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Jul 2, 2018

2008 Special Agreement to Be Challenged in Court

Robert Lopez

At a press conference today, Robert ‘Bobby’ Lopez announced that he intends to file a claim in the courts of Belize to challenge the constitutionality of the Special Agreement signed by Belize and Guatemala. Lopez is heading what he calls the Peace Movement along with familiar faces such at Wil Maheia of the Belize Territorial Volunteers and the De la Fuentes of the Northern Territorial Volunteers. Papers have been prepared to file for a request for Judicial Review for an order of Certiorari to quash the decision of the Government to Sign the 2007 Special Agreement. Lopez and his colleagues are also seeking the court to declare that the Compromis insofar as it gives the ICJ the option to change Belize’s boundaries is unconstitutional. However, the group is missing a key component; a lawyer. Lopez says they have hit a road block because no attorney wants to take up the case.

 

Robert Lopez, Leader, Peace Movement

“Only a two thirds votes of the house can change those define boundaries of Belize. So we say that the Foreign Minister derives a totality of his power from the constitution which he sore to uphold. The Belize constitution explicitly defines the borders of Belize. By virtue of the constitution 71 (1) and schedule 3 along with the constitution, the Foreign Minister is constitutionally bound to uphold the define boundaries. And the constitution provides the method to alter the boundaries of Belize is by a two-thirds majority vote of the House of Representatives only. So we say the special agreement is both illegal and procedurally improper in that it give the ICJ now, after referenda if we vote yes, the power to alter the boundaries of Belize when such power is vested only in the legislature of Belize. The special agreement does not have the support of the two thirds of the House of Representatives. So we are asking the court to determine that the Minister of Foreign Affairs acted beyond his executive power when he signed that special agreement since it anticipates an egregious breach of the constitution. And B , determine the provision of Article 2 of the Special Agreement that request the ICJ to determine the boundaries is contrary to public policy for threatening the boundaries of Belize which are enshrined in the constitution and (C)determine that the special agreement to the extent that it request the ICJ to determine the boundaries of Belize is null and void. Belizeans, we cannot allow our elected leaders, those we entrusted to uphold this sacred law, to abuse the is law now to usurp this law. So we are calling on attorneys across the length and breath of this country to put, not your money but your experience, your expertise, your knowledge where your heart is. We need some attorneys to lodge this to be present to the Supreme Court and we on the Peace Movement are prepared to take this all the way to the CCJ.”

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