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Oct 5, 2004

Opposition weighs in on controversial Carnival contract

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After months of speculation, the contract signed between the Government of Belize and the Carnival Corporation is now in the public domain. And using copies provided by the website “freebelize.org”, the United Democratic Party has launched its criticism of the Musa administration for what they say is the reality behind the details contained in the agreement. The highlights of that document include:

The contract will remain in force for twenty years and may be renewed on the same terms and conditions for an additional period of ten years by mutual agreement of all parties.

The government of Belize?s execution of this agreement will bind its government agencies and officers, including without limitation, the Belize Tourist Board to adhere to and fully comply with their respective obligations set forth herein.

Any law policy or regulation, including without limitation, the Belize Cruise Ship Policy published by the BTB, now or hereafter in effect, which limits the number of cruise passengers which may visit Belize on a daily, weekly, monthly or annual basis shall not apply to cruise passengers who arrive on Carnival Lines.

The government of Belize will not require the use by Belize Cruise Terminal Limited or any of its affiliates (including Carnival), of any services of any third party, including any Belizean entities, nationals or government agencies, in connection with the navigation, docking of any cruise ships in Belizean territorial waters, any aspect of the project and or any business operations relating to the project, including operation by BCTL of the BCTL port.

The document is signed by Prime Minister Said Musa, Giora Israel, for the Carnival Corporation and Luke Espat on behalf of Belize Ports Limited and Belize Cruise Terminal Limited. This afternoon, Opposition Leader Dean Barrow weighed in with his comments on the controversial contract.

Dean Barrow, Leader of the Opposition

?What the agreement does is to exempt Carnival from the requirements of several of our laws; several of our statute laws in particular the Hotel and Tourist Accommodation Act. The Hotel and Tourist Accommodation Act in turn obliges any tourist venture to comply with other laws such as the Environmental Protection Act, the Public Health Act, the Housing and Planning Act and the contract says that those sections of the Hotel and Tourist Accommodation Act which would ordinarily have obliged Carnival to comply with that Act and with the other Acts in particular, the Environmental Protection Act are not to apply.?

Janelle Chanona

?Both the Director of Tourism and the Minister of Tourism have told us on record that they plan to renegotiate this contract and enact legislation. Looking at this contract as it is now, is there any legal grounds or any loopholes in this that can access??

Dean Barrow

?Well, certainly as I have said there are several things; there are several points that they can take although I am not really here to help them legally. But the BTB is not a party to the contract so it cannot bind the BTB. As I said while Government might have to pay with respect to damages, the contract cannot bind the National Assembly; cannot stop National Assembly from passing laws. But what is really amazing is that the Minister of Tourism and if what he tells us is true, the Cabinet now is insisting and according to the Minister he has gotten Cabinet to support this position. So his position is now the position of Cabinet. Cabinet has directed that the contract be renegotiated. This is a Contract signed by the head of Cabinet, by the Prime Minister of this country. Now his own Cabinet tells him what you did is abhorrent; what you did is ridiculous and we will not in fact allow it to stand. Apart from the legal hot water that is puts the Government in because this is a binding contract and even if?-as said you are able to go to court or you decide you will not honour the contract–the fact is you then open yourself to payment of all these damages. But that legal question apart politically, it doesn?t make sense that the of Prime Minister presumably acting either with the tacit or overt support of Cabinet signs a contract and then a few months later Cabinet says oh no, you have to negotiate it. It completely undermines the credibility and in fact the leadership of the Prime Minister.?

Belize City businessman Luke Espat has maintained that Belizean workers will be “the priority” of Belize Cruise Terminal Limited.


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