Dr. Anthony Richard Rosado, Commissioner of Police and Hon. John Briceño, Prime Minister of Belize

13th Constitutional amendment provides for a Gun and Gang Court, and will also retroactively legalize all SOEs since 2018

BELMOPAN, Tues. May 27, 2025

On the first day of this year’s budget debate, Prime Minister John Briceño introduced the Belize Constitution (Thirteenth Amendment) Bill, 2025, which provides for specialized anti-crime SOEs (States of Emergency) to be embedded in our Constitution. The PM explained that the amendment seeks to cure legality issues surrounding the government’s use of the measure in ensuring public safety. He pointed to the two recent conflicting High Court judgments, one of which determined that the July 2020 anti-crime SOE was unlawful. As a result, 13 SOE detainees were granted a total of $372,000 in damages. The appeal of that unfavourable decision could take months, explained the PM, hence the move toward the constitutional change just as another SOE is ongoing.

Commissioner of Police, Dr. Anthony Richard Rosado himself recently explained that the Belize Constitution at present only addresses the use of SOEs to a limited extent. He said that their intention is to move away from the existing enforcement-driven approach in favour of specialized intervention. This would feature a data-driven approach, with gang intervention periods that would promote prevention, community engagement, and multi-agency support. Rosado believes this would allow the various law enforcement agencies to dismantle criminal networks and rehabilitate offenders while safeguarding communities.

Rosado has gone on the record to state that he has been lobbying for SOEs that will last between 6 and 12 months. The 13th Constitutional Amendment proposes similar periods as currently exist in the Constitution: one month in the first instance, with the possibility of expansions of up to 12 months at a time with National Assembly approval.

The 13th constitutional amendment would provide for the Governor General to declare, on the advice of the National Security Council, “any area in Belize as a special area in the interest of public safety or public order or for the purpose of preventing, detecting or controlling crime.” It also provides for the establishment of a Gun and Gang Court that would have the powers and jurisdiction of the Magistrate Court and High Court to hear proceedings.

Notably, the constitutional amendment also seeks to legalize all SOEs implemented since 2018. Section 18B (a) of the new bill states that the proclamations and regulations establishing the previous SOEs “are deemed to be valid and effectual and lawfully done in accordance with section 18 of this Constitution.” Opposition Leader Tracy Panton told Amandala today that while she supports some aspects of the bill, such as the Gun Court, she has reservations about the retroactive nature of the bill, and also questions “the need for government, as a crime preventative measure, to put in the supreme law of the land … a way to suppress the rights of citizens.” The Prime Minister, however, stated that past government actions have been validated retrospectively with law changes, as in the case of the government’s 2009 acquisition of BTL and BEL shares, which was deemed unlawful in court.

The constitutional amendment bill now goes to the relevant House committee for 90 days before being brought back for second and third readings, and will require a two-thirds majority vote for passage. The extended period allows for public debate on the bill.

In his explanation of the reason for the bill, PM Briceño also stated that more and more people are calling for a Bukele style strategy of locking away “these mostly young men … so that people can live in peace.” However, he affirmed that that is not who we are as a country. The PM said that his administration fully understands that SOEs don’t tackle the root causes of crime, and are merely a temporary measure for the “killings to cool off” and interventions done. He called on the Opposition as well as the social partners and the public to support the constitutional change. He announced that at the second reading the Government will present its plan to address crime, “including the bolstering of social intervention programs.”