Amerindians seeks nullification of parts of the Amerindian Act

Guyana Chronicle news item, 27 November 2007
http://www.guyanachronicle.com/news.html

Amerindians seeks nullification of parts of the Amerindian Act

SIX Amerindians from the Akawaio and the Arakuna tribes were in the High
Court yesterday claiming titles for land they allegedly occupied and
declarations that certain sections of the Amerindian Act, were null &
void
and a contravention of the Constitution of Guyana.
The Attorney General, representing himself, is contending that the
claim by
the plaintiffs is speculative, vexatious and malicious and ought to be
dismissed.
The Plaintiffs are Van Menduson; Czar Henry; Anderson Hastings; Lawrence
Anselmo, Dulchell Isaacs and Norma Thomas have by themselves jointly and
severally and on behalf of all the members of the Akawaio and Arakuna
Amerindian communities in the Upper Mazaruni Districts have filed the
action
against the Attorney General, representing the Government of Guyana.
Hearing began before Justice Jainarayan Singh on Monday November 27,
2007.
The Plaintiffs claim individually, collectively and in their
representative
capacities as stated below:
(1) A declaration that sub paragraphs (b) and (c) of subsection (1) and
subsection (2) of Section 3, sub paragraphs (a) (c) and (d) of
subsection
(2) and sub paragraphs (a) and (b) (c) and (d) of subsection (4) and
subsection (6) of section 20 A of the Amerindian Act Chapter 29:01 are
unconstitutional, null and void and ineffective and incapable of
diminishing
or otherwise affecting the immemorial rights of the Akawaio and Arakuna
as
stated below, in that they contravene the provisions of Articles 40,
142,
and 149 of the Constitution of Guyana.
(2) A declaration that the Akawaio and Arakuna people from time
immemorial
have continuously occupied to the exclusion of all others certain
tracts of
land described in the schedule hereto attached by virtue of which they
have
had and still have un-extinguished aboriginal title at Common Law
equity.
(3) Alternatively, a declaration that prior to the cession of Guyana to
Great Britain
in 1803 the Akawaio and Arakuna people engaged under Roman Dutch Common
Law
an aboriginal title to the same area which remains vested and is still
vested in the membership of their indigenous communities.
(4) An Order that title to the above lands, which were described by the
Amerindian
District Order No. 91 of 1959, which description is set put in the
schedule
hereto attached shall be vested in the captains for the time being of
the
six villages described hereunder to hold that title in trust for the
entire
Akawaio and Arakuna Community.
The Plaintiffs, numbered 1 to 6 herein are Captains of the respective
village councils which were declared by the Amerindian villages
(Declaration) Order of 1991 to be the Amerindian; Villages in the Upper
Mazaruni area of Guyana:
The defendant specifically denies each and every allegation of fact and
or
law contained in the statement of claim, as if the same were set out at
length verbatim.
The defendant also denies paragraph 4 of the Statement of Claim and will
contend that the Arakuna and Akawaio tribes were nomadic.
According to the statement of defence, the plaintiffs claim is
speculative,
vexatious and malicious and ought to be dismissed.
Appearing with the Attorney General, Mr. Doodnauth Singh, S.C are State
Counsels, Mailena Bacchus and Sunil Scarce.
Appearing for the Plaintiffs are Attorneys-at-Law, Mr. Nigel Hughes,
Stephen
Fraser and Mr. A. James.
Since the hearing began on Monday, two persons have already testified
for
the plaintiff. They are Peter Williams and Doreen Grant with Lora John
as
interpreter.
The hearing is continuing before Justice Jainarayan Singh. (George
Barclay)