The controversial 11th amendment to the constitution went to the house for approval today. That's the one that would seek to disqualify a person as a member of the National Assembly if they have served a sentence of imprisonment for more than twelve months, imposed by a court in or outside of Belize. It's clearly meant to target Leader of the Opposition, Shyne Barrow - and though it was first tabled in 2021, cooler heads prevailed and the government agreed to hold off on all amendments until the People's Constitutional Commission had held national consultations.
But, suddenly this week, the hawks in the PUP resurrected the amendment just as the Leader of the Opposition was getting ready to table a no confidence motion in the house.
And, after a hastily convened committee meeting yesterday, the Amendment Bill was brought back to the house today for final approval.
It was presented by the Minister of Constitutional and Political Reform Henry Usher - and bitterly opposed by the Leader of the Opposition:
Henry Charles Usher, PUP Fort George
"The amendments have to do with terms of imprisonment for crimes or for actions that are serious; violent crime. We've heard throughout the day the calls for reducing violent crimes min our country, yet we would allow somebody with a criminal conviction in the past to sit in this honourable house. Crimes of moral turpitude, actions of moral turpitude. We're talking about actions that have great gravely violated the accepted standards of the Belizean community."
Shyne Barrow, Leader of the Opposition
"We agreed to go to the People's Constitution Commission, so that we can have a bipartisan evaluation of our constitution which is there to protect rights, not take away rights. For 43 years our constitution protected the right of members of society to participate in all forms of our democracy. How? Who is calling for this? Which social partner is calling for this? Who is driving this? What remedy are you trying to prescribe here? What societal ill, what threat to our national security is happening here? Nothing. This is political targeting. This is weaponization of the constitution. It is a dark day for Belize and your bilateral partners are watching."
"You can't take away rights. You can't do that and that will fail in the courts, so I have no doubt or no concern, Madam Speaker. But it has to be highly highlighted for the Belizean people to see what a fascist government they have, Madam Speaker. Where this government thinks that they are smarter and wiser than our forebearers who drafted the amendment specifically to deal with a problem that could arise if someone got elected and they were serving a sentence. They could not come to this honourable house, they could not go in their constituencies, but our forebearers did not contemplate penalizing members of our society for past transgressions."
"Because I have done no crime in Belize. I committed one crime in my entire life 25 years ago which is a reckless assault. So you want to talk about Mr. Caleb. My crime in the United States is punishable by a fine here in Belize, sir. So what you are trying to accomplish is going to fail on so many fronts. Just making yourself look bad."
"You know why I frightened you, because I represent the outsider. I represent the people that you have forgotten, the people that you have dismissed. You claimed that for 13 years the UDP did that and you came in and did the same thing."
PUP hardliner Julius Espat also stood to support the bill. Notably, it was Usher and not the Prime Minister who wound up the debate on the Amendment; the always voluble PM remained conspicuously mute on this bill.
After that the house went to a division where it was passed with 25 in support, two opposing and four absent.
It then went to the committee of the whole house, where, to the surprise of almost everyone, the government side opted to withhold the bill. So, they DID NOT pass the 11th Amendment. It all seems to have been some political brinkmanship game by the party hardliners, probably to rattle Leader of the Opposition, Shyne Barrow.
