The judgement also affects private farmers - who - the judge found - do not have to be members of any of the four farming associations to be recorded on the register of cane farmers. She said their right to work should not be restricted by enforced membership in an association. Smith explained this freedom of association:
Godfrey Smith, Attorney for ASR/BSI
"It also held that where the sugar industry act says that if a cane farmer can't produce 75 tons a year, you might have your licensed revoked. That's unconstitutional and it also went on to find that where the sugar industry act holds that in order to be able to deliver your cane to the manufacturer you have to be on a cane register and to be on that cane register, you have to be a member of an association. That's the practical effect and the court ruled to the extent that that is the position. That is unconstitutional."
"So, in a sense it's a new ruling, but those who have been involved in that industry for many years knew that this point would come, because the act is badly in need of modernization and efficiency and to bring it up to practical standards. You can't have totally private entities, regardless. Nobody says the industry isn't crucial. It's of great and tremendous importance to Belize and to the North. That fact alone doesn't mean that you can have laws that are unconstitutional."
"The right to freedom of association means I can decide to be a member of an association or not be, which meant then that the one association that was requiring everybody to be members could not maintain that position and it led to the splintering and the creation of 3 others. So you have 4 associations. But the trick that was done was to say, okay you can have as many associations as you want, but to deliver cane here, you have to be on the register and they only accepted names from associations."
In 2016, the ruling was that the Belize Sugar Cane Farmer Association cannot have a monopoly - which gave rise to the 3 other associations which now exist.
And while that is the judgement it is a controversial one - and both sides may appeal. The Chairman of the SICB Marcos Osorio has said he will not comment until after tomorrow when they meet with the Minister of Agriculture and the Attorney General.
