Today, the Leader of the Opposition called on his international legal connections to support his stance on the ownership of the U.D.P. headquarters. Shyne Barrow held a press briefing with attorney-at-law, Doctor Christopher Malcom, who is also a Senior Lecturer and the Director of the Mona Law Institute Unit. Doctor Malcom, who describes himself as an interested observer in this situation, shared his legal opinion that Phillipa Griffith Bailey does not have the authority to allow Tracy Panton and the Alliance for Democracy to take control of the U.D.P. headquarters through a transfer instrument. According to Doctor Malcom, the U.D.P. is the rightful owner of the property based on the land title.
Christopher Malcolm
Dr. Christopher Malcolm, Attorney – at- law
“From a legal perspective the UDP is an unincorporated association and what that means from a matter of law is that the UDP does not have the rights that you and I have or that a registered company for example would have, which enables it to have legal personality. However, not withstanding that it does not have that legal personality and cannot own things in its own name, what typically happens with an incorporated association, they may nevertheless be able to acquire property for their benefit. When that happens, it is ordinarily done by an office holder in a representative capacity, not with the office holder attaining any personal right, but instead doing so for the benefit of the membership of the association. Now, in this instance, as I understand it there is transfer of those premises that was done to the UDP as a body, and I have seen those relevant documents from the register of titles which suggest that those properties are properly owned, at least on the register, by the UDP. Whether the UDP could have owned it or not is immaterial for purposes of what I am about to say. What you cannot do is go behind what is recorded on a public document without a process being engaged to change that. In Belize you Torence system for registration of land, which is title by registration and the position with that is whatever appears on tittle is taken to be accurate unless you are able to go through a legal process to have that position correct. What I have seen suggest beyond the shadow of a doubt is that the legitimate owner of that property is the UDP. As to whether there are legal issues with that or not is a different question, but it is not for any individual to seek to go against what is recorded on the title without the process of the court or some other legitimate body overturning what is there at the moment.”
Doctor Christopher Malcolm was also asked to share his thoughts on the legitimacy of the Alliance of Democracy’s October 20th national convention in relation to the U.D.P.’s constitution. Here’s what he had to say.
Dr. Christopher Malcolm, Attorney – At- Law
“There is in fact provision under the constitution that two thirds of the delegates can in fact petition for their to be a national convention but even when you petition the petition has to go through appropriate steps, including for their to be propriety you need to ensure those persons who claim to be delegates are actually delegates. For that reason the stewardship of the party must at all times, the constitution requires that they maintain a record of delegates to ensure propriety because what you don’t want is for somebody to come across the border from Guatemala to having nothing to do with Belize, having nothing to do with a political party, turns up as a delegate and vote. The point is you need to ensure that an unincorporated or any other association that is set up is properly run and the first thing you have to ask is, what does the constitution say. So I am accepting there is no limit on the possibility of other conventions being held on petition and in other instance, in fact the constitution instead also says you can have in the case of an emergency but it says what constitutes and emergency and how must declare an emergency. But, what ever happens your starting point must be what does the constitution say by way of process and was the proper process followed. Nobody is saying, certainly I can’t, that holding a convention outside of the two year process is bad from the beginning. The question is that were the proper process engaged and in a manner they were suppose to be engaged.”
The Republic of China, Taiwan’s Foreign Minister, Doctor Lin Chai-Lung, is on an official visit to Belize. Today, Prime Minister John Briceño welcomed him with a breakfast meeting in Belize City. Afterward, they headed over to the BelCan Bridge on Central American Boulevard. On Tuesday, Doctor Lin Chai-Lung announced that his government has agreed to fund the bridge’s replacement. The delegation then traveled to San Pedro Town to visit the construction site of the Taiwan-sponsored San Pedro-Caulker General Hospital. News Five’s Paul Lopez has the details.
Paul Lopez, Reporting
This morning, Prime Minister John Briceño and Minister of Foreign Affairs Francis Fonseca hosted a breakfast meeting with Doctor Lin Chai-Lung. Afterward, they took him to visit the BelCan Bridge. On Tuesday, during a press conference in Belmopan, Doctor Chai-Lung announced that the Taiwanese government has approved funding to replace the BelCan Bridge in Belize City. Taiwan’s foreign minister got a firsthand look at the rapidly deteriorating structure. The delegation then traveled to San Pedro to visit the construction site of the Caye Caulker-San Pedro General Hospital; a thirty-three- million-dollar project funded by the Government of the Republic of China (Taiwan).
Lin Chia-Lung
Dr. Lin Chia-Lung, Foreign Minister, Taiwan
“One of Prime Minister Briceno’s key policies is to improve health services for the Belizean people. Our president is a medical doctor. He strongly supports this project. So, and after extensive consultations and the preparation by the government of Belize and Taiwan the San Pedro Hospital project was launched earlier this year. Both of our countries understand that health is integral to the quality of life and attack great importance to this project. I am keen to see the construction site myself on this visit.”
In his remarks, Prime Minister John Briceño, noted that Taiwan is one of Belize’s greatest allies. He compared Taiwan’s geopolitical struggles to the border dispute between Belize and Guatemala.
Prime Minister John Briceño
Prime Minister John Briceño
“Our support for Taiwan is unshakeable. It is a strong relationship that we have built for the first thirty-five years. But, it is a relationship that is built on a principle of the right to self determination. If we did not have that opportunity as a country, we would not be here today as a country, because likewise we have a big country. It is not as big as China, but a huge country compared to us, we are at four hundred thousand, they are at eighteen million and for over all these years they have this unfounded claims to Belize. But we are very happy that through diplomacy, through building relationships between both countries, the leaders and leadership that even Guatemala is able to say let us settle this diferendum or the borer peacefully.”
Notably, Belize and Guatemala are the only two Central American countries that are diplomatic allies of the Republic of China (Taiwan). Minister of Health Kevin Bernard was also at the site visit this morning. He shared his thoughts on what the new hospital and Taiwan’s support for this project mean for Belize.
Kevin Bernard
Kevin Bernard, Minister of Health and Wellness
“This new hospital represents progress and the commitment to improving the health and wellbeing of everyone who calls the island home as well as the many visitors who come here. No longer will residents need to travel long distances for essential medical care. From emergency services and maternity care to routine checkups. This facility will provide high quality, accessible healthcare right here in San Pedro. The hospital will be staffed by a dedicated team of doctors, nurses and medical professionals who will work tirelessly to ensure each patient receives the best care possible.”
Belize Rural South Area Representative Andre Perez emphasized how grateful the residents of San Pedro and Caye Caulker are for the support from Taiwan’s government to construct the health facility.
Andre Perez
Andre Perez, Area Representative, Belize Rural South
“This hospital will be serving as much as thirty thousand people here in Caye Caulker and San Pedro and it swells at times for the busy season. I can tell you that this building, I am being kept abreast on a weekly basis, that this building is being built correctly, in tune with climate change, building a building so resilient that it will be able to withstand a hurricane. It will take about three years or so and I am keeping in touch so that you will see we are on the foundation being built . The people are very grateful because as we grow, this infrastructure that is growing so fast, the most important component is a hospital and your government, and my government has done the right thing by choosing something that is critically important for this community.”
While Taiwan’s Foreign Minister, Doctor Lin Chai-Lung, announced hisgovernment’s funding for the BelCan Bridge replacement, over in Bermudian Landing, a team from the Ministry of Infrastructure and Development and Housing had to spring into action today. Incessant rains had compromised a section of the road on the northern approach to the bridge. Minister of Infrastructure Development, Julius Espat, explained that they responded immediately upon receiving the call.
Julius Espat
Julius Espat, Minister of Infrastructure Development, Housing
“The guys are on the ground right now dealing with that situation, and we have them once in a while all over the place, culverts that collapse here and there, wear and tear, flooding. We deal with it three hundred and sixty-five days a year, and because it’s raining and the media is a little bit more focused on the situation, which is understandable. But it’s what we do, that’s why we’re here to be able to solve those problems.”
Today, representatives from the Ministry of Infrastructure Development held a workshop with officials from the Inter-American Development Bank, the Caribbean Development Bank, and other international financial institutions to discuss the procurement processes they must follow. The ministry invited the media to share this information. As we learned, there’s a specific procurement methodology in place, whether it’s for bidding on a contract to repair a bridge or road, or for procuring equipment for infrastructural projects. News Five’s Marion Ali stopped by and filed this report.
Marion Ali, Reporting
Major infrastructure projects like the Haulover Bridge are built to last for decades, but to make sure we get our money’s worth, there are crucial steps that need to be followed to guarantee top-notch quality. Today’s MIDH workshop aimed to look at these types of issues.
Julius Espat
Julius Espat, Minister of Infrastructure Development, Housing
“The design has to be properly done, so that’s one phase. If you have a good design, more than likely you’ll have a good end product. So, the design phase is very important. The contractor has to be a contractor of experience that has done the work well over time. And then you have your warranty period, where if there’s – some people call it the fixed liability period – there is a time, normally it’s six months, one year, that you can make sure that the contractor takes care of any problem that happens within the contract.”
Douglas Fraser
Douglas Fraser, Head of Procurement, C.D.B.
“Contracts that are high risk, high value, they actually come to the bank for our review and no objection. So, we are intricately part of that process.”
Quality of work is just one piece of the puzzle that lending institutions consider when their partners enter contracts. How contracts are awarded is another crucial aspect. Douglas Fraser, Head of Procurement for the Caribbean Development Bank, says that concerns can be formally lodged if there’s any suspicion of foul play in the awarding of contracts.
Douglas Fraser
“We have a complaints process that’s hardwired into our framework. The complaints escalate first of all to the government here and then they can be escalated to the bank. And we have an independent office of integrity, compliance and accountability that deals with any of the – as you put it – hanky-panky or integrity issues.”
Marion Ali
And are there penalties?
Douglas Fraser
“There are indeed. If an entity has failed to fall foul of the integrity framework, the procurement procedures of the bank, our independent office of integrity, accountability and compliance can actually debar them from taking part in future processes. So, there are real teeth there. and consequences. Um, for integrity violations.”
The Minister of Infrastructure Development and Housing, Julius Espat, explained that today’s workshop was designed to help the public better understand the processes involved. He mentioned that international lending agencies often have such high standards that they had to find creative ways to involve Belizean companies.
Julius Espat
“If the project is in the millions – if it’s a large project, then they will request financial backing to say, all right, you have enough money to be able to do this project. Then they will ask you your experience, how many of these types of projects have you done in the last five to 10 years? And then they’ll ask you for your technical backup. Do you have the qualified personnel to be able to execute a project of this time? If they elevate those requirements too high, then Belize companies will not be able to participate. So, we said all right, after we tried everything, what can we do now so that Belizean companies can participate if you are saying the level is so high? Then we found out that you can partner. So Belizean companies can partner with – maybe a technical Belizean company can partner with a financing group; or an international group that has the financial backing. So that partnership allows a Belizean company to participate, or two Belizean companies; one that’s strong in the financing aspect of it; one that’s strong in the experience and in the technical aspect of it can join together.”
Espat emphasized that the ministry stays transparent with its procurements because that’s what they are held accountable for.
Julius Espat
“If you analyze the process and you follow it and you understand it, then you will realize in which direction that the ministry is going. The ministry basically, when it follows international procurement methodology, we follow a guideline that the international financial institutions provide.”
Espat explains that after the ministry meets the high standards set by international partners, it still needs to get major contracts approved by the House of Representatives before moving forward.
Julius Espat
“Under our constitution that it has to be done, and so apart from this, when we’ve already fulfilled the requirements of the international financial institutions, then we have to then take it to the Ministry of Finance. The Ministry of Finance does their own evaluation and then they send back to us a no objection. Then from there, we have to take it to the Contractor General. And so the Contractor General’s office has to go through that whole process from that lens. Once the Contractor General sends back a no objection, then we send it back to Parliament and we table it if it’s above five million dollars, and so that is stable into the House.”
Earlier, we reported on the repair works the Ministry of Infrastructure Development and Housing had to undertake at the approach to the Bermudian Landing Bridge. The relentless rains have wreaked havoc on off-road routes, and the Sunday Wood Road is no exception. Concerned villagers reached out to the media to highlight the issue, prompting reporters to inform the M.I.D.H. Today, Minister Espat confirmed that the matter has been addressed.
Julius Espat, Minister of Infrastructure Development
“We were informed and one of your colleagues from the media informed us and we dealt with it yesterday by six o’clock. The culvert was in already and that’s already dealt with, so we thank the media for informing us. It has one or two areas that the floods damage and that again, you’re dealing with a road that runs through a low-lying area.”
Today’s procurement workshop, hosted by the Ministry of Infrastructure Development and Housing and international lending agencies, illuminated the stringent processes that contracting parties must follow. The workshop also emphasized the transparency of contracts, which the ministry makes publicly available. However, when asked about allegations of inflated contracts, the minister explained that contracts undergo rigorous scrutiny at multiple levels before being awarded to a contractor.
Julius Espat, Minister of Infrastructure Development, Housing
“I don’t think you can ever one hundred percent debunk it. It is what people perceive it to be. We can only open it up as best as we can so that you can see the process and ask the questions and participate, look at the procedure, and that’s why we have the valuation. When we do an evaluation of a contract. It is the engineers from the Ministry of Infrastructure, it is the financial consultants from the Ministry of Finance; it is the consultants from IDB or CDB, their people participate. So it goes through different levels of scrutiny before it is awarded.”
As mentioned earlier, on Tuesday, Doctor Lin Chai-Lung and Belize’s Minister of Foreign Affairs, Francis Fonseca, held a press conference in Belmopan. During his address, Doctor Lin revealed that the Government of Taiwan is gearing up to open its market to Belizean seafood, with the shrimp industry set to reap the initial benefits.
Lin Chai – Lung
Dr. Lin Chai-Lung, Foreign Minister, Taiwan
“This afternoon we have discussed some very important cooperation projects and we also reviewed the progress and outcomes of ongoing projects and explored directions for further cooperation. We are very satisfied with the result and are fully committed to further strengthening our robust relationship. For instance, I am grateful to announce that after two years, significant progress has been made on the issue of importing shrimps from Belize to Taiwan. We are not entering the onsite inspection phase. Once this is successfully completed and any outstanding issues, interministerial talks will go ahead. Our government looks forward to opening Taiwan market to Belizean sea food, in particular with your famous Marie Sharps. It is very popular in Taiwan. I can guarantee. During this meeting, I can also announce that the government for Taiwan in response to Prime Minister Briceño request during his visit to Taiwan in May, has agreed to provide financial support for the reconstruction of BelCan Bridge in Belize City. We understand this is a pressing issue concerning the city’s safety and its residents.”
Taiwan’s Foreign Minister also unveiled the Taiwan Ally Prosperity Project, which promises to bolster Belize’s development. Doctor Chai-Lung highlighted that this initiative will enhance cooperation in various sectors, including agriculture, health, and women’s empowerment, among others.
Dr. Lin Chai-Lung, Foreign Minister, Taiwan
“Some plans is carbon credit trading and smart agriculture and tourism, among many others. By sharing the Taiwan experience we will expand collaboration in many areas, including agriculture innovation, cultivation, public health, ICT, women’s empowerment, clean energy and the basic infrastructure. In particular we will extend either in large the ongoing women’s empowerment program. We will also increase the fellowship program to have more young talent to go study in Taiwan. We would like to encourage more fellowship recipients to return back to Belize to help develop your great nation. That is kind of a two-way for all in terms of talent exchange. So, it is with great joy we celebrate our thirty-five years of friendship and cooperation together.”
As October draws to a close, the deadline for the People’s Constitution Commission’s (P.C.C.) final report looms just two weeks away. However, with the clock ticking, it seems increasingly unlikely that the commission will meet the deadline. Nearly two years ago, the P.C.C. embarked on a comprehensive review of Belize’s constitution, conducting a series of public consultations and preparing recommendations for the Prime Minister. In June, the commission received a six-month extension to complete its work and was expected to present an interim report to stakeholders on October sixteenth. Unfortunately, that date has come and gone without any interim report. News Five reached out to P.C.C. Chairman Anthony Chanona for a comment on the delay, but he declined. He did, however, inform us that the P.C.C. plans to meet on November fourth to conduct the presentation. We also spoke with P.C.C. Commissioner Caleb Orosco, who attributed the delay to poor time management.
Caleb Orosco, P.C.C. Commissioner
“The commission process was to meet in October eighth, if I remember right, October fifteenthth deadline. And we were all supposed to sign off on letter heads back to the thirtieth, at least that was the original discussion. Now, there’s a request for a second extension of the time to address the deficiency of developing the recommendation report. And that’s problematic because if there’s an exercise in poor judgment and poor management in taxpayers resources what makes the chair think that a second extension will correct a problem of poor judgment and poor management in the first place. So that’s one. Two, the issue with the recommendation really, I predicted, would be one of delays. And unnecessary delays because a lot of these things could have been fixed months ago, but they weren’t. At the heart of this is getting a consultant who is struggling with keeping to deadline and making sure we have a, I guess a basic functional document for us to engage. Why should the process struggle with completing a report for recommendations, when there is foresight, when you have a committee of thematic chairs telling you what to do and how to do. You’re giving instruction and still instruction isn’t followed. The heart of this is, what’s going to happen? Will the request for second extension even go through? Because I personally don’t know that Parliament moves very fast to address issues of extension, especially with mandates like these. And I don’t know what will happen if the so-called meeting to review the so-called recommendation between, I believe, the fourth and the seventh is going to progress any further than making your comments and then we wait.”
