FINAL REPORT OF THE POLITICAL REFORM COMMISSION
- JANUARY 2000 -

CONTENTS

 

Acknowledgements

THE FINAL REPORT

 

1. Introduction
2. Summary of Findings and Recommendations
3. The Preamble
4 . The State and the Constitution
5. Fundamental Rights and Freedoms
6 . Citizenship
7. The Governor-General
8. The Executive
9 . The Legislature
10. The Judiciary
11. The Public Service
12. Finance
13. Political Parties and the Electoral System
14. Local Government
15. Gender and Governance
16 . Political Education and Culture
17. Miscellaneous

APPENDICES

 

I. List of Constitutional Amendments : 1981 -1999
II. Prime Minister's Speech Launching the Commission
III. Copy of Booklet Used to Solicit Views
IV. List of Public Consultations
V. List of Radio Shows
VI. Submissions From Organizations
VII. Statements of Dissent from Commissioners
VIII. Selected Bibliography

 

CHAPTER 1: INTRODUCTION


 


1.1

The Call for Political Reform:
The Constitution of Belize was made law by the passing of the "Belize Constitution" Act No. 14 of 1981. It is declared to be "A Constitution for the Independent State of Belize." The Belize Constitution (hereinafter referred to as "the Constitution"), and by extension Belize's post-independence system of government, are direct products of the Belize Constitution Conference of 1980 - 1981. However, elements of the system and of Belize's political culture were evolving well before that when Belize was still a colony. Like most other former colonies of the United Kingdom, Belize adapted the British Westminster Parliamentary model of government as the basis of the new nation's democracy. It is this model of government that Belize has practiced in its first eighteen years of independence and which has been the subject of much national debate in the 1990s'.

1.2

Since independence, 25 amendments have been made to the Constitution through the passing of the Belize Constitution (First Amendment) Act, No.14 of 1985 and Belize Constitution (Second Amendment) Act, No. 26 of 1988. These amendments were all made between 1984 to 1989 when the party in office held more than the 2/3 majority in the House of Representatives required for most amendments, and more than the ¾ required for others. (See Appendix I for list of amendments).

1.3

Calls for a national constitutional and political review began early in the 1990's and intensified gradually throughout the decade. Around the time of Belize's tenth anniversary of independence, assessments of the first decade of independence included some focus on the political system. In 1991, the Belize Bar Association did a limited review of the Constitution and, while stating that the Constitution had worked remarkably well, introduced a number of proposals for reform. At a 1991 Studies on Belize Conference sponsored by the Society for the Promotion of Education and Research (SPEAR), on the theme, "Independence: Ten Years After", the assessment of the performance of the system of governance was much more critical.

1.4

The first comprehensive campaign to engage the nation in a sustained debate on the issue of political reform was launched by SPEAR in March of 1994. A prominent civil society organization, SPEAR noted "that in the second decade of political independence and after three changes of government, Belizeans are ready to examine how the nation's political system has been serving the people of Belize." SPEAR's persistent campaign served as a catalyst for other civil society organizations, the media and the political parties to contribute to the political reform debate. Political reform was one of the priority issues identified in the People's Manifesto…Century 21 developed by the Belize Civil Society Assembly (now the Belize Civil Society Movement) to inform the 1998 general elections.

1.5

Those who made their views publicly known in the early 1990's expressed varied and wide-ranging concerns about the system of government. Generally there seemed to be a growing lack of trust in governments, a belief that political leaders did not really care and a feeling that governance was becoming detached from people's development. The concerns included but were not limited to low levels of people's participation in decision-making, the centralization of power in the Cabinet, official waste and corruption, ignorance of how the system of government works and deterioration in the independence of the judiciary. At the same time, a significant number of others felt that the system was working well and did not need reviewing or fixing.

1.6

One key objective of the SPEAR coordinated civil society effort was to lobby government to establish a broad-based national process, inclusive of civil society representatives, to review the concerns and develop recommendations for reform. In November 1995, the then Prime Minister Manuel Esquivel observing that "there is a growing sense in the Belizean community that there is need for a constitutional review" announced the intention of his United Democratic Party (UDP) government to establish a bi-partisan committee on political reform. In mid-1996 such a committee was established with three representatives of the majority party, the UDP, and three representatives of the then Opposition Peoples United Party (PUP). The committee met three times during the following year but made little progress.

1.7

In June of 1997, the Government reformed this committee and announced the establishment of a Joint Select Committee on Political Reform that was to include three House of Representative members of the majority party, three House members of the Opposition and three Senators. The then Deputy Prime Minister, the Honourable Dean Barrow, served as the chairperson. This Committee, which was later expanded to include civil society representatives, had two meetings but it too was not productive. Demanding a non-partisan chair, the Opposition party had withdrawn from the Committee in October 1997. With the 1998 elections so near, partisan politics effectively prevented any prospects for progress.

1.8

As the 1998 general election drew nearer, it was clear that political reform had gained much importance as a major national issue that both major political parties would address in their campaigns. As far back as 1994 the Opposition PUP had commenced an internal process of studying the political system and developing proposals for reform and in November 1997, the party presented its proposals for political reform. The election year manifestos of both major political parties included proposals and promises on political reform.

1.9

In early December 1999 and three months after its victory at the polls of August 1998, the new PUP government announced that it was establishing a broad-based Political Reform Commission (hereafter referred to as "the Commission") to review Belize's system of governance and develop proposals for reform. On January 13, 1999 Prime Minister, the Honorable Said Musa officially launched the Commission in Belize City.


1.10

Mandate from the Prime Minister
The terms of reference received by the Political Reform Commission in the mandate from the Prime Minister were broad in scope. The Commission was mandated to:

  • review the system of governance and to make recommendations for its improvement, whether by amendments to the Constitution or laws or otherwise, with a view to achieving greater democracy,
     
  • conduct its work in a manner that allows for the greatest possible public participation,
     
  • take account of all the ideas and proposals made over the past few years by different organizations,
     
  • devise a cost-effective national campaign for soliciting the views of others,
     
  • use the services of public officers to provide the logistical and other support,
     
  • make periodic reports to the Prime Minister in writing,
     
  • regulate its own proceedings and,
     
  • complete its work within one year.


1.11

Prime Minister's Statements at the Launching of the Commission:
In launching the Commission on January 13, 1999 the Prime Minister urged the Commission to "carry out fair and fearless consultations and deliberations and to make timely and worthy recommendations that will enhance democracy and give all our people a greater stake in their nation." He asked that the Commission ranges as widely as it wished and "regard no institution, no law, no policy or practice as sacred." He specifically suggested that the Commission discuss the "monarchial system, the question of separation of powers, the ministerial system, campaign financing reform, electoral reform, questions of nationality and citizenship and the rights of citizens, decentralization, the judicial system, and political education in the school system." He also asked that the Commission "be sensitive to gender perspectives as well as to the fact that Belize is a multi-cultural nation with a policy of celebrating and respecting our cultural diversity." Finally, he assured the Commission that his Cabinet "will consider very seriously" the Commission's recommendations and where necessary, "take them to the National Assembly for deliberation and decision." (See Appendix II for the full text of the Prime Minister's statement).


1.12

Members of the Commission:
Membership of the Commission included fourteen persons representing the political parties, the business sector, the Church, the labor movement, women organizations, the public service, the media, the legal profession, and several civil society organizations. The two major political parties had two representatives each and ten organizations had one representative each. All Commissioners were appointed as representatives of their organizations. The members of the Commission, listed alphabetically, were:

Senator Dickie Bradley, People' s United Party (PUP).
Ernest Castro, National Garifuna Council (NGC);
(Replaced Phillip Zuniga in March 1999)
Rev. Moises Chan, Belize Council of Churches (BCC);
Senator Eamon Courtenay. People's United Party (PUP);
Godwin Hulse, Belize Chamber of Commerce and Industry (BCCI);
Melvin Hulse Jr., United Democratic Party (UDP);
Fred Hunter Sr., Belize Business Bureau(BBB);
(Replaced Arturo Matus in April 1999)
Eduardo Melendez, National Trade Union Congress of Belize (NTUCB);
Douglas Singh, United Democratic Party (UDP);
Carolyn Trench-Sandiford, Association of Senior Public Managers (ASPM);
Dylan Vernon, Association of National Development Agencies (ANDA);
Carolyn Williams, Women's Issues Network (WIN);
Silvana Woods, Media Association;
Lois Young-Barrow, Belize Bar Association (BBA);
(Replaced Simeon Sampson in April 1999)


1.13

Chairperson of the Commission:
The three civil society organizations representing the Civil Society Steering Committee (ANDA, WIN and NGC) were given the right to name the chairperson of the Commission. Dylan Vernon, representing ANDA, was nominated and formally appointed as executive chairperson by Prime Minister Musa in December 1998. In addition to chairing the Commission's meetings, the chairperson also coordinated the various activities of the Commission and prepared the Final Report.


1.14

Changes in the Commission:
During the course of the year, three organizations replaced their original representatives. In March, Ernest Castro replaced Phillip Zuniga for the NGC. In April, Lois Young-Barrow replaced Simeon Sampson for the BBA, and Fred Hunter Sr. replaced Arturo Matus for the BBB.


1.15

Suspension of Participation of the UDP:
The UDP suspended the participation of its representatives, Douglas Singh and Melvin Hulse Jr., between February 22 and June 30 as a protest against developments in the Supreme Court related to the tenure of the last Chief Justice of the Supreme Court of Belize.


1.16

Commissioner Melvin Hulse Jr.
After the UDP lifted its suspension on June 30, Commissioner Melvin Hulse Jr. did not thereafter participate in Commission meetings due to developments of a personal nature. Because of he did not participate in most of the Commission's deliberations and decision-making, Commissioner Melvin Hulse Jr. did not to sign the letter submitting this Final Report to the Prime Minister.

 

1.17

The Methodology Used:
Secretariat Established:
In the first week of February, a Secretariat for the Commission was established. Office space was provided by the Belize Water and Sewerage Authority (WASA) in its headquarters in Belize City. An Administrative Officer, Nellie Catzim, was hired to staff the Secretariat and to provide general support to the work of the Commission. Furniture for the Commission was provided by WASA. Other office equipment was provided to the Commission by the Government of Belize. The Government also provided a budget for the implementation of the Commission's activities. The Secretariat was accessible to the public through visits, letters, telephone calls, faxes and e-mails.


1.18

Commission Working Sessions and Process:
The Commission aimed to have one-day working sessions every first and third Thursday of each month at the WASA Conference room in Belize City. Twenty-six (26) such meetings were held between January and December. Additionally, the Commission held two weekend retreats to ensure timely completion of its mandate. Participation at the working sessions and retreats was high and the debate spirited. Commissioners also shared the work of preparing draft papers and recommendations on selected topics for consideration in the Final Report.

1.19

Early in the year, several Commissioners and some in the general public expressed concern over what they perceived as an extremely short time period to effectively carried out such a major task that has far reaching national implications. The Commission noted that a significant amount of work had already been done by several organizations on the issue of political reform, including nation-wide public consultations and that it was not starting from scratch. Additionally, the Commission felt that a longer process could dampen interest in the issue and perpetuate public cynicism about governments' inaction on issues of public concern. Eventually, the Commission agreed to organize itself to complete the mandate in the time requested.

1.19

Early in the process, the Commission decided that its mandate did not include making public comments or giving views on existing political reform related initiatives of the Government as they happened. However, the Commission agreed its mandate did allow reviewing and making recommendations on any new political reform legislation, such as the Referendum Act, in the regular course of its work.

1.20

In February, the Commission also made a request that, during the life of the Commission, the Government put a moratorium on additional political reform measures outside of the various Bills and initiatives already in the pipeline. In doing so, the Commission sought to avoid any public confusion between the mandated work of the Commission and political reforms that the government may implement outside of this process. The Government did agree to this request. While there were a few instances where Government did find it necessary to advance political reform initiatives, the Commission communicated its concern and proceeded with the completion of its mandate.


1.21

The Three Phases of Work:
At its first meeting on January 13, 1999 the Commission developed a three-phase plan of action to do its work and to produce a comprehensive report with recommendations by the end of 1999. There was, of course, a degree of overlap between the phases.


1.22

Phase I: (January - April)
In Phase I, the Commission focused on its mandate "to take into account all the ideas and proposals made over the past few years by different organizations." The Commission found that indeed a significant body of material on political reform had been produced by civil society organizations and individuals in Belize. (See some of these in the selected bibliography at Appendix VIII). After reviewing these and after each Commissioner had shared preliminary reactions and ideas, a paper was prepared that outlined the various areas of concerns and possible recommendations for addressing them. The Commission used this paper to help inform its first detailed review of the Constitution and its subsequent deliberations.

1.23

In Phase I and throughout the process of developing recommendations, the Commission also carefully reviewed relevant constitutional and political reform documents from nations outside Belize and particularly in the English-speaking Caribbean. Of special mention here are materials on the monarchical debate in Australia, and the reports of the recent constitutional reform processes of Jamaica and Barbados. (See Appendix VIII for selected bibliography).

1.24

The Commissioners used the Constitution as a point of departure for approaching the mandate. A detailed review of the Constitution was started in Phase I with a view to familiarize Commissioners with all its contents and to further identify specific areas and questions for reform. This review process carried over into part of Phase II.


1.25

Public Information:
It was clear very early in the work of the Commission that lack of public awareness about the Constitution and the political system could limit the effectiveness of the reform process. There was early consensus that political education would be a strong recommendation of the Commission. While public education was not part of the mandate of the Commission, the Commission decided that it could at least contribute to making more information available to the public. In February 1999, the Commission requested that the Government provide 10,000 copies of the Belize Constitution and 2,000 copies of the booklet "How We are Governed" for free nation-wide distribution. The Government quickly agreed to this request and copies were distributed nation-wide through a joint effort of the Commission and the Press Office of the Government. Once these documents were made easily available, public demand was high and the copies went quickly. Consequently, additional copies were requested and distributed to meet public demand.


1.26

Phase II: (May - July):
Phase II focused on the Commission's mandate to "conduct its work in a manner that allows for greatest possible public participation." While the Commission sought and received public input between January and September through mail-ins, faxes, e-mails, visits to the secretariat, and phone calls, it planned a period of intense public consultations to stimulate higher levels of national participation in the process.


1.27

Materials Production and Dissemination:
So as to stimulate public debate and input into the reform process, the Commission produced a four-page pamphlet that (a) shared information about the Commission's mandate, (b) outlined the known concerns that had been expressed by various segments in the society, (c) asked twenty selected reform questions, and (d) urged input. Twenty-thousand (20,000) copies of the pamphlet were produced in English and 3,000 in Spanish. They were widely distributed across the nation, and were used by many to organize their responses. (See Appendix III for a copy of the pamphlet).


1.28

Nation-wide Public Consultations:
Belizeans nation-wide and in every district had an opportunity to give their views on political reform. In the month of June, the Commission held ten public consultations in urban centers in each district. (See Appendix IV for list of public consultations). Commission members shared the task of hosting the consultations and getting public input. Apart from Belize City and San Pedro, the meetings were generally well attended with an average of 30 people per session. Most participants made concrete recommendations to Commissioners. Public activities of the Commission were well advertised nationally and locally in newspapers, on radio and on television. Some public notices were also done in Spanish.


1.29

Call-in Radio Shows:
Between April and July, Belizeans across the nation had the opportunity of participating in one of the Commission's two weekly call-in radio shows on national radio. A total of 24 one-hour shows were produced. Called "Rock Di System," the call-in show was on Love FM on Thursdays from 8:00-9:00 p.m., and on KREM on Sundays from 11:30 am - 12:30 p.m. (See Appendix V for list of radio shows and themes). Commission members shared the responsibility for hosting the shows and the recorded input was transcribed by the Secretariat. Many Belizeans took advantage of the opportunity and called in their concerns, questions and recommendations.


1.30

Other Public Input:
In February, June and August, the Commission wrote a total of over 200 letters to organizations and individuals requesting input on political reform. Most responses came late in the process and just before the deadline for public input. Submissions made after the deadline were reviewed if they arrived before the Commission had developed a final recommendation on the issue addressed. Apart from the public input coming from the radio shows and consultations, the Commission received considerable input from the following sources:

  • Written papers from organizations and individuals via the mail and e-mail. (See Appendix VI for list of organizations that made submissions);
     
  • Telephone calls to the Secretariat;
     
  • Oral Presentations to Commission members and the Secretariat;
     
  • Radio and Television talk shows to which the Commission was invited;
     
  • Presentations by Commission Members to Interest-Groups.

Individual submissions from all sources totaled over 475.


1.31

September 30 Deadline for Submissions:
In light of the one-year time limit, the Commission found it necessary to set a deadline to allow it time to review all input and complete its mandate. September 30, 1999 was set as the deadline and publicized extensively using the national media, letters and e-mails. The setting of the date resulted in an increase in input. Several submissions were made after the deadline and the Commission did review these if they came before the Commission had made a final decision on the issue in question.

1.32

At points throughout the consultation process, the Commission was concerned that certain sectors of the population were not responding enough to the requests for input. However, the Commission notes that written input and visits to the Commission increased as the September 30 deadline drew near. Time and resources prevented the Commission from doing more public activities to get views of people living in rural areas. The radio show did reach some Belizeans in rural areas. And while the Commission did receive a small number of submissions from Belizeans living abroad, it was unable to do consultations targeted at this population. Generally, however, the Commission is satisfied that the input it did received was varied and impressive and certainly enough to inform the work of the Commission.


1.33

Phase III: (August -- December):
In Phase III, the Commission focused its attention on reviewing all the input and views given by the public and used these to debate and develop a final comprehensive report with concrete recommendations for improving the system of government. All recommendations and concerns from all sources were compiled in a document entitled, "Compilation of Recommendations and Concerns" which the Commissioners used to organize the decision-making process.

 

The Final Report:
Report Content:

1.34

The Commission prepared and submitted two progress reports to the Prime Minister in April and August of 1998. In this Final Report (hereafter referred to as "the Report" or "this Report") the Commission presents its findings and recommendations. After the introduction in Chapter 1 of this Report and a summary of findings and recommendations in Chapter 2, the Report moves to the detailed presentation of findings and recommendations. The Commission chose to organize the various issues, concerns, questions and recommendations by using the ten broad headings that exist in the current Constitution plus five additional areas. These five other areas cover the issues and aspects of the government system that are not directly addressed in the Constitution. The fifteen political reform areas used are:

Present Areas in the Constitution:
· The Preamble
· The State and the Constitution
· Protection of Fundamental Rights and Freedoms
· Citizenship
· The Governor-General
· The Executive
· The Legislature
· The Judiciary
· The Public Service
· Finance

Other Political Reform Areas:
· Political Parties and the Electoral System
· Local Government
· Gender and Governance
· Political Education and Political Culture
· Miscellaneous


1.35

 

Report Format:
For each political reform area, the Commission presents its findings and recommendations using the following format:

  • Summary of background, concerns and arguments for/against various recommendations on the particular issue or proposal;
     
  • Analysis of the issues by the Commission;
     
  • Statement of the Recommendation(s) of the Commission;
     
  • Reference to written statements of dissention by specific Commissioners.

1.36

Throughout the process of making decisions on recommendations to be made to the Government, the Commission aimed for unanimous support for all recommendations. While most of the Commission's recommendations have the unanimous support of all members of the Commission, we have also included those that have the agreement of the majority of Commissioners and allowed dissenting views to be included in writing as part of the report. The dissenting views were limited to five hundred words each and those submitted are attached as Appendix VII of this Report.


1.37

Scope of the Report:
While the Commission cannot claim that it has examined every issue related to the nation's political system and practice, it is satisfied that the findings and recommendations of this Report are generally reflective of the concerns and proposals of the majority of the Belizean society at this point in time. Indeed, political reform is not a product but a continuous process of adapting and enhancing a system to suit the realities of the times and this Report does not pretend to be the last word on political reform for Belize. It should be emphasized however, that not only were the Commissioners themselves representative of a wide cross section of this society, but hundreds of citizens took the opportunity to participate in the process.

1.38

The Commissioners ask that these factors be cause for timely and bold action by Government on the recommendations of this report. Also, the Commissioners urge that, at the earliest possible time, copies of the Final Report be made easily available to the Belizean public for their continued participation in the reform process.

 

 

CHAPTER 2: SUMMARY OF FINDINGS AND RECOMMENDATIONS


 


2.1

Summary of Key Concerns about the System of Governance:
In reviewing and debating the various concerns that Belizeans have expressed about the Belize system of government, the Commission noted that these and the related calls for political reform are not unique to Belize. Large and small nations across the globe have been experiencing a lack of trust in governments, a belief that politicians do not care and a feeling that governance has become detached from people's development. These too seem to be the general feelings of most Belizeans. Their key concerns about the system and practice of government which have been identified by the Commission are listed below. These are presented in no order of priority and are further elaborated in the relevant sections of this Report.

  • Official corruption and lack of accountability of elected and public officials;
     
  • Doubts about the independence and effectiveness of the Courts of justice;
     
  • Excessive partisan control and division;
     
  • Lack of people's participation in the system;
     
  • Lack of women in positions of political leadership;;
     
  • The system does not work effectively for the poor;
     
  • Excessive centralization of powers in the Prime Minister and the Cabinet;
     
  • Ineffective separation of powers between the Executive and Legislature and the Judiciary;
     
  • The House and Senate are only rubberstamps;
     
  • Having a Foreign Monarch as Belize's Head of State;
     
  • Lack of regulation of political parties and campaign financing;
     
  • A political culture characterized by fear, victimization, passivity, and dependence;
     
  • Lack of education about our Constitution and system of governance.


2.2

Models of Government:
During its consultations, the Commission received significant input on what model of government would provide the people of Belize with more effective, participatory and accountable government. It became clear early in the process that the Commission would need to give much thought to the question of whether or not to recommend a model of government other than the existing parliamentary model that Belize has practiced since independence. At the same time, the Commission was aware that a strict model approach brought with it the danger of limiting the creativity of conceptualizing a system for Belize that included aspects of various models.

2.3

After reviewing all public input, the Commission observed that most people were focusing the model debate to the merits and demerits of two major systems of government: (1) the existing Parliamentary Executive model, and (2) the Executive Presidential model.

2.4

In preparing for the debate on models or mix of models to recommend to government, the Commission engaged in an insightful discussion on key philosophical concepts related to democracy, governance, power, republics and models of representative government. Various articles and texts were used to inform the discussion.


2.5

The Parliamentary Executive Model:
The model that Belize has been working since 1981 is a variant of the British Westminster Parliamentary model that is unwritten and has parliament as supreme. The Belize parliamentary model, which operates under a written and supreme Constitution, has the following key characteristics:

  • There is a parliamentary executive in that members of the Cabinet come from the National Assembly;
     
  • The National Assembly, constitutionally charged with making legislation and policy, is made up of an elected House of Representatives with 29 seats and an appointed Senate with 8 seats;
     
  • The Prime Minister is the member of the House of Representatives who commands the support of the majority of members of the House and is appointed by the Governor-General;
  • In practice, the model provides an Executive that can exercise strong government in that it is easy to translate the political will of the Executive into legislation by having built in majorities in both the House of Representatives and the Senate and in practically every government board or council;
     
  • The Constitution provides for an independent Judiciary under which the people of Belize ultimately enjoy the protection of the law;
     
  • The electoral system is a "first past the post" system which has separate elections in each of 29 constituencies. The overall popular vote is irrelevant to the outcome;
     
  • The model assumes a two-party system;
     
  • Opposition parties have no real power outside of making some official appointments and preventing constitutional amendments if the majority party does not have the required 2/3 or ¾ of the seats in the House;
     
  • The Governor-General represents the Queen of England who is Belize's monarchial Head of State.

These characteristics will be further described and examined in the relevant chapters of this report.

 


2.6

Key Concerns About the Belizean Parliamentary Model:
In reviewing the public input specifically on the failures of the present Parliamentary model as practiced in Belize, the Commission noted the following specific concerns:

  • There is no effective separation of the Executive and Legislative branches of government. Since independence, ministers and ministers of state have always been the majority in the House of Representatives;
     
  • The oversight function of the Legislature over the Executive has not been working;
     
  • The House and even more so the Senate serve largely as rubber stamps for Cabinet decisions;
     
  • It is perceived that the Executive has been exercising some control over the Judiciary and so eroding its independence;
     
  • The system is in essence a dictatorship of the Cabinet with little scope for others to participate in decision-making;
     
  • The system encourages political tribalism as parties compete viciously for the power of the Cabinet;
     
  • The electorate has little direct say over who becomes the nation's executive leader;
     
  • The system has not effectively prevented the increase of official waste and corruption;
     
  • Although Belize is a democratic state, it still retains a monarchial Head of State.


2.7

Defining Republic:
Discussing the characteristics and usefulness of the key alternative model, the Commission was careful to agree on the language of defining this model. The Commission noted that the term "republic" had varied usage in describing systems of government. It noted that while both the United States of America and Trinidad and Tobago define themselves as republics they have very different models of governance. Trinidad and Tobago, while still using a parliamentary executive model, defines itself as a republic because it no longer has the British monarch as its Head of State. To avoid confusion in use of the term, "republic" the Commission chose to use the term "executive presidential" to describe the second major model it examined and focused on the United States experience of this model.

 


2.8

The Executive Presidential Model:
The key characteristics of this model are:

  • It has a president who is elected by the popular vote and who is the Head of State and head of the executive;
     
  • The Cabinet is appointed from the society at large and not from the elected legislative bodies;
     
  • There is provision for an elected unicameral or bicameral legislature which has significant oversight over the Executive branch;
     
  • There is provision for an independent Judiciary with judges who serve for life;
     
  • Separation of powers and checks and balances are key fundamental principles.


2.9

Arguments for Moving to an Executive Presidential Model:
The key arguments of those who advocated consideration of an Executive/Presidential system of government for Belize included the following:

  • It would make the House more effective in representing interests of people since the House would not be a mere rubber stamp of Executive decisions;
     
  • It would weaken the power of the Executive and give the House more power and more oversight over the Executive;
     
  • It would relieve members of the House of executive responsibility and so re-focus their function on quality representation and more independent policy and law development;
     
  • There would be no guarantee of a legislative majority of the majority party since the elected representatives do not have to vote with their party;
     
  • It would enable the popularly elected President to select ministers from outside the House and give the President more control over ministers;
     
  • It would increase people's input in choosing both an executive leader and an area representative.


2.10

Arguments for Keeping the Parliamentary Executive Model:
There were also very strong arguments from the public and from some Commissioners for keeping the main elements of the present system of government:

  • It allows for strong government and quick decision-making;
     
  • There is no possibility for national paralysis caused by partisan quarrels and spitefulness due to different parties controlling the executive and the legislature;
     
  • The Belizean people are used to it and it fits our political culture;
     
  • While there are problems, we have not yet worked the system enough and taken advantage of all it provides;
     
  • Many Belizeans do not understand the present system enough and a more comprehensive education campaign is needed before considering another system;
     
  • The executive presidential model would not get the bipartisan and national support needed for adapting this new system;
     
  • The present system can be revised and fine-tuned to address some key concerns that many Belizeans have about their system of government.


2.11

Commission's Position on System of Government:
"Let's rock the boat but not overturn it." This summation by a citizen in Corozal accurately captures the views of the majority of those who shared their views during the national consultations. The majority of the Commission also shares this view. While the Commission finds some merit in elements of the executive presidential system, it is not convinced that a complete move to this system is the best political reform route take at this time in Belize's development.

2.12

At the same time, the Commission is strongly convinced that Belize's parliamentary system does have some problems and limitations that require urgent attention. It is the view of the Commission that these inadequacies can be best addressed without a complete dumping of the parliamentary model. What is needed is a strategic mix of bold political reforms and creative use of a limited number of elements of other democratic systems that can enhance the performance of Belize's parliamentary model.

2.13

Recommendations 1 and 2 below in the Summary of Recommendations deal directly with the Commission's views on the system of government and the scope of political reform for Belize respectively. The other specific recommendations made by the Commission are also listed below in the Summary of Recommendations in the order that they appear in the various chapters of this Report. Recommendations that have the unanimous support of the Commission have the words "The Commission recommends…" Those that have the support of the majority of the Commission have the words "The majority of the Commission recommends…"

2.14

The recommendations are listed here only for ease of reference and the Commission urges that these recommendations be considered only with the benefit of the context of arguments in which they are made in the relevant chapters of this Report. Also, the Constitution of Belize is a minimum required reference for serious review of this Report.


SUMMARY OF RECOMMENDATIONS

System of Government

Recommendation 1:
The Commission recommends that the system of national government in Belize continue to be based on the parliamentary executive model.

Scope of Political Reform

Recommendation 2:
The Commission recommends that the present political reform effort should focus attention on how to address the inadequacies of the current system and so improve the practice of Belizean democracy. In particular, the Commission urges that the following areas be urgently addressed by the Government and people of Belize:

(a) Decreasing official waste and corruption;
(b) Enhancing opportunities for people's participation in the legislative process;
(c) Enhancing opportunities for women in political leadership;
(d) Enacting campaign finance regulations;
(e) Reviewing the role of the Senate in the legislative process;
(f) Restoring faith in the independence of the Judiciary as the ultimate protector of constitutionally guaranteed rights and freedoms;
(g) Enhancing the effectiveness and impartiality of the public service in the delivery of services to the Belizean public;
(h) Ensuring greater oversight of the Legislature over the Executive branch of government;
(i) Ensuring that elected officials and public officers who violate procedures and laws are held accountable;
(j) Decreasing the divisiveness of partisan politics in the society;
(k) Ensuring that Belizeans become more educated about their rights and about their political system;
(l) Assessing if Belizeans want to retain a non-Belizean and monarchial Head of State.

The Preamble of the Constitution:

Recommendation 3: Format of the Preamble
The Commission recommends that the general format and content of the Preamble of the Constitution remain as is presently.

Recommendation 4: Supremacy of God
The majority of the Commission recommends that the term "supremacy of God" in the Preamble of the Constitution remain unchanged.

Recommendation 5: Ethnicity
The majority of the Commission recommends that the term "ethnicity" be added after the term "race" in Part (e) of the Preamble such that it reads:
(e)"requires policies of state which protect and safeguard the unity, freedom, sovereignty, and territorial integrity of Belize; which eliminate economic and social privilege and disparity among the citizens of Belize whether by race, ethnicity, colour, creed or sex……"

Recommendation 6: Special References
The majority of the Commission does not recommend that the Preamble or other part of the Constitution be amended to specially acknowledge the presence of any particular ethnic or indigenous group of Belize.

The State and the Constitution:

Recommendation 7: Defining Belize
The majority of the Commission recommends that section 1(1) of the Constitution which states, "Belize shall be a sovereign democratic State of Central America in the Caribbean region," remain unchanged.

Recommendation 8: Land and Sea Areas
The Commission is satisfied that section 1(2) and Schedule I of the Constitution accurately describe the land and sea boundaries of Belize and recommends no amendments.

Recommendation 9: Supreme Law Clause
The Commission recommends that section 2 of the Constitution be amended to provide that the Supreme Court of Belize is the original forum for the resolution of all constitutional disputes.

Fundamental Rights and Freedoms:

Recommendation 10: Bill of Rights
The Commission is satisfied that Chapter II of the Constitution on Fundamental Rights and Freedoms adequately provide the basis for the provision and protection of basic rights for persons in Belize and does not recommend the introduction of a Bill of Rights for Belize.

Recommendation 11: Disability
The Commission recommends that section 3 of the Constitution be amended to include entitlement to fundamental rights and freedoms whatever an individual's disability. In relation to this amendment, the Commission further recommends that supporting ordinary legislation be promptly enacted on the rights of the disabled.

Recommendation 12: Sexual Orientation
The majority of the Commission recommends that section 3 of the Constitution be amended to include entitlement to fundamental rights and freedoms whatever an individual's sexual orientation.

Recommendation 13: Language
The Commission is satisfied that section 3 of the Constitution entitles persons in Belize who speak any language to the fundamental rights and freedoms and does not recommend an amendment in this regard.
However, the Commission does urge Government to involve the nation in a debate on the issue of language with the objective of developing a national policy on language for Belize.

Recommendation 14: Other Entitlements
The Commission is satisfied that existing provisions in section 3 of the Constitution adequately entitles persons in Belize to the fundamental rights and freedoms regardless of nationality, cultural beliefs and practices, birth or family status, and political or other opinion, and does not recommend amendments related to these areas.

Recommendation 15: Basic Education
The Commission recommends that an amendment be made to Chapter II of the Constitution to expand the protected rights enjoyed by persons in Belize to include Protection of the Right Not to be Denied Basic Education. In relation to this recommendation, the Commission further recommends:

(a) that the Government of Belize draft a Bill for the constitutional amendment that sets out the extent and limitations to which this right is to be enjoyed;
(b) that the Bill go through extensive public discussion before enactment.

Recommendation 16: Basic Health Care
The Commission recommends that an amendment be made to Chapter II of the Constitution to expand the protected rights enjoyed by persons in Belize to include Protection of the Right Not to be Denied Basic Health Care.
In relation to this recommendation, the Commission further recommends:

(a) that the Government of Belize draft a Bill for the constitutional amendment that sets out the extent and limitations to which this right is to be enjoyed;
(b) that the Bill goes through extensive public discussion before enactment.

 

Recommendation 17: Right to Vote:
The Commission recommends that an amendment be made to Chapter II of the Constitution to expand the protected rights to include Protection of the Right to Vote.

Recommendation 18: Land
The Commission is satisfied that the Constitution adequately protects the right to own land and other property in Belize and does not recommend constitutional amendments related to the protection of the right to land for persons in Belize.
However, the Commission recommends that the land laws and the administration of land distribution and management be reformed so as to (a) ensure transparency and fair opportunity of access and use; (b) de-politicize the decision- making process, and (c) address concerns related to lack of timely compensation for the public acquisition of private land.

Recommendation 19: Freedom of the Press
The majority of the Commission is satisfied that existing constitutional provisions adequately protect the rights and freedoms of persons working in the media and does not recommend that freedom of the press be specifically enshrined in the Constitution.
However, the Commission recommends that Government, in consultation with the media in Belize, develop a Freedom of the Press Bill that sets out the extent and limitations of the rights and freedoms exercised by those in the media in Belize.

Recommendation 20: Detained and Arrested Persons
To further protect the rights of detained and arrested persons, the Commission recommends the following:

(a) amend section 5(2)a of the Constitution to decrease the time period in which detained persons must be informed of the reason for their detention from 48 hours to 24 hours;
(b) amend section 5(2)b to now read:
"to communicate with and be visited by a legal practitioner, medical practitioner, and religious counselor of choice; and spouse, family member or guardian without delay;"
(c) amend section 5(3) to decrease the time period in which arrested or detained persons must be brought before a court of law from 72 hours to 48 hours;
(d) expand the crimes, other than capital murder, under which arrested persons must be provided with free legal assistance;
(e) provide more human and financial resources to strengthen the legal aid office to allow for greater access and more effective performance;
(f) amend section 6 to add a section 6(3)g to ensure that persons who are tried for offences that carry sentences of more than five years imprisonment have the right to trail by a jury;
(g) ensure that section 6(10)a is not abused in the drafting of legislation to shift the burden of proof from the prosecution to the accused;
(h) amend section 19 (1) to ensure that all persons detained under a state of emergency are informed orally and in writing of the charge(s) against them in a language they understand.

Recommendation 21: Enforcement Provisions
The Commission recommends that section 20 of the Constitution be amended such that:

(a) a clause is added to an appropriate part of section 20 to clearly state that constitutional cases related to alleged contravention of the fundamental rights and freedoms of Chapter II be treated as first priority by the Supreme Court of Belize.
(b) the provisos (last paragraphs) in sections 20(2)b and 20(4) be deleted from the Constitution.

Recommendation 22: Duties and Responsibilities
The Commission does not recommend the inclusion of a section or chapter in the Constitution on duties and responsibilities of citizens.

Citizenship:

Recommendation 23: Citizenship Before Independence Day
The Commission recommends that section 23(5) remain as presently stated in the Constitution.

Recommendation 24: Economic Citizenship
The Commission recommends that:

(a) Section 26(1)c of Chapter III of the Constitution be deleted completely to disallow the granting of citizenship to persons "making a substantial contribution to the economy and/or well-being of Belize or who has rendered distinguished service to Belize."
(b) Any law or policy related to economic citizenship be rescinded or amended to reflect (a),
(c) That a visa process be used to facilitate the movement and work of genuine investors.

Recommendation 25: Deprivation of Citizenship
The Commission recommends that section 28(b) of the Constitution be amended to read:
"depriving any person who acquired citizenship by registration of such citizenship of Belize."

 

Recommendation 26: Persons Born on Belizean Registered Vessels
The Commission recommends that a proviso be added to section 29(1) of the Constitution to read as follows:
"Notwithstanding the provision of section 29(1) of this Chapter and subject to Section 25, a person born aboard a ship or aircraft with Belizean registration will not be deemed to have been born in Belize."

Recommendation 27: Entitlement for Persons Born Outside Belize
The Commission recommends that the word "not" in line #3 of section 29 (4) of the Constitution be removed.

Recommendation 28: Language and Civic Knowledge as Requirements
The majority of the Commission recommends that:

(a) The Belizean Nationality Act be amended to make a basic knowledge of the official language(s) of Belize a requirement for the grant of Belizean citizenship by registration to persons who are at the age of understanding;
(b) The Belizean Nationality Act be so amended to make a basic level of civic knowledge about Belize a requirement for the grant of Belizean citizenship by registration to persons who are at the age of understanding;
(c) A combined simple test be developed to fulfill the requirements of (a) and (b) above;
(d) All names of persons obtaining citizenship by registrationt be published in the Government Gazette on a timely basis.

Recommendation 29: Mandatory Military Service
The majority of the Commission does not recommend that citizens of Belize of a certain age be constitutionally required to give a period of mandatory service in the Belize Defense Force.

Recommendation 30: Dual Citizenship and Election to the House:
The majority of the Commission does not recommend a constitutional amendment that would require persons with dual citizenship to renounce citizenship to other countries before seeking election to the House of Representatives.

 

The Governor-General:

The Commission was unable to arrive at a majority recommendation on the issue of replacing the British monarch as the Head of State of Belize with a Belizean citizen. The Commission directs readers to Chapter 7 of this Final Report for a full summary of the Commission's deliberations on this issue.

The Executive:

Recommendation 31: Method of Appointment of Ministers
The majority of the Commission recommends that the present method of appointment of Ministers from the National Assembly to the Cabinet be continued.

Recommendation 32: Size of Cabinet
The Commission recommends that Section 40 of the Constitution be amended to limit the number of members of the National Assembly who can be appointed to the Cabinet to be:

(a) no more than 40% of the total number of members of the National Assembly, and shall be
(b) less than 50% of the members of each House.

Recommendation 33: Qualifications of Ministers
The majority of the Commission does not recommend a constitutional amendment to further specify basic or specialized qualifications for Cabinet appointees.

Recommendation 34: Ministers of State
The majority of the Commission recommends that provision for Ministers of State remain in the Constitution.
The Commission further recommends that a Constitutional amendment be made at Section 45 to clearly state that Ministers of State are not members of the Cabinet and have no vote in Cabinet, but can be invited to make presentations to Cabinet and participate in Cabinet discussions.

Recommendation 35: Appointment of the Prime Minister
The Commission recommends that section 37(2) be amended to now read:
"Whenever the Governor-General has occasion to appoint a Prime Minister, the Governor-General shall appoint the member of the House of Representatives who appears to the Governor-General most likely to command the support of a majority of the members of the House."

Recommendation 36: Process for Selecting Prime Minister
The majority of the Commission does not recommend that the present process for choosing the Prime Minister of Belize be changed to a direct popular election model.

Recommendation 37: Term Limits for the Prime Minister
The majority of Commissioners recommends that term limits for the office of the Prime Minister of Belize be not adopted at this time.

 

Recommendation 38: Provision for Resignation
The Commission recommends that:

(a) section 37(5) of the Constitution be amended to add a new section 37(5)d to provide for the Office of the Prime Minister to become vacant through resignation, and
(b) relevant sections of the Constitution on the vacation of office of Representatives, Senators, and Ministers be amended to provide for resignation.

Recommendation 39: Statutory Instruments
The Commission recommends that the use of the Statutory Instrument mechanism be further regulated by:

(a) curtailing the enabling power of Ministers to legislate by reducing legislation that gives this power;
(b) making it mandatory for all statutory instruments to go to the House of Representatives for ratification at the next sitting of the House.

Recommendation 40: Leader of the Opposition
The Commission recommends that the Standing Orders of the House of Representatives be amended to establish the Office of the Leader of the Opposition and that the holder of this office be provided with transportation and operational expenses to facilitate the exercise of the duties of this office.

Recommendation 41: Belize Advisory Council
The Commission recommends that Section 54 of the Constitution be amended to:

(a) fix the number of members of the Belize Advisory Council to six members plus a chairperson;
(b) have the Head of State appoint two members on the advice of the Prime Minister, two members on the advice of the Leader of the Opposition, and two members in his/her own deliberate and independent judgement;
(c) have the Head of State appoint the chairperson with the concurrence of both the Prime Minister and the Leader of the Opposition;
(d) have the term of office for all members be a minimum of ten (10) years.
The Commission further recommends that:
(e) a permanent and staffed secretariat of the Belize Advisory Council be established within the Executive with the functions of providing support to the work of the Council and a permanent point for communication with the Council,
(f) educational material about the make-up and role of the Council be developed and made easily available to the public.

 

 

The Legislature:

Recommendation 42: Unicameral Assembly
The Commission recommends that the Chapter VI of the Constitution be amended to replace Belize's bicameral model of legislative assembly with a unicameral model in which:

(a) The House of Representatives and the Senate sit in joint sessions in a National Assembly;
(b) Members of the House of Representatives and the Senate jointly elect the Speaker by simple majority;
(c) Members of the House of Representatives and the Senate have voice and can participate in all debates;
(d) Senators have voting rights only on special areas as specified in Recommendation 44 of this Report;
(e) Committees of the House may include members of the Senate.

Recommendation 43: Election of the Senate
The Commission recommends that Chapter VI of the Constitution be amended to allow for the proportional election of the Senate such that:

(a) the Senate will compose of thirteen (13) seats;
(b) one (1) Senator will be appointed by the Governor-General representing interests outside the major political parties based on the recommendation of the Belize Advisory Council;
(c) twelve Senators (12) will be appointed by the Governor-General based on the proportion of the popular vote received by political parties in national elections;
(d) the mechanism of the process be as described in section 9.9 of this Report.

Recommendation 44: Powers of the Senate
The Commission recommends that Chapter VI of the Constitution be amended such that:

(a) Bills on selected topics listed in (b) below, require the 2/3 support of the Senate for passage and that lack of Senate consent would either result in the withdrawal of the Bill or a decision of the National Assembly to take the issue to the electorate in a referendum for approval;
(b) The consent of the Senate in (a) above be required for the Bills that deal with:

(i) Amendments to the Constitution of Belize,
(ii) Issues of National Security,
(iii) Issues of Territorial Boundaries,
(iv) Treaties related to the Belize/Guatemala territorial dispute.

 

Recommendation 45: Right of Recall
The majority of the Commission does not recommend the introduction of a mechanism to recall elected representatives for Belize at this time.

Recommendation 46: Anti-Defection in the House
The Commission recommends that the Government of Belize, after public consultation, develops and enacts anti-defection legislation for members of the House of Representatives.
The Commission further recommends that in developing the Anti-Defection Act that:

(a) crossing-the-floor to join another political party in the House, and resignation from a political party in the House are included as part of the definition of defection;
(b) it be further debated if members voting against their political party's position in the House, or abstaining from voting in the House should constitute defection;
(c) the mechanism for removing members who defect include the following process:

· The leader of the party from which a member has defected informs the Speaker of the House;
· The Speaker declares the seat vacant;
· The member affected has 21 days to take the matter to the Supreme Court which would decide if there is cause for removal.

(d) If the removal of the member is not contested or is sustained by the Supreme Court, there is a by-election in the constituency in which there is a vacant seat.

Recommendation 47: Prevention of Corruption:
The Commission recommends that Government, with the input of the public, reviews and strengthens the Prevention of Corruption in Public Life Act (No.24 of 1994) with the objective of enhancing its effectiveness in the prevention and punishment of corruption of elected and public officials.
The Commission further recommends that the revised Act do at least the following:

(a) reform the appointment process and composition of the Integrity Commission such that the Governor-General appoints two members with the concurrence of the Prime Minister, two members with the concurrence of the Leader of the Opposition, one on the advice of the Belize Council of Churches, one on the advice of the Belize Bar Association, and one on the advice of the Institute of Chartered Accountants of Belize;
(b) have the chairperson be elected by the three non-partisan appointments from among themselves;
(c) extend the tenure of office of members of the Integrity Commission from three to seven years;
(d) use the provision of section 10 of the Act to have the National Assembly expand the definition of 'public life' to include senior public officials to require them to make annual financial disclosures;
(e) review the offences listed under Part IV of the Act (Code of Conduct) with the objective of assessing whether an expansion is required;
(f) amend section 36(1) of the Act to replace the Solicitor General as the Integrity Commission's legal advisor with a private legal counsel of the Commission's choosing.

Recommendation 48: Residency Criteria
The majority of the Commission recommends that the one-year residency criteria for those seeking to be candidates for the House of Representatives be maintained.

Recommendation 49: Parliamentary Counsel
The Commission recommends that the office of Parliamentary Counsel be established to facilitate the members of the National Assembly with the drafting and interpretation of legislation.

Recommendation 50: People's Participation
The Commission recommends that the following measures be adopted to facilitate public awareness and participation in the legislative process:

(a) make the office of the Parliamentary Counsel accessible to citizens and citizen groups who want to propose legislation.
(b) establish the office of the Public Relations Officer for the National Assembly who will be responsible for ensuring that the public (i) is kept informed of all Bills, (ii) has easy, free and timely access to Bills, (iii) is informed of the times of the sitting of House Committees, and (iv) has easy and free access to all Acts signed by the Head of State.
(c) increase the time between the first reading of a Bill to the first review by the House Committee from twelve to thirty days to allow more time for distribution and review.

Recommendation 51: Compensation for House Members
The Commission recommends that government commission a comprehensive review of the salaries and benefits of members of the House of Representatives, Senators and Ministers with the objective of assessing the feasibility and the extent of increases in compensation.

Recommendation 52: Oath of Office
The Commission recommends that the oath of office in Schedule 3 to the Constitution be amended to delete the words, "Her Majesty Queen Elizabeth the Second and Her Heirs and Successors."

 

Recommendation 53: Party to Contracts
The Commission recommends that section 59(2)d of the Constitution be so amended to add the words: "directly or indirectly" as to now read:
"if the member shall, directly or indirectly, become a party to any contract with the Government ……."

Recommendation 54: Fee for Sitting in House when Unqualified
The Commission recommends that section 87 of the Constitution be amended to increase the penalty for knowingly sitting in the House when unqualified from $100 to $500.

Recommendation 55: Resources for House Members
The Commission recommends that the current practice of providing elected representatives with resources to allow easy access to them by the people in their constituencies continues and becomes enacted.

The Judiciary:

Recommendation 56: The Magistracy
The Commission recommends that:

(a) the Magistracy be duly recognized in the Constitution as a part of the judicial system of Belize;
(b) magistrates be appointed directly by the reformed Judicial and Legal Services Commission, (See Recommendation 60);
(c) magistrates not be public officers during their time of service;
(d) magistrates be given security of tenure that is longer than five years;
(e) minimum legal qualifications for magistrates be developed;
(f) Government undertakes an urgent study of the terms and conditions of service of magistrates, methods of recruitment and training, and the role of the Chief Magistrate in relation to the management of the magistracy and the scope of constitutional protection that should be accorded to magistrates.

Recommendation 57: Appointment of Judges
The Commission recommends that section 97 of the Constitution of Belize be amended to provide for:

(a) the appointment of the Chief Justice of the Supreme Court by the Head of State on the joint recommendation of the Prime Minister and the Leader of the Opposition from a list of nominees made by the reformed Judicial and Legal Services Commission. If a joint recommendation cannot be made within a given time, the Head of State, in his/her own deliberate judgement, shall appoint the Chief Justice from among the nominees of the Judicial and Legal Services Commission;
(b) the appointment of the Puisne judges by the Head of State acting on the recommendation of a reformed Judicial and Legal Services Commission after the Commission has consulted with both the Prime Minister and the Leader of the Opposition;
(c) increasing the age to which a person may act as a Supreme Court judge from 62 years to 75 years;
(d) the addition of a sub-section 97(3)c which adds another criteria for appointment of judges to state the following:
"he/she is a person of good character and integrity"

Recommendation 58: Removal of Judges
The Commission recommends that section 98 of the Constitution be amended to reflect the following process for actions related to the removal of Justices of the Supreme Court:

(a) written complaints relating to section 98(3) of the Constitution are to be sent to the reformed Judicial and Legal Services Commission;
(b) the Judicial and Legal Service Commission reviews the complaint for validity and writes a reasoned recommendation which is sent to the Belize Advisory Council;
(c) the Belize Advisory Council reviews the recommendation of the Commission, requests clarifications if necessary, and then makes a decision, in its own deliberate judgement, for forwarding to the Governor-General;
(d) the Governor-General acts on the advice of the Belize Advisory Council and informs, in writing, the judge in question and the complainant, of the decision.

Recommendation 59: Court of Appeal
The Commission recommends that section 101 of the Constitution be amended to allow for the Justices of Appeal of the Court of Appeal to be appointed in the same manner as the appointment process recommended for the Chief Justice at Recommendation 57 (a) of this Final Report.

Recommendation 60: Judicial and Legal Services Commission
The Commission recommends that constitutional amendments be made related to the Judicial and Legal Services Commission such that:

(a) The number of members of the Commission is increased to five (5);
(b) The composition of the Commission is as follows:

· The President of the Bar Association of Belize
· Chair of the Public Services Commission
· A nominee of the Bar Association who is a Senior Counsel
· A nominee of the National Trade Union Congress of Belize
· A nominee of the Belize Chamber of Commerce and Industry;

(c) The Commission be removed from Chapter VIII on the Public Service through the deletion of section 105(11)b and placed in Chapter VII on the Judiciary;
(d) The Commission so constituted be responsible for matters related to the administration of the Magistrates Courts, the Supreme Court, and the Court of Appeal.

Recommendation 61: Privy Council
The Commission recommends that, until a suitable replacement final court of appeal is identified, that the Privy Council remain as Belize's final court of appeal.

Recommendation 62: Limitation of Applications and Motions
The Commission recommends that the Supreme Court of Judicature Act and the Constitution, if necessary, be amended to limit the time to twelve (12) months within which criminal applications and constitutional motions arising from murder convictions may be brought before the Supreme Court so that sufficient time is left within which the law of the land can be carried out.

Recommendation 63: Director of Public Prosecutions
The Commission recommends that section 50(2) of the Constitution be amended to replace the words "in any case in which he considers it desirable to do so" with "with good and sufficient reason" so that it reads:
"The Director of Public Prosecution shall have power, with good and sufficient reason, to (a) institute and undertake criminal proceedings against any person before any court of law …"

Recommendation 64: Legal Aid
The Commission recommends that Government provide more human and financial resources to strengthen the legal aid office to allow for greater access and more effective performance.

Recommendation 65: Compensation for Judges
The Commission recommends that the Government commission a review of the terms of service of all judges in Belize with the objective of increasing compensation packages and attracting quality judges willing to serve for long periods of time.

 

The Public Service:

Recommendation 66: Function of Public Service Commission
The majority of the Commission recommends that the Public Service Commission maintain its functions of recruitment, confirming employment, removal and disciplining of public officers.

Recommendation 67: Reforms to the Public Service Commission
The Commission recommends the following reforms of the Public Service Commission:

(a) section 105 of the Constitution be amended to re-structure the present Public Services Commission into three separate and independent Commissions: the Public Services Commission, the Security Services Commission, and the Judicial and Legal Services Commission;
(b) the Judicial and Legal Services Commission be moved to now fall under Chapter VII of the Constitution as described in Recommendation 59 of this Report;
(c) the Security Services Commission be responsible for the Police Force, the Belize Defense Force, the Fire Department, and the Prison Department;
(d) the reformed Public Services Commission be responsible for all departments in the Public Service not covered by either the Security Services Commission and the Judicial and Legal Services Commission;
(e) the reformed Public Service Commission be comprised of seven members appointed by the Governor-General in the following manner:

· Two members on the advice of the Prime Minister
· Two members on the advice of the Leader of the Opposition
· One member on the advice of the Belize National Trade Union Congress
· One member on the advice of the business sector
· The chairperson on the advice of the Belize Bar Association with the concurrence of the Prime Minister and the Leader of the Opposition;

(f) the Security Services Commission be comprised of seven members appointed by the Governor-General in the following manner:

· One member on the advice of the Prime Minister
· One member on the advice of the Leader of the Opposition
· Four members from persons who are former members of the Belize Defense Force, Police Force, Prison Department and Fire Department and above the rank of non-commissioned officers in the case of the Belize Defense Force and the Police Force, and above the rank of Captain in the case of Prison Department and the Fire Department and in any case not currently employed by the Government of Belize;

(g) full-time secretariats be established for both the Public Services Commission and the Security Services Commission with the responsibility of administering the day-to-day communication and work of the Commissions.

Recommendation 68: Senior Public Officers
The Commission recommends that:

(a) Permanent Secretaries no longer be the most senior permanent position in the public service but instead be political appointees of the government in office with responsibilities to coordinate the implementation of the government's policies in the ministry;
(b) the term "permanent secretary" not be used to describe the holder of the positions cited in (a);
(c) the Head of Department be made the most senior permanent public officer;
(d) the Head of Department assumes most of the administrative, accounting and reporting functions now exercised by the permanent secretaries and staff of the ministries;
(e) Heads of Departments be moved from section 107 to section 106 of the Constitution.

Recommendation 69: Open Vote Workers
The Commission recommends that Government, with the involvement of the Public Service Commission, conduct a comprehensive evaluation and review of the open vote system that results in recommendations for its future role and use in the Public Service.

Recommendation 70: Area Representatives and Public Officers
The Commission recommends that provision be made to:

(a) prevent area representatives of the House of Representatives to involve public officers in the execution of political activities of their constituencies;
(b) provide for the operation of constituency offices separate from the offices of the minister and of the public service.

Finance:

Recommendation 71: Districts and National Revenue
The Commission does not recommend that districts receive funds in the annual budget in proportion to amounts they contribute to the national revenue.

Recommendation 72: Priority Calls on the Budget
The Commission recommends that an amendment be made to Chapter IX of the Constitution to guarantee that the budget requests of the offices of the Ombudsman, the Contractor-General, the Auditor-General, the Elections and Boundaries Commission, the Integrity Commission, the Director of Public Prosecution, and the Supreme Court and the Court of Appeal be given first priority calls on the Consolidated Revenue Fund.

Recommendation 73: Public Debt
The Commission recommends that:

(a) provision be made for all details of all loans made to the Government of Belize to be published in the Government Gazette;
(b) the Government take measures to ensure that public debt as a proportion of national income is kept at a prudent level.

Recommendation 74: Government Contracts
The Commission recommends that the following measures be taken with regards to the process of awarding government contracts:

(a) that the Constitution and relevant laws be amended to require the House of Representatives to ratify the awarding of all contracts over $100,000, or to any one entity whose aggregate contract exceeds $100,000;
(b) that internationally recognized standards for competitive public contracting be adapted by the Government through legislation such that there be public bidding process that is opened to the general public.

Recommendation 75: Social Security
The Commission recommends that the Social Security Act