Government Moves Forward With Constitutional Reform

Government is moving ahead with plans to reform Belize’s Constitution, but before any changes are made, Belizeans will first have an opportunity to learn more about the proposals. Prime Minister John Briceño today formally presented the report of the People’s Constitution Commission, or PCC, in the House of Representatives. The report contains 167 recommendations for changes to Belize’s system of government. But not all those recommendations would require changes to the Constitution. Government hired external constitutional experts, including human rights attorney Edward Fitzgerald KC, to review the recommendations. After eight months of analysis, the recommendations were placed into different categories, including those that are constitutional, those that could be dealt with through legislation, and those that may not be necessary or require further discussion. Of the 167 recommendations, 53 were identified as constitutional matters and could therefore be considered for inclusion in the Constitution.

John Briceño, Prime Minister of Belize: “In conducting their work, the constitutional experts reviewed and assessed each of the PCC’s recommendations using eight guiding criteria. One: Governance. Does the proposal define who holds power, how they are chosen or removed, what they can and cannot do, and how conflicts can be resolved? 2. Fundamental rights. Are citizens’ rights at stake? Does the proposal at a minimum meet international standards for the protection of human rights, including those of minorities? 3. Durability. Will the proposed change make sense in years to come? Constitutions are designed to outlast governments and cultural trends. 4. Entrenched worthiness. Is the proposal so fundamental that changing it in the future should require supermajorities and delay periods? 5. Legitimacy. Does the proposal reflect cross-party, cross-society consensus? 6. Justificability. Can courts enforce the provisions without becoming policymakers? 7. Design versus implementation. Does the proposed change sets principles rather than attempt to make detailed and specific provisions? And 8. Capacity and practical realism.  Can the state realistically deliver what the text promises? Additionally, all recommendations were considered in light of the core constitutional rule called the “basic deep,” basic deep structure doctrine. This doctrine, crafted by the courts, is based on the universal acceptance that a democratic state such as Belize has structural and substantive features and values of its constitution that constitute this basic deep structure.”

The 53 recommendations have since been reviewed by the Attorney General’s Ministry and the Ministry of Constitutional Affairs. Government says the next step is to take the proposals to the public. Prime Minister Briceño says a six-to-eight-month public awareness campaign is being planned to explain the proposed reforms and allow Belizeans to better understand what is being considered.

John Briceño, Prime Minister of Belize: “All the recommendations as well, Mr. Speaker, were reviewed and analyzed within the context of the existing structure of the Constitution of Belize. Following this exercise, the external constitutional experts then considered the suitability of each recommendation for inclusion in the Constitution of Belize. In this regard, the recommendations were categorized as follows:

1. Category C.The proposed change is constitutional in nature and could appropriately be located in the constitution.

2. Category L. The proposed change may be broadly be considered “constitutional in nature” but does not necessarily belong in the Constitution and a better left to legislation or policy. 

3.Category U. The proposed changes are necessary or inappropriate

4. Category D. The proposed change is one which requires further discussion and debate at the local level. 

Mr. Speaker, following the exercise, 53 of the 167 recommendations made by the PPC were identified by the external constitutional experts as being fully “constitutional in nature” and therefore could appropriately be located in the constitution. Following from this process of review and analysis and categorization of the recommendation conducted by the external constitutional experts these 53 recommendations deemed “constitutional in nature and could appropriately be located in the constitution’ were further reviewed and analyzed by attorneys within the Attorney General’s ministry and the Ministry of Constitution, Religious and Indigenous Affairs and Transportation. They reviewed the recommendations within the local context and the jurisprudential position of each recommendation. Mr. Speaker, it is true that this PCC constitutional reform process has been a lengthy one. But it is also true that to achieve serious, real, and meaningful constitutional reform, the processes we are going through must occur. I encourage all Belizeans to assess and review a PCC report with its recommendations and over the next months as government engages in awareness campaign, I encourage all Belizeans to participate in a sober and responsible manner.”

Following that public awareness campaign, government intends to bring a resolution to the National Assembly. The resolution would determine whether the proposed constitutional reforms should eventually be put to a referendum, giving Belizeans the opportunity to vote on the matter. But while the PCC recommendations are moving forward, government is also preparing to restart the country’s redistricting process. Briceño says constitutional amendments will be brought to the National Assembly in September to restart that process. He maintains that the redistricting exercise is separate from the wider constitutional reform process stemming from the People’s Constitution Commission.

John Briceño, Prime Minister of Belize: “Mr. Speaker, my government is committed to the redistricting exercise to be started afresh. To trigger the restart of the redistricting exercise there are a number of constitutional amendments that will need to be pursued. The Elections and Boundaries Commission at paragraph 116 of its 2023 report had made recommendations relating to the amendment to section 90 of constitution, to, for instance, include a national mean of registered electors and include a threshold limit to allow for the increase or decrease of the number of registered electors in each division. We will be coming to the House in September with a bill to amend the constitution of Belize to give effect to some of these recommendations so that the redistricting exercise can start anew. This should not be taken as working in conflict with the larger constitutional reform process of the PCC, Mr Speaker. It is going, addressing in real-time matters that need to be addressed.”

The constitutional reform process is expected to continue over the coming months, with government now preparing to take the proposed changes to the public before a decision is made on whether the matter should go to a referendum.