Photo: Hon. Luis Luke Martinez, NTUCB and Civil Society Steering Committee Senator
BELMOPAN, Thurs. Oct. 26, 2023
In the wake of yet another worksite death, Luis Luke Martinez, the President of the National Trade Union Congress of Belize (NTUCB) who was sitting in as Labour Senator for today’s Senate meeting, passionately urged the Government of Belize to move forward the enactment of the Occupational Safety and Health (OSH) Bill, first tabled in January 2014.
In providing the latest update regarding the seminal piece of legislation for Belize’s workforce, Martinez remarked, “For every day that we continue to ignore the fact that health and safety is important, we have workers in this country who continue to fall to their deaths and to serious injuries.” Martinez said that during a meeting, the Prime Minister had given his commitment that the bill would be taken to the National Assembly last month. Martinez decried, “We are in October. A life was lost a day ago. Someone is in hospital right now because of negligence at the workplace. ‘Sorry’ cannot bring back a life. Meaningless compensation cannot bring back a life. But if we ensure that there is safety in the workplace, we will save lives.”
Martinez reported that in 2022, both the NTUCB and the Belize Chamber of Commerce and Industry (BCCI), along with a representative of the Ministry of Labour, worked tirelessly to iron out their differences regarding the bill. Martinez said they indicated this in a joint letter to the Minister of Labour, Hon. Oscar Requena, in December 2022. According to Martinez, they received a response 6 months later that the Ministry was seeking legal advice and would have to go through “a whole new process.” After another three months, Martinez says they were called to sit down and discuss how they can advance the legislation. Now, says Martinez, they have been given another 2-month timeline “that will see the bill advance from his Ministry to Cabinet and then to National Assembly.” Martinez reminded, “For every day we ignore the fact that workers need to be protected, that employers are protected and that customers are protected, for every day we ignore that fact, we will continue to bury workers! We will continue to have workers hospitalized. So, for God’s sake, let’s rush the OSH!”
Senate delays approval of Trade Licensing Bill, 2022; but Firearms Amendment Bill makes it through despite concerns
Approval of the Trade Licensing Bill, 2022, is being delayed at the Senate after a couple senators raised policy issues with the legislation. Leader of Government Business in the Senate, Hon. Eamon Courtenay reported that the bill will be kept in committee for consideration and possible amendment.
Courtenay reminded that the proposal to amend the trade license legislation was contained in the People’s United Party’s Plan Belize, with an overarching objective of giving village councils the authority to collect revenue from trade licenses so they have the finance to properly provide services to their communities.
UDP Senator Hon. Beverly Williams started out her contribution to the debate by pointing to the Prime Minister’s budget presentation when he said there were no taxes being introduced, but she questioned, “What is this, if it’s not a tax? A tax on the poor people with the already high cost of living.” Turning to the details of the bill itself, Williams said that, while the local authority will have the power to regulate the conduct of trade in its jurisdiction, it will be the responsible minister who “may make rules regulating and prescribing the procedure on appeal.” As to the actual handling of moneys, the village administrator will be the clerk of the Trade Licensing Board. Williams considers that there are no structures being put in place to say how the money will be managed. She affirmed, “We know, and I know from experience, that moneys are not being managed properly at the village council, and even at the town and city council level.”
Business Senator Hon. Kevin Herrera detailed a laundry list of issues with the legislation, beginning with the definition of the “productive footprint” of businesses, which is what will be used to calculate the license fee payable. Herrera believes that it is too discretionary. The Senator acknowledged that while the trade license regime needed an update, the current bill, in his view, is not so much a departure from the current regime based on a rental fee. Herrera also takes issue with the fact that it is the relevant minister who gets to select appointees from specific organizations to boards, rather than the organization itself nominating its representative. He also called for a schedule for the cancellation of licenses so that this can be done in a timely manner, and a business does not incur a liability as a result. Other definitions Herrera believes should be contained in the bill are what constitutes an e-business operator, municipal area and a rural licensing district. The bill states that “the annual licensing fee shall be paid to the local authority for municipal areas and treasury department for rural licensing districts.”
Both senators additionally raised concerns regarding appeals, as the bill calls for the assessed fee to be paid even if the business is appealing the board’s decision. They noted that this issue was taken to court in one case, and the assessment was deemed unlawful.
And, while that bill will remain in committee for review, the Firearms (Amendment) Bill, 2023 was approved, despite Senator Courtenay agreeing that legitimate concerns were raised. He explained, though, that this is as far as the Government is prepared to go at this time. The Bill provides for the establishment of a Firearms and Ammunition Control Board that will have the authority to issue and revoke firearm licenses, certificates or permits, and reform the regulatory structure in respect to firearms and ammunition. The three-member board will replace the current mechanism which vests sole authority for the issuance of gun licenses in the Commissioner of Police.
Lead Opposition Senator, Hon. Michael Peyrefitte commented, “Essentially, what the Government is saying is that they no longer have the confidence in their beloved Commissioner to issue gun licenses on his own. The Government noh trust di man noh moh. And so, you want to replace him with a board.” Peyrefitte highlighted, though, that the Briceño administration did not take the opportunity to fulfil its manifesto promise with this bill of reducing ministerial discretion, because it will be the minister who appoints the 3-member board. They will be a representative of the Commissioner of Police from the Dangerous Goods Department of the Police Department; a magistrate; and a Chief Executive Officer of the Government. All must have expertise and training in firearms and ammunition. Peyrefitte questioned which of the last two have such qualifications. He suggested that instead, they choose any three past commanders of the security forces.
Peyrefitte underscored further that the minister will still be the one who amends the table of costs and revokes gun dealers’ licenses; and what’s more, on appeal, the minister can direct the board to grant the gun license requested.
Business Senator Kevin Herrera had a concern about fairness in the process. He noted that there is nothing in the bill which outlines who exactly qualifies for a firearm license.
For her part, NGO Senator Hon. Janelle Chanona called for a mechanism that will ensure transparency and accountability in the process which would allow for public scrutiny “so that it does not have to take an incident of violence like murder or otherwise to find out that one person has 9 licensed weapons or otherwise. It should be that we know who is licensed to carry, who is not licensed to carry. And that should add a level of accountability, so that whoever is making decisions know that there is that accountability to come.”
Senate approves U.S. $7 million IDB loan for fisheries sector
Senators today discussed the U.S. $7 million Inter-American Development Bank (IDB) loan to promote sustainable growth in the Blue Economy. The objectives of the loan include enhancing the management of key commercial species, specifically Spiny Lobster and Queen Conch, while contributing to the sustainable use of commercial oceanic resources, and promoting best fishing practices by artisanal fisher folk to improve their income generation capacity.
UDP Senator Hon. Antonio Herrera, who holds the view that the government could have budgeted for these funds, complained that 65% of the loan will go to component one, which deals with salaries, data collection and consultancies, instead of to the fisher folk themselves.
In response, Senator Courtenay said 24.1% of the loan will go directly to artisanal fisher folk in the form of matching grants to the tune of U.S. $5,000 per person. They will have to present feasible business plans, but Courtenay says training will be conducted to assist fisher folk in that regard.
And, while the Opposition continues to criticize the continued borrowing of this administration, Courtenay emphatically declared that, “This is the first of more loans … for us to support the productive sector of the Belizean economy in making the right evidence-based decisions to adjust fishing, farming practices to meet the new challenges brought on by climate change.” For his part, Business Senator Kevin Herrera supported the motion, saying that sustainability needs to be urgently addressed. In the case of Senator Janelle Chanona, she indicated that there is already a lot of data, and what is needed is action.