Photo: Anthony Chanona, Chairman of the People’s Constitution Commission,, called the meeting to order on Friday.
by Orlando Pulido
BELMOPAN, Mon. July 10, 2023
The People’s Constitution Commission (PCC) of Belize held its first constitution lecture and discussion at the Belmopan Civic Center on Friday. The main presenter was Mr. Edd Peter Usher, who holds both a Bachelor’s degree in law (LLB) and a Master of Laws degree (LLM).
Chairman of the PCC, Anthony Chanona called the meeting to order and announced that the Constitution will be looked at through a process of public consultation for the next four months, until October, “… before we ask you what you want to change.”
It was a strategic decision to hold the first constitution lecture in Belmopan because of the large number of public officers there. The Ministry of the Public Service had allowed public officers to attend the meeting.
The Belize Constitution came into effect on 21 September 1981. It is 163 pages long with 154 sections divided into 13 parts or chapters. Glensfield Dennison, Vice Chair of the PCC, noted that the Belize Constitution has been amended ten times since 1981.
Belize’s Constitution itself is supported by five pillars: Legislature, Governance, Rule of Law, Accountability, and Finance. It was the task of Mr. Edd P. Usher to speak about the Preamble and Fundamental Rights. (Usher was particularly qualified to speak on the topic since he is an adjunct lecturer at Wesley Junior College in Belize City, where he lectures in Public Law, and Law and Legal Systems. He does the same at the Corozal Junior College, discussing Constitutional and Public Law, and Law and Legal Systems.)
In an interview with Amandala, Mr. Edd Usher noted that 98% of the country’s population is not aware of the contents of the Belize Constitution. But the PCC will be making presentations at different locations, so that in the end the Belizean people can have a greater understanding of the Belize Constitution, he said.
Mr. Edd Usher told his audience that the Preamble of the Constitution sets the stage for the Constitution. According to Usher, the Preamble says that the will of the people shall form the basis of a democratic country, one that is a “representative democracy.” (Notably, the Preamble, up to 2007, 2008 did not provide for indigenous rights.)
“We wanted a Constitution that acknowledges the Supremacy of God,” he said.
The Preamble states as follows: “affirm that the Nation of Belize shall be founded upon the principles which acknowledge the Supremacy of God, faith in human rights and fundamental freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person and the equal and inalienable rights with which all members of the human family are endowed by their Creator.”
In terms of fundamental rights, Mr. Edd Usher stated that “your fundamental rights are God-given rights.” These rights are found in Part Two of the Belize Constitution. He mentioned that, while the state is the ultimate owner of property, the Government would have to adequately compensate someone who holds a title for a piece of land if for some reason that ownership is reversed. Another fundamental right is the right to life, “save” in situations of a riot. (After the Riot Act is read, it is important to disperse because lives can be lost.) As to freedom of speech, “… it is not absolute,” he went on to state.
Each person in the country has a right to freedom of movement, “but even that has limits,” he clarified. Mr. Usher also explored the right to an attorney, but pointed out that “yu wa pay fu am outa you own pocket.” The presumption of innocence is outlined as well in the Constitution.
One of the functions of the PCC is to keep a record of views and public opinions and take them into account if these are considered appropriate. Ample time was taken on Friday for there to be an exchange between the PCC and members of the public. One of the persons giving his views on Friday was Eddie Webster, Clerk of the National Assembly. He asked that the word “oversight” be placed in the legislative part of the Constitution. Also, while it is the Senate’s duty to approve the Chief Justice “… in the Constitution, it speaks nothing to ambassadors …,” he said.
A working group for the PCC was created by Act Number 28 of 2022. The mandate of the PCC now is to conduct a comprehensive review of the Belize Constitution and submit to the Prime Minister a final report on its findings.