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B E L n E ffispcoima.

<bZhLC3> A f i ■ together with the proceedings of the Committee, evidences and appendices before the Joint Select Committee.on “The White Paper — Proposed Terms of a Constitution for the Independent Belize”.

'J Appointed by Order of the House of Representatives dated the 29 January 1981 and of the Senate dated 3 February 1981.

■ >■ ■ THE BAR ASSOCIATION OF BELIZE Appendix A-l P.O.

Box 675 Belize City, Belize, Central America 18 February, 1981.
The Clerk of the National Asssmbly, Belmopan, BELIZE.

Dear Mr. Monsanto, The Bar Association is in receipt of your letter inviting the Association to consider the White Paper on the proposed terms for inclusion in an Independence Constitution for Belize.

I am to inform you that the Bar Association is even now studying the White Paper with a view to putting forward its recommendations.
The Association would, however, like to record its disappointment as to the short time given for study of the White Paper before the Joint Select Committee commenced its meetings.

On a further note, the Association request that Government ssures -that a DRAFT CONSTITUTION, as opposed to a White Paper only, be made available well in advance of the crucial date, for distribution to members of the public, in good time to enable thorough study.

’ Best r^girds, Yours sincerely, SGD.

G. Brown Secretary.
G. Brown Secretary.

c. c. Hon.

George Price, Premier, Hon.

V.H.

Courtenay ) Joint Chairman ) ) Hon.

C.L.B.

Rogers ) joint Select Committee.

THE BELIZE APPENDIX A-2 CHAMBER OF COMMERCE for Commerce, Industry, Agriculture and the Trades Telephone 31A8 P.O.

Box.

291 A3 Hndyside St. Belize City B E L I Z E 21st February, 1981 Mr .

A. F ■.
A. F ■.

Monsanto Clerk to the National Assembly Belmopan Belize Dear Sir, I write to acknowledge and thank the Select Committee for their invitation conveyed in your circular letter dated February 3rd, 1981, to make representation regarding the constitution for an independent Belize.
In response to this invitation the Chamber has perused the White Paper in Executive session and has tak.n the further step of convening a special general meeting to elicit the views and suggestions from a broad cross section of businessmen and the community.

As a result of this exercise the Chamber is of the conviction that the time allotted for making representations is inadequate, bearing in mind the seriousness of the step which is contemplated.
The Chamber is seeking a six month extension as a more reasonable time table for consultation and response appropriate to the formulation of the basic law of an independent Belize.

Respectfully.

SGD.

NURI MUHAMMAD Executive Secretary " A BETTER COMMUNITY THROUGH BITTER BUSINESS" $ o 1 - P •a Appendix A-3 25th February 1981.

The Clerk House of Represedatives Independence Hill BEIMOPAN.
Dear Sir, I am directed by the Guild of Graduates to request that you bring to the attention of the members of the House of Representatives the following memorandum adopted by the Guilds Bearing in mind that a clear understanding of the Government's proposals for the Belize Independence Constitution by the Citizens of Belize is desired the Guild of Graduates is of the view that the time given for study consultation and discussion of the White Paper is insufficient.
The Guild of Graduates would welcome a response to this statement.

Yours faithfully, SGD.

ZOILA ELLIS Secretary.

c. c. Joint Select Committee The Belize Times The Reporter Press The Amandala Press The Beacon Newspaper.

Ml Appendix A-4 General Manager Catholic Public Schools P.O.

Box 220 Tel.

20^-0 Belize City, Belize C.A.

2hth February, 1981.

The Chairman, Joint Select Committee, On the Constitution for an Independent Belize.
De ar S ir: e» I am herewith making representation on behalf of the Roman Catholic Management of Primary Schools and on behalf of all Local Managers of Catholic Public Primary Schools that a clause be included in the Constitution of Belize that will provide for the continuance of the present principle of Church/State Partnership in educa­ tion .

Yours truly, SGD.

p. Pelayo (Mrs.) General Manager, Catholic Public Schools.

c. c. Hon.

G,C.

Price, Premier Appendix A-§ PHILIP ZUNIGA LL.B (LOND.)
Barrister-At-Law Tel.

(02) 3715 Solicitor of the Supreme Court of KLize ^8 Regent St. P.O.

Box 251 Belize City Belize, C.A.

Cables: Attorney-Belize 20th February, 1981.

The Chairman, Joint Select Committee, On the Constitution for an Independent Belize.

Dear Sir, I act on behalf of the Parish of the St* Joseph Catholic Church of Cinderella Town in Belize City.
Concerned and interested members of the St. Joseph Parish met on Thursday the 19th day of February, 1981, and as a result of that meeting I have been delegated to recommend to you the followings Firstly, that the Constitution include a Clause entrenching, and requiring policies of State that maintain the principle of Church-State Parirership that now exists in education; and Secondly, that a draft of the Constitution be made available well in advance of the crucial date for distribution to the public in good time to enable thorough study thereof.
Yours faithfully, SGD.

Philip Zuniga PZ/bkm.

Appendix A-6 ■.ULLic /'FI®!

■ AitTCB Pj3li;:a .1 HAT :d 1922) headquarters: 29 .Ubcrt street, Belize City, C.A.

.■.iter '.ationally affiliated with tT.T.Ic ,loU.lt ;C.i-<.t.A.

and B.H.T.U.C January 26, 19^1 ■ r. Robert Leslie s. ernn or.t ' secretary Independence ; Jecrctariat Belmopan; Dear Ir.

Leslie, EJC- Z -■ Z UiEC: O'T TH,1:!

BjTLFl 1 :Er;aDS.ICB C ■'.


'STITUTIO'T I attach for Government1s consideration the rccommendatipn of the ..ublic Service Union of Belize.

It is?hopcd that Government will accept these rocozjAendations for inclusion in Belize's Indepe'donee Constitution.

You arc also hereby i‘ formed that the rublic fficersi Union of Belize has registered its change of name to /that of "Tn -l ,j:c ICT U TO T or BHLr B“on Iriday 23zd Ja-'.unry, 19C1 with the Registrar o:< Trade Unions.
?Z would therefore bo grateful that wherever the public Officers Union appears on the attached paper it ,-iiould iovt read '1.

UBLIC .-ICB2 LIL.

?•.

‘ 1'cv.zo sincerely. '

-do ... Tillett .. rs.

idc’.t - ublic ■ crevice Union ... 2 - in.

rccomcndntions are made on the assumption that Belize upon tn .
,.,tu.j.i.ment of Independence will have one of the following structures.- e> (i) (i:l) A Governor-General as Head of State a nd a rime Binistor as Head of Government; or A President as Head of State and a Primo .inister as Head of Government.

i are also assuming that Belize will remain a member of the Commo;‘wealth, ' e way this because the factis that membership affords ui.

the opportunity for an exchange of experience which can assist us in charting our own course.
The Commonwealth is largely composed of Develops.

",g Countries and membership presents on opportunity for concerted action in influencing the policies of developed countries in a direction more beneficial to the developing countries.

'.’e recommend that the Governor General/President should play; his principal, role in.
the appointment of persons to important offices of State; acting in his own discretion after consultation with the Prime minister, the Leader of theOpposition and such other persons and organisation as he thinks fit he should be empowered to appoint the following.- (i) (ii) (iii) (iv) (v) The Chief Justice The Chairman of the Service Commission The Onbudnai (if any) The Auditor General The Director of J.ublic ..rosecution '.he other members of the Judicial and Legal Gorvico Commission, the other members of the other Service Commission should all be appoints'., by the Governor Gcncral/rrecident after consultation with the Primo minister, the Leader of Opposition and the appropriate representative bodies instead of being appointed in accordance with the advice of the 1 rime ’inister alone.
The j/rime minister should quite properly have influence but not the final say, Diffusion of power seems to .

'.us desirable as a matter of principle.

To recommend that the .rime minister be given more influence over the appointment of Government■ s representative;-.

abroad.

They should be appointed by the Governor General/h reside it acting in accordaici with the advj.ee of the Prime inister.
e malic this recommendation bearing An mind the fact that Anbassadores, High Comi.’dnsioners and other .. rincipal representatives abor&d hold office for the purpose of advising', the Government generally on n. tterr; of foreign policy and Lmplene iting policies which have boon deci nod upon.

They also represent and act for Government.

They must therefore be persons in whom, the Government have a confide .-.co and this re feci ca:.

best be ensured by placing the power of the Committee r.S.U.
22, ;2Giiz ondoneo Constitution ■ijexorc r.etti' g out our recommendations we must take note of the ■jociety .>.or which this constitution is being prepared.

To compare -elizc Political situatioi .with that of say, British is a must at this tine j for certain things stand out and we ought not to close our eyes to then.
no know that in Britain as in some other countries, the Prime minister the Leader of Government, always has to be sensitive to the fact thatin his/her country there exist a vigorous press, powcral interest group and an alert public opinion, Freedom.

to critiso is an institutionalised part of their political process.

There arc things which Chief Executives know;: they cannot get away with and failure to recognise these limit': would load to disaster.

The political culture is highly bureaucratic.


Few people bother to seek information about or attempt to influence the outcome of public policy in a systematic <uid organised way.

The public still very largely believe that policy making is omatter for "the .. oople".

Ve feel that patronage is a significant factor behind :.the reasons for this political passivity.

As we expand our commercial and financial areas, public utility etc.

the abundance of opportunity for political patronage in evident.
The chairman and members of the Statutory Board aid Corporation and the Government representatives on these boards are all directly appointed by the Political Head of Government and hirj Cabinet.

,'e realize that the use of patronage to win over or silence critics is undoubtedly universal.

But in a small society such as ours it can bo terribly effective but can be counter productive.

.

.ost peoi>ln are unwilling to oppose persons in positions of authority openly or tc critise policies publicly.
A reluctance to offend results, as a result inefficiency and incompetence, hypocrisy and corruption., errors and deficiencies of policy if they occur remain unexposed.

Those attitudes must bo changed if an independent Belize is to become efficient and mature.

'e believe that effective government is possible only if there is greater participation by the people in theprocesr.

of government, would like to see some of the secrecy removed from the decision making important decision.
'', on serious issues ought not to be taken, process, without the public being aware that these issues are even being discussed It is our vj.cn that in a snail community such as thio regid confro itati'---.

by opposing parties on all issuer; cannot be for the benefit of the society.

Areas of compromise must be sought and expanded, Sone of tho procedure wo are proposing arc geared totfards this goal.
- 3 - appointment c'’1 xccoi-imendcd earlier /-Ppointi io.it of Judgor; *" ■’ f-’^s-ced earlier the Chief Justice should be appointed by the ...o\vx.

o?

General/.-, resident acting in his own discretion after consultation i.ith the .rime minister, the Loader of the Opposition and such other persons ar, ho maythin7: fit, , o see this method of appointment as teopi-i/, the oxxlco from the direct patronage of any purely political office - holder .
a Judicial aid Legal Service Commission should b responsible for the appointment of Judges of the Supreme Court '-.and.

Court of Appeal.

The composition of theJudicial and Legal Commission should be--- The Chief Justice at-; chairman The Chairman of the kublic Service Cor.imi-SGion The iresident of the Bar Association The provision as to security of tenure in our present Constitution cjught to be retained, Article 39 with the necessary modifications and adaptations is recei.Mcnded for retention.
The J.L.3.C.

ought to bo entrusted with the.pouer of appointment of all officers filling a post for which legal qualification is required.

In this way one Commission w- uld bo better able to utilise the personnel available.

Ombudsman ’o recommend the introduction of this institution butour view is that legal qualification need not be requisite for filling this post.

.

e say this, because to our minds expertise in administrative matters is even more important and that legal advice can always be sought.
The Ombudtraau should, of course, be aperson of known indc endencc, persuasive ability and proven integrity and whose reputation would lend prestige to the office.

He ought to be appointed by the Governor General/x resident after consultation with the Grime minister, the Leader of thef\.position cn<’ such other person ar.

ihc Governor Ge ieral/rresident thinks fit.

;.o should enjoy security of tenure as in the case of judges and be appointed for a specific period e.g.
five years but be eligible for; •ro recommend that the creation of the office, the method re -appoi'tn ent.

of his appointment, the terns of his tenure of offic .

provisions for his removal and the general scope of his powers should be set out in the cor.

stitution.

Il- .

nblic Scrsic Commission recommend.

that the .ublic Service Commission '• .should consist oj.
j-1 Oi seven members appointed as follows-- o (1) The Chairman Appointed by the Governor General/ President after consultation with the Prine iarJ tor, tho Loader of the Opposition and suqh other person; The Governor General/.

resident things fit; Tiro -embers Appointed by Governor General,/ reside it on advice of the Loader of the ..ppositic (3) •no ; ember G>) One -.icMoer Appointed by Governor General/,, resident on advice of the Loader of .‘/die .position Appointed by Cover _or General/;.
resident and the advice of the appropriate re­ presentative body (presently the Beliac: Public Service Union).

Alternatively the coi.il/ositic?.
could be as follousr (1) Chairman (O (3) Three Members Tiro Members One ..ember Appointed by Governor General/-, reside it after consultation with the irine Minister the Leader of Opposition and the appropriate representative body, on the advice of the Prime minister on the advice of the appropriate re­ presentative body, the advice of tbeLeader of the on Oppositio .1 In the event that feline Independence Constitution, provides for .executive Hoad of State then the composition su^.yeoted is as follows-- (1) (2) Chairman Pour Other i '.ember;:: appointed .by tho Chief Executive appointed by the Chief Executive after consultation with tho Leader of the; Opposition, the Appropriate Representa­ tive Body and any other persons as the Chief Executive things fit, :re recormend further that a service Commission.
Appeal Board should be established.

*9 -5- Ihis Public Service Appeal Board would provide an opportunity for xUblic Officers to appeal decisions of any ofihe Service Commission imposing them; e.| , a penalty as a result of disciplinary proceedings brought against g. xinancial surcharge, dismissal etc.
< The Chairman should be a judge of the Supreme Court who would be appoi ited by the Governor-General/fresident after consultation with the Chief Justice, There should be two other members appointed by the Governor- General/President acting in his own discretion after consulting such person as he may think fit; however, we recommend that one of these should be a retired public officer.
Public Officers should have the right of appearing before any of the Service Commission and tie Appeal Board and to be represented either by a fellow public officer or counsel in case of a serious allegation.

Wo would like to see provisions made in the Constitution for Regulations to be made setting out the procedures to be followed by the various Service Commissions and the Appeal Board wherein the rules of natural justice arc entrenched.
POLICE SERVICE COuiIISSIOil '..'e recommend the establishment of a Police Service Commission which should include a Chairman and two other members.

The Chairman ought to be appointed by the Governor-General/President after consultation with the Prime Minister and the Leader of the Opposition and the appropriate representative body.

One member appointed after consultation with the Commissioner of folice and one member appointed after consultation with the appropriate representative body.
All Police Officers ought to be dealt with by this commission.

PENSIONS He recommend that provisions similar to those contained in Article 53 and yp of the British Honduras (Belize) Constitution, Ordinance Io.

33/1963, should he embodied in Belize's Independence Constitution with the necessary modifications and adaptations.

The Bahamas Independence Constitution 1973, Articles 122 and 123 are considered appropriate for emulation.
PUBLIC SERVICE (ESTABLISHMENT) LAH \'e recommend strongly that a Public Service (Establishment) Ordinance ought to be brought into Law to coincide with our Independence date.

Ihi" Ordinance would set out the rights and obligations, among other things ox Public Officers and may be called in aid for the settlement of disputes when they arise.

We see appointment at pleasure as anachronistic, Many ofihe Colonial Regulations, General Orders etc.
could then form part of th- Subsidiary Legislation emanating from that Ordinance.

- 6 - S.GCRET.JiY TO THE PUBLIC SERVICE COliHISSIOH JUDICIAL 1!D LEGAL SERVICE CChJISSIOJ A'lD THE POLICE SERVICE CuililSSION .

- recommend that a person other than the Chief Personnel Officer ought to function as Secretary to the three commissions.

The Chief .. ersonnel Officer (.


ermanent Secretary) Establishment being secretary to any commission offends the rule of ’atural Justice as in most cases his very job puts him in the position of accuser and advisor.

There should be a full tine secretary to the three commissions and he should be of the rank of Permanent Secretary.
AuJjTOli GE ’EP«JL & DIRECTOR OF PUBLIC 1ROSECUTIO1IS The tenure of office of persons appointed to these posts ought to be made secure aid Article .52 of the Belize Constitution Ordinance 33/19&3 with the necessary modifications and adaptations ought to be included in the Constitution.

DERMA [1L*1!T SECRETARY All appointments to the Public Service are to be made by the Governor-General/lresidcnt acting in accordance with the advice of the relevant Service Commission.
However, appointments to the office of Permanent Secretary or Head of Department are to be made by the Governor- General/i’resident acting on the recommendation of the Public Service Commission after the Commission has consulted with the rrime minister.

Appointments to the office of Permanent Secretary on transfer from another such office ought to be made by the Govornor-General/rresident acting on the advice of the Prime Minister.
He include the office of Financial Secretary, Undcr-Sccrctary Finance, Head of Planning Unit and Secretary to the Cabinet in the term Permanent Secretary.

ower to appoint, promote, transfer, remove .

mibassadors, High Commissioners other principal representatives ought to vest in the Governor- Gencral/t resident acting in accordance with the.

advice of the rrime Minister.


CO 'CLUSIO/ He would like to point out that the.importance of the public service in the effective management of Belize cannot be overstated, iluch of the information required for the formulation of policy has to be collected ana organised by public officers for presentation to political decision makers and the method, of presentation can influence the decision.
When policy is once decided upon, its implementation depends largely on the skill and dedication of the public officers.

J.ublic Officers arc very much part of Government.

He would like to sec an independent service commissions to which is entrusted the power to appoint, transfer, promote and discipline persons in the public service, rublic Officers ought to be insulated against direct political i nfluence and so be fixe to serve any political administration with equal dedication.

w .« -■ I .
w .« -■ I .

'i-VpCy’ATIC I TDEC'i ,'DJT:T U TIQ-I 7 Church street Belize City B.H, i , .

Dox 695 affiliated to the international metal Porkers Joderatit- 1 - headquarters in Ge eva, Siritzorland Appendix A-7 16th January, I9EI The Honourable G,C, _rice Premier of Belize Office of the iremier, Belmopan Cayo District Belize, Dear llr, iremier, Proposals from the Democratic Independent Union to tine Committee for an Independence Constitution to be con­ sidered.
for inclusion in the said Constitution The Executive of tho Democratic Independent U 'ion, after seriously considering what !ot to expect from your government after the achievement of Independence, have decided to submit the followin': proposals to be considered and included in the Constitution for an independent Belize• 1.

That Her Majesty the Queen of England (or His Majesty the ting and their posterity) should be.
the Titular Head of an independent Belize, as is the position ii Canada, That all Judges and Magistrates must be appointed by Tho Queen (after due consultation with other senior members of tho Bar of Belize) from nationals of Belize or other Caribbean countries, or England, and that they should be independent of .all politicians whereby they can perform 3= their duties without fear or favour.
That the office ox premier should be held for a period of two terms of four years only, and that the government should bo of the people, for the people, and by the people, ;>o as to protect Belizeans from tyranny and the effects of the exercise of absolute power by any individual.

That a.

Bill of Rights to safeguard the ri^atr, of the citizens of thin country bo included in the Constitution, II * r> 8 •i - 2 - 5e J.nat j.r?,".
; Union rights in general shall rot be inter­ fered :...t,h directly or indirectly by the politicians, and that the go ver uncut must establish industrial Disputes Court, staffed by independent judges, for settling y unduly protracted trade dispute which cannot Co settled by the Labour Departne t or by other means , 6, That there should be to oppressive legislation against our people, such a-., for example, 'ordinance b, 14- of 196?

entitled .Joj.tzo?.
entitled .Joj.tzo?.

of public footings and .ublic irecessions Czdincr.cc, 1967" which states that any 'mooting1 i.e.

’any gathering of five or more persons convened or held for any purpose which includes any political purpose .

is illegal without first obtaining permission from the Commissioner of ..dice; and Lection 1$, ••(!)
(a) and (b) of the proposed Grid ial Code which reads - tJ “19»-(1) Hvory person who - (a) directly or indirectly, instigates, commands counsels, procures, solicit;: or in any manner purposely aids, facilitates, encourages or promotes, the commission of any crime, whether by his.
act, presence or other, wise, or (b) docs ?.ny act for the purpose of aiding, facili- t;’,t:'.ny, encouraging or promoting the commission of a, crime by any other person, whether tno 1 or ufsnoun, certain or uncer tain, ' hall be .,unity of abetting that crime of abetting the other person in rcc.

'.ject of that crimes' Token tog ;tb..;r. these lavs severely inhibit the rights of Belize;-./.
to freedom of speech, in discuss..’.’; any issue, a id the right to associate freely, and they c traveno Articles 19 to 21 of the Declaration of Human .iig-'ts.

7 c That Communism should bo made illegal 1 any part of Belize since that system of government suppresse;.

human rights and is abhorre t to the people of Belize, Th.it freedom of speech and the right to protest or demonstrate against bad and rapacious government rboule be included, and that by the voice of thepeoplc such a govcr.rnnent must reign.
That Belize ?l®’-,ld not surrender any portion of its territory * w before <•:.

after independence.

.. 3 _ io.

11. l:-h 13- U.

15.

15.

17. lb.

19. kO Zl.

That the free movement of Belizeans within Belize and in out ox Belize to any foreign and fneidly country should lot be impeded in any way.

.that churches and other social organisations should be allowed to function unmolested.

That education should bo made compulsory .-.nd no children should be seen on the streets during school hours.
That more than one political party should be allowed to fu actio- .

That all the International Labour Conventions be ratified by the Government before independence and be included in the Constitution, so that after independence the govern­ ment will be bound by them, as is the present case whereby the British Government has ratified the Conventions for Belize.
That the people:s only radio station be made accessible to all political parties and all organisations without ccnsori- ’ what they wish to say to the public, so-,that the people should have the right to hear both sides and to decide for themselves, as they are perfectly able to do with 95 ±>er cent literacy in our country.

That there should be an election before independence, and thereafter an election every four years in order to avoid one-party rule.
That there should be a referendum on the Constitution for an independent Belize, and that the Constitution should provide for referendum on any other vital issues that could affect the lives of Belizeans in the future.

That there should be a five-day working woc>.

: established throughout this country.

Police brutality should be absolutely discouraged, and safeguards to this effect should be written into the Constitution.
The righto of our citizens to work without being politi­ cally victimised, for not supporting the party in government should be cnshri -,od in the Constitution.

That Belize should endeavour to be friendly with all democratic countries to enhance its trade and develop it.-; tourist industry, on the pattern of the tourist industry of Barbados.

* *0 * - I _ iv _ iii-'-t government hould allow, and do all in its power to foster, private industries.
fhat Guatemala should be allowed to pass her goods through ■nlize by way of an international highway built by the U, .

'-over ament before independence, andbo made to pay rates similar to those paid by exico, and also, pay a. toll for tho use of such highway.

That the .principle that all men axe created equal in dignity a rt in ri.-^its should, be recognised by the Constitution< ■or the benefit of the '.-olisca'people, who are .
'.opt in the dark, I should draw your yovornr.cixt’r; attention to tho .xclnration of Hunan fight:., under which people ax’ nations ali:;.e are accorded the same basic rz-./'hts, a id un1'er1, hi ch wo are aware that you;: government has demanded Independence for ISelise.

Dcclaratio a of 'lumaa ’.ights which was _adpytcd <y~- 10th December 194*by the General Assembly of the United b.tion.n.
‘This Universal declaration of Hunan ’fights as a common standard of achievement for all people-: and all nations, to the end .that every individual and every organ of society, keeping thin Declaration constantly in mind, .-hall strive by teaching and education to promote respect for these rights a id freedoms and by .progressive measures, •xatio'al and inter r.tional, to secure their universal and effective recognition and observance, both among tho peoples of iember states themselves and ano : the peoples of territories under their jurisdiction.
"Article 1.

All hu;.'a.

beings are born free and equal in dignity a id righto.

They aro endowed ith reason and conscience and should act towardr.

o;.c another 1; a spirit of brotherhood.

'•Article 2.

Jvoryono ir.

entitled to all right.

:: and freedoms set forth ii this Dcclaxatio-.i, without distinction of wy kind,such as ra.ee-, color, i.c::, langur-go , religion, political or opi 'ion, national or racial origin, property, bitth orother statu.
.- ;u:.thcrraore, no di.-.ti'-ction shall be -lade on the basis of .th; political or;, jurisdictional or international statur: of the country or territory to which a person belongs'., whether it bo independent, trust, non-solf • '<> -'cr.iing, or under any limitation of sovereignty.

“article 3- Iveryonc has the right to life, liberty and security of person., ‘Article '!•< b one shall be hold in slavery or servitude, slvA’cr:/ and the slave trade shall be prohibited i - all their forms.
“Article 5. b oho shall bo subjected to torture or to cruel, i hu -.n or degrading treatnc t or iainirhuont.

•• 5 - "Article 6, ivcryc has the right to recon ition everywhere as: a p -,;.o,i before the l£<e *uticlo ?.

All arc equal before the la’, and arc entitled i ..thoui, .. y ri.

:;cr?j.ii a.tio • t.> equal protection of th; law.

All are '••luiuJ.

te equal protection against any discrimination in violatic?
or th;i.‘ J)ecl'.r.-ytio'- and a.:'?, st a-y incitement to such discrimination,, "-t’-rto.cle 8- iveryc liar, the right to an effective remedy by the corpatent national tribo.’.al;; for act,;, violating the fu 'dar.icnt.nl right:; granted him by the Co •-■.titutiou or by law.

“Article 9» detention or c::ilc.

o one bril bo subject t:> arbitrary arrest, “Article 10.

Everyone is entitled it full equality to a fair and pi’.blic.
hearing by an independent tribune!., in the determination of his rights and obligations o.

'd of any criminal charge against, him.

‘■Article 11. veryo :,c charged with a penal offeice has the right to bo presumed innocent until found guilty according to la’-- 1 a public trial at which he has had all the guranteos necessary for his defence.

Q (2) 'o one shall be held guilty of any penal, offence for any act or oiririclon which didnot constitute a penal offence under natio rd.

or international law at the.


time when it was committed.

“ArticlelA.

o one hell bo subjected to arbitrary inter­ ference rith his privacy, fa-iily, hone or correspondence, nor to attacks upon hi a -honour and reputation.

Everyone ha:; the right to protection of the law agai nst such interfere ice or attacks, “Article 13.

Everyone has the right to freedom ofrmavenrent and'residence within the borders of such state.
(2) j;:Yeryo”ie has th eright to leave any country including his ow i, and to return to his countrye “Article 'hreryono has the right to scot and to enjoy in other countries asylum from persecution.

(,-i) Thin right maynot be invoked in the case of prosecution genuinely arising from non-political crimes or from acts contrary to the purpose:.

; and principles of the tzatod atio is.

‘ ticlc 15< jhroryonc liar; the right to natio.v J.ity, nationality nor denied the right to changchis nationality.

(?.)
(?.)

o one .-hall bo arbitrarily deprived olhis - 6 - "Article 16, ,-.cn end women of full ago, without any limitation due to znc-.-, nationality or found a family, religion, have the right to marry and to lhey are entitled to equal rights aw to marriage, V 1 ■ i K i o durir< marriage and at its di .solution, free a, fl full consent of the intending spouses.
(8) : arziage shall be entered into only with the (3) The family is the natural and fundamental group unit of society and it; c 'titled to protection by society and the state.

“Article 17.

Everyone has the right to own property alone as well as in association with others, (2) 'o one shall be arbitrarily deprived of his property.

"Article 1C .
"Article 1C .

Everyone has the right to freedom of thought, conscience and religion* this right includes freedom to change his religion or belief and freedom, cither alone or in community with pthers and i .

public or in private, to manifest his religion orbelief in teaching, practice, wordlip and observance.

"Article lg.
"Article lg.

Everyone has the right to freedom of opinion and expression, thisrioj.it includes freedom to change his religion or belief and freedom, cither alone or in community with others and in public or in private, to manifosthir.

religion or belief in teaching, practice, worship and observance.

"Article 20.

^Everyone has the right to freedom of peaceful assembly and association (2) To one nay bo compelled to belong to an associa.tion.

"Article 21.
"Article 21.

.Everyone .Jias the right to take part in the government of his country, directly or through freely chose: representatives.

(2) -ivoryo'.e has the right of equal access to the public service in his country.

(3) The will of the people shall be the basis of authority of government; thi:-.
will shall be expressed in periodic and genuine election which shall be by universal and equal suffrage and shell be held by secret vote or by equivalent free voting procedure:.. "Article 22, Everyone as a member of society has the right to social security and is entitled to realisation, through national effort and international cooperation and in accordance with the organisatio?.
and'resources of each state, of the economic, social aid cultural rights indispensable for his dignity and free development of hisperso.iality.

4 o « fc ■ 6 & • <3 i I I TA e ■ * 4 ^9.’ ‘Voryonc has the right to wor!,:, to free choice ox employee t, lo just and favourable conditions of work and to .protection against unenploymc it.

the*r.;..ynt to equal ,y.y for equal work.

(2) hvoryone, without any discrimination, has (3) •ryone who works has the right to just and xavouraole rcnumcr&tio-.
insuring for himself and hir.

family an °.>istc co worthy of human cb.-yiity, and supplemented, if necessary, by oth ?r mean;, ofsocial protection.

(’■!•) 'h.

'cry >-.>o has the right to form and join trade u ions ?.’or the protection of his interests, '..reticle 2i'-< hveryeno has the right to rest o.

’.d leisurej in.cluoi'1 ■; reasonable linitq.t:ion ofworking hour.?
arc', periodic holidays with p, yArticle 2.5 hveryono has the right to a staud.-r"d of living adequate for the health and tlno well-being of himself and his family, includl/'.y food, clothing, housing and nodical care and necessary sodial 'i rvices, and the right to security in the event of unemploy­ ment, : •icknecc, dir,ability, widowhood, old age orlaci of livelihood in circumstances beyond hir: control.

(2) Motherhood and childhood, arc entitled to specia?.

care a id asnistance.


All children, whether to in or out of wedloc a shalll enjoy the sane social protect!© i.

Article 26.

Averyon.?

; has the right to education.

education shall be free, nt leant in the elementary and.

fu/ideme tai stages, Sle;>crac itary ©ducat:.

; i shell be compulsory.


Technical and professional education i..h.?J.l be made ger©rally available aid hi ■.. r education shall bo equally accessible to all on the basis of ncro.t, Education shall b- directed t th full development of the humor personality aid to stro: \ thening of respect of human rights ?.nd fu idr.

xontol freedoms.

It shall promote under rrta’-ding, tolerance and friendship among all nation.?.
; racial ox religious groups, and shall further the activities of the i.tiitcddatio-i;: for th.c .’.

'.aintenancc of peace.- .

-rents 'have prior r.i.'-ht to choose the lindof education that shell begiven to their childrci.

-.Article 27.

/hrerycio has the right to freely participate in th,c cultural life of the ccmuunity, to enjoy the art-: and to share in scientific advancement and its benefits.

(?)

-Jvoryone has the right to pr tection.


of the neral material interest resulting iron any scientific, literary or artistic productic ’.

of.

which he is the author.

i - 8 - "Article__28.

order in which the rights can be fully realised.

kveryo'o is entitled to a social aid international and freedoms set forth in this Declaration ■ :veryone Has duties to the community in which ^r0G ■'-'■■’.d full development of his personality is possible.
(■'-) r■ the exercise of his rights and freedoms, everyone shall be subject only to suchlimitations as are determined by la: solely for the purpose of securing due recognition and respect ror the rights and freedoms of others and of meeting' the just require­ ments of morality, public order and the general welfare in a democratic society.

exercised contrary to the purpose and principles of the United Rations.
(3) These rights and freedoms may in no way bo "Article 30. ;othing in this Declaration nay bo interpreted as implying for a, state, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms sot forth herein."
Hr .Premier, your government should have no problem in implementin'; these and other relevant proposals that will ensure and safeguard the freedom of the Belizean people, since your government has used the uij.te'' Rations as your forum to internationalise your burning obsession for independence .

Any refusal wouldleavc you end your government open to charges of double dealing where the application of the Declaratio i of Human .lights to the people .

Belize is concerned.

Hespe ctfully yours.

Sgd.


Gyri].

.

.

Davis rresident cc.

Director General, International Labour Organisation, Geneva ..r< Hurt VxLdhoira, Secretary General of the United ations The kt.

Hon.

Lord Carri:’.

;ton, Secretary of State for Foreign and Ccnuonwealth Affairs, England His Excellency the Governor, Belize r. Ileman debhau, General secretary, International .

.etaiworker:, Federation i.r.

Frank Ualcctt, General Secretary, Baxbado .

The Honourable; J.
The Honourable; J.

Seay-., iremior of Jamaica cxrkors Union The :k>n.

Dr The Hen.

G. Thompson, T. Aranda,, lumber of the House of representatives, jjclm>.c ci’.her of the House of iicyrese.itative, Duxi"';.

I I I • 4 » & St. John's College SCX 5^8 Belize City, Belize C.A.

Appendix-A-8 February 21, 1981 Mr. A.F.


Monsanto Clerk to the National Assembly Belmopan Dear Mr. Monsantoi Thank you very much for sending us the copy of the White Paper and for the invitation to make representation about our ideas on this important step in Belizean history.

We would like forst to commend the National Assembly on the wide consultation that is taking place on the White Paper.

It is a good way to seek the opinions of all of the people of Belize.
We had a community meeting to discuss the White Paper and the response of the SJC Jesuits was very positive.

We very much like the Preamble and the treatment of Human Rights and fundamental freedoms.

We believe that it is a very positive step to have such ouilt-in protections and one which should help to achieve a greater sense of national unity.

There were a few particulars that we would like to comment on in response to your invitations 1.
We think that the section on citizenship should be made clearer to take in cases of citizenship by registration; wither (sic) registration that has already occured or registration that will occur after our independence.

2.

We think that there is a contradiction between numbers 19 and 36• #19 says ihat the Governor General shall appoint as PM the leader of the majority party; while #36 says that he shall use his own deliberate judgement in the appointment of the PM.

3.
3.

We do not understand the last sentence of #21 which 3- states that the AG shall not be subject to the direction or control of any person or authority."

U. emergence® realizing of course that We believe that there should bo a ’time limit on national a situation has improved.

5, We believe that the Judiciary should be appointed by 5- the Governor General after deliberation with the Prime Minister and not on the advice of the Prime Minister.

We very much like the Code of Conduct in # 100 but ’ .
6. would also like to see a way to enforce it-, a constitution may not be the proper place for such a mechanism but perhaps it could be placed in the by-laws of the National Assembly.

We realize that 7.

We agree with the basic critique in AMANDALA on 7. freedom of the press and the possibility for non-government owned radio and TV.
2/Again..... i (2) Again, thank you very much for consulting us on this important step in Belizean history and our commendation to the National Assembly for the efforts to make the White Paper known to the entire country.

With prayers that this process will help to bring all of the people of Belize closer together as independence approaches, Sincerely, SGD.

Richard Buhler, S.J., on behalf of the St. John's College Jesuits THE BELIZE LIBRARY ASSOCIATION Appendix A-9 Central Library, Bliss Institute, P.O.
Box 287, Belize City, 24-th February 1981.

* 4 Mr. A.F.

Monsanto, Clerk of National Assembly, Belmopan.

Bear Mr. Monsanto, The Council of the Belize Library Association met to discuss the matter of presenting its views on the White Paper to the.Joint Select Committee selected to hear the views of Belizeans on the said White Paper.
The Council agreed to and has instructed me to write you informing you that because of the following reasons the Belize Library Association is unable to make representation in any form on the very important matter.

n (1) (2) Although your circular is dated 3rd February, it did not reach the President of the Association until Thursday 19th February 1981.

The Council of the Association is made up of seven members and at present has only one copy of the White Paper.
The one that came attached to your circular.

We feel therefore, that since it would take each member sometime to read thoroughly this White Paper and also more.tin to meet to discuss this document, the Belize Library Associa­ tion, for it to present any concrete ideas to the Joint Select Committee, would need more time to deliberate on this important matter.
We would also need at least six more copies of the White Paper in order that each council member would be able to digest and understand it thoroughly before passing his or her views.

The Library Association knows that it has taken several meetings by at least one organization just to discuss the matter before the final decision.could have been made as tovhat to put forward to the Joint Committee.
Therefore, if it is possible that more time could be allotted to discuss the matter of the White Paper.and if we could get more copies of the document, the Belize Library Association would be able to make proper representa­ tion either in writing or in person before the Committee.

We await your answer on this matter.

With every good wish.

Yours sincerely, SGD.

( R. T. HULSE Secretary. )
Appendix A-10 RESOLUTION PASSED BY THE PEOPLE'S UNITED PARTY SPECIAL CON^NTION ON GOVERNMENT'S HRITE PAPER HELD IN THE BELMOPAN SHOTGROUNDS ON SUNDAY, 15 FEBRUARY 1981 The People's United Party Convention, Having considered Government's White Paper on the proposed terms of a Constitution for the Independent Belize, Noting that the said White Paper accepts the supremacy of God and the brotherhood of all Belizeans; seeks to preserve and protect our human rights and fundamental freedoms in a free, democratic and independent Belize; and strives to broaden social justice, equality of opportunity and respect for the rule of la’v; also noting the general wish for the inclusion of the Belizean prayer, flag and anthem in the Independence Constitution; Firmly believing that now more than ever ve must struggle to ensure that 1981 is the year of our safe and secure independence with all our territory; that our independence will be a driving force for more development and prosperity; and that we can rely upon the high sense of responsibility of the British government and people to provide an adequate defence guarantee to make Belize safe and secure; Extending once again the hand of friendship to the Guatemalan people and requesting their government to respect our right to self-determination and territorial integrity; RESOLVES (1) (2) that the Special Convention of the People's United Party gives sure support to government's White Paper as a sound and authentic basis for the new constitution for the independent Belize and to express its confidence that the Joint Select Committee of the National Assembly will faithfully canvass and reflect the will of the Independence Constitution of Belize.
Submitted by Secretary General, People's United Party.

SGD.

Mark A. Cuellar ■ « » * Appendix A-ll BELIZE CHRISTIAN COUNCIL P.O.

Box 508 - Belize City Belize, C.A.

Recd.

25/2/81 25th February, 1981 The Clerk National Assembly Belmonan Dear Sir, WHITE PAPER We attach hereto a copy of our letter mailed yesterday - 24th February, and are asking for your kind consideration pending receipt of the original. )

* o With thanks, Sincerely yours, SGD.

J.H.

Jeffries EXECUTIVE SECRETARY.


Belize National Teachers' Union Appendix - A-1& Phone: 285?

P.O.

Box 382 Belize City Belize February 23, 1981 President: Secretary: Admin.

Sec.

: Carlos 0.

Castillo Miguel Wong The Chairman Joint Select Committee National Assembly Belmopan Cayo District Belize Central America Dear Sir: The Belize National Teachers' Union has studied Government's White Paper on the proposals for the Constitu­ tion for the Independent Belize.
Having studied the White Paper, the executive of the Belize National Teachers' Union has directed me to iske the following observations and comments.
The BNTU accepts the preamble which states that the people of Belize affirm that the Nation of Belize shall be founded upon principles which acknowledge the supremacy of God, faith in human rights and fundamental freedoms; respect the principles of social justice; believe that the will of the peonle shall form the basis of government in a democratic society; recognize that men and inititations (sic) remain free only when freedom is founded upon respect for moral and spiritual values and upon the rule of law; require policies of state which protect and safeguard the unity, freedom, sovereignity, and territorial integrity of Belize.
The BNTU would like to make the following changes on pages and sections indicated below: page - d the words "including prostitution" sheuld be inserted after "Slavery and the slave trade in all their forms" page - f - the word morality needs to be defined - Who will decide what morality is?

.page 5 - i - the word mass medium suggest only one and.

so the BNTU wants the word to be mass MEDIA, to include all and not only one.
page 5 - j - the words ; "creed or sex of section j. to be added at the end page 9 - The Cabinet The BNTU feels that the Cabinet should not consist of more than 5°^ of the Members of the House of Representatives.

2/page 12 (2) nage 12 - Section 33 n The last sentence should be changed follows-.

to read as In the performance of its functions a quorum shall comprise 50^ of the members which make up the Belize Advisory Council.
pages I3 & 15 - Section 14-1 The Elections and Boundaries Commission should be made up of people from both political parties so as not to show bias for either party and thereby ruling out the accusations being made of fraud and mistrust in the Commission.

page-26 - Section 100 In all fairness to the people mentioned in this section, there is need to define sections e and f more fully.

Sections e calls for only allowing one's integrity to be called into question and it would mean not doing one's duty.
It should state that these must be proved rather than only allowing one's integrity to be called into question.

The BNTU would also like the Belizean prayer, flag and anthem to be included in the Independence Constitution.

Moreover, besides the above, the BNTU would like the state of an Independent Belize to be identified or associated with other symbols.

For example, the Maple Leaf is Canada's identification, the Eagle is the United States, and the Bear is the USSR's.
Perhaps the Mahogany tree or the Flamboyant tree or some national symbol be included in the constitution by which Belize could similarly be identified.

Also, the monetary unit of Belize should be included, e.g.

Mexico - peso, Honduras- lempira, Guatemala - quetzal, Belize - dollar?

Lastly, Belize, in a way, has enjoyed a unique form of partnership in Education - the Church-State partnership.

This is an old tradition and has worked well.


The BNTU would like the inclusion of this partnership in the Constitution of the Independent Belize.

This inclusion will ensure that the Church and State will continue their fine work in educating the Belizeans to take their rightful places in an independent Belize.

It will also wipe away all fears that the government is Communist or that the government will take over all schools and the Church will have no place in the education of the Belizean citizens.
It is BNTU's hope that the Joint Select Committee of the National Assembly will carry out a true canvassing of the people's recommendations and will so reflect the will of the people in the final draft of the Independent Constitution of Belize.

Yours sincerely, SGD.

Miguel Wong Secretary.

* Appendix A-13 BELIZE CHRISTIAN COUNCIL P. 0.

Box 508 - Belize City Received 26/2/81 Belize C.A.


24th February, 1981 The Clerk National Assembly Belmopan Dear Sir: WHITE PAPER At the Annual General Meeting of the Belize Christian Council held on 23rd February, the Assembly requested that Submissions be made for (1) month's extension of time as from the 25th inst.

in order to give further consideration to the important Document referred to in the subject matter.

With thanks for your kind consideration, Sincerely yours, SGD.

J.H.
J.H.

Jeffries Executive Secretary JHJ/ds 'V; APPENDIX A-14 No.

7 Gibnut Street Belize City, Belize Central America The Joint select Committee Tb consider the Draft Constitution Gentlemen, On behalf of my wife, Evadne, my two daughters, June and Ruth Gillett and mysllf, I wish to express our heartfelt thanks, appreciation and admiration to Government for the White Paper on the proposed Constitution for an Independent 'Belize'.
We have carefully read this most important document from the beginning to the end.

We have also taken into considera­ tion the amendments made at the Convention held at Belmopan on the 15th February, 1981.

We are hereby giving our unconditional support to every detail of it.

Sincerely, Sgd.

VALLAN GILLETT Ex.

Asst.

Supt.


of Police APPENDIX A-15 Mullins River Village Stann Creek District 19th February, 1981 The Select Conmittee Proposed Term of a Constitution for An’Independent Belize Dangriga, Stann Creek District.
Dear Sir, Please be advised that we the majority Villagers of the Village of Mullins River have read the Government White Paper on the proposed terms of a Constitution for an Independent Belize and to state categorically that we support fully the terms recommended to be embodied in our Belize Constitution.
Me have however, observed that the symbols of Independence which are; Our Belizean National Prayer, our Belizean National Anthem and our Belizean Flag have all been overlooked and therefore request that these be enshrined in our New Belize Constitution.

Thanks, I remain, Sincerely yours, Sgd.


PETHAN BELISLE On behalf of the Village Council and people of Mullins River Village « APPENDIX A-16 Placencia Stann Creek District 28th February, 1981 The Select Committee White Paper Proposed Constitution Independent Belize National Assembly Bel mopa.n Cayo District.
for an Bear Sirs, We the members of the People's United Party Branch of the Village of Placencia wish to state that we the members here give support to the Government White Paper four our Nov; Proposed Constitution for an Independent Belize.

We have noted, however, that our symbols of Independence were over­ looked in the proposals and therefore take this opportunity to request that these symbols be enshrined in the said Constitution, namely s Our Belizean Flag, our Belizean Anthem and our Belizean Prayer.
Thanking in advance for your cooperation.

’ e I rennin Sgd.

LI.□ TON LESLI A Chairman - P.U.P.

Branch Placencia Sgd.

LEOPOLD C/iB.iAL LOUIS LESLIE Party Members We need this new law, for Independent Belize dis year.

Canta Clara APPENDIX A-17 Ibmate Tea No.

216 Tbwer Hill Sugar Factory Orange Walk Town Belize, C.A.

February 24, 1981 In my high opinion, rry Government of Belize is waisting a good resource of Belize on Prostitute, (sic) The White Paper is written in our Belizean favour.
But our Government can get more money if they look keenly on Prostitution in Belize.

You all know that lots of good money went from here every week to Mexico and Salvador and Honduras and Guatemala from those girl.

: come over here to husle.

(sic) While that some of that money can stay right over here in Belize if our Government know how to use its head like the other country (sic) that legalize this trade.
Let there be licence for thos who want to enter that trade and pay good money for it and anyone found without a licence and doing this trade, -take the.

to courth (sic) and fine them good money to pay.

And beside they must visit the doctor 2 time (sic) a week.

With a doctor fee and one find with out a doctor certificate of health, also take her to courth and find her also, (sic) ' You know that we will get independence this year, who no want or not.
We da fu ya and we need all the money we need to rule of Belize, every cent that stay here da fu we and dont let this girls get away with murder by geting this money home here and sent it home to their home land.

Let get some of this money back from them.

In Guatemala Government get his cut of money from them.

In Honduras Government also get its share.

Also in Mexico.

Only hero the Government dont know what he is loseing.
(sic) The oldest trade pay a lot of money, in the Bible said pick up the stone and stone her, if you dont do as she does.

also in the Bible the man and his daughter-in-law.

The nan I am pregnant for is the owner of this Staff and Ring.

The House that Christ love to stay is Mary Mandaline.

No husband but rich woman of her prostitutions.

The oldest trade in the world and lots of money behind it.

What we cannot fight.

We can trade i.t for money, (sic).

Think about it and pass it into law.


and the Government will stop the club owner from taking from Government what belong to Government and that is money, also what money those Prostitute made here in Belize they must not send all to their family abroad.
We Belizean Government need that money also for Better Belize and Better Government, (sic) appendix A-18 BISHOP'S HOUSE ROMAN CATHOLIC DIOCESE OF BELIZE Box 616, Belize City BELIZE, CENTRAL .■JIERIC.x February 25th, 1981 s Mr. A. F. Monsanto Clerk of the National Assembly Belmopan Cayo District Belize Dear Sir: I write on behalf of the Roman Catholic Church in Belize in answer to your letter of February 5rd, 1981.
I would be grateful if you would present our comments on the White Paper to the Joint Select Committee.

1) 2) We commend the Government of Belize for its proposed Preamble to the Constitution and its stand on Human Rights and fundamental Freedom.

Care should be taken that basic Human Rights are protected even when there is question of National Security.
"Any c.pprerent conflict ^between the needs of security and those of the- fundamental rights of citizens must be resolved according to the basic principle - always maintained by the church - that the social organization exists only to preserve man and protect his dignity."

(John Paul II speaking in the Phillipines, Cf.

TIME Magazine, March 2, 1981, Page 2).

5) We believe that the unique Belizean Church/State Partnership in Education, should be preserved, and protected.
Possibly the best way to do this is by making provision for it in the Constitution.

..We believe that the majority of our people appreciate the system and would go along with our suggestion.

The pr.

sent system gives the parents at least a limited opportunity of making a choice of schools in exercising their duty and right to educate their own children.
The duties and rights of parents in this matter are primary and should not be superseded by those of the State with the argument that "he who pays the piper calls the tune".

The money which Government uses for education is public money, the people's money.

This money is given to the Government to be adminis­ trated for the benefit of the people with due respect for their rights and wishes.
4) We commend the Government for its wide consultation on the White Paper among our people, and we trust that our people will be given opportunity and ample time to study and comment on the Draft of the New Constitution.

Sincerely yours, sgd.

R. L. HOttiPP, S.J., D.D.

Bishop of Belize 9 cc: Hon.

George C. Erice, Premier APPENDIX A-19 25th February, 1981 e The Clerk, National Assembly, Independence Hill, BELMOPAN.
Dear Sir, PROPOSED CONSTITUTION OF AN INDEPENDENT BELIZE I take this opportunity to express full support for Government's White Paper on the Proposed Terms of a Constitution for the Independent Belize".

It is beyond doubt an excellent document, well written and shows hours of thought and deliberation - its writers should be commended.
There are however, a few points on which I would like to comments (1) Paragraph (68) I believe that it is definitely necessary for any amendment to the constitution of Belize to be effected only by a referendum.

initiated by the public.

There should also be provisions for amendments to be (2) Paragraph (91) I don't believe that the Belize Advisory Council should be empowered at anytime to revoke or decide upon any decision of the Governor General of Belize.
May I further humbly submit and respectfully request that the Belizean National Flag, the Belizean National Anthem and the Belizean National Prayer be enshrined in the constitution.

Yours faithfully, Sgd.

E. H. COURTENAY XT APPENDIX A-20 The Toledo South Electoral Division, Punta Gorda Town c/o St. Peter Glaver College 25® February, 1981 The Chairman Joint Select Committee c/o The Independence Secretariat of Belize Belmopan, Belize, Central America.
Dear Messrs., We the members, supporters and sympathizers of the People's United Party of this constituency hereby declare that; we are in full agreement with terms and proposals laid down by the 'White Paper' and we specifically do so because; i. ii.

iii.
iii.

The White Paper, whatever its contents, gives every Belizean citizen the opportunity and right to scrutinize, analyse and accept or reject the terms theretofore, The terms of the paper are based on sound particulars of Common, Constitutional and Criminal such as are internationally acceptable, and hence form a sober basis on which Belizeans' actions can/may be guided.
The terms of the paper suggest that there will be full endorsement by the judiciary, executive and parliament to protect individual citizens as free men along the lines of equality, justice, indivi­ duality BUT that at the same time that the individual is subject to legal interogation/court hearings/conviction in weight as the case deems right, iv.
The terms of the paper does not leave anyone over and above the law, so that even the Governor-General (and hence the lowest level of th, social scale) will be subject to the law, hence complete justice wil be exercised up and down, and across all strata of society.

v. The paper is suggesting that Belize be a complete or distinct entity as a nation-state in the Americas, and this we agree with, because Belizeans have aspired for centuries to be free from the yoke of Colonialism.
We realize but we do not regard the Guatemalan ciair;, to Belize, and it is for this very reason that we so readily want Belize to go into full, sovereign independence.

We whole-heartedly support the White Riper and support for Belize's move towards Independence.

Very faithfully, Sgd.

PHILIP D. EDWARDS ¥ 0 0 0 THE MONETARY AUTHORITY OF BELIEF APPENDIX A-21 P.O.
Box 852 Belize City The Clerk of the National Assembly BELMOP.JT s Dear Sir, The vjhite Paper on the proposed terms for a Constitution for the Independent Belize May I offer the following comments?

WU ALJETS AND FuIHL'HELilAL FREEDOMS Clarification .ppc-ars to be called for regarding application to aliens.

For example, will aliens be able to claim immunity against expulsion from Belize?
(para 4g) CITIZENSHIP In my view a person born in Belize should not lose Belizeans e citizenship except by voluntary renunciation, Para 14 suggests otherwise.

THE PUBLIC SERVICE - APPOINTMENTS It should be possible to devise a formula for appointment of senior officers which would not appear as arbitrary as that proposed in para.

89.

One suggestion for consideration might be that the Governor General act on the recommendation of the Prime Minister after consultation with the Public Service Comnlssion.
Yours faithfully; SGD.

H. E. C. CAIN Managing Director #■ APPENDIX A-22 SAN JOSE PALMAR OR/JIG E WALK TOW BELIZE.

FEBRU/RY 24, 1981 CLERK OF THE NATIONAL ASSEMBLY BELMOPAN * DEAR SIR 5 The people of Palmar through the Village Council puts forward some of its views on the white paper.

Much cannot be said because time is needed to really be able to read and understand everything contained in the White Paper but there are a few points which we understand and they concern 'the Village of Palmar.
/been On page 5 letter J, it would, be of great interest to not only the Village of Palmar but to all villages that something about Village Councils be mentioned.

The reason for the above mentioned is that Villages here in Orange Walk have always/electing their Village Councils yet many Village Councils have been ignored, rejected and even substituted by another Village Council set up by the authority of a Minister.
This we believe is unfair since this is against the human rights of the Villagers who freely and democratically chose their own Village Councils.

On page 6 (N), concerning the -protection from deprivation of property, the Village oh Palmar does not accept that good protection is offered.

Here again a person can take your land and refuse to pay on the terms that he has a right to the land or if he is influential that he needs the land for somethingelse.
This leaves the owner of the land to first try to prove that his right has been abused and then to see what form of compensation he can get.

The Best thing would be that anyone who wants to occupy a piece of land belonging to someone else must prove that he has a right before he occupies the land.

In otherwords, no land should be taken away from any person unless a court has determined that it is just and has decided what form of compensation should be given.
Palmar is faced with the problem in which a very influential man is practically robbing the Village of its land and not even Government seems to want to do anything about this.

We would surely not want this to happen to other Villages but we know that it is also happening.

The Council hopes that this part of the Constitution, in particularly, will be fixed so as to prevent any person to use his powers to grab land.
There are two points which interest us most prefer others with more education to speak on the rest, the Village of Palmar, our duty is to first be concerned about the affairs of our ' Palmar, and this we believe we have done.

Faith is strong in that you will consider our comments and do something that will benefit the Villagers.

As the Councillors of Our knowledge is limited and so we With much hope Sgd.

LUIS J. CONTRERAS Chairman, San Jose Palmar Village Council ,Sgd.
HJDMICIO IZUL Secretary, Jan Jose Palmar Village Council APPENDIX A-2J 24th February, 1981 VIEWS COMMS ON GOVERNMENT'S WHITE PAPER FOR Al INDEPENDENT BELIZE As a citizen of Belize, Whije Riper.

I am making my recommendations concerning the 1.

2.

5.

4.

5.

Belizeans should be given more time to study this paper, as up (sic) the present moment quite a few Belizeans have not been able to see a copy of this paper.

Dealing with the flag, anthem and prayer.

How is it those are not mentioned in the paper?


Here, I think the Belizean people should be given a chance to choose their own flag, anthem and prayer as this will be for the Belizean people.

That the Guatemala dispute be settled before independence is considered.

If all appointments will be made on the advice of the Prime Minister, why then should the Leader of the Opposition be appointed by the Governor Beneral only and not by the People's Ordinance?
Why wasn't the Opposition included in the preparation of the White Paper?

Why then should they be expected to sit on the joint committee to canvass the country to obtain the views of the Belizeans concerning the "White Paper"?

Is this democracy?

6.

Last but not least, independence.

I feel that a referendum should be held before Sgd.

DINH.

MORGAN APPENDIX A-24 Double Head Cabbage 25.3.81 Hon.
Fred Hunter Minister of Works BELIZE CITY 5 Dear Sir, I have inform you this letter to let you know that I have given out the white papers to the villagers and finally I get to know these views all the strong P.U.P.

are in agreement withe the white paper and we are looking forward for our independence we pray that God will give our Hon.

Premier and his Cabinet liinistcrs health and strength to continue the good works and to lead us to a safe and secure independence.

(sic).

Yours truly, Sgd.

I?.


BAPTIST Chairman, D.H.C.V.C.

« I Appendix A-25 THE BELIZE CHAMBER OF COMMERCE FOR COMMERCE, INDUSTRY, AGRICULTURE and the Trades Telephone 3IA8 P.O.

Box 291 ^3 Handyside St. Belize City BELIZE 2nd March, 1981 Mr. A.F.
Monsanto Clerk to the National Assembly Belmopan Belize Dear Sir, In keeping with the request made by Government's Select Committee to the Chamber of Commerce for opinions in regards to the White Paper of proposed terms of a Constitution for the independent Belize, the Chamber hereby submits its critique of the document.

It is important to point out that this submission is made under duress since the Chamber is of the conviction that the timetable allotted for persual of the matter is insufficient.
This interim critique contains the initial feelings of the Chamber on the White Paper.

It is fully realized by the Chamber that the legal know-how necessary to make a professional and qualified submission is lacking.

Because of this fact the Chamber has saught (sic) the.

services of more competent and qualified individuals in preparing a more detailed examination which will be submitted at a later time.

Respectfully, SGD.

NURI MUHAMMAD Executive Secretary.


<1 A BETTER COMMUNITY THROUGH BETTER BUSINESS ft APPENDIX 4-25 February 1981 Chamber of Commerce Select Committee on Proposals for an Independence Constitution Sir: 1.

2.

5.
2.

5.

We were-appointed a sub-comrai ttce on Friday, February 20til, 1981, to examine the Government White Paper on an Independence Constitution the Government White Paper on an Independence Constitution, to seek informa­ tion, comment and advice on the content which is desirable in such a document, and to bring together opinions, criticisms, and suggestions ful­ filling the mandate given by the meeting of tho business community convened on Wednesday, February 18th, 1981.
Three meetings were hold, Mr. G. Young attending the final session on Monday February 2Jrd.

In addition, points of legal practice and dr a I tranship precedents in constitution-making and development of international law were researched by the sub-committee.

The following is the result of our delivc-rations.

THE PROPOSED PREAMBLE 4.

5.


We thought that as a statement of principle, this covers the essential area of concern where basic freedoms of the individual, inviolability of the home and person and the values to be promoted in an independent Belize are con­ cerned.

In the interest of neatness ..and a more active, more positive formulation a number of possible substitutions, and deletions are advanced.

These are indicated on the stencilled sheet at appendix-.'A'.

Introduction to the Constitution.


Page,2, 6. , The economy of words here has probably led to an understatement of intent .

which could have the most seriou,- security, defence and economic consequences for the new state.
While it is not practical to state that Belize, on tho appointed day, will assume a territorial definition different from that which presently exists, the White Paper, as a statement of intent, might have taken cognisance of the consen­ sus in the recently concluded U.K. Conference on the Law of the Sea and the entitlement which emerged as the consensus in relation to the territorial sea and economic zone.
We feel that Belize, in view of Guatemala's past diplomatic manoeuvres, history of incursions and pretentions on possible Belizean oilfields in the contiguous maritime area, should declare its intention of succeeding to the maxi­ mum entitlement to be provided for under the consensus of the Law of the Sea Conference.

'Declared' in the first line could bo deleted.

On Page J: We suggest deletion of declared in the first line.

HUMAN RIGHTS, etc.

5.


We recommend deletion of 'a declaration' and substitution of 'instituted a code' in first line.

(c) We suggest to state - "Protection of his private and family life, the privacy of his home and recognition, etc.

(d) Suggested redrafts "The ownership and enjoyment of private property.

(e) We recommend addition of an additional item.

- the 'right to practice and to enhance his cultural heritage, including his language and other manifestations.'

o 6 O <3 O 4.
o 6 O <3 O 4.

We recommend substitution of 'guaranteed' for 'prescribed' in line 2.

2 _ APPENDIX A-25 (a) The sub-committec 1 .1__ 1 Criminal Code at the last application of this section.

In the absence of an opportunity to investigate this matter other understands there were far reaching changes in the —amendment which have an important bearing on ■, we suggest reference to the Bar Association or competent legal authority.
- (c) We urge inclusion of a 111 1 1 1. prohibition against the taking of confessions by ■‘'he Police in private and non-admissibility of such confessions in any court of law.

There should also be reference to the position of an Ombudsman here.
Additional, an accused should bo informed of the nature and cause of accusations formulated -against him, presented with the evidence adduced against him, have the right to call witnesses in his defence, and have the right to secure the assistance of defence counsel.

His rights of appeal should bo repeated in this context.
(e) (f) At lino 3» it is suggested that competent advice be sought on the terminology "by an order" - whether, a person may be ordered to do forced We suggest deletion of the labour in times of normalcy before setencc.

words beginning "nor labour required ......

etc."

There would appear to be internal -conflict in what is recorded here, e.g.

between the sub-title and first line.


The secondssentence is vague and general enough to constitute substantial withdrawal of the proffered guarantees, which, in effect, would be qualified out of existence.

One member expressing reservation, we suggest the following in substi­ tution for the second sentence. '

’ "Every person shall have the right to be secure in their persons,' homes and personal effects against arbitrary searches and seizures, arrest or , detention.
No warrant shall be issued except on sworn testimony before a magistrate or Judge of the Sopreme Court particularly describing the , probable cause for execution of a warrant, the place to be searched and the person(s) or things to be seized.

(g) There should be exclusion of defence zones, installations or vulnerable strategic points.

Rights against expulsion, where aliens or visitors are concerned, we expect, will be qualified appropriately.
(h) (i) (i) The right to affiliate oneself politically and to carry out political activity not in conflict with the laws of natural justice could be more explicitly stated.

After 'except' in line (4) we suggest deletion of the words which follow and substitution of the following; "in the case of public emergency as defined at 6 of page 7 as amended.

There appears to be need for express prohibition, in time of normalcy, of intervention of a person's mail and or resort to wire-tapping.
In line (1) we suggest substitution of 'guaranteed' for 'recognized' and deletion of 'morality' in the second sentence.

We submit that restriction of members of the Riblic Services outside of public emergencies (6 on page 7) would be in conflict with the sub­ title.

The following formulation is also recommended: The National Assembly shall pass no law prohibiting the right of the people peaceably to assemble and petition government for redress of their grievances.
- 3 - ART-ENDIX A-25 One member dissents and suggests asking for an interpretation.

(k) It is suggested that the words after 'except' the words "in conditions of a public emergency 7 and 8 as amended.

on as line (6) be deleted and specified in section 6, (m) The sub-committec commends the-authors of the White and strength of sections (m) and (n).
Riper for the clarity We recommend that Human Rights and Basic Freedoms of a Code or other appropriate form, capable of enforcement to be a court of original jurisdiction or appeal.

be collated in the form on application o Page 7. '

We would like to see section (c) amended to include word 'of in line one, the words "two thirds of the members ,--------- j present and voting".

after the 5.

7.

10.

Suggest substitution of 'shall' for 'must' in the first line.

12.
12.

(b) Suggest 'legally' be inserted in front of the word 'resident' in first line.

We recommend inclusion under 'Citizenship' of a clause in the following terms: "Any person who has previously been naturalized as a citizen of the U.K. and Colonies in Belize shall be entitled to citizenship and persons pre­ viously registered in.

Belize as Commonwealth citizen.-prior to independence and continuously resident in Belize, shall be entitled to be registered as a citizen.

15.
15.

We are not clear whether it is or will be within the competence of an independent Belize to confer the status of Commonwealth citizen, except within the context of municipal law.

16.

Page 9.

We suggest insertion of the words 'and any other person or persons whome she may consider necessary' after Prime Minister in line 3.
THE EXECUTIVE - CABINET After 'Governor-General' at line 7 we suggest the addition.of the words 'providing that the number of Ministers and Deputy Ministers bound by the doctrine of collective responsibility, taken together shall not be such as would constitute a voting majority in the House of Representatives.

O 21.
O 21.

The wordings here would appear, in their natural and ordinary meaning, to provide that the Attorney General will be above the law and control of other persons as the person 'responsible for ~ the administration of legal affairs­ and 'legal proceedings for or against the state' are concerned.

If this is indeed the case, we would have to object to any person weilding this kind of power, as a palpable threat to the society and, indeed, the state itself.
The committee feels the need to obtain legal advice on this point.

2J.

We need to know what transitory steps will follow revocation of the Prime Minister's appointment or dissolution of the National Assembly.

27.

Appointment of Temporary Ministers in this case- should be on the advice of the Prime Minister.

30.

We have no indication of what happens if there is no Leader of the Opposition and no representation of par-ties other than the majority party in the House of Representatives.

JI.
JI.

The same question as at J0» 33.

BEU ZE ADVISORY COUNCIL We suggest insertion of 'Leader of the Opposition, President of the Bar Association and any other person he may think fit' after 'Prime Minister'.

Line 4.

<3 CJ 54.

55.

41.

48.

52.

58.

65.

70.

75- 77.

79 80.

85- 84.

85.

86.

88.

- 4 - ixtPH'JBIX A-25 Jo suggest Lender of the Opposition and President of the Bar Association' for insertion after'Prime Minister'.

Line 2.
Line 2.

We recommend inclusion on line 5. of 'within his discretion or' after the word 'act' will be necessary to refer to the ordinance establishing the Elections anc Boundaries Commission to guagc the importance of the power which is conferred to determine the number of elected members of the House of Representatives.

This formulation would appear to argue against the validity of the vote for eighteen years olds.

eighteen years olds.

Ago, by itself, is no criteria or guarantee of maturity.
We therefore suggest deletion of the words from 'shall' to 'and' of the first line.

'a person', line 4, should be substituted with the words 'such persons'.

(b) We applaud this section.

This section, in its entirety, should be deleted.- One member supports its inclusion.

This is the irajority view.

We suggest substitution of 'six' for 'twelve' in line 6. .
In-view of the threat of invasion by Guatemala hovering over the country we suggest the followings 'It shall be legal, of the whole or part of tho national territory; for the National Assembly to moot in any place, borders of Belize.

or for reasons of security, including a place beyond the in the event of war, occupation by enemy forces We recommend, after 'Prime Minister' at line 4S Leader of the Opposition and the Judicial and Legal Services Commission.'
insertion of the words ' the We gee three steps as being essential to making the independence and security of appointment of judge real and convincing, viz; (a) Recommendation by the Bar Association (b) Reference to the Belize Advisory Council (c) Assent by Her Majesty the Queen, in Council.

Inclusion of 'and Leader of the Opposition' after 'Prime Minister' is suggested.

Tho formula recommended at 77 should apply here also.
We were unable to agree on '■ recommendation but suggest the Bar Association be consulted bn this section.

The suggestion is that 'Belize Advisory Council' be deleted and the words 'Judicial and Legal Services Commission' be inserted.

After the word 'two' on line 4, wc suggest inclusion of the words 'persons qualified in the legal profession'.

We would like to see 'Leader of the Opposition' inserted after 'Minister' on line 4.

The next sentence would therefore be withdrawn.


After National Assembly, line 11, we suggest addition of 'and municipal bodies'.

Beginning at line 6 the words 'the head of Department of Government' should be deleted.
The opinion was strongly expressed that, politicization of posts in the public service, although such a practice would appear to be in line with constitutional practice in many of the now, third world states, also carries with it the corollary - nt least where the theory of alternative government is allowed, that political appointees enjoy the fortune of the particular administration by which they are favoured.
That is, they go rationale, having said this, for politicizing the office of Head of Department, whose incumbent, increasingly shoulc.

be o* technocrat, and encouraged to function as such.

89.

92.

97.

98.

- 5 - APPENDIX A-25 After 'Erime Minister', one member dissenting.
line 5, we suggest 'o.nd Leader of the Opposition', It should be expressly stated, particularly in view of the formulation at thdt the Constitution to band themselves into a organization for the in negotiations on matters relating to their Terms* employment and for improvement of the organization, istration of the Public Service.

Purpose of,making representations and participating and Conditions of efficiency and admin- One member asked that his dissent be recorded.
We feci the need to examine the provisions of Ordinance #JJ of 1965 with special reference to Article- 60 (2) before commenting further on this section.

Time did not permit.

We see the need, in this context, to carry forward and entrench the present arrangement under which the Public Accounts Committee, with bi-partisan participation, acts as watch-dog over public funds.

100.
100.

After 'Governor'.General', on line one, wc suggest addition of the following: the Speaker, Ambassadors, High Commissioners and other principal representa­ tives of Belize accredited to international organizations.

Going beyond the White Paper we see the need for additional provisions to accomplish the following: (a) Limit the period in office of the Prime Minister, after the coming into force of the constitution, to a maximum of two terms.
(b) Declaring that Belize, 'on independence, will seek full Commonwealth membership.

(c) Specifying the procedures, and the competent authority for declaring a state of war or hostilities, as well as for treaty-making.
It is important, because of the context in which these consultations are taking place, for the Chamber and any organizations with which it may join its efforts, to state in clear, categorica.l terms, its belief in and attachment to, the independence of Belize under arrangements which guarantee its defence, territorial integrity and continued existence as a separate, independent state.
C9 6 © THE CONSTITUTION OF BELIZE shall commence with a preamble which shall state that the people of Belize: (a) affirm that the Nation of Belize shall be founded upon principles which reflect the supremacy of God, faith in human rights and a commit­ ment to fundamental freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person and the equal and inalienable rights with which all members of the human family are endowed by their Creator; (b) actualize the principles of social justice and therefore require that the operation of the economic system will result in the material resources of the community being so distributed as to subserve the common good, that there should bo adquate means of livelihood for all, that labour shall not be exploited or forced by economic necessity or coercion of any kind to operate in human conditions but that there shall be opportunity for advancement on the basis of merit, ability and integrity; (c) declare that the will of the people.shall form the basis of government in a democratic society in which the Government is freely elected by universal adult suffrage and in which all persons may, to the extent of this token, be inspired to develop and maintain respect for lawfully constituted authority; o a - 6 - (d) recognise that men and institutions remain free only when freedom is founded founded upon respect for moral and spiritual values and the rule of law; (e) require, policies of state which protect and safeguard the unity, freedom, soverignty and territorial integrity of Belize; which elimina.te economic and social preference and disparity among citizens or residents of.
Belize whether by reason of race, colour, creed or sex; which protect the rights of the individual to life, liberty and the persUit of happiness; which preserve the right of the individual to ownership of private property as well as the right to operate private businesses; which prohibit exploita­ tion of man by man or by the state; which ensure a just system of social security and welfare; which promote international peace, security, coopera­ tion among nations, establishment of a just and equitable international economic and social order with respect for international law and treaty obligations and prescribes warmongering by propaganda or by .acts of hosti­ lity directed against other people or .states; (f) desire that their society shall reflect and enjoy the above mentioned principles, beliefs, needs and commitments and that their Constitution shall therefore enshrine and provide for the achievement of the sirae (sic) in Belize.
AE?j$JDIX £-26 Placencia Village Stann.

Creek District February 18, 19 81 ®“e Select Committee White Paper Proposed Terms of a Constitution ’ for an Independent Belize Dangriga Stann Creek District Dear Sirs, Please be advised that quite numb’er of villagers of Placencia have read the Government ’White Paper on the Proposed Terms of a Constitution for an Independent Belize and we state, in no uncertain terms that we support fully the terms suggested for our Belize Constitution.
However, we have observed that the symbols of independence, i.e.

the Belizfean Prayer, the Belizean National Anthem and the Belizean Flag have been over-looked or left out.

We therefore, request that these be included in our new Belize Constitution.

^hank you.

Sincerely yours, P. S. We have also observe that a 'Defence' for the country have been left out, we would also request that this be included.

Sgd.

MRSl DORIS :LESLIE, M.3.E.

J.P.

Sincerely yours, Sgd.


Sonia Leslie Charles Leslie, Vice Chairman Village Counsil Adele Garbutt Maud Faux Leopold Cabral Stelo Cabral APPENDIX A-27 TO: The Select Committee of the National Assembly The Village Council of Roaring Creek hereby give support to the Government White Paper for an Independent Belize.

We however would like to have included the Belizean Hag and Anthem.

2.

5.

4.

That the official language be English That the boundaries should be included.
That no foreigner be allowed to get involved in our politics and in other organize,tions such as Trade Wiions, Village Councils and other Statutory Organizations.

SGD.

(ELSTON GALVEZ) Chairman - Roaring Creek Village Council ANU-COMMUNIST SOCIETY P.O.
BOX 1155 BELIZE CITY, BELIZE APPENDIX A-28 March 2, 1?81 a The Clerk National Assembly BELMDPAN, BELIZE Dear Sirs PROPOSALS TO 'WHITE PAPHt' After lengthy discussions on the "White Paper1 for a proposed Constitution for an independent Belize, we are pleaded to enclose herewith details of recommendations we wish to be considered for inclusion in above-mentioned 'final document.
In the best interest of Belize, we request also that all recommenda­ tions submitted to the Select Committee, together with the final draft of e the Constitution be given nation-wide publicity.

Faithfully yours, For & On Behalf of ANTI-COMMJNIST SOCIETY •Sgd.

SANTIAGO.
SANTIAGO.

PERDOMO '• Chairman e o e> o - 1 APPENDIX A-28 FROM:- TO:- THE ANTI-COMMUNI ST SOCIETY, BELIZE CITY SELECT COMMITTEE - RE "WHITE PAPER" ON THE PROPOSED TERMS OF A CONSTITUTION FOR THE INDEPINDENT BELIZE are Ptoeased to detail below amendments and recommendations on above mentioned "White Paper".
PARAGRAPH 3(b) HUMAN RIGHTS Ajjp FJNDAMEN'E.IL FREEDOliS The proposals as enunciated under the Human Rights and Fundamental Freedoms Section of the WHITE PAPER, particularly at paragraph 3(h) make adequate provisions for the exercise of the objectives spelt out in Rule 2 of the Anti-Communist Society.
The Society recommends the inclusion in the constitution of a provision immediately after the word religion, in paragraph 4(h) 3rd line, to the effect that "no religion or doctrine political or religious shall be enforced by any law."
PARAGRAPH 4(n) PROTECTION EROM DEPRIVATION OF PROPERTY The Society recommends the deletion of Paragraph 4(n) on WHITE PAPER, and to substitute followings "No property or any interest therein shall bo compulsorily taken from any person except for a Public purpose declared by a Minister being a public purpose which is specifically set out in the law.-under which such law shall prescribe the principles and the manner in which compensation is to be determined, and shall secure to a claimant access to the Court to recover or establish such rights or interest in the property, to determine the amount of compensation and to enforce his rights thereto and to ensure that such compensation is adequate and is promptly paid."
(to) PROTECTION OF FREE ENTERPRICES This protection is dealt with in paragraph 4(e) of "the WHITE PAPER.

However, the Society feels strongly it could be rein­ forced by the inclusion of the words "Just and reasonable" immediately before the word "Laws" in the third line of said paragraph This provision would confer on the citizen a right to challenge any lav; on the basis that it is not just and reasonable.
Also the words 'or calling' should be inserted immediately after the word business in the line 2 of paragraph 4(l).

PARAGRAPH 4(f) Delete paragraph 4(1) and substitute the following two paragraphs numbered 4(f) (1) and 4(f) (2).

(1) No person shall be subject to any search nor shall any land or building be searched or entered except for reasonable cause allowed by Law, and upon the production of a search warrant.
(2) No one shall be subject to arrest or detention except for reasonable cause allowed by law and there shall be free­ dom from torture and all forms of oppression and inhuman punishment while under arrest or detention, and any person must be told at the time of arrest or detention upon what charge he is arrested or detained and be entitled to communicate with an Attorney immediately thereafter.

Habaes Corpus shall be available for the release of all persons detained.
/, 2 2 - APPEWIX A-28 PARAGRAPH 4(g) PARAGRAPH 14 In paragraph 4(g) the words "and to re-enter into Belize" at the end of the 5rd line on page 4, after the words "and to leave Belize."

Paragraph 14 in the WHITE P7PER should be deleted and replaced with the two new paragraphs numbered 14(a) and (b) to the following effect; 14(a) No person who is a Belizean Citizen by birth shall lose his citizenship.
14(b) Any person who acquires Belizean citizenship other than by birth shall forfeit such citizenship by any subsequent voluntary act (other than marriage) by which he acquires a citizenship other than Belizean.

PARAGRAPH 21 Lino 7 of paragraph 21 states "In the exorcise of his functions the Attorney General shall not be subject to the direction or control of any person or authority."
The Society deems it desirable that this provision be deleted and that it be substituted with the following new provision: "In the exercise of his functions the Attorney General shall be accountable to the Cabinet."
PARAGRAPH 41 and 42 THE LEGISLATURE It is the opinion of the Society that the provision as con­ tained in paragraph 41 of the '-/hite Paper should be deleted and replaced with the following new provision: "Thereafter the number of elected members of the House of Representatives shall be such as the National Assembly shall from time to time enact."

This would make paragraph 42 unnecessary and that therefore ought to be deleted also.
PARAGRAPH 45 In the second line word "appointed" to be substituted for word "elected".

PARAGRAPH 44 In the second line word "appointment" to be substituted for the word "election".

PARAGRAPH 50 THE SENATE PARAGRAPH 50 - 52 and 55 PARAGRAPH 58 This paragraph could be rephrased to read as follows: "There shall be eight elected members of the Senate, to be elected at the same time and in the same manner as the other members of the National Assembly."
In view of our recommendations under paragraph 50 above, paragraph 51?

52, and 55 should be deleted.

Sub-section (a) third lino, should read "The House of Representatives and the Senate of not less than two-thirds of the membership; and Sub-section (b) end of sixth line should read "in the House of Representatives and the Senate."
This paragraph could be greatly improved also by the addi­ tion of the following sub-paragraph (c); "After the Bill has been passed by the House of Representatives and the Senate, it must be approved by a referendum by not less than two-thirds of all the votes validly cast in that referendum."

a a e O PARAGRAPH 74 THE JUDICIARY - 3 - APPENDIX A-28 Paragraph 74 could be rephrased to read "There shall be a Supreme Court of Judicature for Belize ■ SimitedJUSUOe I"'!
3.C°“~t~°fWS2al^1^°ffightCoit shall have High unlimited original Jurisdiction • criminal proceedings under any law.

a Court of Appeal.

i to hear and determine any civil or All other reference to the Courts shall suggested amendment.

be made in light of this PARAGRAPH 75 After the words "Prime Minister" at the end of the 4th pine at the end of the 4th line, words "after consultation with the leader of the Opposition" ought to "be added.
the The office of Chief Justice is an important one and his accepta­ bility by both parties is most desirable.

PAR GRAPH 77 This provision should be deleted and replaced by the tried and proven condition that is: "A Judge of the High Court shall hold office during good behaviour."

PARAGRAPH 79 At the end of said paragraph, to add "Judicial and legal services commission".

PARAGRAPH 80 This shall be dealt with in the sama manner as recommended for Judges of the High Court in paragraph 77.
PARAGRAPH 85 DIRECTOR OP PUBLIC PROSECUTIONS Add the words "after consultation with Leader of the Opposition" immediately after the word Minister in line 4.

This is a very important cost conferring wide powers on the holder with equally wide immunities and should not be subject to any political influence.
PARAGRAPH 84 This paragraph should bo deleted and replaced with a provision to the following effects The removal of "The Director of Public Prosecution from office shall be by the Governor-General on the advice of the judicial and legal services commission."

PARAGRAPH 85 86 and 87 THE PUBLIC SERVICE COMMISSION Regarding paragraph 85, 86 and 87, it would be desirable that separate commissions be established, one to deal with legal matters and judicial appointments i.e.

"a legal services commission."


one to deal with Military and Police matters, i.e.

"The Amred forces and Police Service Commissions" and thirdly, a public officers commissions, i.e.

"the Public Service Commissions."

The appointees to these various commissions should be persons knowledgable in the matters to be dealt with by those commissions.
PARAGRAPH 90 PENSIONS The last sentence should be amended 'bo read "The discretion relating to pensions formally vested in the Governor shall vest in the Governor-General acting on the advice of the relevant commissions.

PARAGRAPH 98 THE AUDITOR GENER'IL Amend paragraph 93 by providing that the Auditor General may be removed by the Governor-General acting on the advice of the Public Services Commission.
The WHITE PAPER makes no reference to the Common Law of England and the Conventions of the Constitution.

4 □ - 4 - APPENDIX A-28 It is the recommendation of the .Society .that.

.the.

Common Law of ng an should' continue-to be' the Common Law of Belize and that the relevan Conventions of the U.K. Constitution be the conventions of the e ize Constitution.

Examples of some relevant Constitutional Conventions a to be found in the list hereto attached.
The Conventions of the Constitutions are fundamental to the operation of a Constitution ase on the Monarchial System of Government, under which the WHIi ■* based.
9 CL.-.SSIFICaTION and ILLUSTl',TTOi-I OP CONSTITUTIONAL CONVENTIONS - 5 - aPPENDIX A-28 CONVENTIONS REL- UNG TO THE EXERCISE OF THS ROYaL PROROGATIVE AND THE WORKING OF THE CABINET SYSTEM p -1 • sovere-'-8n could legally declare war or make peace; dissolve •-.r lament at any time, and need not summon another for three years; she could re uo0 er assent to measures passed by both Houses of Parliament; she could at any time dismiss her Ministers and appoint others, and so on.
The Queen must invite the most influential leader of the party or group commanding a majority of the House of Commons to form a Ministry.

The person so called on is the "Prime Minister".

The Queen must appoint as her other Ministers such persons as the Prime Minister advises her to appoint.

The body of Ministers so appointed become the "Government", .and an inner ring of them is called the "Cabinet".
The Queen is bound to exercise her legal powers in accordance with the advice tendered to her by the Cabinet through the Prime Minister.

She has the right to be kept informed and to express her views on the questions at issue, but not to override ministerial advice.

This advice is expected to be unanimous.

Ihe Queen must assent to every Bill passed by the Houses of Parliament, or passed by the House of Commons only in accordance with the Rirlian.

'ant Acts.
'ant Acts.

Parliament must be summoned to meet it least once each year.

The obser­ vance of this convention is secured by the practice (probably itself also a convention) of limiting to one year at a time the statutory authority covering the raising and spending of part of the revenue and the maintenance.

The government is entitled to continue in office only so long as it enjoys the confidence of a majority of the House of Commons.
The Prime Minister is bound to tender the resignation of himself and his colleagues, or to advise the Sovereign to dissolve Parliament, if his Government is defeated on the floor of the House on a major issue.

The Ministers are collectively responsible to Parliament for the general conduct of the affairs of the country.

This collective responsibility requires that on a major question Ministers should be of one mind and voice.
If any Minister does not agree with the policy of the majority in the Cabinet, he must resign or (if the matter is a minor one) at least keep quiet about it.

Ministers are also individually responsible to Parliament for the adminis­ tration of their departments.

A Minister must be prepared to answer questions in the House concerning matters for which he is administratively responsible, and if a vote of censure is passed against him ho must resign his office.
Ministers are expected ’to disembarrass themselves of any company direct­ orships or shareholdings that would be likely, or might appear, to conflict with their official duties.

A government should not advice the Crown to declare war, make peace or conclude a treaty unless there is amnle ground for supnosing that the major!

"ty of the Commons approve of the policy.


CONVENTIONS REGOLAUNC THE RELATIONS BETWEEN THE LORDS AND COMMONS, AND PROC-^DINCS In R.RLIaKENT Proposals involving- the expendit re of public money may only be intro­ duced on behalf of the Crown by a Minister in the House of Commons.

Standing Orders provide that a financial resolution shall only be proposed by a Minister on behalf of the Crown.
The business of the House of Commons is arranged informally "behind the Speaker's Chair" between the Prime Minister or Leader of the House and the Leader of the Opposition.

0 o to a <* o - 6 - APPENDIX A-28 The ma jori ty in Parliament must not stifle minorities.

It is a duty of the Speaker to protect minorities in debate, and so far as possible he calls on speakers from alternate parties.
The political parties are represented in parliamentary committees in proportion to the number of their adherents in the House.

We may say that there is a convention that the House of Parliament will not entertain, or pass, ?.

private Bill without providing for adequate notice to bo given to persons affected and allowing them an opportunity to state objections.
CONVENTIONS REGULATING THE RELATIONS BETWEEN THE UNITED KINGDOM AND OTHER MEMBERS OF THE COMMONWEALTH A number of conventions have grown up, or have been formulated, regula­ ting the relations between the United Kingdom and the independent members of the Commonwealth, providing methods of co-operation and communication among the members of the Commonwealth and concerning negotiations between them and foreign countries.
The Parliament of the United Kingdom nay not legislate for a former dependent territory that is now an independent member of the Commonwealth except at its request and with its consent.

The Queen in appointing the Governor-General of an independent Commonwealth country acts on advice of the Prime Minister of that country.

The Governor - General is the representative of the Queen, not of the British Government, and acts on the advice of the government of the Commonwealth country concerned.
The Governments of the United Kingdom and the independent members of the Commonwealth keep each other informed with regard to the negotiation of treaties and the conduct of foreign affairs and none of them can commit the others to active participation without their consent.

APPENDIX A-2?

FROM: THE TOLEDO NORTH CONSTITUENCY THE TOLEDO SOUTH CONSTITUENCY TO: THE JOINT SELECT COMMITTEE PUNTA GORDA TO’N BELIZE, CENTRAL AMERICA.
, HAVING studies Government's White Paper, the Proposed Terms of a Constitution for the INDEPENDENT BELIZE, and f) RECOGNIZING that the present and previous Government of Belize have been consistent in the preservation of the principles of basic human rights in a democratic society.

VIE BELIZEANS of Toledo North,- give bur unending support to this White .

Paper which promotes social justice and which secures the fundamental principles of freedom.
'.■IE therefore recommend that the three important symbols, 1.

2.

3.

The Belizean National flag The Belizean National Anthem The Belizean National Prayer be embodied as part of the White Paper, the Proposed Terms of a Constitution for the INDEPENDENT BELIZE.
, Sr. Yolanda Williams Juan Williams, Sr. Juan Williams, Jr. Lloyd Williams Dariel Garbutt Eloy Cuevas L. Gordon Kathlene Garbutt Eunice Gordon Victor Cuevas Vida Cuevas Lalircan R. Lagar Rupert Burgess Frazine Burgess Rosa Molina Harrison Logom Victoria CUevas Francene Burgess Ema Jane Gordon Alice Gordon Banjamin Cuevas Rozine Garbutt ELvera Logan Kezerine Gordon Josephine Flowers Arthur Flowers Violet Garbutt Monkey River Town !l It it n I!

it II n it n H It It u II 41 I!

If It.


II it li it it ii tt ft It If II It <1 11 41 II I!

It It tt 41 It It II II It It If 11 n ii it I!

ft It 11 ft ft If II tt If It n tt it ti u tt n tt tt it it it Flascido Cho ERuteria Castellanos Cayetano Cho Francisco Cho Inocente Cho Maximilia.no Clio Anselmo Cho Demetio Bol Dionisio Bol Sin Antonio Crique Jute II It II '• San Antonio Village 11 It tt II II tt It n n it 1!
It tt It II II Julio Bol Marciana Coc Leonarda Sho Francisca Pau Candida Bol Pedro Chiac Teresita Oh Remijio Cho Hi lari a Veue Victoriano Cho Victoria Bol Lucio Cho Apolinario Chun Virgilia Oh Andres Oh Ambrosia Bol Heronimo Villafranko Lockerescia Bulva Adriano Villafranko Sandra Villafranko Onelia Villafranko Lindford Savala Samuel Mortes Al fonso Vil lafr?.nko V. Palma San <t ti n n n it it tt ti it Antonio Village 11 11 n it ti it ft It M tl It If If 11 it n ii it ii ti it ti ti Crique Jute Village it I ti n fi i Mafredi II If Village ff It II II ft I!
ff If 11 n ii n it ii Manuel Coc Damacio Chun ELadio Pot Juan Coc Simeon Phiac Juan QAiac Martin Cuoul Ju?-n Iko Santos Coc Juan Cal M, Ranguy Pio Coc Inez Coc Demeterio Cowo Teodora Tzac Simeon Pau Anselmo Cho Louisa Boldo Cho Clara Bol Agueda Bol ELuterio Coc Gonzalo Choe Miguel Choc Sebastian Choc Ihustino Tish Jerome Coc Maoario Garcia Concepciona Assi Mariano Cal Thomas Salam II Diego Villanueva Euldana Chan Guillermo Choc Merchildo Coc Marcela Bol Margarita Cal Celestina Choc Juanita Choc San Antonio Village ff 1!
ft San Pedro Colombia u tt n San Antonio Village fl n fi Aguacate Village Laguna Laguna Aguacate Village Santa Cruz ■San Antonio Village it u fi ii it ft u ft ft If It It II 11 II tl n it it n it ti ii it it Pueblo Viejo ’illage If it ti it n it It ii it it II Santa Elena Village Pueblo Viejo Village n ti ti it ii n fi it it « it n u M II (1 II 11 ?i tt n ii it u tt 11 fl 11 II If it it ” ft tt 1» ft fi ti " fi it It ■in t» >i II ff 1!

11 JI ft *».
11 JI ft *».

n <i n- Viejo u San Anv>nio Village Mafredi Village Santa ^lena Village Agric.

Station Town Town Town Mafredi Village Santa Cruz Village Crique Lagasta S. a. Simeon Bui Eufemio Bui i'hxinrn Sho Telosforo Bol Alberto Coc Pablo Cal Felicia Villanueva Pueblo Ar senia Shal .ELena Cal Franc igea leal Nicolas Cowo Teresa Cal Martill leal Adriano leal Stanley Parham Mariana Salam Frnk Williams Fred Williams Sydney Jackson miles P.G.

Road Kent Parham 9 Forest Home Village .


Berber t Parham EL ridge Village Harry Ramclam Forest Home Village 0.

Williams Big Falls Village Gilbert Selgado Forest Home Village Maitland Ranrtuy Mafredi Village Phillip Jacobs Mafrcdi Village Virginia- Jacobs P.G.

Errol Jacobs P. G. Cyrill Avila P.G.

Adam A. Lino • P.G.
Hubert Mangar Cristina Vallafranco Manuel Requena Moses Parham Sevi Parham James Parham Consuelo Jacob Melonin Parham Roy Williams Fiorentina Chun Damiano Bol Mariano Bol Cresencia Salam Clotildo Bol Ehiilio Cho Julian Bol Tornas Tzoc C-enaro Coc Can di do Cho Rufino Bui Julia Bol Genaro Cab Margarito Chun Juan Chiac Gregorio Cho Arc onio Cho Phtricio Alcalha Enrique Pop Edilberto Assi Patricio Chiac Ulpiniano Teul Juan Slio Alberto Cho Jose Pop Marciano Pop Crique Jute Village San Antonio Village Crique Jute Village San Antonio Village Crique Jute Village San Antonio Village Crique Jute Village Cruque Jute Village San Antonio Village San Antonio Village ii n ii n ft u « ,-V u n a « It u it it ft n Il II II it ii ii ii n ■tt It 11 11 tt It fl It it II II ti 11 ii it ti 11 it ii ii tt ti ft t; 11 It ft It It It II it ti ii ii ii c o 1 « 9 o Append!
3’.

A-30 25th February, 1981 The Clerk Rational Assembly Belmopan Dear Sir, n kc; Uhite Paper on the proposed terras of a _ _ Constitution for the independent Belize After careful study of the proposed terms of a Constitution for the Independent Belize, I would like to comment on the following-- 1. protection iron forced labour (p, 4) Tills stated right may be misinterpreted as follows; Students who are assigned duties after school hours, may regard these as “forced, or compulsory labour”.
Unless schools are allowed a, degree of flexibility to take reasonable disciplinary measures, discipline in schools may be seriously undermined.

Likewise minors who, as part of their normal upbringing, are assigned home/yarc.

duties nay also seek the "protection" of -tills part of the Constitution.

From a strictly legal point of view parental discipline may be seriously curtailed.

o> 2. protection of freedom of expression ■ ■ ■ ■ 1 ■ I —— -III ■ ■ ■ I I ■ - — ^.—4."
— - M II I —» (p. 5) The proposed Constitution seems to bo stating in no equivocal terms that there will be regulation of "telephony, telegraphy, posts, wireless broadcasts or television".

The matter of “regulation" can be easily abused to the e?ctent where it may practically CONTROL these media of communication.

3.
3.

Cabinet (p. 9) If the C.abinet is "collectively responsible to the Rational Assembly" and by regulation ministers are required to support the policies of Cabinet, where Cabinet members have a majority over non-Cabinet members in the national Asrcrably, it would be difficult to demand "responsibility" from the Cabinet.

The number of Cabinet members should therefore be limited to a number where the majority would be non-Cabinet members.
Only then will the Cabinet be "responsible" to the Rational Assembly. '

4.

TheSenate (p. 16) As an appointed body I do not think the Senate can be an effective body which would scrutinise bills the way an elected body would.

If it would be possible to make office to this body elective where candidates campaign on non-partisan lines the effectiveness of the body would bo greatly enhanced.

/The preamble ,.. 2 The preamble of the proposed Constitution is good and very commendable.
As a transitional constitution iron colony to independence I thin!

: it is vise to be cautious, adopting those elements of the constitution which have been found to >ork well.

proposed Constitution is good and very Sincerely, SGd.

Angel S. Cal ’•I.istory Teacher bclmopan Comprehensive School Belmopan c 6 I •3 <?

< THE BAR ASSOCIATION OF BELIZE Appendix A-3I P.O.

Box 67'5 Belize City , Belize C.A.

2nd March 1981. r> The Clerk to the National Assembly, BELMOPAN.
Dear Sir, I am directed to forward herewith the collected views of the members of the Bar Association of Belize upon the Government’s White Paper of its proposed terms of a Constitution for an Independent Belize.

2.

I am to inform'you that the Association is ready to appear by representative before the Joint Select.

Committee (if thought necessary) whenever invited.

3.
3.

I am to inform you, further, that the limited time at disposal for consideration of the White Paper and submit views has been found to be far too short.

Yours faithfully, SGD.

G. Brown Secretary.

( THE BAR ASSOCIATION OF BELIZE MEMORANDUM of representations upon the Government's White Paper on its Proposed Terms of .a Constitution for the Independent Belize.

The White Paper came out on the very day the Associa­ tion held its first General Meeting for 1981, namely, Friday the 30th January, 1981.

2.
2.

The notice to members of that meeting (sent out on the 15th January) included on the agenda, "the participation of the Bar in the formulation of a Constitution for an Independent Belize", placed thereon because of the fact that mention of an Independence Constitution (the instrument) was at the time very much "in the wind".

3.

Accordingly, the matter arose for discussion on the night of the meeting but had to be postponed.
At the adjourned meeting on the 6th February, first discussion was on an informal basis, out of which arose the following three-point resolution passed without 'dissent: "BE.
IT RESOLVED that: (i) members discuss the White-Paper immediately, continued at early subsequent meetings; to be (ii) such immediate questions as might arise in the minds (iii) of .members, stemming from discussion of the White Paper, be submitted bo Government seeking answers the?eto with­ out delay; furthermore, inquiry be made of Government as to what is to be the framework of Government's plan for consulting the people; a prompt request be made to Government that a draft Constitution (as opposed to a White Paper only) be made available well in advance of the crucial date, for distribution to members of the public (thus to members of the Bar) in good time to enable thorough study".
c o •» o 5.

(iii) has been implemented.

As regards (ii) no such immediate questions arose and the appointment of the Joint Select Committee provicfei the answer to the inquiry as to the plan for consultation.

6.

As regards (i), a suggestion to go through the White Paper paragraph by paragraph was adopted, preceded, however, by general comment in the course of which individual members voiced their first reaction on particular items of deeper concern which struck home as they "quick read" the White Paper.
The range of discussion covered: (i) (ii) (iii) (iv) (v) (vi) the Governor-General; amendment of the Constitution; the Belize Advisory Council.

human rights and fundamental freedoms; citizenship (with particular reference to paragraph 12(b)); the Leader of the Opposition; <9 (2) (vii) (viii) The Attorney General and' the Director of Public Prosecutions.. the inadequate safeguards of the Judiciary.

, 7' Thereafter, meetings were held on February 10, 11, 17, 21, 22 and 23.
By then all matters which arose during the paragraph-by-paragraph review had been considered.

A small working-committee was appointed at the meeting of the 21st to prepare this submission and that committee met on the 25th.

Members met in final session yesterday morning (Sunday the 1st March) and accordingly, the White Paper with suggested amendments thereto is attached as Appendix A.

8. .
8. .

Meetings were reasonably well attended and every weekday following a meeting the minutes thereof were cyclostyled and a copy sent to each member of the Association.

9< .Modification (deletion altogether in some instances) is proposed to the preamble, paragraphs 3, 4, 5> ?> 9, 12, 13, 14, 18, 23, 33, 34, 41, 42, 48, 58, ?4, 75, 76, 77, 79, 80, 84 and 100.

Proposed as new paragraphs are 2A, the Proviso to paragraph 4, paragraphs 30A, ’33A, 33B, 330, 34A and 80A.

10.

Appendix A speaks for itself.


11.

Further reflections which came out of members' deliberations during the course of the several meetings were as follows.

(1) Territorial Limits.

In paragraph 1 of the White Paper, "Belize shall be declared a sovereign democratic state of Central America in the Caribbean Region comprising all the territory of Belize as it is now known and defined".
Tis does not appear to take account of any future extension to our territorial limits by sea according to any decision that might be taken hereafter as to the Law of the Sea and it is considered that consideration should be given to the adoption of the corresponding provision in the Guyana Constitution which commends itself and reads as follows: "1.

(1) (2) Guyana shall be a sovereign democratic State.

The territory of Guyana shall comprise all the areas that, immediately before .

.

.

.
.

.

.

Colony of British Guyana.together with such other areas as may be declared by Act of Parliament to form part of the territory of Guyana".

.

.were comprised in the former (2) Administrative decisions and orders.

It.

is proposed that the right of the citizen of access to the Court should not be denied or abridged and any law to the contrary should be.

null and ■ void.

(3) Immunity from Expulsion.

( Paragraph 4(g) of the White Paper).


- ’ It is not clear to whom reference is being mate in the phrase tl immunity against explusion (sic) from Belize".

(3) o o (b) Public Emergonc?/’.

(Paragraph 7(c) of the White Paper).

Decision was taken to suggest deletion altogether but it was noted that the Barbados Constitution has the same provision, stipulating, however, a vote of not less than two-thirds of all members of each House.

(5) Citizenship.

(Paragraph 12(b) of the White Paper ).


Although a compromise is suggested by increasing the period of residence from "five" to "seven" years, it we observed that none of the following Constitu­ tions, namely, Barbados, Jamaica, Guyana and Trinidad and Tobago, has anything faintly resembling this provision.

(•6) The Governor-General (Paragraph 16 and 17 of the White Paper).
(i) (ii) Two matters which ought, it is submitted, be provided for is the oaths to be taken and the custody and use of the Public Seal.

In regard to the exercise of the Governor- General's functions, it appears, that paragraphs 17 and 35 of the White Paper are very similar.

Perhaps one of the paragraphs (more likely 17) is redundant.

(7) The Executive.

(Paragraphs 18 of the White Paper).


No provision appears to have been made as to the executive authority as opposed to the principal instrument of policy (the Cabinet).

If Belize is to become an Independent nation within the Commonealth under the monarchical system, inevitably, there should be an express article vesting the executive authority in Her Majesty functioning through the Governor-General who is in this context, Her Majesty's representative and not the representative of the Belize Government.
The Cabinet as correctly proposed in paragraph 18, is, as mentioned principal instrument of policy.

(8) The Attorney General iparagraph 21) and the Director of Public Prosecutions (paragraph 83).

In discussion, members, expressed themselves to have understood paragraph 21 to bo doing no more than clarifying and entrenching the existing procedure whereby criminal proceedings are conducted in the name of the Crown.
Members did not understand the paragraph to be conferring upon the Attorney General the direction and control of criminal proceedings.

Furthermore, the last sentence in the paragraph regarding insulation from control of direction would only be appropriate, it is submitted, where the Attorney General is a career officer as prr w a politician.

Where the At+'"-”-< general is a nn +h~n iv only the Director of Public Prosecutions, it is submitted, who should be so protected.
o (6) For the sake of the avoidance of doubt, it be made clear that the Director of Public Prosecutions, albeit a dead of a Government Department !

and 84* governed only by paragraphs 83, 83A (7) (8) The transfer of Permanent Secretaries and deads of Government Departments be vested in 'the Governor General acting on the advice of the Prime Minister.

the words "run!

any other designated by the Commission" (which occur at the end of- paragraph 88) be left out altogether."

12.
12.

Then there are the conventional usages of Parliament in England (the so-called "constitution Conventions") in esixtence since 1688 or thereabouts which have for the 'lost part settled Constitutional pronciples in England (subject to the modifications rendered necessary by time and circumstances or by actual changes in existing executive or legislative institutions).
I»y virtue of the fact that our system of Government is largely (if not altogether) based on the English system, it follows, it .is submitted, that our Legislature and the Executive ought to he bound by these usages, not merely for the sake of adoption per se, but by dint of necessity if the system is to continue to function satisfactorily: Indeed, members observe that some of these corrections have been drafted into the White Paper, for example, paragraphs 18, 19, 20, 23, 24, 35, 64, 68, 69 and 100 (a).
The ideal, it is submitted, is5 to c-ntrench them all in the proposed Constitution and also to .meet the eventuality of change or of oversight or ommission, by the "blanket" provision at paragraph 2A.

A list of twenty of the most relevant appear as Appendix 3.

(These were taken from Sood-Phillips's "Constitutional and Administrative Law", 5th edition (1973), pages 85 to 91).

The first ten arc the ones which are covered by express provision in the White Paper.

The others have not been Mentioned.

13.


Members repeatedly, in the course of taeir meetings, expressed regret that the time allowed for the canvassing of opinions has been so lamentably short, In this connection members were mindful of the fact that it took fifty-five delegates from twelve of the thirteen United States of America some four months to hammer out the first text of the U.S. Constitution, ; a mere seven Articles.

Among the delegates were men with wide experience in Government and business.
Another vaunted example to which frequent reference was made is the instance of Trinidad and Tobago which moved from a monarchical to a republican form of Constitution but only after a Commission of Inquiry, set up in 1970 under the- Chairmanship of the late Sir Hugh Wooding and the vice-chairr.iansnip of the honourable or.

Telford Georges, (taking four years to make its report) had made a thorough and U) (9) The Legislature o o (Paragraphs 38 et see■ of the White Paper).
It is submitted that what should be established is the the Legislature, comprising Her Majesty and the National Assembly (or alternatively stated, Her Majesty, a House or (sic) Repicsentativos and.

a Senate)."
a Senate)."

There has never been the suggestion, as fir as members are aware, that, despite acknowledge anxiety to shake off the shackles of colonialism, it be the intention to oust the doctrine of the separation of powers however eroded it might have become with the passage of time and the modern complexity of Government.
In a monarchichal Constitution, the Queen as titular Head of the Commonwealth, must be, and is a necessary party to the legislative machinery; (10) The Public Service (Paisgraphs 85' to 89 the White Paper).

Members passed the following resolutions as regards the paragraphs mentioned and ask that they be considered for adoption as the basis for a complete revision of the White Paper proposals; ■ "RESOLVED that it be proposed that - (1) There be.
a Judicial and Legal Services Commission separate and apart from the Public Services Commission and that the complement be primarily (if not completely) persons qualified to practise law and who have a substantial number of years standing.

(2) There be'a separate Military Services Commission and that due consideration be given to having a sufficiently strong representation of military personnel thereon.
(3) The Judicial and Legal Services Commission be the body to advise on the appointments of Law Officers of the Government.and any other Officer who is required to be qualified in law or to perform judicial or legal services.
(^) The persons to be excluded from the authority of the Public Services Commission be: (i) ■ the Chief Professional Adviser to be a department of Government; (ii) the Commandant of the Belize 'Defence Force; (iii) the Commissioner of Police; (iv) Ambassador; (v) High Commissioner or other principal representatives of Belize accredited to international organisation.
any (5) For the sake of clarity, the Secretary of the Cabinet, Permanent Secittaries and Heads of Govern­ ment Departments be included in the list of officers within the authority of the Public Service Commission.

o a 6 and perceptive study of the Constitutional problems of that Caribbean I stand* i 14.

As regards our own Government's -hite Paper there are still areas of concern which need to be given further study.

.
.

'Such are, for example, the human rights and fundamental freedoms; the exceptions which tends to erode those rights and freedoms so drastically; the electoral law (and the Boundaries and Elections Commission); the immunity of Judges from control; the proportion of Cabinet Ministers to the number of elected members in the .louse of Representatives; .
the effectiveness or otherwise of the Senate; the perpetuation of the system of Appeals to the Privy Council in England; the composition of the Belize Advisory Council; the right of the citizen of access to access the court.

15.
15.

As regards the human rights and fundamental freedoms, one of the first recommendations of the .ooding Commission on the Trinidad Constitution is the adoption of the pattern of the European Convention on Human eights, suggesting also that special jrovisions should be included to have effect during periods of public emergency.

16.
16.

Finally, the Association wishes at the end of this submission to refer again to its written request nade to Government earlier that a draft Constitution (as opposed to a Unite Paper only) be nade available well in advance of the Crucial date, for distribution to the public in good time to enable thorough study and the receipt by Government of as many reasoned viewpoints as possible.

2nd I-iarch, 1981 G.E.

BROUN Secretary 1’he Bar Association of Belize.


The Bar Association Amendments to the White Paper "APPENDIX A" •1.

In.

the Preamble - (a) comma Add the words and comma "including the right of every person to be gainfully employed," in the third line.

after the word "freedom" 2.

3.

Add new Section 2A after Section 2 as follows 2A.


The fundamental rules of the common law including the rules of natural justice and the Constitutional Conventions of the Parliament of the United Kingdom'shall be recognised. "

and" Delete the word and semi-colon in the Add a comma after the word Section 3(a) - (a) second line; (b) of the first line; (c) the number of jurors in capital cases shall be twelve and the principle of unanimity preserved;" after the word "law" at the end of the second line.
Add the words "trial by jury, in regard to which at the end "person" 4.

Section 4(b) Add the words "and for the purpose of securing this liberty the executive shall not be allowed more power than is absolutely necessary and must always be subject to the law."

after the word "liberty" at the end of the.

paragraph.

5.
paragraph.

5.

Section 4(c) II Add the following between the words "law" and "Every" in the third and fourth lines - "The State shall be responsible for seeing that all supplies and services necessary for individual well-being are available to all persons.

There shall be remedies as of right to all persons against the State.
All tribunals (including courts of justice) shall be independent of the executive and for this purpose shall be comprised of persons who can approach the matter before them from a standpoint of independence and all appeals on a point (2) of law from a tribunal other than a court of justice shall lie to the Supreme Court of Judicature or a Body.

The members of which have an independence and security equal to a Judge of the Supreme Court of Judicature."

6.
6.

Add new paragraph (f) as follows (f) Protection against aribtrarv arrest, search or entry.

No one shall be subjected to arbitrary arrest or detention nor to any search nor shall any land or building be searched or entered except for reasonable cause allowed by law and in accordance with the law.
This does not include a law made in the interest of defence, public safety, order, morality or health, nor for the purposes of law enforcement; nor for the evaluation of property taxes on rates; nor by • „ a public authority to carry out works for the public good; nor for the purposes of town or country planning or the utilisation of mineral resources.
There shall be freedom from torture and all forms of oppression while under arrest or detention, and every person must be told at the time of arrest or detention upon what charge he or she has been arrested or detained unless the reason for his arrest or detention is obvious.

Habeas corpus shall be available for the release of all persons detained.
Paragraph (h) - Add the following between the words "religion" and "This" in the third line - "No religion or doctrine, political or religious, shall be enforced by any law."

Paragraph (i) - (a)Delete the word "medium" in the fourth line and substitute therefor the word "media".

(b)Add the words "the administration or technical operation of" between the words "regulating" and "telephony" in the eighth and ninth lines.

e a <0 v O (3) 9.
e a <0 v O (3) 9.

Paragraph (k) - Add the words II written order of a any telephone tapping without specific Judge of the High Court nor to II between the words "to" and "unlawful" in the third and fourth lines.

10.

Add new paragraph (n) as follows: (n) Protection from deprivation of property.

.
No property or any interest therein shall be compulsorily taken from any person except for a public purpose declared by a minister being a public purpose which is specifically set out in the law under which such property or interest therein is being compulsorily taken and such law shall prescribe the principles and the manner in which compensation is to be determined, and shall secure to a claimant access to the Court to recover or establish his right or interest in the property, to determine the amount of compensation and to enforce his right thereto and to ensure that such compensation is promptly paid: • PROVIDED that where in this article any exception is made by any law, such law shall be just and reasonable in the circumstances.
11.
Section 5 - (a) (b) (c) (d) Delete the word "citizen" in the first line and substitute therefor the word "person"; Delete the words "of Judicature" in the second line; Delete the word "Supreme" in the second and sixth lines and substitute therefor the word "High"; Add the following after the word "Council" in the last line:- The Legislature may make provision with respect to the practice and procedure of any court for the purposes of this article and confer upon that court such powers in addition to those conferred by this article as may appear to be necessary for the purpose of enabling the Supreme Court more effectively to exercise the jurisdiction conferred upon it.by this article.
(4) 12.

Section 7 Delete paragraph (c).

13.

14.

Delete Section 9.

Section 12(b) Delete the word "seven" in the second line.

"five" and substitute therefor the word 15.

Section 13 Add the words "children born to illegal aliens or between the words "or" and "enemy" in the third line.

II 16.

Section 14 Add the word "voluntary" .

.

"subsequent" between the words "any"and in the third line.

17.
17.

Section 18 Add the following after the word in the last line "Not more than one-half less two of the total membership of the House of Representatives shall belong to the Cabinet at any one time."

"Governor-General" 18.

Section 23 ii The Speaker shall summon a meeting of the House Add the following after the word "warrants" line of Representatives within twelve days after notice of a motion of "no confidence" in the Prime Minister has been received by the Clerk of the National Assembly.
11 no confidence" in the last 19.

Add new Section 30A as follows 30A.

The Governor-General, by the Leader of the Opposition shall appoint a person who is a member of the National Assembly if so advised to be Deputy Leader of the Opposition who shall act as Leader of the Opposition during any prolonged illness or absence from the country of the Leader of the Opposition."

20.

Add new Sections 33, 33A, 33B, 33C as follows:- "The Council of State 33.
There shall be in and for Belize a Council of State which shall be comprised of three categories, namely: (a) five persons to be appointed by the Governor-General 0 o <3 o <» e (5) from among persons any of whom since the advent of self-government has held and vacated the office of Premier, Deputy Premier, Prime Minister, Deputy Prime Minister, 'Minister, Leader of the Opposition, Deputy Leader of the Opposition, Speaker of the House of Representatives and President of the Senate and three such persons shall be appointed upon the advice of the Prime Minister and the other two upon the advice of the Leader of the Opposition; five persons to be appointed by the Governor-General from among persons any of whom is a Belizean citizen and has formerly’held the office of Chief Justice, Judge of the High Court, Judge of the Court .of Appeal, Registrar General or who is an attorney-dt-law with the status of Senior Counsel and three such persons shall be appointed upon the advice of the Prime Minister and the other two upon the advice of the Leader of the Opposition; (b) (c) ten persons to be appointed by the Governor-General, six upon the advice of the Prime Minister and the other four upon the advice of the Leader of the Opposition.
The Governor-General shall be Chairman of the Council 33A.

and nine members comprising three members.

from each category shall constitute a quorum for a General Meeting.

33B.

The members in category (c) of Article 33 shall vacate office whenever the National Assembly convenes for the first time following a general election.

Vacancies from time to time shall be filled by 33C.

appointment by the Governor-General on the advice of the Prime Minister or the Leader of the Opposition as appropriate."
Section 34 - Delete all- the words af ter the word II Council" in the fourth line?

Add new Section 34A as follows:- 21.

22.

The Governor-General shall appoint a "34A.

Committee of five members from the Council one at least to be drawn from each category, to advise him on the exercise of the Royal Prerogative of Mercy.

The Governor-General shall be the Chairman of the Committee.

(6) The Council's other functions and duties shall be those conferred or imposed upon it under this constitution or any law."
23.

Add new Section 41 as follows:- "41.

Thereafter the number of elected members of the House of Representatives shall consist of 29 members or such greater number as the National Assembly shall from time to, time enact.

II 24.

Delete Section 42.

25.

Section 43 Delete all the words after the word "older" in the third line.

26.

Section 43 Delete the words "shall be more than thirty years old and after the word "Speaker" in the first line.

27.
27.

Section 58 (a) (b) (c) Delete the word "and" in paragraph (a); Delete the fullstop at the end of paragraph (b) and substitute therefor a semicolon and the word "and"; Add the following paragraph (c) after paragraph (b):- "(c) after the Bill shall have been passed by the House of Assembly, the Bill has been approved on a referendum, held in accordance with such provision as may be made in that behalf by the Legislature, by not less than two-thirds of all the votes validly cast on that referendum.
II 28.

Add new Section 74 as follows There shall be a Supreme Court of Judicature for "74.

Belize which shall consist of a High Court and a'Court ■ of Appeal.

The High Court shall have unlimited original jurisdiction to hear and determine any civil .

or criminal proceedings under any law."

29.
Section 75 - (a) Delete the word "Supreme" in the first line and substitute therefor the word "High"; —owvemur-oenerar co a TriDunaL 0 o a (7) (b) (c) (d) (e) (f) Delete the words "of Judicature" in the first line; Delete the word "Puisne" in the second line; Add the words "after consultation with the Leader of the Opposition" after the word "Minister" in the fourth line; Delete the word "Supreme" in the fifth line and substitute therefor the word "High"; Delete the words "of Judicature" in the fifth line.
"Supreme" II 30.
Section 76 (a) (b) (c) (d) (e) (f) (g) "Supreme" Delete the word "Supreme" in the first line and substitute therefor the word "High"; Delete the words "of Judicature" in the first line; Delete the word "Puisne" in the fifth line; Delete the words "and with the concurrence of the Prime Minister" Delete the word tenth lines; Delete the word "Supreme" substitute therefor the word Delete the words "of Judicature" in the eleventh line; in the seventh line; "Puisne" in the eighth, ninth and in the eleventh line and High"; 31.
Add new Section 77 as follows "77.

A Judge of the High Court shall hold office during good behaviour.

Such Judge 1s removal shall by by impeachment by the House of Representatives after the matter shall have been referred by the Governor-General to a Tribunal consisting of one person as Chairman who holds or has held high judicial office and two other members."

32.

Section 79 Delete the words "Prime Minister" at the end.
of the Section and substitute therefor the words "Judicial and II Legal Commission".

33.

Add new Sections 80 and SOA as follows "80.

A Judge of the Court of Appeal shall hold office during good behaviour.

Such Judge's removal shall be by impeachment by the House of Representatives after the matter shall have been referred by the Governor-General to a Tribunal (8) consisting of one person as Chairman who holds or has held high judicial office and two other members."

"80A.
"80A.

A person shall not be qualified to be appointed to hold or act in the office of a Judge unless- (a) (b) he is or has been a Judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such Court; or he is qualified for admission as an attorney- at-law in Belize and has been so qualified for such period as may be enacted by the National Assembly.
The National Assembly may provide for different periods in relation to the offices of the different Judges mentioned in paragraphs 75, 76 and 78."

34.

Add new Section 83A as follows "83A.

In the exercise of his functions the Director of Public Prosecutions shall not be subject to the direction or control of any person or.authority."

35.

Section 84 Delete the words .

"Belize Advisory Council" at the end thereof and substitute therefor the words "Judicial and Legal Services Commission".

36.
36.

Section 98 Delete the words "Belize Advisory Council" appearing at the end thereof and substitute therefor the words "Public Services Commission".

37.
Section 100 (a) (b) (c) "shall each" Add the words in the fifth line; Delete the word "themselves" substitute therefor the word after the semi-colon in the fifth line and "himself"; Delete the word "themselves" and substitute therefor the word in paragraph (a) "himself"; o o <f o o (9) (d) (e) (f) (g) (h) (i) (j) (k) (1) Delete the word "they" in the first line of paragraph they" (a) and substitute therefor the word "he"; in the second line of paragraph Delete the word "have" (a) and substitute therefor the word "has"; II and and "his"; "their" Delete the word "their" in paragraph (b) substitute therefor the word Delete the word "their" in paragraph (c) substitute therefor the word "his"; Delete the word "their" in paragraph (d) substitute therefor the word "his"; Delete the word "their" in paragraph (e) substitute therefor the word "his"; Delete the word "or" at the end of paragraph (e); Delete the fullstop at the end of paragraph (f) and substitute therefor a semi-colon and the word Add paragraph (g) as follows:- and and II or" ; II (g) to identify his own interest or the interest of any Political Party of which he is a member with the primary interest of the State."
APPENDIX B constitutional conventions The body of Ministers so ; inner ring of them is called the "Cabinet".

"T-.l-—".

18) appointed become the "government"and an- (White Paper paragraph The Ministers are collectively responsible general conduct of the affairs of the country, responsibility requires that on a i one mine} and voice.

If ... • the majority in the Cabinet, he muse minor one) at least keep quiet about ; it.
major question Ministers ghould be of If any Minister does not agree with the policy of he must resign or (if the matter is a to Parliament for the This collective (See White Paper paragraph 18) The Queen must invite the most influential leader of' the party or group commanding a majority of the House of Commons to form a Ministry.
The person so called on is the "Primo minister", (White Paper paragraph 19) The Queen must appoint as her other Ministers such persons as the Prime Minister advices her to appoint, (White Paper paragraph 20) The government is entitled to continue in office only so long as it enjoys the confidence of a majority of the House of Commons.
The Prime Minister is bound to tender the resignation of himself and his col - leagues, or to advise the Sovereign to dissolve Parliament, if his government is defeated on the floor of the House on a-major issue.

(White Paper paragraphs 23 and 24) The.

Queen is bound to exercise her legal pov/ers in accordance with the advice .tendered to her by the Cabinet through the Prime Minister.
She has the right to be kept informed and to express her views on the epaestions at iss' e, but not to override ministerial advice.

This advice is expected to be unanimous.

She has the right to be kept informed (White Paper paragraph 35) Proposals involving the expenditure of public money may only be introduced on behalf of the Crown by a Minister in the House of Commons, only be proposed be a Minister on behalf of the Crown.
Standing-Orders provide that a financial resolution shall The Queen,must assent to every Bill passed by the Houses of Parliament, or passed by the House of Commons only in accordance with the Parliament Acts.

(White Paper paragraph 68) (White Paper paragraph 64) Parliament must be summoned to meet at least once each year.
(White Paper paragraph 69) NOTE; The observance of this convention is secured by the practice (probably itself also a convention) of limiting to one year at a time the statutory authority covering the raising and spend­ ing of part of tho revenue and the maintenance..

Ministers are expected to disembarrass themselves of any company directorship or shareholdings that would be likely, or might appear, to conflict with their official duties.
(White Paper paragraph 100(a)) Ministers are individually responsible to Parliament for the /administration 1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

2 administration of their departments.

A Minister must bo prepared to answer questions in the House concerning matters for which he is administratively responsible, and if a vote of censure is passed against him he must resign his office.
A government .should not advise the Crown to declare war, make peace or conclude a treaty unless there is ample ground for supposing that the majority of the Commons that the majority of the Commons approve of the policy.

war, The business of the- House of Commons is .

arranged informally "behind ..... ' ; the Speaker's Chair" between the Prime Minister or Loaderoftho House and the Leader of the Opposition/ The majority in Parliament must not stifle minorities.
It is a duty of the Speaker to protect minorities in debate, and so far as possible he calls on speakers frem alternate parties.

The political parties are represented in parliamentary committees in proportion to the number of their adherents in the House.

The House will not entertain, or pass, a private Bill without providing for adequate notice to bo given to persons affected and allowing them an opportunity to state objections.
The Parliament of the United Kingdom may not legislate for former dependent territory that is now an independent member of a the Commonwealth except at its request and with its consent.

The Queen in appointing the Governor-General of an independent Commonwealth country acts on the advice of the Prime Minister of that country.

The Governor-General is the representative of the Queen, not of the British Government, and acts on the advice of the government of the Commonwealth country concerned.
The governments of the United Kingdom and the independent , members of the Commonwealth keep each other informed with regard to the negotiation of the treaties and the conduct of foreign affairs, and rone of them can commit the others to active participation without their consent.

a o <3 9 O 12.

13.

14» 15.

16.

17.

18.

19.

20.

■ APPENDIX A-32 Mr. Leonard Lamb Commerce Bight Stann Creek Dist.

25th Neb.

1981.

The Clerk of the National Assembly Belmopan.


Dear Sir, It gives me great pleasure in writing you on myself (sic) family our opinion of the White Paper.

I got none but of what I heard, we think it would be good for our country to go forward for Independence.

So vie support the White Paper for Independence like wise I would like to say their should be little more strickness in crimes and more protection for we the people, when we got to go out of our home.
I hope our country will be free of all claims, and much more secure.d we can feel at home, As we all know we got to work harder to builds ourself and country, I hope we also will enjoy prosperity of what we will be doing, as our country moves on.

Thanks to our government of freeing us May God bless guide him and his followers in all undertakings.

We are strong P.U.P.

and we the White Paper (sic).

Sincerely yours, SGD.


Leonard Lamb Appendix A-33 Emory King insurance - Real Estate 9 Regent Street Belize City Ath -iarch, 1981 Clerk National Assembly Belmopan Dear Sir; ilease bo so kind to append the enclosed article on the Constitution to my submissions on the ’.Tiite raper.

You will recall 1 promised to do this in my submission.

Yours faithfully, Sgd.

Emory King.

o S> !


at I I THE RUL;, or LA1: Thoughts on a New Constitution by Emory Xing Although it is widely assumed that Belize's new constitution will differ little from the Westminster i-arlianontary model the case can be made for other forms of government, In the following essay Emory Ting argues that the best constitution for Belize would embody a republican form of government patterned after the United States of America.
He pride ourselves on a Rule of Law in Belize instead of a Rule of Hen - and we want to keep it that way.

Independence is coming in 198I and with Independence a new constitution - and, we all hope, the last constitution Belize will ever have.

The constitution of ai independent country is the highest law of the land.

■Io ordinance, law, regulation, or proclamation can be contrary to or in opposition to the constitution.
Since th’, constitution is the supreme law then it follows that the law is more important than th:- people who administer the law or the political parties to which they belong, The Government machinery sot up by a constitution, therefore, must, at least tacitly, recognize that some men are greedy for power and some men are greedy for wealth at the expense of the government, the country', or the people .
The machinery must be so geared that honest men and patriots can peacefully use the constitution to rid the government of dangerous men.

Belize is to become a new nation in the world and it is imperative that we begin on the firn foundation of a proper constitution.

To start with, our constitution must bo approved by the people of Belize, Unless the people agree to its principles whole­ heartedly it id.ll be a useless and perhaps even dangerous document.
To this end the views of the people must be sought - oven if many of those views are irrelevant or frivolous.

He cannot rush in unseemly haste to London for a Constitutional Conference without the support of the people of Belize for the constitution.

Our leaders should see themselves as 20th Century Thomas Jeffersons, Benjamin Franklins, and George Washingtons, men who arc presiding over the birth of a nation.
What they do and what we do now will set in notion a train of events for the next 100 years or more.

Before a constitution can be written certain decisions will have to be made.

For instance, shall we continue with parliamentary democracy or shall we adopt a republican form of government?

Should there be a two house Legislature or only one house?

And if a two house Legislature, should the Senate be elected or appointed.
The choice between parliamentary government or a republic will be a difficult one to make.

Both have many advantages and both have worked well for ZOO years or more.

1k> system .... o o o to a 2 o system is any better than the people who operate it, but if a propel constitution is working, any crooked or subversive operators can o. removed easily.

(Remember 'ixon and Uatergate.

This is a prime example of the U.S. Constitution at work).
On balance I would favour a republic form of government ccauso I prefer the separation of powers and the chocks and balances which can be bu3.lt into a republican constitution.

Hie concentration of power in a few hand," in always dangerous to the liberty and freedom of tic- majority of people.

Consequently, the (great power given by the people to the government must be held in check to protect the people from would-be dictators or tyrants.
In a. republican form of constitution, such ns the United States enjoys, the three branches, Legislative, Judicial a.nd Executive, arc separated .and their power and authority balanced against each other.

For instance, the; President cannot do certain things without the consent of the Congress.

The Congress may pass a law but the President may veto it.

Bic Congress can pass the same law again but there must bo two thirds of the members in favour in order to pass over the veto.
The Supronc Court can declare a law or an act of the President unconstitutional if a citizen brings a case to the court.

The Congress makes the laws.

The President administers the laws and'the Supreme Court rules on the validity of the laws.

These powers arc jealously guarded by the members of the three branches and the system of checks and balances works to protect the individual's rights.
If Belize accepts the republican form of constitution a President and Vico President would bo elected in a nationwide election.

The members of the Legislature would be sleeted from their constituencies, a system we arc familiar tri th.

The members of the Supreme Court or the Court of Constitutional Review would be appointed for life by the President and those appointments would have to be confirmed by the Legislature.
Members of the President’s Cabinet would also have to be confirmed by the Legislature as would be Ambassadors to foreign countries.

The most important part of the Belize Constitution must be the so-called Bill of Rights-.

These arc the.

sections that guarantee the individual citizen that the rich and powerful government he has helped to create does not become his mjstor instead of his servant.

The Bill of Rights in the U.S.A, has an interesting history.
The founding fathers spent months drafting the Constitution for the United States in 1?8?.

After long and tedious work to create a system of checks and balances and the separation of powers they then submitted the proposed constitution to the people of the 13 states, for a vote.

And the people turned it down flat.

/in every .... '5 In every state the cry was the guaranteed in the Constitution."

same• "'.
same• "'.

!c want our Rights ■ otic i.icv sat down again and, wrote the first ton amendments to the Constitution.

These ten amendments became known as the Bill of Rights.

In no-nonsense language the citizens' rights were guaranteed like tills.
The congress shall pass no law abridging freedom of speech, the press, peaceful assembly, religion, the right to keep and bear arms, etc, etc., etc., .... And then the citizens voted for the Constitution and the Bill of Rights and it became the Supreme Lav of the land on 15th December, 1791.

Dictators don't like this kind of law.

Dictators like to Only in a democracy make up their own laws to suit themselves, like Belize can.
we have such individual freedom, constitutional guarantee of our The freedoms provided by the Bill of Rights are taken for granted in Belize because we have enjoyed the British system for such a long time.

To politician in Belize today would dream of trying to curtail freedom of the press, or free speech or religion or any of the citizens' rights.

governments from attempting to deny these rights to the people.
But the new constitution must prohibit all future Dictators, whether they are on the political Right or ths Left, have one thing in common.

They don't want to be critized.

Freedom of speech and of the press enrages them and they find ways to destroy both freedoms.
They know that the primary function of a free press in a free society is to embarrass the government of the day at every opportunity, Because a government that stands in danger of being embarrassed every day must take special care not to make stupid and costly mistakes or get caught stealing the public money or plotting to subvert their opponents - or the Constitution.
In a democracy the government is crca.tcd by the people to be their servant and aid them in their right to life, liberty and the pursuit of happiness.

In a dictatorship the people arc deemed to be created for the use of the government, to do what they are told and to keep quiet about their fears or objections.

Io Constitution in the world can, by itself, protect the fiture of a nation.

That task requires the help of dedicated and honest people.
Whatever model of government is chosen for Belize - parliamentary, republican or some combination of both - the Constitution «ill only be as effective as the spirit with which it is administered..

Without competent leadership our constitution will only be a scrap of paper; with it the constitution can become a living document, one which can servo us well for many years to come <3 .
O O o Appendix A--34 I love Belize 'ow and forever I soport iiy Gorvenent with this constitution for the we independent of Belize with the help of almighty God ’ '•'ill acheve our gold to independent.

i'UP all the way Irobers 8x1 toll us Wisdom ’lath Builded her house Tlie fair of the Lord is the beginning of wisdom Victory in Jesus John Stophenson From Rural Stann Creek Valley 16 3A1' miles c Q <a © I i i o a APPENDIX A-35 Orange Walk Town Feb. 23rd 1981.

Commissioners of White Paper.

Sirs, Town Hall 0.


Walk I wish to.make some amendments of White Paper on proposed constitution of independance (sic) as follows.

(1) (2) (3) (4) First referendum before independance (sic), Human rights to be exercised better and not to be disregarded as how it is actually done.

The case of foreigners in fairness to we Belizeans it is unfair to us if we allowed them to be national Belizeans particularly if there gansters or(sic) criminals.
Anglo Guatemal cuestion (sic) to be settle before independance.

No dictator and communism in our contry (sic) Belize.

(5) e(6) General election before indeperflance.

So I closed hoping as a true born Belizean that this amendments be respected as Democrasy (sic) stands now and forever as the desire of many of us Belizeans.

Respectfully yours, SGD.


Holasco Severiano Luna Appendix A- Jo I love Belize now and forever, I soport -y Gorvenent with this constitution for the we independent of Belize with the help of almighty God ' will achcvc our gold to independent PUP all the way Proverbs G x 1 tell us t.’isdom Hath Builded her house the fair of the Lord is the beginning of wisdom Victory in Jesus ■ !rs.
Bell Stephenson From Hural Stann Creek Valley 16 3/^1- miles Appendix A- 37 1st March, I98I ' cotland Half loon jclize District Dear ;,ir, In connection with your letter on 3 February on the propose Constitution, a meeting was held and a majority was agreed on the propose Constitution.

The Scotland Half iioon Village Council and members are prepare to give full support for anything that bring early and safe Independence for us all looking forward for it, Thanks.

I remain, Sgd.
I remain, Sgd.

Chairman Scotland Half Moon Village Council APPENDIX A-38 THE BELIZE Clft.JER OF CO MERGE FOR CQi'.ERCE, INDUSTRY, AGRICULTURE and tiis TR\DES Telephones 3148 43 ilandyside St. P. 0.

Bo:; 291 Belize City BELIZE / March 5th, 1081 Mr. A.F.
Monsanto Clerk to the National Assembly Belmopan Belize Dear Sir, In a meeting held on Wednesday, march 4th, 1981, where the Chamber of Commerce hosted a number of religious, social and , voluntary organizations in discussing the Government's White Paper, the consensus of opinions expressed was that the Chamber should, • on behalf of those present, v/rite to the Government’s Joint Select Committee and request six (6) months additional time for studying the document!
The organizations present at this meeting were; The Belize at tins meeting weres ” Save Belize Movement, Taxi-Drivers Union, Holy Redeemer Democratic Independent Union, Belize Committee for Women Cultural Arts Company, Public Service Union, National Youth Council, Parish, and Development, Ligeremi Garifuna Group, Salvation Army, The Guild of Graduates and tho Chamber of Commerce.
Respectfully, SGD: NURI MUiMliAD Executive Secretary "A BETTER flCU.UIJITY THROUGH BETTER BUSINESS" Isabel Flores 78 saevai St. Dangriga C.A.

APPENDIX <1-39 iiarch 4 1981 This is from Isabel Floros Dance Group in dangriga to show that this Group is in the favor of the .Jhito Paper with, full force wo ar for Belize (Sic) Knsv.T Please your Trualy SGD; Isabel Floros Ccmmisioners of Jhito Paper.

Sirs.
Sirs.

Town Hall O.’Jalk /.PPEJDIX A-40 •Orange Ualk Town Feb 23rd 1981 I wish to make sane amondnents of White Paper on proposed constition of indepondancc.

as follows (sic) K 1) 2) 3) 4) 5) 6) First Referendum before independence, (sic) Human Rights to be exorcised Better and not to disregard it as how it is actually done.

The case of foreir.gners in fairness to wo belizcans it is unf: ir to us to allowed them to bo national Belizeans particularly if there gansters or criminals.
(sic) Anglo Guatcmal cuestion to be settle before independence, (sic) No dictator and communism in our contry Belize, (sic) General olcctio before independence so I remain hoping as true ‘ Born Belizean that this amendments be respected as Democracy stands now and forever as the di sire of many of us Belizeans* Respectfully yours.
SGD; Eustacia Jirnonez, APPENDIX A-41 Joint Select Committee National Assembly Belmopan - Gehtlemeru I forward suggestions which I consider should be included in the Constitution for the Independent Belize.

1.

HUMAN RIGHTS AND FUNDAMENTAL FREEDQMS 'A.

Protection of Freedom of conscience Everyone shall have the right to freedom of‘thought, conscience and religion.
This includes freedom of religion, the right to practice-the same, to establish places of worship, religious education upon personal desire, as well as, the right to refuse religious education.

The state and the school may not in any inculcate religiousness via the church.

It is the right of” every Belizean to conduct atheistic propaganda.

B.
B.

Protection of freedom of assembly and associa- tion 'f Every Belizean shall have the right to freely join any association such as tradeunions for the protection of his interests.

Every Belizean will have the right to form any association or political party.

Terrorism and black­ mail is strictly prohibited.

C. (The protection of freedom of expression should read;) Every Belizean shall have the right to freedom of expression.
This includes the right to communicate radical idea, freedom of the press to do the same.

Anyone censoring such right will be guilty of violating the constitution of Belize.

2.

PUBLIC EMERGENCIES will exist when: (a) (b) (c) Belize is engaged in any war when any natural disaster strikes Belize such as hurricanesearthquakes or volcanoes if Belize is gripped by famine or an epidemia 3- SUBVERSION Subversion will be understood asi.

S’.

b.
S’.

b.

Any attempt to sell out any square centimetre of Belizean teniory by subversion of our democratic institutions we will understand crooked dealings by government ministers with both domestic and foreign monopolies, and transnational corporations 2/A-.

THE ARMY (2) THE ARMY 1.

2.

3- 4.


The Belizean army will defend' and protect the citizens of our country o No weapons bought by the Belizean government will be used against our people The army will never.hold any government* position The army will never install itself in power by means of a coup.d’etat, or.otherwise GOVERNMENT MINISTERS 1» 2.

■3-.

4.

No government minister will use his ministerial position for personal enrichment, for enrichment of his family or friends.
government ministers will protect state property no government minister will have crooked dealings by receiving money from domestic or foreign monopolies, or transnational corporations government ministers will be at the disposition of anyone carrying out an investigation on his or hex- conduct and behaviour 6.

MUNICIPAL AND GENERAL ELECTIONS 1.

2.


All elections.for any political party will be financed by the state it is the duty of the state to allocate monies for such elections THE BELIZEAN STATE WILL NEVER ALLOW.

ITS TERRITORY FOR THE INSTALMENT OF FOREIGN MILITARY BASES WHICH WOULD BE A SOURCE OF-SUBVERSION AND SABOTAGE AGAINST NATIONAL SOVEREIGNTY.

7- GRANTING OF ASSYLUM TO.FOREIGNERS ■ to the following persons: The Belizean state will.
grant assylum and protection fighters for peace, love and friendship throughout the world 2.

3- fighters of national liberation movements fighters of democracy, justice and progress fighters for the defense of.

human rights 8.

REFUGEES The Bel.iaan state will grant xefuge to persons fleeing from repression and genocide in their countries.

Protection and care will also be provided to refugees.

Gentlemen of the Joint Select Committee, I hope that you will take my suggestions seriously into consideration.
Yours faithfully, SGD.

WILFREDO NOVELO o J a <3 APPENDIX A-42 No.

5 North St. Punta Gorda, Belize.

March 2nd.

1931.

The Clerk, National Assembly, BEIMOPAN, Belize'.

Sir, The TOLEDO PROGRESSIVE PARTY submits the following in iq^ards to the White- Paper, draft for a New Constitution for an Independent Belize:- 1) 2) The White Paner should bo more widely distributed; and more time given for submissions to be made.
The boundaries of BELIZE should be defined in Article 1 after there has been a peaceful solution to the territorial claim.

It .

is then that the question of boundary'definition will be laid to rest; and this .should strengthen, and.

give' validity to whatever boundaries are defined in Article-1.

We attach copy of RESOLUTION which was moved, seconded and unanimously approved at the T.P.P.

CONVENTION held on March 1st, 1981 in Punta Gorda.

Yours very truly, SGD.

ALEJANDRO VERNON (Sec.


Gral) TOLEDO PROGRESSIVE PARTY.
THE TOLEDO PROGRESSIVE PARTY THE "HITE PAPER WHEREAS the White Paper for a Constitution for an Independent Belize cannot be properly studied by the people of Belize within the thro weeks that Government demands- submisons from the public for a meaningful compilation of the most important document to govern the lives of all Belizeans, AND WHEREAS a territorial claim exists, in contradiction to the definition of boundaries of the territory as described in Article-1 of the White Paper, BE IT RESOLVED that this Convention objects to the improper distribution of the White Paper, and the time alotted for submissions to be made, AND BE IT FURTHER RESOLVED that this Convention rejects Article-1 because there exists a territorial claim over Belize art!
the boundaries indicated in ArtiCle-1 of the White Paper cannot be .exactly defined until the territorial claim is peacefully solved, and the question of boundary definition is laid to rest by a permanent solution that will obligate- all- parties concerned to recognize and accept such boundaries.

TOLEDO PROGRESSIVE PARTY PUNTA.GORDA ,- BELIZE.- MARCH 1st 1981. o o <j!

o Appendix A-A3 mjuc viejo del Carmen 1'own Board Office .

arch 6th 1961. iir.

A.?.

Monsanto Clerk, -ationnl Assembly Belmopan Dear Sir.
T. am pleased to inform you that at a meeting cf the Benque Mejo del Carmen Town Board held on Friday February 27th, 1?81, The Hhite rapcr - proposed terms of a Constitution for an Independent Belize was discussed.

As a result the Benque '/iejo del Carmen Town Board unanimously agreed with and supported the proposed Terms as on the ’.Jhitc Taper.

Please convey our congratulations to the members of the Honourable House who d3?afted the proposed terms.

Sincerely, Sgd.

Adan Castellanos ■layer.


Appendix A-44 Orange ’..'alk Town 7th liarch, 1981 Joint Select Committee ational Assembly Belmopan Gentlemen; T forward the following suggestions which should be included in the Constitution for the independent Belize.

(1) The national and mineral resources of Belize is owned exclusively by the Belizea.n people.

The state will not dispose of it as it likes.

(2) All power in Belize belongs to the people.

Ministers arc subject to the people.


o Yours faithfully, Sgd.Uilfredo :ovelo " r I IS