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BPM and GoB may return to court

GeneralBPM and GoB may return to court

Photo: Bobby Lopez, claimant in BPM v GOB redistricting case

The redistricting case brought by the Belize Peace Movement (BPM) against the Government of Belize and the Elections and Boundaries Commission (EBC) was stayed until the conclusion of the report recently completed and shared by the EBC. The BPM concurs with PM Hon. John Briceño that the report raises concerns. 

by Marco Lopez

BELIZE CITY, Mon. July 17, 2023

The Elections and Boundaries Commission (EBC) was obliged to share its redistricting report with the Belize Peace Movement (BPM) – claimants of the redistricting case brought against the Commission and the Government of Belize. Bobby Lopez, leader of the BPM, stated that sometime last week the EBC delivered the report and the suggestions within the document raise concern for the BPM, just as they did for the government.

Lopez explained that they convened a meeting on Wednesday night to have a first review with their attorneys.

“What jumped out at us immediately, and that’s why we concur with the concern the Prime Minister mentioned in one of his interviews – is that the international norms do call for 15% and in fact the special experts to the court, the court’s special expert, actually stated that in his report to the court that most democracies actually aspire for 5%, but 10 to 15 % was the norm,” Lopez said, explaining the international best practices regarding acceptable deviations between electoral divisions.  

Lopez said that the expert witness to the court in this case cited only one case where a 35% deviation is recorded between electoral divisions. A hallmark of democratic elections is the one man, one vote principle, and having electoral divisions with as equal a number of voters as possible, which supports fair representation for citizens and is enshrined in section 90 of the Belize Constitution.

In Belize, the disparities between constituencies are so large that the BPM is of the position that the last and recent elections held are all unconstitutional. This report, instead of sticking to the recommendation made by the expert to the court in his report – which calls for a disparity between 5 and 15 %—assigns a 25% plus or minus deviation for 30 constituencies, and left San Pedro at 35%.

“That is not going to fly; that is really ridiculous; so, at first glance, that was one of our major concerns,” Lopez expressed. He said that they were going to meet again on Friday night, and will hold meetings during the week with their attorneys, and indicated that they plan to respond officially to the EBC on Monday with regards to their objections to, and concerns about, the proposals in the report. The report has since been tabled at the National Assembly and will be debated at the next meeting of the House of Representatives.

“I can concur with the Prime Minister’s concern that this plus minus 25 % for 30 of them, and then making an exception for 35%—and what really is alarming, is that you take one of the largest constituencies which is the Belize Rural South – San Pedro, which I think is about nine thousand four or five hundred voters, and you remove Caye Caulker, which is about thirteen hundred voters, and you still leave them with over eight thousand voters. But what compound that situation is that the report states that San Pedro or the Belize Rural South – which is Belize Rural South, San Pedro/Caye Caulker has been the fastest growing constituency in the country,” Lopez said.

Within that division there was approximately 143% growth from 2005 to 2023. The report recommends that Caye Caulker be removed from the Belize Rural South division and be merged with Fort George.

The residents of Caye Caulker are, however, not happy about this suggestion and would prefer to remain within the constituency currently shared with their sister island, San Pedro. An initiative has been launched by the residents of the island to sign a petition to reject the recommendations. Organizers of the initiative hope to deliver 500 signatures to the ECB before the end of today. Attorney Wendy Auxillou, who is a resident of Caye Caulker, has taken up the role as impromptu spokesperson for this movement and stated that there were signs of the intention to move Caye Caulker out of Belize Rural South as far back as the Redistricting Task Force report.

She shared that while Fort George is a “lovely division,” the people of Caye Caulker have nothing in common with that division.

“Our goals and aspirations as an island village are more aligned with Ambergris Caye than with Fort George, and it is our belief that we should stay in what is now the Belize Rural South division,” Auxillou said in comments to local media. They recommend that Belize Rural South be divided into two divisions, and for Caye Caulker to remain in one of those divisions. She shared that several hundred people have signed the petition already.   

Lopez, in his interview last Friday, said that the expert report – which gives an unbiased and professional recommendation – was ordered and approved by the court. Michael Ashcroft had funded the expert witness as an independent party within the redistricting case which is still before the court, and which may now resume given the BPM position on this report issued by the EBC.

Lopez explained, “In the consent order, we had stated – because remember the consent order, both parties had to agree to this consent to such time that the report comes out and we are satisfied with it. If we are not satisfied, then we take it back to court and tell the court that this is not what we were expecting; this does not comply with the constitution, so it needs to be fixed.”

He said that while the BPM is not trying to do the ECB’s job, that body has an expert report that can be followed to secure the best possible guidance in order to ensure the best possible redistricting exercise. He suggested that the expert or someone with experience with redistricting could have been hired instead of, according to Lopez, “wasting time and money” on the Redistricting Task Force formed by the PUP administration.  

He further stated that the BPM thinks the EBC needs to go back to the drawing board and, as mentioned in the court’s consent order, “consult and be guided by the expert report given to the court.”

As for political gerrymandering, Lopez said that, while it is a quarrel that the two mass parties will have to settle, it is obviously taking place.  

“I think it is kind of obvious, you know; two constituencies taken out are UDP constituencies, so obviously that puts the opposition at a loss; so now they have lost two seats that they will have to try to relocate those persons,” Lopez said.

Lopez argued that this current report seeks to keep the power structure in Belize City.

He pointed out that the blatant gerrymandering solidifies the argument that the country needs an independent EBC made up of persons appointed outside of the political spectrum.

For now, the report sent by the EBC has to be returned for “retooling” and “redoing,” Lopez said, adding that he hopes they will be guided by the expert report during the second iteration of the exercise. The BPM will officially send their letter of concern to the EBC within the short term, urging them to aspire for the 5% deviations across constituencies in order to make divisions as equal as possible in size.

He maintains that the last general elections were unconstitutional, and shared that if this is not remedied before 2025, this may be the case again. Lopez says, however, that “it can be done, it must be done, and it will be done.”

We reached out to Bobby Lopez to confirm whether the letter has been sent to the ECB yet, but have not received a reply yet.

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