Former Ombudsman Sues Government Over Vacancy and Stalled Investigation

The Government is facing another constitutional challenge over the continued vacancy at the Office of the Ombudsman. This time, the claim has been filed by the former Ombudsman himself, Major Retired Herman Gilbert Swaso.  Swaso’s term ended on December 31, 2025, and a replacement has still not been appointed. He is now taking the Attorney General to court, arguing that the vacancy has blocked an important investigation and denied him access to a review under the Freedom of Information Act.  According to Freedom Law Chambers, the matter involves nine Haitian girls who were allegedly trafficked into Belize. The law firm says the case was brought to the Ombudsman’s Office by international agencies, including UNICEF Belize and the United Nations High Commissioner for Refugees.  The investigation was looking at how the girls entered Belize, their immigration or refugee status, who had legal custody of them and whether the authorities had properly protected them. The release also claims that information gathered during the investigation pointed to the possible involvement of senior government officials. No names were given, and those allegations have not been tested in court.  Before Swaso left office, his team had reportedly requested information from the Ministry of Human Services, the Immigration Department and the Refugees Department. Meetings were held and documents were also requested, but the investigation was not completed before his term expired.  Swaso later filed a Freedom of Information request in July, asking whether the investigation had been reassigned, suspended, closed or simply left untouched. That request was transferred to the Ministry of Foreign Affairs and Foreign Trade, which denied access to the information on July thirty-first.  Swaso says the problem is that without an Ombudsman, he cannot appeal that decision through the independent review process set out in law. He wants the High Court to declare that the continued vacancy has violated his constitutional rights and weakened access to justice, transparency and accountability.  This is not the first court challenge over the vacant post. In July, social activist Jeremy Enriquez was granted permission to take the Government to court on the same issue. Enriquez said two of his Freedom of Information matters were left in limbo because there was no Ombudsman to hear his appeals.  Swaso’s case now adds another concern: whether an investigation involving nine vulnerable children has been allowed to stall because no one was appointed to continue the work.  The claims have been made by Swaso and his attorneys.