_{Photo: Arthur Saldivar, attorney, BPM}

by Kristen Ku

BELIZE CITY, Wed. May 22, 2024

The High Court of Belize convened online today to hear the long-awaited redistricting case, nearly a year after the controversial Redistricting Report was first introduced. The case centers on the rejection of the Election and Boundaries’ proposed redistricting plan by the Belize Peace Movement (BPM), who are the primary claimants. The process has been delayed significantly, remaining stagnant at the parliamentary level, with accusations that current politicians are intentionally prolonging the issue.

The BPM has been vocal in their disapproval of the proposed redistricting plan, although they consider redistricting to be a critical process that has been needed for several decades, arguing that the current electoral boundaries are unconstitutional and do not provide fair representation for all Belizean voters.

Today’s hearing was presided over by Justice Nadine Nabie. Attorney Arthur Saldivar represented the BPM, presenting their case against the Assistant Solicitor General, Samantha Matute, who argued on behalf of the defense.

During the hearing, Saldivar stated the need for the enforcement of the Consent Order and the necessity for the redistricting proposal to comply with Section 90 of the Belize Constitution. Saldivar argued that the current proposal does not meet these constitutional requirements, rendering it invalid. He called for the existing demarcations in Schedule One to be declared unconstitutional to ensure fair representation.

“The schedule to the Representation of the People Act (RoPA) illustrates the malapportionment that exists. It’s clear in the report that the malapportionment renders it undemocratic; and the Constitution states that we are a democracy,” Saldivar stated. “This is about equal representation, equal protection of law, and by virtue of what exists in the RoPA.”

Assistant Solicitor General, Samantha Matute defended the current actions of the Elections and Boundaries Commission, arguing that the Commission had fulfilled its obligations by submitting recommendations and proposals to the National Assembly within the agreed timeline. Matute also contended that the court lacks jurisdiction over this electoral matter.

A key aspect of the case involved an expert report which had been commissioned to assess the fairness of the current electoral divisions. The defense argued that the expert did not physically visit Belize, thus questioning the accuracy of his findings. However, Saldivar countered this by saying that local assistance and technology, such as Google Earth, were used to gather necessary data for the report.

He criticized the current proposal for not considering practical factors like transportation, especially in recommendations for joining Caye Caulker with a Belize City division, which is viewed as geographically impractical.

The hearing also highlighted the tension between the judiciary, the legislature, and the executive branches of government. Saldivar expressed concern over Parliament’s apparent reluctance to address the redistricting issue, which could lead to a constitutional crisis. He noted that despite informal statements from some parliamentarians recognizing the problems with the current proposal, there has been no formal action to move the process forward.

“Parliament seems to have no interest in moving it forward, because they themselves already appreciate that it is not worthy of consideration. So, they are content to keep us in a holding pattern, which will create a constitutional crisis going forward,” Saldivar explained.

The BPM is asking the court to take decisive action to ensure that the current malapportioned schedule is not used in future elections. They are not seeking to compel Parliament directly, but rather to prevent the Elections and Boundaries Commission from conducting elections based on the flawed schedule.

With potential early elections being a possibility, there is an urgency for the court to provide a timely decision.

“We have enough time for the Elections and Boundaries Commission to correct this issue before the next election,” Saldivar noted. “This is not about him (the Prime Minister) or his party. It’s about the fairness of the process to the Belizean people, and their ability to equally give input into who they want to govern them,” he said.

A decision of the High Court is expected in early June of this year.