The Belize Sugar Cane Farmers Association also addressed Prime Minister John Briceño’s response to the High Court’s decision on the Sugar Export/Import Regulations. As we reported, A.S.R./B.S.I. challenged the regulations in court, and it was ruled unconstitutional. When the press asked the PM about the decision, he said that it was expected. His comments did not sit well with the association, because the legislation was one of the measures that the government sought to implement to remedy B.S.C.F.A.’s concerns over Fairtrade premium payments. Javier Keme, the Chairman of B.S.C.F.A.’s Finance Committee, says the Government of Belize has the authority to appeal the ruling.
Javier Keme
Javier Keme, Chairman, B.S.C.F.A. Finance Committee
“When he was questioned about the outcome of the regulations his choice of words was in a very insulting tone to the farmers that he was expecting that outcome and that is wrong from a leader to ascertain that. Why, because that means you are promoted as the leader of the government and you gave your authorization to go through something, a procedure that you already have perceived is to fail. That is wrong from a leader to make such a statement. Now coming to the ruling, the judge has all the authority to make certain comments of the ruling. He has all the authority to do such. But that doesn’t mean as a leader I will say I can’t do anything; the government can’t do anything. That is another wrong statement he has done. Why, government have two options in any ruling? In this case, five went against, four went in favor of the regulation. One option is to appeal. The statement he made to that question is that it is going to cost Belizeans thousands of dollars, taxpayers money. That is his response. When in other areas he has used taxpayers’ money recklessness. The second option is to accept the ruling of this judge, but as a legislator, change it and amend it and bring back the section that will not affect the constitutional right of such an entity.”
Reporters also asked the Belize Sugar Cane Farmers Association for their thoughts on the verbal agreement entered between the Prime Minister and stevedores who are members of the Christian Workers Union. Last night, we told you that the Prime Minister made a verbal commitment to compensate the stevedores a total of one point six million dollars in sugar redundancy payment. He noted that lawyers from both sides would meet and that an agreement may be signed by the end of today. Well, we are yet to receive an update on that signing as of news time. And, the B.S.C.F.A. says that while they hope for the best in this matter, they can no longer believe anything the prime minister has to say.
Javier Keme, Chairman, B.S.C.F.A. Finance Committee
“When you lose the trust of a person, what happens. They are just being taken as a liar. When we saw what transpired with our colleagues from the unions, the outcome of it we were just thinking that on that regard the experience that BSCFA has gone through, we don’t trust words. We don’t trust verbal agreements. That is why we have, if what we have in black and white is making trouble for it to be realized, imagine what will happen between a lawyer and a lawyer, because that is what I understand from the news where it is. So I hope for the best for our colleagues, but it was just a verbal commitment, that is what I heard from the news. We at least got this written and it is still difficult for it to be fulfilled.”
And finally, from today’s press conference in Orange Walk Town, the B.S.C.F.A. is now demanding that an independent entity be established to market Belize’s sugar. They further demanded that legislation be included that speaks to compensation for sugarcane farmers for their produce and that amendments be made to clarify that the sugar industry is not for B.S.I.
Javier Keme
Javier Keme, Chairman, B.S.C.F.A. Finance Committee
“We need an independent entity to market the sugar from Belize. Now, this call, and I will mention it categorically and choose my words carefully, the sugar industry Act needs to be amended in a way to clarify that this sugar industry is not for BSI. It is not for ASR. It has two owners, two stakeholders and that has to be put into law in the Sugar Industry Act. We are fifty percent owners of the industry because we have the production as producers. They are millers and that is wrong when you say that BSI is a private industry. That is wrong. They might be a private company, but we are two stakeholders in one industry and that needs to be reflected in the changes that the Sugar Industry Act needs. We need that the aspects of the payment of the cane to producers be put in law. You say it is going to be difficult, maybe the commission of inquiry will show enough evidence, enough information for you to do that. But if still your government is reluctant to act in that regard, there is an alternative for it. And it has also been ventilated in the past that there needs to be a mechanism to resolve disputes like the negotiations for a new commercial agreement.”
In the north, the Belize Sugar Cane Farmers Association has also issued a release in respect of the proposed commission of inquiry into the operations at the Belize Sugar Industries Limited. While government has been advised not to proceed with the probe, the B.S.C.F.A. has expressed its strong opposition to that recommendation and has gone on to criticize the Briceño administration. The Prime Minister told reporters earlier today that he would waste his time responding to the B.S.C.F.A.’s criticism.
Prime Minister John Briceño
Prime Minister John Briceño
“I will not waste my time in answering the BSCFA. I think and I will do what I believe is in the interest of the industry and in the interest of Belize. We have three other associations that are working with the sugar mill. They‘re not the only ones so let‘s start off with that. I have said to them that there has to be proper consultations. There were not proper consultations. The way the commission of inquiry, the terms of reference, the way it was set out, it was a terms of reference for the BSCFA. So I am meeting with the minister on Monday and on Monday we are going to finalize the terms and then we‘re going to proceed. But if we were to proceed the way they want us to proceed, we‘ll be wasting our time because we are going to be taken to court and the court is going tp rule against us. We are not going to appeal just because they asked us to appeal. We are going to appeal if there is a case and it seems as though there is not a case to appeal.”
In a press release, the Belize Sugar Cane Farmers Association (BSCFA) is telling Prime Minister John Briceño to “stay pan track.” The BSCFA says that it is appalled by statements made recently by PM Briceño in the media regarding a court judgement.
On February 29, 2024, High Court Judge Rajiv Gooretilleke delivered a judgement on a claim filed by BSCFA and Corozal Sugar Cane Producers Associations (CSCPA) against the Attorney General of Belize, the Minister of Agriculture, the Sugar Industry Control Board, and the Controller of Supplies. Within their claim, BSI/CSCPA sought court orders to declare nine regulations unconstitutional, with the judge ultimately deeming five of these regulations null and void.
Representing BSI, Godfrey Smith, Senior Counsel, questioned the purpose behind these regulations, suggesting they unfairly targeted BSI. However, BSCFA says that the reality of the situation lies in decades of strained relations between BSI and cane farmers. BSCFA says that Smith’s assertions are misleading.
BSCFA Oscar Alonzo holding a “PM do not abandon the cane farmers” sign during a protest in December 2023.
BSFCA says, “Equally appalling are the statements of the Prime Minister regarding the Commission of Inquiry (COI)…The Prime Minister states that he heads the COI, that he is the one who has responsibility for the COI, and that it is his responsibility to ensure that there are proper consultations by everyone. Yet he unfairly blames Hon. Jose Mai, Minister of Agriculture, for not properly consulting all stakeholders on the COI. The Prime Minister conveniently disregards the fact that the record shows that both BSI and all associations were invited to be a part of the consultation process, but only two associations…”
The release ends by stating, “The BSCFA calls on the Prime Minister to “STAY PAN TRACK” and to appeal the judgement on the regulations and to establish the Commission of Inquiry forthwith, or shall the BSCFA have to remind him where is “THE TRACK”.
Earlier this week, the High Court handed down a judgment in the case of Belize Sugar Industries Limited and the Corozal Sugar Cane Producers Association against the Attorney General, the Sugar Industry Control Board, the Minister of Agriculture and the Controller of Supplies. This was in direct relation to a claim that the two entities had successfully presented after having filed for an injunction. That injunction was to have the amended Sugar Industry Import/Export Regulation, or a Statutory Instrument that was introduced in May of 2023 halted. Senior Counsel Godfrey Smith, on behalf of the claimant, held a press conference today to share the implications of the regulation had it been passed. Essentially, the court found that the regulation was unconstitutional, that it breached the claimants’ right to work, to privacy, to protection of law. News Five’s Marion Ali filed this report.
Godfrey Smith
Godfrey Smith, S.C., Attorney for A.S.R/B.S.I./C.S.C.P.A.
“The court struck down, in fact, it characterized portions of the regulations as obnoxious, saying that it did interfere with BSI’s right to information and privacy, that the regulations would interfere with BSI’s right to work, and it would interfere with its right to protection of the law, because it amounted to an overreach. The effect of the finding is that the government has used its legislative power in an invasive way, in a way that breach people’s, that the BSI’s right to its confidentiality and privacy of its commercial information.”
Marion Ali, Reporting
The Constitution of Belize allows the government to formulate regulations that interfere with a company’s rights, but it must be for the greater good of the people. And, even though the sugar industry is one of Belize’s income earners, the court found that the regulation was the equivalent of an abuse of power. Senior Counsel, Godfrey Smith explained the crux of the matter with one of the sections he argued against.
Godfrey Smith
“The Sugar Industry Act and the Supplies Control Act already regulated export of sugar in Belize. All of a sudden, in 2023, the Sugar Industry Control Board and the Minister of Agriculture promulgated, brought into law, a new set of regulations that had at its core two fundamental things. 01:5The first is a requirement that if BSI wished to get a license to export sugar or to manufacture sugar, it had to disclose all contracts – all – to the S.I.C.B, Mr. Osorio and his group with all of its clients internationally. It also had to do that each time it applies for a shipping permit. There’s a requirement that each time you want to export sugar for each batch you have to apply for a shipping permit and if you haven’t made those disclosures you will not get a permit or you will not get your license or your export license can be revoked.”
Smith explained that the regulation also sought to impose on BSI a requirement to collect from Tate and Lyle in London any Fair Trade premium for sugar due and paid to associations. This is a matter that the claimants argued had nothing to do with them. The basis on which the claimants put forth their case was that the regulation was crafted so as to delve into B.S.I’s private commercial affairs and to force B.S.I to do the impossible – to pay Fair Trade premiums, which are not paid by them, but by the London-based company Tate and Lyle. Smith shared his candid view that the government abused its authority when it formulated the regulation.
Godfrey Smith
“That piece of regulation was a clear, naked attempt by S.I.C.B – Sugar Industry Control Board and the Ministry of Agriculture to strong-arm BSI and force them to do what the law doesn’t allow. So, because the disputes have been ongoing and the government obviously must favor the cane farmers because they represent thousands of voters in the industry, it will never be a case where any government, red or blue, will ever side with a commercial entity, a multinational B.S.I./A.S.R, because they know where the votes are. And for that reason, they were prepared to use their sovereign legislative power in a heavy-handed, hand-fisted way to compel something like that. They were not entitled to compel. It was an abuse of authority. Nobody says you can’t regulate to assist here and there if you believe there is unfairness. But that is why there is a Constitution, which is the yardstick against which you gauge whether a particular piece of regulation or law has gone overboard. So you can’t use force.”
Smith pointed to the fact that a cane farmers association would join A.S.R./B.S.I on the claim is in itself an indication that the association did not trust the intention with which the regulation was drafted.
Godfrey Smith
“One of the cane farmers associations themselves – the Corozal Sugarcane Producers Association – I miss that, I overlooked that point. It’s an important point because they felt the actions of the government with this heavy-handed piece of legislation could mash up the industry and they would be at a loss if whatever draconian penalty is imposed on BSI for failure to comply with these excessive regulations – could mash up the industry – could hurt BSI, but if BSI is hurt, down would go the other associations. So that’s why they joined in that claim.”
The regulation can still be passed, but without the sections that the court found to be unduly unreasonable, which would make the regulation ineffective in what it seeks to do. The defendants have twenty-one days within which to file an appeal of the ruling. Marion Ali for News Five.
In March 2023, the Government of Belize announced its decision to launch a Commission of Inquiry with the explanation that it was to modernize the sugar industry. The decision came after the Belize Sugar Cane Farmers Association and A.S.R/B.S.I made presentations to the government. While the B.S.C.F.A has welcomed the idea of the inquiry, the other party hasn’t. Today, the attorney for A.S.R/B.S.I., Senior Counsel Godfrey Smith, told reporters that he views the Commission of Inquiry as having the same over-reaching purpose and intent as the amended Sugar Industry Import/Export Regulation.
Godfrey Smith, S.C., Attorney for B.S.I
“I view this intended Commission of Inquiry in almost the same vein as the just struck down regulation. The regulations claim to be innocuous, simple regulations for regulating industry. In reality, it was a disguise to cover an attempt for digging to be a size business, we say. Similarly, it has my beliefs, and I stand to be corrected when I see the final truth. of reference that the purpose of that commission of inquiry will be for the same thing to dig into BSI’s guts, get it to produce all its sensitive commercial information for one purpose and one purpose only, which is to aid the BSEFA in its commercial dispute with BSI. And that would be a wholly inappropriate, wrongheaded and improper use of the power to issue of a commission of inquiry. BSI is a private commercial entity and the cane farmers associations, each of them – this isn’t a public association. These are – it’s owned by the cane farmers. They work their plot of land, the money they get goes into their pockets. It doesn’t go into any consolidated revenue fund or any public fund that would require the government to say, look, this is a deeply-public problem, and therefore, a commission of inquiry is necessary. So it’s going to be, in my view, an attempt to get at what it can’t otherwise get at. And if that is the case, then certainly I would be advising BSI that it must challenge the issuance of that commission of inquiry immediately as it is issued.”{
The Belize Sugar Cane Farmers Association is demanding that the Briceño administration fast-track the work of the sugar industry’s commission of inquiry. The agreed deadline for the commission to be established and its investigation to commence has passed. Well, Prime Minister John Briceño says he has already explained the hold up to the B.S.C.F.A. Here is what he told us.
Prime Minister John Briceño
Prime Minister John Briceño
“I think the BSCFA if they and I have explained it to them, if they want to be fair, they would understand why it has not happened. It so happened that when the terms of the commission was presented, the minister in his haste to try to get this done quickly, there was not consultations with BSI and the three other associations. There were only consultations with the BSCFA. So the commission of inquiry is headed by the prime minister. It is my responsibility to ensure there are proper consultations by everyone. If you do not have proper consultations then you could have one of the associations or BSI not participate and if they do not participate then it is going to be a waste of time and money. We have contacted the two persons from Brazil that has done similar work in El Salvador and we are in the process of being able to sign a contract with them to be able to work with the other two person that are coming in. So we are working on that. It is of no use to call the commission of inquiry and nobody participates. It is a waste of time.”
We received a brief statement from the prime minister on the High Court’s ruling in relation to the Sugar Import/ Export Regulations. Prime Minister Briceño says he is not surprised by the ruling. He added that the government will adhere to the court’s decision.
Prime Minister John Briceño
“I have not gotten a chance to read the report, but to be honest with you I am not surprised. And that was some of the concerns we raised. And so, we will follow the law and if the law says it is unconstitutional then we will make the necessary amends.”
Recently, the government of Costa Rica issued a state of emergency after two hundred and three cases of screwworm were detected among various animals such as cattle, horses, pigs, sheep and dogs. Screwworms are a species of parasitic fly that is well known for the way in which its larvae eat the living tissue of warm-blooded animals. The recent breakout originated but has since moved upward to Costa Rica, leaving some to wonder if this will have any effects on Belize’s cattle Industry. We spoke with Minister of Agriculture, Jose Mai for more Information. News Five’s Britney Gordon Reports.
Britney Gordon, Reporting
Belize’s cattle industry has been on the rise for the past few years, increasing a reported 21.4 percent between 2022 and 2023. This generated over seventy million, five hundred thousand dollars in revenue. Belizean cattle is also certified disease-free, but a recent outbreak of screwworm detected in Panama and Costa Rica has raised concerned about the security of the cattle industry. Minister of Agriculture, Jose Mai, briefed us on the situation.
Jose Abelardo Mai
Jose Abelardo Mai, Minister of Agriculture
“Last year, October, I think it was that, cases of Screwworms showed up in Panama. I believe it Screwworms were eradicated from Belize in 1993, I think it was. I was a member of the technical staff that worked then eradicating squirrels from Belize. So we eradicated Screwworms in nineties, ninety-three, I think, nine-two, ninety-three. Thereafter, Guatemala eradicated, Salvador all the way down to Panama. There’s a natural barrier between Panama and Colombia where the flies don’t come over. But for some reason or the other, last year they claim climate change and they claim the migration of people from South America into North, into Central America. They claim that that must have been the reason why we found the screwworm flies now in Panama. From Panama it then spilled over to Costa Rica. Panama right now has more than a thousand cases, I think. Costa Rica has a number of cases. I think they found two hundred and two last week. And they, actually they made a declaration, an emergency declaration, that they’re having Screwworms”.
Mai further stated that countries that have invested heavily in cattle such as Mexico, the United States, Belize, and Guatemala are especially concerned about the outbreak due to the risk of significant economic damage to the industry.
Jose Abelardo Mai
“But every country in Central America through ORISA, which is the Regional Organization for animal and Plant Health, are working together to put a plan to try to contain the spread of this pest. Now, you will probably know that the way how screwworms are controlled is by releasing sterile flies. There is a plant in Panama that produces sterile flies and then these are spread across the areas that have incidences and when they mate with the fertile flies, then the eggs do not hatch, so you break the cycle. But we understand that there’s not enough flies to disperse in the area. Hence we are having increased cases of worms. So it is a concern for all of us. We have stepped up our surveillance programs. We do not allow cattle or any animals to come into the country because they can be infected. And so the movement of animals across the region is slowing down. It’s being watched carefully. So we have stepped up our game to that.”
We also spoke with Roxanna Alvarez, Chief Veterinary Officer & Technical Director of Animal Health of BAHA, who gave further insight into Belize’s current preventative measures.
Roxanna Alvarez
Roxanna Alvarez, Chief Veterinary Officer & Technical Director of Animal Health, BAHA
“What we’ve been doing is that we’ve been sending regular press releases out to remind the public of animal health emergencies. We’ve been encouraging farmers and producers through their association groups that they need to report cases of masses. This is actually when there is an infestation of a wound by larvae. So we’re asking farmers to repeat report cases of this to their local livestock officers or to our BAHA offices. So, we’ve started that process already. We’ve also been working at training our field officers and our laboratory officers in identification in prevention and treatment and all of this of the screwworm and we’re participating in regional workshops on the response to these emergencies.”
Mai explained that sterile flies are a key part of containing the outbreak and neighboring countries are pooling resources in order to ensure that every nation is equipped.
Jose Abelardo Mai
“Now, there is a call from Mexico to us, to help in financing the cost of dispersing flies. It’s not a cheap operation to produce the flies and to disperse. Mexico has asked us to I believe we will have to every region, every country in the region will have to add some kind of resource in no specific quantities, but we have to just contribute to controlling the outbreak. If we don’t do so today, it will be even more expensive in the next year or so. So we will step up our game quick and do it very fast.”
