned for April 1,2011 when it is expected that the professor would continue giving her evidence.
The service yesterday was again provided with the kind courtesy of the Guyana Telephone and Telegraph Company (GT&T), using the Skype internet service.
The village Captains are contending that from time immemorial, the lands in the Essequibo area of Guyana, which they described, have been continuously occupied, inhabited, used and enjoyed to the exclusion of all others by the Akawaio and Arekuna people who have at all material times constituted recognised and related nations of the Amerindian people.
Further, since time immemorial, the Akawaio and Arekuna people have continuously occupied, used and enjoyed the land and resided thereon as an organised society and identifiable community with a social and political organisation of their own.
However, the indigenous people say they have complaints about the new Amerindian Act.
For example, they claim that the restriction imposed on Amerindian titles by Section 20 A (4) of the Act affords different treatment to Amerindians, attributable wholly to their description by race, because the land of anyone other than an Amerindian can be acquired under the Acquisition of Land for Public Purposes Act only if the Minister declares under section 6 of the Act that the land is required for “public work”.
By contrast, Amerindian titles can be revoked or modified whenever the Minister is satisfied that the land should be repossessed “in the public interest”.
The Captains claim that the land required for public work is a question of fact which the court can examine if an interested party challenges the Minister’s decision.
But they say a declaration that the repossession of Amerindian land is justified “in the public interest” would be virtually impossible to challenge.

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