It is the controversial piece of legislation which earlier this year Almost shut down Belize's fuel supply when angry truckers threatened to strike. Today in a major blow to the Petroleum Hauler's Association and its hardline President Joe Briceno, Chief Justice Abdulai Conteh ruled the Petroleum Hauler's Act unconstitutional.
A group of four truckers sued government and the association after the act was passed which required all truckers to basically get a permission slip from the association in order to haul petroleum. The truckers' attorney Dean Barrow argued that the requirement violated his clients' right to freedom of association and to employment. Barrow said the Chief Justice agreed with his submissions and ruled in their favor.
Dean Barrow, Attorney for Truckers
“In effect the court was saying to insist, which is what the law orders, that in order to qualify for a license you must be a member of the association is unconstitutional. It violates your right to freedom of association which means that you have a right to associate with whom you please and to not associate with whom you don’t please. And so the court said that the law violated that right to freedom of association. As well it violated the right of the applicant to work because their desire to engage in their trade or operation, the business of petroleum hauling, was fettered by the fact that they could not do this since they were subjected to a licensing regime that again would prevent them from engaging in this occupation except they had the approval of the association.”
Keith Swift,
So what now? The act has been ruled unconstitutional so what will happen next?
Dean Barrow,
“Well the applicants were given damages and they were given costs. The damages were $15,000 and the costs were $25,000 to be paid equally by government and by the association. As far as I can see this then means that there is a reversion to the status quo. Before government passed the Act, what used to happen was that once you satisfied the industry standards set by the oil companies, the oil companies would give you a contract to haul petroleum for them. The Act said that there was no longer this freedom on the part of the oil companies to contract with whom they please and they would hereafter have to contract only with those that are licensed and you could only be licensed by being a member of the association. Now we are back to square one so my clients and whoever else can just run petroleum as they please subject only to be given a contract by the oil companies who in turn will not give you a contract of course unless you meet certain industry standards with respect to safety of the vehicle and things like that.”
The Petroleum Hauler's Association was represented by Lois Young-Barrow while Elson Kaseke represented government. No word if they will appeal.
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