Author: Brianna Bennett

This morning, the Senate Special Select Committee picked up its investigation into the hotly debated Definitive Agreement given to Portico Enterprise Limited by the Barrow administration back in October 2020. The public hearings, spearheaded by NGO Senator Janelle Chanona, have been a marathon of testimonies, with several key figures, like developer David Gegg, taking the stand. However, the inquiry has hit several roadblocks, with some witnesses not showing up and others being advised by their lawyers not to answer certain questions.  Earlier today, Cabinet Secretary Stuart Leslie faced the committee, accompanied by Senior Counsel Eamon Courtenay, who also serves as the Leader of Government Business in the upper house. Here’s what went down.

 

Stuart Leslie, Cabinet Secretary

“Members of the committee, I am here at your invitation as Cabinet Secretary and not in my personal capacity.  As this committee is aware, documents and deliberations of the Cabinet are strictly confidential and exempt from disclosure.  As Cabinet Secretary, I took an oath to uphold the laws and constitution of Belize, and I intend to be faithful to that oath.  I have been advised that I am not at liberty to discuss any Cabinet documents or deliberations in Cabinet to this committee or otherwise. Respectfully, I am therefore not in a position to assist this committee with any evidence or documents.”

 

Janelle Chanona

“Colleagues, who would like to go first? [To Stuart Leslie]…You can indicate that you are declining to answer, but…”

 

Stuart Leslie

“I thought that was what my statement said.  Yes, I decline.”

 

Janelle Chanona

“Yes. So it is just for you to indicate that this is the basis for you declining.  We just need to get it on the record that we have asked and you have answered. Hi, good morning, Cabinet Secretary, thanks for coming.  I just had a few questions, perhaps you could help me understand…”

 

Eamon Courtenay

“Madam Chairman, I am sorry interrupt, Senator, but I have advised…”

 

Janelle Chanona

“Sorry, again, morning Senator Courtenay, I know you’re here as an attorney, but again, as per protocol established by the SSSC, only the witnesses are to convey, so you can indicate that legal advice is advising you not to respond, but you would like to pose the questions.”

 

Eamon Courteny

“[To Stuart Leslie]… let’s go.”

 

Stuart Leslie

“I will not answer any questions.”

Next up was Senator Chris Coye, the Minister of State in the Ministry of Finance. He showed up with his law partner and fellow senator, Eamon Courtenay, from CourtenayCoye LLP. Skipping the formalities, Coye dove straight into a prepared statement and then made a quick exit from the hearing. As he read from his document, he started by explaining how he first found out about the Definitive Agreement.

 

Chris Coye, Minister of State, Finance

“I became aware of Portico Enterprises Limited and its plans for a new cruise port like almost everyone else, through the news media several years ago, when the UDP administration signed an MOU with Portico. On change of administrations, it was certainly a policy and a priority of this new government to encourage and facilitate new investment in Belize with a view to cause long term sustainable human development, particularly those investments that would bring in much needed foreign exchange and generate substantial employment. It was therefore promising to see an investment of this scale and nature being contemplated with reputable companies like Boskalis, one of the largest dredging companies in the world. This gave credibility to the Portico project. In late 2022, Portico through its attorneys, requested that Government honor the undertaking set forth in the Definitive Agreement signed in 2020 by the past UDP government to enact a law containing the various concessions as promised under the said agreement. I believe I received a copy of the Definitive Agreement in early 2023.”

Wrapping up his statement, Senator Coye didn’t hold back on criticizing the abuse of power in parliament, especially in the upper house. After dropping that bombshell, he excused himself from the hearing, which led to an immediate adjournment and a huddle in the committee room.

 

Chris Coye, Minister of Finance

“As much as conservation is a national priority, it should never be that nature positive conservation should have priority over people positive sustainable human development.  There is no doubt that the Senate or any Committee of the Senate has the powers to conduct enquiries and investigations on any matter of public interest or importance. At the same time, just as with any other authority that enjoys powers and discretions, those powers of the Senate can be abused. The Senate and any Committee thereof must be resolutely sure not to abuse their powers or be manipulated into abusing their powers to serve third party special interests including foreign interests, but rather to act reasonably and judiciously in the public interest of Belize and its citizenry alone.  Thank you.”

 

Janelle Chanona

“Thank you, senator.”

 

Chris Coye

“I will be excusing myself.  That’s the extent of the statement I have to give today and the evidence that is being provided to this committee.”

 

Janelle Chanona

“Before you leave, I was only going to ask a few things, so hear me out before you make your decision.  One would be for a copy, I mean we can transcribe it, but if you have a copy, if you could send it to the clerk so we can add it to our files.  And two, just to confirm, we would have started with an introduction of who you are and your capacities.  Is that also your preference that you depart before you table those for the record?”

 

Chris Coye

“I think you know who I am.”

 

Despite calling for an adjournment, the session was cancelled at 1:30 p.m.

 

This afternoon, we caught up with Cabinet Minister Francis Fonseca to get his take on today’s senate hearing. Fonseca admitted he wasn’t aware of what happened during the inquiry, but he still shared a few thoughts with reporters.

 

Francis Fonseca, Cabinet Minister

“Well I didn’t see anything that you were talking about today, so it’s the first time I’m hearing about it.  I’ve been busy all day today.  You know, obviously, with these hearings, I’m sure they were given legal advice.”

 

Reporter

“They appeared with their attorney.”

 

Francis Fonseca

“Okay, they did.  So I am in no position to second guess what legal advice was given to them.  Always, with these hearings, inquiries, I always support more information, providing as much information and data and, you know, whatever is asked of us.  I’m always in support of that and I know that’s the sentiment of the cabinet in terms of this particular hearing, an inquiry, but obviously individuals have to be guided by their own legal advice. You’re characterizing it as walking out, I don’t know if that’s the case.  I’m sure they provided statements.”

 

Reporter

“They did give statements but refused to take questions.”

 

Francis Fonseca

“Again, as I said, they are obviously acting on the advice of counsel.”

 

This evening, the Office of the Clerk of the National Assembly released a statement detailing the events of today’s session.  It goes on to say, “both witnesses appeared with attorney, Senator, Honorable Eamon Courtenay, Senior Counsel.  Each witness took the opportunity afforded by the SSSC to make opening statements.  Unfortunately, both witnesses declined to answer any questions and exited the Chambers of the National Assembly.  The Committee was surprised at the witnesses’ failure to participate in the Public Hearing.  The SSSC is also disappointed with the suggestion made by Honorable Coye in his opening statement which attempts to cast aspersions on the work of the Committee, that is unacceptable”.

Last week, after the Cabinet meeting, the government announced in a press release that it is making headway with the Draft Maya Customary Land Tenure Policy. They mentioned making suggestions to refine the key points and asked the relevant parties to share this information to move towards finalizing the draft legislation. However, Cristina Coc, spokesperson for the Maya Leaders Alliance and the Toledo Alcalde’s Association, stated that both organizations do not support the government’s proposal. Coc also expressed disappointment over the absence of key government representatives at a working session this week with the Inter-American Commission on Human Rights, which has been involved in the process since 1998.

 

Cristina Coc, Spokesperson, MLA/TAA

“You will recall that recently, we were before the media as well, to denounce the government’s proposal of a one kilometer circular,  um, from the center of the village, a one kilometer, kilometer circular was being proposed that that is what they would automatically recognize and we had an issue with that because that leaves out then all of our farmlands and all the other areas that we customarily use. Um, and so that was, we held, of course, a gathering in Santa Elena shortly after that proposal was made by the government.  And there was a huge protest  against that proposal and the government listened. And basically they said at our meeting with them, I think that was in May, right after the compliance hearing, they basically said, we’re going to pull back that proposal.  We know that it’s not going to, it’s not a popular proposal. It’s not going to be accepted. We’re going to pull it back and we’re going to come back to you with a better proposal. Or one would assume a better proposal. They have now come back with a new proposal and that is perhaps what we should discuss, um, in this interview. Thank you. Because the new proposal now is, uh, is also very, very concerning to the Maya communities. Yesterday, the Inter American Commission visited the village of Santa Cruz. This was the host village. This is where the working session was held.  Unfortunately, the government was a no show insofar as they basically sent three observers from the Ministry of Foreign Affairs.  Um, who informed us that they were only there to take copious notes. And it’s been a pattern where the government has, uh, refused to report and show up for these sessions. This is very disappointing, particularly because the Inter American Commission is in country, is on site. The Attorney General’s Ministry. is the ministry that represents the state in these cases. And so somebody from the attorney general’s ministry at the very minimum there, their counsel on this case. And we have still not arrived at the finalized Maya land tenure policy for three. Sticking issues. One. Um, the big question is where are these Maya lands? Where does Maya customary land tenure exist? Uh, what is the extent of that land? They are now proposing that they will automatically recognize only five acres of land per person.  So whatever the population size is, they will multiply that five acres times that population size. Now again, this is really, um, reflective of either an ignorance on the part of the, of, of the government with respect to understanding Maya customary land tenure, or how Maya people use the land. Or it is, uh, it is just an insistence on limiting the rights of the Maya people and, in fact, limiting specifically the lands that should be recognized for the Maya people. Now, we also reject this, this proposal because  there is no way  just coming and developing this formula. Even the judges of the CCJ asked the government, how did you come up with this formula? How did you determine that, that it would be five acres per person? And they said, well, um, we just decided that that is what is enough, uh, for a Maya person to make their life.  Um, without fully understanding how we use the land, our relationship to the land.”

 

The Commission members are in Belize to catch up with two Maya organizations and see how well Belize is doing in implementing court rulings. They’re also here to iron out any issues that are causing delays. Back in 2004, the Commission put out a report based on a petition from the MLA and TAA. Cristina Coc mentioned that this visit is happening because the MLA and TAA asked for it.

 

Cristina Coc, Spokesperson, MLA/TAA

“Last year, November, um, we held a working session or a compliance working session with the Inter American Commission in November. And it was at that compliance session that we asked the commission, Commission to come and visit Belize to do a site visit. We’ve been asking for this for the last 20 years, right? But it’s only until last year that the government accepted because they have to come at the as a guest of the government. And so the government approved the request and we plan for them to visit this year. Um, but, um, of course it’s the government’s prerogative on where they go. The only thing we have established. was that they would do a working session, an onsite working session with us  to assess, you know, where they are with their, with their recommendations to, to hold two seminars  or to hold a seminar, um, to help develop capacities around human rights and how the intersection with Indigenous Peoples rights, how that is a part of human rights. It comes right after the last compliance hearing of the CCJ consent order, which was on the 10th of October. And on the 10th of October, that was when we are, of course, before the CCJ, seeing what has happened in terms of the advancement of the implementation. That was the first time we learned of the changes in the, uh, my customer land tenure policy that we have been negotiating for some time now.  And the context in that regard is that for some time now we have been deliberating on what the policy will look like. The policy is supposed to be the guiding instrument that will inform the development of the legislation. So it’s a very important document. It will tell you what the parameters are.  of where the law will find its place. And so for us, it’s important that the policy captures the spirit of the judgment of the courts, captures the essence of the bundle of rights that Maya people are afforded or that the recognition affords.”

 

News Five spoke via phone with Minister Dolores Balderamos-Garcia, the Minister of Indigenous People’s Affairs, who said that the government has been flexible, and liberal with the Mayas and that it does not want to come across as depriving the Mayas of land or putting them in a box. The minister said that there has been extensive consultation in the process and that it looks forward to coming to a final draft in due course on Maya land tenure.

 

On the phone: Dolores Balderamos-Garcia, Minister of Indigenous People’s Affairs

“Unfortunately, there was a twisting of the proposal that the government put and  quite erroneously it was put out there that government was only going to give a kilometer radius or a 2 kilometer radius and that is all the land that could be claimed by a village communally. But let me clarify. What we basically said is that we would be willing to recognize that area automatically without the village having to prove use on occupation because clearly their homes are there. No, beyond that.  What the villagers would have to do make with a auto shop, for example, or make with a mobile, for example, what they would have to show to apply for communal ownership of further lands beyond the radius is they would have to show. Use an occupation  of that land for about 30 years. We were using a reasonable amount of time, 30 years prior to the ruling of the court in 2015. so let me make it abundantly clear what was proposed at the time was not. Pending people into a 1 kilometer or a 2 kilometer radius, but to say that the government in its policy and legislation would be willing to recognize that area. Automatically without the village having to prove. I would not wish for it to be said, or to, or for it to be understood by any of the Belizean people that government is trying to put the Maya people in their villages into a little box and only give them, you Like, like, say, a kilometer or whatever, or a little bit of land as such, because we must respect again. I repeat, we must respect that. If there has been a ruling of the court recognizing my customary land tenure, the difficult job of government along with our partners and we view. The T. A. A. D. M. L. A. As partners, although it may seem adversarial at times, we view all of them as partners.”

 

Suicide is one of those topics that is considered taboo to talk about, especially among the adolescent population. But the Mental Health Association and UNICEF Belize are of the view that youths must have these conversations. As a result, they partnered with the Department of Youth Services to host a panel discussion on suicide prevention led by high school students. The discussion was moderated by a mental health professional, with additional experts on standby to offer intervention. News Five’s Paul Lopez was there. He filed the following report.

 

Paul Lopez, Reporting

The Ministry of Health and Wellness reports that suicide is the second leading cause of death among young people aged fifteen to twenty-nine. Considering this alarming statistic, the Belize Mental Health Association and UNICEF Belize teamed up with the Department of Youth Services to host a panel discussion on suicide prevention and mental health, led by high school students.

 

Christa Courtenay, President, Belize Mental Health Association

“There is a moderator and of course professionals on standby in case we need to intervene. The idea is that they are having conversations anyway. So, we would like to give them a safe space to talk about suicide, suicide prevention, give them tips and ideas. There are also resources that are printed out an available for them while connected them with the UNICEF resources, the Your Report program, etc.”

 

Panelist #1

“To add to the common misconception that people who talk about suicide are just seeking attention, whether or not its for attention or them seeking out for help, the root of the problem should always be found, because talking about it might be their way of generally seeking help and them feeling a sense of hopelessness.”

 

Students from thirteen high schools gathered at the Princess Hotel to engage in the panel discussion. UNICEF Belize’s health and nutrition specialist says, globally adolescents do not have a lot of opportunities to address their mental health challenges or access to the necessary services.

 

Dr. Olusola Oladegi, Health and Nutrition Specialist, UNICEF Belize

“The event today is to commemorate World Suicide Prevention Day which focus on changing the narrative. What does it mean to change the narrative? For example, we know that suicide is something nobody wants to talk about. We need to talk about it and be sensitive about it. It is like when people die you say someone committed suicide like it is an offense. Nobody committed suicide. When people die from suicide, we should say this person took his life or this person died by suicide, not that somebody committed suicided. So today, we would like to bring students from so many schools in Belize, let them talk about suicide. There are so many issues associated with suicide. People have anxiety, depression, family problems, the issue of poverty, gender-based violence, bullying.”

 

Panelist #2

“The research conducted or that we have gathered shows that males have a higher suicide rate compared to females, although females may attempt suicide more frequently. This is from the ministry of health and Wellness in 2022. And according to PAHO, rural areas in Belize tend to have higher suicide rate likely due to limited access to mental health services and economic hardship.”

 

Reporter

“What advice would you give to parents or grandparents who wants their kids to open more to them?”

 

Christa Courtenay

“That is a big question. If someone is interested in getting their child to open more to them, drop your opinion, drop your judgment and just listen. Before you try to change their minds, hear where they are coming from and try to understand what they are feeling and where they are before you try to change their minds. Teenagers specifically do not care how much you know how much you care.”

 

Reporting for News Five, I am Paul Lopez.