It’s official: Privy Council stays
It’s official: The Privy Council will live on as Belize’s final court of appeal. The reason is that the proposed constitutional amendment to replace that body with the new Caribbean Court of Justice was killed before birth. This occurred last night when the U.D.P. Central Party Council rejected a compromise under which the Opposition would have supported the amendment in exchange for some reforms in governance. United Democratic Party leader Dean Barrow told News 5 Tuesday, that he supported the compromise, but did not feel the issue was sufficiently crucial to expend much political capital on its success. That half hearted endorsement proved prophetic as hard line council members reportedly held out for a constitutional amendment placing a ceiling on government’s ability to borrow–a move that even Barrow felt was bad public policy.
This morning Prime Minister Said Musa, in a wide ranging press conference in Belmopan, made it clear from the outset that the U.D.P. position was both inconsistent and totally out of step with the wishes of the Belizean people.
Prime Minster, Said Musa
“The United Democratic Party, as a last minute manoeuvre sort to make their support conditional and government agreeing to certain issues, which really had nothing to do with the merits of the Caribbean Court of Justice. Some of these demands of the U.D.P. clearly smacked of political extortion. Nevertheless, on my return to Belize following my attendance at the CARICOM Heads of Government Meeting in Grenada, I met on Monday morning, with the Leader of the Opposition, to discuss their proposals. At this meeting held at the office of the Prime Minister in Belize City, we reached a consensus on the points raised. This agreement was at referendum on both sides. In other words, I undertook to seek the approval of my executive, my house members and he would seek the approval of his party’s executive on the points agreed as the basis for the Government and the Opposition jointly supporting the Belize Constitution Fifth Amendment Bill. In a spirit of compromise in order to reach National consensus, on a matter that I consider of considerable significance to Belize and the Region, the People’s United Party Government gave its approval and was prepared to support the proposed changes as agreed between the Leader of Opposition and myself. On Wednesday night, last night, I was however informed by the Leader of the Opposition, by telephone, that he was unable to get the support of his Party’s executive.”
With a constitutional amendment now off the table, the question remained: where do we go from here?
Prime Minister, Said Musa
“Let me say that the timing is critical in order to move the C.C.J. forward. The president has been appointed, the financing of the court has been arranged, and we intend to move forward tomorrow, Friday the sixteenth of July. It is important to note that the Caribbean Court of Justice is designed to have two areas of jurisdiction. One is the original jurisdiction to deal with matters interpreting and applying the revised treaty of Chaguaramas, which is the place in Trinidad where the treaty was first made by the Heads of Government, establishing the Caribbean community including the proposed CARICOM single market and economy. In other words, it would be a court to regulate and adjudicate on trade disputes and other issues arising between member states of CARICOM. The second area of jurisdiction for which the court is designed, is to replace the judicial committee of the Privy Council as the highest appellate municipal court for the region in civil and criminal matters. In order to amend the constitution to abolish the Privy Council and to replace it with the Caribbean Court of Justice, a three fourths majority vote is required. However, in order for the House of Representatives to pass the Caribbean Court of Justice Bill with original jurisdiction, over CARICOM affairs, the constitution of Belize requires a two thirds majority only. The Government intends to move ahead on Friday with the passage of this bill to establish the Caribbean Court of Justice. Sooner or later, the Opposition will hopefully come to its senses and begin to act responsibly instead of waging, what I would characterize as a reckless campaign of political extortion, slander, liable and malicious, false propaganda.”
Calling the Privy Council “a vestige of colonialism” the Prime Minister concluded that Belize would now remain one of the few jurisdictions left in the world that still employed that body as its highest court. He added that even the United Kingdom was considering its replacement with a new supreme court.
