Constitutional Chronology |
Constitutional Chronology
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The constitution and laws of Belize
CONSTITUTION OF BELIZE
by Albert J. Ysaguire
1978
On January 27, Premier Price rejected a proposed compromise with Guatemala whereby Belize would cede 300 square miles of mainland and 600 square miles of seabed in the south of Belize in return for Guatemala's recognition of Belize's Independence. A similar proposal by Britain for Belize to cede between 1000 an 2000 square miles of land and adjacent seabed was earlier rejected.
Mr. Price announced on March 10 at a conference that Barbados, Guyana an Jamaica had agreed to take part in multilateral security arrangements that would defend the territorial integrity of an independent Belize. This agreement did not come into force since at the time Belize's Independence date could not be agreed upon.
On May 18, the Gutemalan foreign minister, Señor Adolfo Molina Orantes said in a press interview that his government maintained its demand for a cession of territory by Belize. He insisted that the two governments set up a join military staff, consultations on Belize's external relations and economic integration into the Central American system.
The British Permanent Representative at the U.N. announced on November 28 that a four-point proposal had been put to Guatemala to resolve the conflict with Belize. Development aid including help with construction of roads to facilitate Guatemala's access to the coast, free port in the Port of Belize and a revision of the seaward boundaries of the two countries to guarantee permanent access for Guatemala to the open sea.
On December 7 the Guatemalan foreign minister, Señor Castillo Valdez announced that the British plan for the settlement of the dispute with Belize was unacceptable and that he would now deal directly with Belize. Belize rejected any bilateral negotiations with Guatemala (1).
1979
In November the People's United Party was reelected to office winning thirteen of the eighteen in the House of Representatives. The opposition party--UDP--won the remaining five seats. This election victory was seen as a mandate for the government to proceed with the finalization of the independence status since the People's United Party ran on a platform of moving towards independence. The opposition party, UDP, ran on a platform against independence in the immediate future until the Guatemalan dispute was settled (2).
1980
By November, international support for Belize was virtually unanimous. A.U.N. resolution (A/35/596) called for independence for Belize without conditions, and security, by the end of 1981. This time the United States of America, which had previously abstained on all the Belize resolutions since 1975, voted in favour, and no country voted against.
The Organization of American States, which had traditionally taken Guatemala's side in the controversy, endorsed by an overwhelming majority the U.N. resolution calling for an independent Belize secure and without conditions before the end of 1981. (3)
1981
On January 31 the Belize government issued its White Paper on the Proposed Terms for the Independence Constitution of Belize. The National Assembly of Belize had earlier appointed a bi-partisan Joint Select Committee comprising of members of the House of Representatives and the Senate to consider the Proposals in the White Paper and to report thereon. The Committee was instructed to canvass the opinion of the country before making this report.
Special invitations were sent out to all organizations throughout the country inviting ideas both written and oral. The committee found a general and overriding acceptance of the monarchical form of government based on the westminister parliamentary pattern. Although the opposition party refused to serve on the Joint Select Committee, it took steps to appear before the Committee by a senior official of their political party in each district of the country and made a written presentation in Belize City. (4)
In March Britain and Guatemala signed the Heads of Agreements providing the basis for a fully negotiated settlement and a termination of Guatemala's claim to Belize. Basically, these agreements provided for Guatemala's recognition of Belize's Independence and territorial integrity, economic cooperation and Guatemala's access to the Caribbean Sea from the south of Belize. Subsequent negotiations ended without a formal treaty-both parties were unable to agree on the conditions of the use of two cayes and the sea corridor to south for Guatemala's access to the Caribbean. (5)
Between April 6-14, the Belize Constitutional Conference was held at Marlborough House, London. The basic conference document was the White Paper on Proposed Terms of the Independence Constitution prepared by the Belize government. Also considered was Belize's membership in international institutions an Belize's succession to obligations and responsibilities which the U.K. had hitherto exercised. (6)
On July 28 the Belize Independence Act received the Royal Assent. This Act provides for: the fully responsible status of Belize, the power to make a new constitution for Belize, the operation of existing laws, modification of the British Nationality Act and the retention of citizenship of the U.K. and colonies in certain cases.
The Belize Independence Order was made on July 31. this Independence Constitution Order includes, to a large extent, the institutions and procedures with which Belizeans have been familiar for the past eighteen years of self government under the constitution of 1963. The Belize Advisory Council was created under the Independence Constitution with the functions in relation to the security of tenure of individuals occupying judicial and public offices and provides for appeals against any act of the Public Services Commission. This Council will also advise the Governor General on the exercise of the Royal Prerogative of Mercy. There is a section on human Rights and Fundamental Freedoms which draws on the U.N. Covenant on Civil and Political Rights and Economic, Social and Cultural Rights and similar to the equivalent section of other Commonwealth constitution. (7)
The Belize Independence Order was laid before Parliament on August 10.
On September 21 Belize became independent as provided for in the Belize Independence Order. Britain, however, has agreed to provide for the defense and security of Belize for an "appropriate" period of time.
On September 25 Belize was admitted to the UN, becoming the 156th member, by a vote of one- hundred-and-forty-four with Guatemala voting against.
1. Most of the events of 1978 are listed in the Times Yearbook of World Affairs 1978, p. 48 and 113, and The Road to Independence, a chronology of events leading to Belize's Independence.
2. The Road To Independence, September, 1981.
3. The Road To Independence, September, 1981.
4. Command Paper 8245, "Report of the Belize Constitutional Conference, "London, April, 1981, p.24.
5. Brukdown the Magazine of Belize, Special Souvenir Issue # 3 & 4, 1981, p. 16-18.
6. Report of the Belize Constitutional Conference, p. 22.
7. Statutory Instruments 1981 No. 1107, "The Belize Independence Order 1981.
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Constitution of Belize
Chapter I - The State And The Constitution1. The State 2. Constitution Is Supreme Law
Chapter II - Protection Of Fundamental Rights And Freedoms3. Fundamental Rights And Freedoms 4. Protection Of Right To Life 5. Protection Of Right To Personal Liberty 7. Protection From Inhuman Treatment 8. Protection From Slavery And Forced Labor 9. Protection From Arbitrary Search Or Entry 10. Protection Of Freedom Of Movement 11. Protection Of Freedom Of Conscience 12. Protection Of Freedom Of Expression 13. Protection Of Freedom Of Assembly And Association 14. Protection Of Right Of Privacy 15. Protection Of Right To Work 16. Protection From Discrimination On The Grounds Or Race, Etc 17. Protection From Deprivation Of Property 18. Provisions For Periods Of Public Emergency 19. Protection Of Persons Detained Under Emergency Laws 20. Enforcement Of Protective Provisions 21. Protection Of Existing Laws 22. Interpretation And Savings
Chapter III - Citizenship23. Person Who Become Citizens On Independence Day 24. Person Born In Belize On Or After Independence Day 25. Person Born Outside Belize On Or After Independence Day 26. Registration 27. Avoidance Of Dual Nationality 29. Interpretation
Chapter IV - The Governor-general32. Oath To Be Taken By Governor-general 33. Deputy To Governor-general 34. Exercise Of Governor-general's Functions 35. Governor-general To Be Informed Concerning Matters Of Government
Chapter V - The Executive37. Prime Minister 39. Performance Of Functions Of Prime Minister During Absence Or Illness 41. Allocation Of Portfolios To Ministers 42. Attorney General 43. Performance Of Functions Of Minister During Absence Or Illness 44. Cabinet 45. Deputy Minister 46. Oath To Be Taken By Ministers Etc. 50. Control Of Public Prosecutions 51. Constitution Of Offices Etc 53. Procedure In Capital Cases Chapter VI - The Legislature55. Establishment Of Legislature
The House Of Representatives56. Composition Of House Of Representatives 57. Qualifications For Election As Member 58. Disqualifications For Election As Member 59. Tenure Of Office Of Members 60. Speaker And Deputy Speaker
The Senate62. Qualifications For Appointment As Senator 63. Disqualifications For Appointment As Senator 64. Tenure Of Office Of Senator 65. Appointment Of Temporary Senators 66. President And Vice-president 67. Clerks To Houses Of National Assembly
Powers And Procedure69. Alteration Of Constitution 70. Regulation Of Procedure In National Assembly, Etc 71. Oath To Be Taken By Members Of National Assembly 72. Presiding In House Of Representatives And Senate 73. Voting 76. Quorum 77. Introduction Of Bills, Etc 78. Restriction On Powers Of Senate As To Money Bills 79. Restriction On Powers Of Senate As To Bill Other Than Money Bills 80. Provisions Relating To Sections 77, 78 And 79 81. Mode Of Exercise Of Legislative Power 83. Sessions Of Legislature, Etc 84. Prorogation And Dissolution Of Legislature 85. General Elections And Appointment Of Senators 86. Determination Of Questions As To Membership Of National Assembly 87. Unqualified Persons Sitting Or Voting 88. Election And Boundaries Commission 90. Increase Of Electoral Divisions 91. Redivision Of Electoral Divisions Chapter VII - The Judiciary94. Establishment Of Supreme Court And Court Of Appeal 96. Reference Of Constitutional Questions To Supreme Court 97. Appointment Of Justices Of Supreme Court 98. Tenure of office of justices of Supreme Court 99. Oath To Be Taken By Justices Of Supreme Court 100. Appeals To The Court Of Appeal 101. Appointment of justices of appeal 102. Tenure of office of justices of appeal 103. Oath to be taken by justice of appeal 104. Appeals to her majesty in council
Chapter VIII - The Public Service105. Public Services Commission 106. Appointment, Etc. Of Public Officers 107. Appointment, etc. of permanent secretaries and certain other officers 108. Director of public prosecutions 109. Auditor General 110. Appointment, etc, of junior police officers 111. Appeals in discipline cases 112. Pension laws and protection of pension rights 113. Grant and withholding of pensions, etc
Chapter IX - Finance114. Establishment of consolidated revenue fund 115. Authorization of expenditure from consolidated revenue fund 116. Authorization of expenditure in advance of appropriation 117. Contingencies Fund 118. Remuneration of certain officers 119. Public Debt 120. Audit of public accounts, etc
Chapter X - Miscellaneous121. Code of conduct 122. National Symbols 123. Powers of appointment and acting appointments 124. Reappointments and concurrent appointments 125. Removal from office 126. Resignations 127. Saving for jurisdiction of courts 128. Power to amend and revoke instruments, etc 129. Consultation 130. National Seal 131. Interpretation |