The Foundation Of Belize: Understanding The Country's Constitution

The Constitution of Belize is the supreme law of the nation, coming into effect in September 1981. It is divided into a preamble, 13 parts, and four schedules. The constitution ensures access to information and participation within the framework of the freedoms of expression, peaceful assembly, and association. It also provides constitutional guarantees in case these rights are infringed. The legal system is modelled on English common law, with a bicameral National Assembly composed of an elected House of Representatives and an appointed Senate.

The State and the Constitution

The Constitution of Belize, which is the supreme law of the nation, was signed in September 1981 and has been amended several times since. It is divided into a preamble, 13 parts, and four schedules.

The first part of the Constitution of Belize establishes Belize's identity and boundaries and sets out its status as the supreme law of the nation. It comprises sections 1 and 2.

The Constitution affirms that the nation of Belize is founded upon principles that acknowledge the supremacy of God, faith in human rights and fundamental freedoms, the position of the family in a society of free people and institutions, the dignity of the human person, and the equal and inalienable rights of all members of the human family.

It also recognises that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and the rule of law. The Constitution requires policies that protect and safeguard Belize's unity, freedom, sovereignty, and territorial integrity, and eliminate economic and social privilege and disparity among citizens based on race, ethnicity, colour, creed, disability, or sex.

The Constitution further ensures access to information and participation within the framework of the freedoms of expression, peaceful assembly, and association. It provides constitutional guarantees in case these rights are infringed.

Belize's government is based on the British parliamentary system. The Constitution provides for a bicameral National Assembly, consisting of an elected House of Representatives and an appointed Senate. The governor-general, a Belizean national who represents the British crown, appoints the prime minister (the leader of the majority party in the House) and the opposition leader. The prime minister then appoints the cabinet.

Protection of Fundamental Rights and Freedoms

The Constitution of Belize, which came into effect in September 1981, outlines the nation's commitment to protecting the fundamental rights and freedoms of its citizens. This includes:

• The right to life, personal liberty, and security, with protection from inhumane treatment, slavery, and forced labour.
• Freedom of expression, opinion, conscience, assembly, association, and religion.
• Protection of privacy, family life, personal property, and human dignity.
• Protection from arbitrary deprivation of property.
• Freedom of movement within Belize, including the right to reside, enter, and leave the country.
• Equality before the law, regardless of creed, skin colour, race, gender, or political affiliation.
• Protection from discrimination based on race, skin colour, political affiliation, origin, or gender.
• Protection of the right to work, including the opportunity to pursue a chosen profession or business.
• Protection from false imprisonment and unlawful arrest or detention.
• Access to justice and fair trial, including the right to legal representation and protection from self-incrimination.
• Prohibition of torture and cruel or degrading treatment.
• Protection from arbitrary search or entry into one's premises without consent.

These rights and freedoms are guaranteed to all citizens of Belize, and the Constitution provides enforcement mechanisms and remedies in the event that these rights are infringed.

The Governor-General

The current governor-general of Belize is Dame Froyla Tzalam, who has served in this role since 27 May 2021. The governor-general is the representative of the Belizean monarch, currently King Charles III, and is appointed by the monarch on the recommendation of the prime minister of Belize. Governors-general are appointed for a seven-year term of office.

The office of the governor-general was created on 21 September 1981, when Belize gained independence from the United Kingdom and became an independent constitutional monarchy. The governor-general's powers and roles are derived from the Constitution of Belize's Part IV, sections 30 to 35, which set out certain provisions relating to the governor-general.

The functions of the governor-general include appointing ministers, judges, and ambassadors; giving royal assent to legislation passed by the National Assembly; and issuing writs for election. The governor-general also has the power to dissolve parliament and issue writs for new elections. After an election, the governor-general formally requests the leader of the majority party in parliament to form a government and appoints the prime minister and other ministers.

Dame Froyla Tzalam is a Belizean Mopan Maya anthropologist and community leader. She was born in San Antonio, Toledo, and holds a master's degree in Rural Development from the University of Sussex, England, and a bachelor's degree in Anthropology from Trinity University, Texas. She has dedicated her work to culture, history, and indigenous rights, authoring numerous articles and books on these topics. She has also served as the chair of two umbrella organisations and has worked to strengthen the governance of community-based organisations to ensure accountability.

The Legislature

The Belize Constitution Act 1981, as amended to 2022, outlines the country's legislative framework, which is based on the British parliamentary system. The Legislature is the largest part of the Constitution, covering sections 55–93.

The Belizean Legislature is made up of a National Assembly, which consists of two houses: the House of Representatives and the Senate. The House of Representatives is elected, while the Senate is appointed. Members of both houses serve five-year terms.

The House of Representatives has 31 members, who must be citizens of Belize aged 18 or older and have resided in the country for at least a year before their nomination. The Senate, on the other hand, consists of 13 members, or Senators, who are appointed by the Governor-General based on the advice of various entities. Six Senators are appointed on the advice of the Prime Minister, three on the advice of the Leader of the Opposition, and one each on the advice of the Belize Council of Churches and Evangelical Association of Churches, the Belize Chamber of Commerce and Industry and the Belize Business Bureau, the National Trade Union Congress and the Civil Society Steering Committee, and non-governmental organisations. Senators must also be citizens of Belize, at least 18 years old, and have resided in the country for a minimum of one year before their appointment.

The Judiciary

The Constitution of Belize is the supreme law of the nation of Belize. It was signed in September 1981 and has been amended several times since.

The legal system of Belize is based on the common law of England and is adversarial in nature. The judiciary, which is one of the three separate arms of the State, is headed by the Chief Justice, who has overall responsibility for the administration of justice in Belize. The Chief Justice is appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, given after consultation with the Leader of the Opposition.

The Supreme Court of Judicature and Court of Appeal are established by Section 94 (Chapter 7) of the Constitution of Belize. The Supreme Court has unlimited original jurisdiction to hear and determine any civil or criminal proceedings under any law. In its criminal jurisdiction, a Judge sits with a jury of 12 members for capital offence cases and 9 members for non-capital offence cases. The Court in its criminal jurisdiction sits four times a year in each of the three judicial districts: the Northern, Southern, and Central districts. This division allows for the participation of citizens as jurors from across the country, ensuring that accused persons are truly tried by their peers, a fundamental principle in the jury trial system.

There are three Supreme Court Judges: the Chief Justice and two other judges, known as Puisne Judges. The Supreme Court's three judges are all male. The Court of Appeal exercises an appellate jurisdiction over both the High Court and Magistracy and has the jurisdiction and powers to hear and determine appeals in civil and criminal matters. The Court of Appeal is established with a President and three Justices of Appeal, but a panel of three Justices sits at any one time. The Court of Appeal may sit in Belize up to four times a year but usually sits three times, depending on the number of cases on its calendar. The present composition is one resident Belizean and three visiting Justices, including the President, from the Commonwealth Caribbean jurisdictions. The four Justices of Appeal are all male.

The Privy Council, which was formerly the final court for Belize, sits in the United Kingdom. Appeals from the Court of Appeal lie to the Privy Council, sometimes as of right and sometimes with leave of the Court. The Privy Council is primarily made up of members of the United Kingdom's House of Lords, with recent appointments from the Commonwealth jurisdiction.

Justices of the Supreme Court, other than the Chief Justice, are appointed by the Governor-General. The Governor-General acts in accordance with the advice of the Judicial and Legal Service section of the Public Services Commission and with the concurrence of the Prime Minister, given after consultation with the Leader of the Opposition. Justices of the Court of Appeal are appointed by the Governor-General, acting in accordance with the advice of the Prime Minister, given after consultation with the Leader of the Opposition, for such period as may be specified in the instrument of appointment. The qualification for appointment as a Justice of the Supreme Court is a minimum of five years standing as an attorney-at-law. For a Justice of the Court of Appeal, the qualification is 15 years standing as an attorney-at-law, holding office as a judge of a court of unlimited jurisdiction in civil and criminal matters, or of a court with appellate jurisdiction from any such court.

Justices of the Supreme Court are appointed with security of tenure and hold office, subject to removal for inability or misbehaviour, until the age of sixty-two. Justices of Appeal hold office, subject to removal for inability or misbehaviour, until the expiration of their period of appointment or until resignation.

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