BELIZE CITY, Wed. Aug. 18, 2021– Yesterday, the attorney for the Belize Rights and Justice Movement (BRJM), Arthur Saldivar, informed the media that the group has filed a constitutional claim against the Government of Belize because of the provisions in SI (Statutory Instrument) 74 — specifically the requirement that frontline workers be vaccinated or present a negative Covid-19 test result to their employers bi-weekly.
The claimants, nine in total, including three police officers, are seeking twelve provisions of
relief and a declaration from the court that (SI)74 is contrary to the rights and freedoms afforded them by our Constitution. Saldivar is asserting that provision 11 under (SI) 74, which obliges employees to either present a vaccination card or get tested bi-weekly in order to continue providing services at their place of employment, could not have been enacted by the government without the declaration of a period of public emergency, as is mandated by section 18 of the Constitution.
“Where there is a public period of emergency, within that period the persons who are given
power under particular legislation, particular ministries, are then able to exercise that power to make regulations, SI. Now there is a specific procedure in bringing about a period of public emergency,” Saldivar outlined.
He reminded the public that the previous government (UDP) did impose a period of public emergency in Belize, but that since the PUP landslide victory in November 2020, there has been no declaration of such a public period of emergency.
He is claiming that as a result, (SI) 74 and any SI that follows that provision are ultimately
unconstitutional and illegal.
The 9 claimants in this case come from both the private and public sectors, says Saldivar. Those persons are Ardis Ramclam, Ruth Bailey, Justin Gordon, Karen Banner, Shadene Franzua, Delon Michael, Sgt. Kareem Fuller, Cpl. Wilfred Warrior, and PC Shawon Mariano.
Following the announcement of the filing of the claim, the Office of the Attorney General released a statement to state that no injunction or any other court order has been handed
down against the rules laid out in (SI) 74.
The statement from the Attorney General’s Ministry said, “In a release issued today by the Belizean Rights and Justice Movement (BRJM), the entity asserts that because a claim challenging the SI has been filed with the Supreme Court, ‘the matter is now sub judice, and as such, there can be no legal action taken against anyone pursuant to Statutory Instrument 74 until the matter has been determined.’ The BRJM goes on to advise employees (not vaccinated) to show up to work. The AG’s Ministry clarifies that there has been NO court-ordered injunction against the enforcement of SI No. 74 and that these regulations are still in force and in effect.”