Photo: Sitting of the House of Representatives, Friday, June 30, 2023
During Friday’s sitting, Parliament also passed additional amendments to CFATF to avoid blacklisting.
by Marco Lopez
BELMOPAN, Fri. June 30, 2023
The Criminal Code was amended during Friday’s Sitting of the House of Representatives to repeal provisions related to the deliberate and reckless spreading of HIV-AIDS. During his presentation on the amendment, Minister of Health and Wellness, Hon. Kevin Bernard explained that the punitive laws pose barriers to treating the illness. The bill, which was taken through all its stages and passed, will go to the Senate for final assent and is aimed at encouraging infected persons to seek treatment.
Hon. Dolores Balderamos Garcia rose to remind the House that 22 years ago she was the member who brought the amendments to the National Assembly.
“It really is a momentous day for me – on this particular repeal proposal. I must admit to the honorable House that some 22 years ago, I was the minister at the time who really pushed and promoted the criminalization of the knowing or reckless transmission of HIV. We felt at the time, Madam Speaker, that it was the correct and responsible thing to do, and it may have had its day, like I say, 22, 23 years ago,” Balderamos Garcia said.
Since then, the creation of antiretroviral medication to treat HIV has made the ailment one that infected persons can live with. The human rights approach in tackling the HIV endemic has resulted in a shift of methodology in addressing the stigma and discrimination which prevent persons from getting to know their status and seeking treatment.
The repeal of the law also remedies an unintended effect of the legislation which criminalized infected mothers who would transmit the virus to their offspring during childbirth.
She maintained that other areas of the Criminal Code can address cases of reckless transmission of the virus, and explained that the spread of other sexually transmitted illnesses like the Human Papillomavirus or gonorrhea were not criminalized.
More CFATF house cleaning
Recommendation 25 of the Caribbean Financial Action Task Force requires the storage and sharing of specific information, but when the Trust Act was assessed, concerns arose related to the availability and accessibility of trust information in Belize. Prime Minister Hon. John Briceno shared in his presentation in the House of Representatives on Friday that the Trust Amendment Bill passed on Friday will remedy this shortfall.
A similar amendment was made to the Limited Liability Partnership Act to bring it in line with CFATF Recommendation 25. The bill provides for records to be stored for up to 5 years and for information to be requested and produced.
An amendment to the International Banking Act and Domestic Banks and Financial Institutions Act was also passed on Friday, to amend the measures for single borrowers’ limits among banks and financial institutions.
“All of these have to do with our CFATF compliance that is expected from us to avoid our financial institutions from being blacklisted,” PM Briceno said.
All these bills were taken through all stages during Friday’s sitting and will go to the Senate for assent.