Report Of The Belize Constitutional Conference Held

Report Of The Belize Constitutional Conference Held

The constitution and laws of Belize

REPORT OF THE BELIZE CONSTITUTIONAL CONFERENCE HELD AT MARLBOROUGH HOUSE IN LONDON IN APRIL 1981

1. The Conference met at Marlborough House and held 18 Plenary Sessions between 6 and 14 April. A list of delegates, officials and advisers who took part in the Conference is at Annex A. An invitation to attend the Conference was extended to the Leader of the Belizean Opposition and representatives of the United Democratic Party but this was declined. The Minister of State, Mr. Nicholas Ridley, presided at the opening session and some of the Plenary Sessions. At the other Plenary Sessions the Chair was taken by the Alternate Chairman, Mr. John Hickman.

2. At the opening session speeches were made by Mr. Ridley and by Mr. Rogers, the Deputy Premier of Belize, The text of these speeches is at Annex B.

THE CONSTITUTION FOR AN INDEPENDENT BELIZE

3. The Conference had before it a White Paper issued by the Government of Belize containing "Proposed Terms of a Constitution for the Independent Belize" and the Report of a Joint Select Committee set up by both Houses of the Belize Legislature to which the White Paper had been referred and which had been directed to canvass the opinions of the Belizean people. The Committee met and received oral and written evidence in all district towns of Belize. The Report, which recommended a number of amendments to the proposals in the With Paper, was adopted by the House of Representatives on 27 March. Evidence submitted to the Committee was made available to the Conference.

4. Arising from the convening of the Constitutional Conference, a number of Belizean organizations and individuals addressed submissions to Her Majesty's Government. These were also formally tabled and, to the extent that they were relevant to the formulation of an Independence Constitution, were taken into consideration by the Conference. A list of these submissions is given at Annex C.

5. The conclusions of the Conference were as follows.

Constitution of Belize

Preamble

Chapter I - The State And The Constitution

2. Constitution Is Supreme Law

Chapter II - Protection Of Fundamental Rights And Freedoms

3. Fundamental Rights And Freedoms

4. Protection Of Right To Life

5. Protection Of Right To Personal Liberty

6. Protection Of Law

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 - Citizenship

23. 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

28. Citizenship Legislation

29. Interpretation

Chapter IV - The Governor-general

30. Establishment Of Office

31. Acting Governor-general

32. 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 Executive

36. Executive Authority

37. Prime Minister

38. Deputy Prime Minister

39. Performance Of Functions Of Prime Minister During Absence Or Illness

40. Ministers Of Government

41. Allocation Of Portfolios To Ministers

42. Attorney General

43. Performance Of Functions Of Minister During Absence Or Illness

45. Deputy Minister

46. Oath To Be Taken By Ministers Etc.

47. Leader Of The Opposition

48. Permanent Secretaries

49. Secretary To The Cabinet

50. Control Of Public Prosecutions

51. Constitution Of Offices Etc

52. Prerogative Of Mercy

53. Procedure In Capital Cases

54. Belize Advisory Council

Chapter VI - The Legislature

55. Establishment Of Legislature

The House Of Representatives

56. 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 Senate

61. Composition Of Senate

62. 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 Procedure

68. Power To Make Laws

69. 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

74. Freedom Of Speech

75. Validity Of Proceedings

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

82. Words Of Enactment

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

89. Electoral Divisions

90. Increase Of Electoral Divisions

91. Redivision Of Electoral Divisions

92. Conduct Of Voting

93. Conduct Of Elections, Etc

Chapter VII - The Judiciary

94. Establishment Of Supreme Court And Court Of Appeal

95. The Supreme Court

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 Service

105. 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 - Finance

114. 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 - Miscellaneous

121. 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

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