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CONSTTUTIONAL CRISIS
IN BELIZE

It is my duty to inform you of a grave threat to our very way of living. This threat is an amendment to the constitution that has been proposed by the Prime Minister and UDP government. This amendment if passed would take away our rights to challenge amendments to the constitution in the courts. This would apply to any and all amendments to the constitution that the government passes. Now bear in mind that we the people are not allowed to participate in process of amending our own constitution. Our ONLY protection is the right to appeal to the courts if we do not think a law is just. This amendment, known as Amendment 9, will completely take away those rights leaving us with no way to protect ourselves from unjust amendments to the constitution. This is extremely serious because the constitution is what guarantees our rights as citizens.

You may rightfully wonder how such a situation could exist. The answer lies in our constitution itself. It authorizes the parliament to amend the constitution by ¾ of the Members of Parliament voting in favor of the amendment with no requirement to have the approval of the people of Belize. As we have 31 seats the required number of votes to pass an amendment is 24. The last election left us with a UDP super-majority of 25 UDP Members of Parliament, more than enough to pass any amendment whatsoever regardless of content. Now, with the current constitution we could take them to court were they to pass amendments that infringe upon our rights.

In order to by-pass this the UDP government and Dean Barrow have proposed the democracy killing amendment that takes away our rights to appeal an amendment to the courts. The court system will become meaningless as they could be forced to do as the ruling party dictates. This is the first step to loosing all our freedoms. Without the right to appeal to the courts the only appeal lies in the streets.

The situation may appear bleak and it is but we the people can prevail. One brave soul from the UDP has stood up for what is right regardless of party politics and it has changed everything. I am of course referring to Marcel Cardona who is elected as Area Rep in Orange Walk East as part of the UDP government. Hon. Cardona has publicly stated that he is opposed to the proposed 9th Amendment and will vote against it. I had the honr of marching shoulder to shoulder with Hon. Cardona in the Protest held in Belize on Saturday and have heard his personal commitment to vote against the Amendment. Interestingly enough that leaves the UDP government with exactly the 24 votes required to amend our precious constitution. In practical terms, if only one UDP representative besides Hon. Marcel Cardona votes against the Amendment it cannot pass.

This means that our area rep, Manuel Heredia Jr. has the power to stop all this foolishness by simply saying to the P.M. that he will not vote for the amendment. If Mr. Heredia will not vote against this most horrible of amendments that will suck away our rights like a nurse shark on a conch he is not representing the people of San Pedro and Caye Caulker. I could not sleep at night if I were to support such an Amendment and am amazed that our own Jr. does not have the guts to say no to this incredibly foolish and damaging amendment. Let us hope I am wrong.

My brothers and sisters in Caye Caulker and San Pedro, we contribute more than any other group of people to the economy of our beloved Belize. A few thousand of us have contributed over 3 Billion dollars to the economy of Belize over the last 20 years. My friends, that does not include then stamp taxes on all the property that has been sold on the Cayes in this time. It is time we flex our muscles and make ourselves heard all around the country.

Make your voices heard, we in Belize Rural South can defeat this unfair and unjust amendment by forcing our area rep to echo the voice of the people he claims to represent rather than licking Dean Barrow's boots. Even Jr. must know this is wrong and terrible for the country. We must call the BRS office in San Pedro and make your position clear. SAY NO TO AMENDMENT 9, your very life and freedom may depend on it. Remember this is the same government that has tried to force a "Preventive Detention " Amendment 8 down our throats and only recently withdrew it after the huge public outcry. We must make an effort to be heard as these matters affect us all and we effectively have no representation.

NATIONWIDE, NO ONE WHO VOTES FOR AMENDMENT 9 SHOULD EXPECT TO BE REELECTED AND SHOULD HIDE THEIR HEADS IN SHAME. HISTORY MAY DEAL HARSHLY WITH THEM ALL IF THEY PASS THIS ABOMINATION.

Still on the Proposed 9th; Hubert Elrington denounces it

Hubert Elrington

Hubert Elrington also says that the idea that government can protect utilities is illusionary since in an economic meltdown, the financial institutions would require their immediate privatization.

Hubert Elrington, Attorney

"Let's say this country gets into a depression and we need help from the World Bank, we need help from the IMF; the first thing they are going to tell you when you get there, sell off the utilities. That is going to be the first requirement when you get there, sell them off. When you have sold them off, then you come back here. That is what they have told Greece, that is what they have told Ireland, that is what they have told Spain, that is what they have told Jamaica. So the idea that you can protect these utilities is purely illusory. The first requirement they are going to tell you sell them off and let me tell you when you're dealing with the IMF and when you're dealing with the World Bank, they come to the Cabinet and they get right in your face and they say look if you want help from us, you have to be committed. We don't want support, we want commitment from you. And you know what commitment is? Let us give you an example of what commitment is. Have you ever had ham and eggs? The chicken is supportive but the pig is committed, we want you to be like the pig. This is an example that was given to us by the World Bank and the IMF. So they don't mess about. So this idea-you hear Barrow telling you nonsense about you can protect these utilities; that's a waste of time, it doesn't exist anywhere in the real world and it is all a figment of his imagination."

As we said, there is growing disapproval to the ninth; the consolation is that the Foreign Minister says that it can be withdrawn if the public so rejects the amendment.

Channel 5

They came by foot, bicycles, cars, buses to protest the 9th Amendment!

As is becoming customary in this emerging culture of Belizeans protesting against social issues they deem unacceptable, close to two hundred supporters of the National People's Movement marched alongside NGOs such as COLA and Belizeans For Justice in an effort to send a message to the government, by show of numbers, that they are not pleased with the proposed 9th Amendment to the Constitution and other issues affecting the country.

The march started at 11:00 a.m. at the Constitution Park on Cemetery Road and ended at the Memorial Park.

Other issues plastered on posters by the marchers, some of whom arrived in buses from towns such as Punta Gorda and Dangriga, were poverty and the unequal treatment of minority groups. The marchers were on foot, in cars and on bicycles.

COLA president, Moses Sulph, told us, "We are basically out here to let democracy reign; we are out here because the 9th Amendment will be significant in the negative bracket, rather than in the positive, so we are saying that we don't want this 9th Amendment to be passed.

"We want it to be understood that we are not here to march against nationalization, but we believe that freedoms can be taken away from us, and as such, we want the clauses to be removed from that 9th Amendment.

"We don't believe that any government or any national assembly should become supreme law of the land. We believe the Constitution should be the supreme law of the land."

Orange Walk East area representative, formerly of the United Democratic Party, Marcel Cardona, spoke with us on the issues regarding the 9th Amendment, which he is also against.

Cardona explained to us that he was protesting as a citizen, since the 9th Amendment, once passed, will affect him as well.

Cardona told us, "Our democracy is now being challenged by our current government. The 8th Constitutional Amendment and now the 9th Constitutional Amendment, are serious challenges to the democratic state as we have known it here in Belize today.

"…You will now be banned from resorting to the courts for redress on any issues that affect you; it's totally outrageous; [this is] something unprecedented, truly unprecedented."

The march started at the Constitution Park and then went onto Woods Street, over the BelChina Bridge, down onto North Front Street, over the Swing Bridge, onto Albert Street and took a turn around back to North Front Street, before concluding at the Memorial Park.

The Reporter

BRITISH CARIBBEAN BANK LTD. FILES INJUNCTION AGAINST GOB AT CCJ

British Caribbean Bank Limited has filed for an injunction against the
government of Belize seeking to stop the passage of the ninth amendment
bill into law. According to an official release, government was served
with court papers on Tuesday. According to the government statement, the
injunction also seeks a declaration by the CCJ that would void government's
re-acquisition of Telmedia and order the return of the phone company to its
previous owners. Prime Minister Dean Barrow told Love News that the latest
move by the so-called Ashcroft Alliance goes to bolster the need for the
Ninth Amendment to the constitution.

Prime Minister Dean Barrow
"In my view it makes clear the absolute need for us to pass the ninth
amendment bill and to pass it in the way that it is going to propose
because it is only by doing that that we will be able to put a stop to the
continuing legal campaign by the Ashcroft Alliance in fact to recover
possession of Telemedia and to stop the Belizean pubic from being the true
owners of Telemedia."

Prime Minister Barrow says the filing for the injunction proves that the
Ashcroft Alliance will stop at nothing to frustrate the will of the people
of Belize in terms of the state ownership of public utilities.

Prime Minister Dean Barrow
"In the normal course you want an injunction you start at the bottom rung
of the ladder, you start at the court of first instance, you don't go to
the ultimate court of appeal. They are trying to be clever, and they are
trying to suggest, well we need to ask you because there is this urgency
about this matter, it will be passed in 90 days and since we are asking you
to hear another appeal which will be rendered nugatory even if we win that
appeal once the ninth amendment bill goes through, that is why we have to
come directly to you and to leapfrog the other courts. I don't think that
is going to go anywhere but it doesn't matter. Ultimately in my view it
reveals, it discloses Ashcroft's hand completely and it must make
nationalistic Belizeans anxious now, absolutely determined now to ensure
that the ninth amendment bill goes through so we can put the matter once
and for all beyond doubt."

Patrick Jones - Reporter
I take it then Prime Minister that the Attorney General will vigorously
fight this case at the CCJ?

Prime Minister Dean Barrow
"Without a doubt; I am not sure whether, because this is an application for
leave, the Ashcroft group is saying if you give us leave then go right on
to hear the substantive application for the injunction and for the return
of Telemedia to Ashcroft. I am not sure whether this will be done by way
of the teleconference mechanism as the CCJ has employed from time to time
or whether it will be fought in Trinidad and Tobago where the seat of the
court is but either way the Government will be well represented by the
Solicitor General, by two litigators if I have my way, in addition to the
Solicitor General. We are going to go for the very best, we are going to
go for the sort of numbers that will see us not being at any disadvantage
to the battery of lawyers that Ashcroft has. This is as far as I am
concerned now for what is being seen by Belizeans as part of the patrimony,
the public utilities and so we are going to go all the way, no holds
barred, we are not going to stop to count the cost."

The Prime Minister says he welcomes vigorous public debate on the proposed
constitutional amendment and encourages Belizeans to take part in the first
public consultation scheduled for Wednesday of next week.

Prime Minister Dean Barrow
"I think the debate is healthy, I do feel that there has been a lot of
misinformation that has been circulated. I am absolutely clear that all
the ninth amendment is doing is to clarify what is already existing law,
that is that a constitutional amendment properly passed then itself becomes
part of the constitution and cannot be reviewed on its merits by the court
because the constitution is superior to the courts. I don't think that is
a position that is commonly understood, I think there has been
misrepresentation on the part of a number of lawyers and I don't know
whether they simply haven't done the research or whether they deliberately
want to misspeak but that's unfortunate. I am hoping now that at least the
rationale for what we are trying to do becomes clear and I am saying that I
hope that becomes clear as a consequence of the action that has been filed
in the CCJ. In other words it gives us a chance to tell people, aha, you
see why we have to put in the ninth amendment bill that a constitutional
amendment properly passed cannot be interfered with by the courts, because
if we don't do that even after we pass the constitutional amendment
enshrining the utilities, Ashcroft will still come back to court and say
strike down the enshrinement done by way of the constitutional amendment on
the basis that that constitutional amendment is itself unconstitutional.
That is what makes no sense to me in law, and that what makes no sense to
me in practice and I hope now that everybody will open his or her eyes and
understand the stakes that is involved here."

Next week's public consultation of the proposed Belize Constitution Ninth
Amendment Bill will take place at the Holy Redeemer Parish Hall in Belize
City.


Story at http://www.lovefm.com/ndisplay.php?nid=14414

Ashcroft Alliance to Court Again! This Time, It's The Ninth Amendment

The Ashcroft Alliance is taking government to court over the proposed Ninth Amendment to the Constitution. But, they're not doing it in Belize; the attorneys for the British Caribbean Bank are have gone straight to Belize's final court of Appeal, the Caribbean Court of Justice in Trinidad.

Government was served with the notice of application yesterday. It seeks, first, an injunction to stop the government from passing the 9th Amendment; second, a declaration that the re- acquisition of Telemedia by government is void; and third, an order returning Telemedia to the Alliance's control.

No date for a hearing has been set - but we are told a similar application has been lodged by the Alliance's Employee's Trust in the Belize Court of Appeal.

The CCJ application is unusual because it seeks to leap-frog the lower courts in Belize, and it will be interesting to see if the CCJ entertains it.

While that is up to the legal tacticians, for the political players, the move is interesting because with the Ashcroft Alliance now pitched in the center of the camp opposing the amendment - for the government it somewhat simplifies things politically - because they will argue either you are with the Ashcroft Alliance or with the people.

And an official release with a more than obvious political bent today went clearly in that direction. It says, quote, "The misguided people that have been arguing against the Bill have played right into Ashcroft's hands."

It adds that, quote "This latest move is proof...that the Ashcroft Alliance will stop at nothing to frustrate the democratic determination...that the Government and people of Belize should own the utilities in this country..."

It continues, "The Ashcroft action also reinforces the absolute need for the 9th Constitution Amendment Bill, which would enshrine...public ownership of...utilities and put that ownership beyond...Ashcroft's legal reach."

But the Chamber Of commerce is unconvinced. In a statement today, it says "the proposed Ninth Amendment to Belize's Constitution creates a very dangerous situation...In effect, we move from a Constitutional Supremacy...to Parliamentary Supremacy where the Parliament is supreme..."

It laments, "The potential for abuse is real. If the Legislature has absolute powers it can take away any fundamental right or freedom from Belizeans by further amending the Constitution"

And it argues, "with the Ninth Amendment we risk losing the basic rights and freedoms we as Belizeans consider the very essence of our democracy."

It closes by calling on the Government to withdraw the Ninth Amendment.

And all that nicely sets the stage for next week Wednesday at the Holy Redeemer Parish Hall at 7:00 pm when the first public consultation on the ninth amendment will be held.

In its release today, government calls it no less than an issue of patriotism and quote, "urges everyone to come out in a show of national solidarity."

Channel 7

Sedi says if people vehemently oppose, 9th could be removed

The Foreign Minister is also of the view that if Belizeans are against the legislation, taking to the streets is always an option. But he said that if the people vehemently oppose the ninth, then the government would withdraw it.

Wilfred "Sedi" Elrington

"Our protections really is the vigilance of the people because…"

Marleni Cuellar

"But the people are speaking out against it."

Wilfred "Sedi" Elrington

"Even if you go to court, the court is not necessarily going to protect you. What has stopped the eighth amendment from going through? The people."

Marleni Cuellar

"But only one portion."

William Neal

"Have the other sections been struck down; the trial by jury…?"

Wilfred "Sedi" Elrington

"I don't think they will be amending the constitution for that. That does not require a constitutional amendment."

Marleni Cuellar

"That has been written into law now."

Wilfred "Sedi" Elrington

"Yes, you don't need constitutional amendment for that. But if sufficient people are opposed to it, then it will be withdrawn as well. You know what brought down Margaret Thatcher when she was Prime Minister in England? She introduced a poor tax that the people did not like and they struck and they brought down the Thatcher government, the iron lady. So what I’m saying is whatever piece of law exists at present, if the Belizean people are violently opposed to it, government will have to amend it, revoke it otherwise we are going to be kicked out of office."

William Neal

"My final-I like that you ended it there because that's a part of the thing that I think a lot of people get nervous about, the fact you say well you have five years to remove or to…"

Wilfred "Sedi" Elrington

"No, you can go to the streets at any time."

Elrington says the government will proceed with public consultations, starting on August tenth.

Channel 5

Wilfred "Sedi" Elrington

"Yes, you don't need constitutional amendment for that. But if sufficient people are opposed to it, then it will be withdrawn as well. You know what brought down Margaret Thatcher when she was Prime Minister in England? She introduced a poor tax that the people did not like and they struck and they brought down the Thatcher government, the iron lady. So what I'm saying is whatever piece of law exists at present, if the Belizean people are violently opposed to it, government will have to amend it, revoke it otherwise we are going to be kicked out of office."

I know Mr. Elrington well and am very distressed that such an important figure in this government would make such a poorly thought out statement.

I am appalled that Mr. Elrington is calling for violent protests by the people of Belize as the only way to avoid this democracy killing amendment. This would seem to be highly irresponsible both for the government and Mr. Elrington. We are supposed to have a Civil Society in Belize. This statement that the people should be "violently opposed" if they want the bill stopped would seem to be a call for violent protests. Last weekend we we staged a non-violent protest which it seems will be ignored as it was not a violent protest. WHAT IS HAPPENING TO BELIZE?
The incompetence and arrogance of this government is intolerable. What happened to the concept of our leaders being moral and representative of the people. Most are afraid to protest as the politics of fear is very much alive in Belize. A protest could loose you your job if it isn anyway related to the government. This is not acceptable. We must make our government understand that the people come first in all matters. This is the most intellectually and morally bankrupt bunch I have ever seen, top to bottom. They have finally stooped to lows comparable to the abuses of the past PUP government. We must force a coalition government in the next election if the people are to be heard.

Ashcroft now opposes 9th Amendment himself

If there was any doubt that government was right to clarify the supremacy of its constitution in the Ninth Amendment Bill, the move made by the Ashcroft Alliance should remove such sentiment. Ashcroft's British Caribbean Bank Limited filed an application to the Caribbean Court of Justice for an injunction to stop the Government from passing the Belize Constitution 9th Amendment Bill into law. They are also requesting a declaration saying that the re-acquisition of Telemedia by the Government of Belize for the people of Belize is void and an order returning Telemedia to the Ashcroft Alliance.

Such an act, though bizarre, came as no surprise to the Government of Belize. Ashcroft will explore every door and window available to him to reach his desired result. To him it is not about Telemedia or financial interest. It is about demonstrating that his wealth has made him superior to the Government and people of this country and he is still Lord over all Belize, as he was under the previous administration. It is unclear whether or not the CCJ will even entertain the application. Common knowledge would suggest that for the highest appellate court to rule on an issue it must had first been presented through the courts with immediate jurisdiction. If not, on what jurisdiction would the CCJ base its ruling?

This just shows that Ashcroft's reach may even go beyond rationale thinking. Which is a scary thought and more reason to safeguard the interest of the Belizean people. The Ninth Constitutional Amendment Bill seeks to do exactly that by making it clear that no court can trump the wish of the Belizean people. It is no drastic change to the constitution as Marshaleck, the PUP and the rest of Ashcroft defenders are campaigning so hard to mislead Belizeans into thinking. The change to section 69 is simply to make absolutely clear what the Privy Council and other common law courts have consistently ruled, that a court cannot question the merits of a constitutional amendment. A court can simply determine if the amendment was passed in compliance with the provisions of the constitution.

The question then arises, why amend the constitution to say such things if it is not a change. The answer is simple. Though it will not change the constitution, it will minimize an interpreter's margin for error or over reach of power. The ruling that continues to be examined when debating this bill is the Conteh ruling on the Barry Bowen case. When examining that ruling, serious questions arise as to the rationale behind it. A judge is to base their ruling on the Constitution, which is the highest rule of law. What law then could a judge base their ruling on an amendment to that Constitution? Is there a law supreme to the Constitution that one can base their judgment on or is one professing to not be limited by the Constitution when deciding to strike down that Constitution? Therefore, a judge making a judgment on the merits of a constitutional amendment is suggesting that a judge is not limited to the constitution but indeed is free to make law at will. That is beyond the reach of power granted to a judge of the Westminster system. Others question whether or not Conteh did his homework properly. If he had, he would find case files as far back as the 1970's in which the Privy Council made it clear that whether or not a judge agrees with a law or even if it tramples upon individuals' fundamental rights the court can only decide if a constitutional amendment was passed in compliance with the provisions for change in the Constitution. Therefore, Conteh's judgment would be questioned all over the world where there is a written Constitution.

The reason for change is a simple act of evolution. The Constitution is a living organism and living organisms learn from the past. If Conteh could have made such a misinterpretation in the past isn't it possible that someone else can make such a misinterpretation or, worse, deliberately overstep their authority granted by the Constitution? An act such as that is abuse and to prevent the Constitution from being vulnerable to abuse it must be stated clearly that the Constitution can only be changed how it wants to be changed.

Ashcroft is depending on two things: one that his agents can effectively paint the Ninth Amendment Bill as Government's attempt to extend its power and cause opposition based on panic and fear and force Government to withdraw the change to section 69; and two, that if such be the case there would be a judge arrogant enough to rule on the merits of a constitutional amendment enshrined with the support of three-fourth of the House.

The Guardian

PUP No-Go On Ninth Amendment

When the ninth amendment to the constitution bill was presented in the House of Representatives two weeks ago, Opposition Leader John Briceno said he supports it in principle - but did express concern about the provisions which he felt put parliament above the courts. Well, today the PUP released its considered opinion on the ninth amendment and reservations have turned into flat out rejection. The PUP argues that the amendment would make it so that, quote: "the National Assembly (is) more powerful than the Constitution, and would remove from the Courts…the obligation to act as a check and balance on the Legislature; and to safeguard the basic structure of our Constitution,"

It concludes by calling upon the Prime Minster and the Government to quote "cease the naked power grab, (and) remove the offending sections proposed in the 9th Amendment Bill.

Channel 7

P.U.P. joins the chorus to end the 9th Amendment to constitution

There's more opposition to the proposed ninth amendment to the constitution and its coming from the People's United Party. The P.U.P. is the most recent organization to come out against the amendment. While the P.U.P. acknowledges the government's power to entrench control of utilities in the constitution, it says that the remainder of the bill is "fraught with peril for Belizean democracy." That refers to the proposed change to section sixty-nine, which would disallow legal challenges to the content of future constitutional changes. According to the P.U.P., if passed, the bill would make the National Assembly more powerful than the Constitution, by removing from the Courts the obligation to act as a check and balance on the Legislature and to safeguard the basic structure of our Constitution. The release says that Belizeans are rightly concerned because unlimited power to change the Constitution should not be granted to any Parliament in Belize. It is also condemns the "drastic and imperious manner" in which the government is seeking to remove the role of the courts as a guardian of our democracy. The Opposition is calling on the prime minister to cease what it calls a naked power grab and to remove the offending sections proposed from the ninth Amendment Bill.

Channel 5