BELIZE CITY, Mon. Jan. 11, 2021– The Prime Minister, Rt. Hon. John Briceño, has called for the resignation of the current chairman of the Election and Boundaries Commission, Estevan Perera. Hon. Briceño says that Perera’s UDP affiliation is publicly known and that resigning is the “decent and honest” thing for him to do. While the Prime Minister has publicly stated that he considers Perera a friend, he implied that if he (Perera) remains at the Elections and Boundaries Commission, the United Democratic Party would have a hold on that autonomous body.

Prime Minister Briceño went so far as to say that if Perera decides not to resign, then the government would look into other options, but he believes that Perera, whom he has classified as a friend but current political adversary, will do the “right thing” and resign.
In his remarks during the debate surrounding the Good Governance motion during last Friday’s sitting of the House of Representatives, Minister of Education, Francis Fonseca, also made comments regarding the appointment of Perera to the Elections and Boundaries Commission.

Hon. Fonseca said, “The Leader of the Opposition talks about the Elections and Boundaries Commission and the chairman of the Commission. Man, you should sit with your friend, your political ally, who you all install as the chairman of the Elections and Boundaries Commission, and tell him to do the honorable thing; tell him to do the right thing and to resign as the chairman of the Election and Boundaries Commission. Every single chairman of the Election and Boundaries Commission has resigned honorably after every single election.”

And while Estevan Perera has not come out publicly to say what his own decision would be, in an open letter to the media, he calls on all political parties in Belize, to reread Section 88 of the Belize Constitution. He shared that the appointment of the chairman/members of the Elections and Boundaries Commission is legislated as one of eight apolitical appointments under the Constitution of Belize.

The letter shared that subsection 1 of Section 88 of the Constitution outlines the make-up of the commission, which is to consist of the Commissioner, one chairman, and four members. These persons should be appointed by the political parties, with the only requirement being that they be persons of integrity and high national standing.

“The Commission in the exercise of its functions as an independent body shall not be subject to the direction or control of any person, authority or political party,” Perera’s letter states. He shared that the Elections and Boundaries Commission has far greater protection than statutory bodies and must not be mistakenly viewed as one of those bodies.

Section 88(5) of the Belize Constitution outlined that all members of the Commission are appointed for a fixed period of five years. The letter states that the Constitution does not provide for a shorter or longer period, as implied by Prime Minister Briceño during his remarks.

And unlike the common practice highlighted by Hon. Fonseca, Perera’s letter pointed out that there is no legal requirement for Elections and Boundaries Commission members, including the chairman, to resign after elections. Legal removals are only permitted in instances where a chairman or member becomes a member of the National Assembly, becomes a public servant, completes the allotted five years of his term, or is found misbehaving.

Perera shared that he receives $2,000 as a monthly stipend and other members are given $500. The letter also outlines that no real salary or other perks are given to the chairman or any member of the commission. The commission members are expected to attend an unlimited number of monthly meetings, which will depend on the tasks at hand or matters to be resolved.

He shared that the majority of Commonwealth Caribbean countries employ similar legislation to govern the work of Elections and Boundaries Commissions across the region. All indications are that Estevan Perera will retain his post as chairman of the Elections and Boundaries Commission. Although he has not explicitly stated his decision, his letter sent a very clear message.