Photo: Markhelm Lizarraga

Markhelm Lizarraga, a former business senator and the current chairman of Belize Telemedia Limited, has been appointed as the new private sector representative on NEAC’s Waterloo Appeal Tribunal.

by Marco Lopez

BELIZE CITY, Thurs. July 27, 2023

Markhelm Lizarraga has been appointed as the new private sector representative on the National Environmental Appraisal Committee (NEAC) Appeal Tribunal deliberating on whether to give eleventh-hour approval to Waterloo Investment Holdings Limited’s (WIHL) twice-denied Cargo and Cruise Port Expansion project. He is the third private sector representative to be appointed to the Appeal Tribunal – after the recent recusal of Paul Hunt, Sr., who was appointed as a replacement for the Department of the Environment’s (DOE) first choice, Lucy Fleming.

On Tuesday afternoon, the DOE announced the new appointment made by the Minister of Sustainable Development, Hon. Orlando Habet. Lizarraga, who is a former senator, is acutely aware of the workings of bodies like the Appeal Tribunal. He is also a longtime member of the business community, as the chair of Southside Group, which controls a meat shop and a minimart, and also engages in distribution and construction activities.

Besides the work he does as a private business owner, Lizarraga served as president of the Belize Chamber of Commerce and Industry from 2002 to 2004, and is the current chairman of Belize Telemedia Limited.

The composition of the Appeal Tribunal is now as follows: the chairperson, Justice Patricia Farnese; the environmental/technical expert, Terry Hughes; and now the new private sector representative, Mark Lizarraga. Notably, the lawyers for WIHL have raised objections so far to all the appointed members of the tribunal except the first private sector representative – current senator Kevin Herrera, who was removed from the initial iteration of the Appeal Tribunal after Minister Habet identified what he believed to be an appearance of bias – given the fact that the chief local consultant for Waterloo’s project is his brother, Alan Herrera. So far, no objection to the appointment of Lizarraga to the tribunal has been made public by the Ashcroft Alliance.

Hunt’s recusal comes after his serving on the tribunal since April of this year, and following an offensive by the Ashcroft lawyers, who pressed for his departure from the tribunal. He is a founding member of the Belize Tourism Industry Association (BTIA). Reports suggest that a note passed to the lawyers for the DOE triggered the fallout which led to Hunt’s departure. He reportedly fought back against Waterloo’s argument that the note’s content proved actual bias on his part, but was ultimately advised to step down.

Lizarraga will now take up the position as private sector representative and may likely come under pressure from WIHL similar to what the previous members have endured.

We reached out to Lizarraga today for a comment on his decision to take up the role on the NEAC Appeal Tribunal but his brief text reply this afternoon said only: “I’m sorry. I’m travelling at the moment. The minister responsible asked me to and I accepted.”

The tribunal has not been convened since its first meeting in March of this year. Unconfirmed reports suggest that they are set to meet in August. We will continue to follow.