The Ministry of Home Affairs and the Belize Police Department will not simply push for amendments to the Constitution for stiffer laws for gang and gun violence. Today, Commissioner Williams told reporters that during the ninety-day State of Emergency, they will conduct mediation sessions with the youths who are locked at the Belize Central Prison during this period.
Chester Williams
Chester Williams, Commissioner of Police
“Next week we will commence intervention and mediation sessions at the Kolbe Foundation. That will be led by Mr Nuri Mohammed. The intention is for him to go in twice a week to meet with them in smaller groups and then see how we can eventually expand the groups. That will be done for the three-month period of the SOE. Again, the objective is not to just have them locked up in prison but also to have them resolve whatever issues or conflicts that they may have, so hopefully it is going to bear good fruits. In terms of the persons who are still wanted by the police, some of them may have left the country, some of them may be hiding in other parts of the country, but we’re hoping that the public is going to assist us in rooting them out from where they may be.”
As it relates to the crime of cyberbullying, Commissioner Williams said it appears that some individuals do not grasp what the cyberbullying law stipulates and what is punishable by law. He says that if you receive data and or images virtually and share it, you are breaking the law.
Chester Williams, Commissioner of Police
“People seemingly are not getting the effect of the cyber bullying legislation. Some people believe that if they receive and it is forward that they are not in violation, but the law speaks to either creating, publishing, or sharing. So if you receive it and you further share it, then you also commit the offense of cyberbullying. And it can be a video, a photograph, or even text, it’s cyberbullying. So long as it is done with the intention to intimidate or to subject the person to public humiliation or embarrassment. And when you look at the content of the photographs and video footages, even some comments that some people post, it has certainly been done with intent to subject those persons to public ridicule and embarrassment. So it falls within the limits of cyberbullying.”
Reporter
“But still a complaint would have to be made?”
Chester Williams
“Yes, a complaint would have to be made by the persons whom the post would affect.”
The House of Representatives met today in regular session and one of the main highlights of the proceedings was the presentation of a Disabilities Bill. The bill seeks to promote, protect and ensure the full and equal privileges, rights, interests, benefits and treatment of persons with disabilities. It calls for the establishment a National Commission for Persons with Disabilities and a Disabilities and Equal Opportunities Rights Tribunal. Minister of Human Development, Dolores Balderamos-Garcia presented the proposed piece of legislation.
Dolores Balderamos-Garcia
Dolores Balderamos-Garcia, Minister of Human Development
“Madam Speaker I will try to be brief because we did give some information at the first reading of this bill. And I do sit here, humbly, this afternoon, to continue to urge that we pass this Disabilities Bill today. It will establish the National Commission for Persons with Disabilities, and it will have In addition to government representation, it will have representatives from the Belize Chamber of Commerce and Industry, the Social Security Board, the National Trade Union Congress, civil society organizations, and also the ex officio member of the National Commission for Persons with Disabilities, and our C.E.O. of Human Development will chair the commission. We also want to mention at this second reading, Madam Speaker, that the functions of the commission will various. Please allow me, once more, to read it into the record. It will oversee the implementation of the policy to give special attention to persons with disabilities. It will make recommendations to the government. It will coordinate and monitor the implementation of the said policy. It will monitor our compliance with the United Nations Convention and do monitoring and evaluation on the impact of our policy. It will recommend changes to existing laws, support the development of relevant programs, collect and record important data. promote and foster capacity development, promote and coordinate the employment of persons living with disabilities, produce annual reports. Address grievances. And maintain, importantly, maintain a register of persons living with disabilities.”
The bill received the support of Prime Minister John Briceno, as well as from the ministers of Education, Francis Fonseca and Labour, Oscar Requena. All these officials made references to either their own relatives or an associate who had a disability and believe the bill will be beneficial to people like their loved ones. The bill’s popularity came when Opposition Leader, Moses “Shyne” Barrow
also supported the bill and paid compliments to Marshall Nunez, who is the Disability Desk Coordinator in the Ministry of Human Development. Even as Barrow acknowledged Nunez, however, he wished the Opposition was included more in the decision-making process.
Moses “Shyne” Barrow
Moses “Shyne” Barrow, Leader of the Opposition
“I must applaud Marshall Nunez who is the champion behind the Disabilities Bill. I know that he worked exhaustively on this. He has been one of the premier advocates for people with disabilities. It is a very ambitious bill. But I am never one to shy away from having revolutionary ambitions, but I do applaud Marshall Nunez, who is the champion behind this. And so this is one thing that we can support. And we do hope that the government will do everything to assist in meeting these very ambitious targets. But one of the criticisms we have is the lack of representation of the Opposition on these commissions, on these boards. It makes no sense for continuity, for democracy, for diversity. to exclude the Opposition. And remember, this is a government that said they would be different. They said they would be able transparency on good governance, so why is it that you can’t have the Opposition on these very important boards for continuity, so it is when we become government because governments change in a democracy, we can be seized of all that is happening in these different places.”
The Freedom of the Press refers to the right to report news or circulate information without censorship from the government. In a democratic society, the media, often described as the fourth estate, carries the mandate of holding governments accountable. However, in a recent cabinet meeting, a piece of legislation was approved for submission that seeks to criminalize the unauthorized publication or disclosure of videos, photos or statements that are part of an ongoing criminal investigation, which may endanger the lives of witnesses or compromise the integrity of an investigation. If approved, will this legislation hinder the freedom of the press in the country? How will this affect the landscape of reporting in Belize. News Five’s Britney Gordon explores those questions in this week’s Five-point Breakdown. Here is that report.
Britney Gordon, Reporting
The role of the media is to relay accurate information to the public, acting as a forum for the discussion of important issues and to point a critical lens at the government and other institutions. It is through the media that the public becomes aware of the daily injustices occurring around them that would otherwise fly under the radar. In a recent case, a video depicting a child being abused by his stepfather was circulated online, sparking public outrage. The police were swift to apprehend the perpetrator, who was prosecuted by Commissioner of Police, Chester Williams. Every day, videos, pictures, and testimonies with stories like these are shared to the media with the intention of creating a mouthpiece for the truth.
THE ROLE OF THE MEDIA
Chester Williams
Chester Williams, Commissioner of Police
“I can’t say what I want to say publicly but when I first saw the video, the first thing came to my mind was, is this really Belize? That’s the first thing that came to my mind. And then the next thing that came to my mind, is this actually a person? Is this person a man? I don’t know, but the level of abuse that thing I put for that child is disgusting and it should be condemned in its greatest term. No child should be subjecting to such abuse.”
However, there is a change looming. Recently, the cabinet approved the submission of legislation that seeks to criminalize the publication of videos, photos or statements that are part of an ongoing investigation. Minister of Home Affairs Kareem Musa said that this legislation aims to protect the lives of witnesses and avoid compromising ongoing investigations.
THE LEGISLATION
Kareem Musa
Kareem Musa, Minister of Home Affairs
“Like I said, many times these things make their rounds on social media and mainstream media even before police officers arrive at the scene. And so we have to be very mindful and understanding of that because yes, the media is smart enough to know that particular video will be the subject of a criminal investigation because you can see the perpetrators in that particular video. But I think move, like I said, moving forward from the point of an investigator coming on the scene and investigating a particular crime. If it is that video footage is a critical part of the evidence forms a critical part of the evidence, then a classification will have to be made on a notice put out to the media and to other individuals that this video ought not to be circulated.”
The announcement of this legislation raised eyebrows among several members of the media, who use these videos to tell the stories that the public have the right to hear and see. Former police corporal Elmer Nah will stand trial for a triple-murder committed in 2022. The New Year’s Eve incident swept through the nation, as there was surveillance footage capturing the moment just before the deadly shootings occurred. Without this footage, much of the story would have been lost. Several in-house systems already exist within media to avoid compromising ongoing investigations. Isani Cayetano, Channel Five’s News Director, shares his concerns about the proposed classification system.
A CAUSE FOR CONCERN
Isani Cayetano
Isani Cayetano, News Director, Channel 5
“The primary concern that I would have and I would presume that my colleagues in the media would have is one, the protection of sources, particularly when they provide sensitive information to us for our respective newscasts or for the publications that are either weekly or biweekly. I think being able to have the kind of confidence in our sources and the ease for them to be able to share information with us is paramount. When you look at what the proposed amendment seeks to do, the question is whether that impinges on our freedom to exchange information.”
This concern is reaffirmed by News Director Jules Vasquez, who says that it is something that must be carefully examined before it is approved.
“It does portend to have a chilling effect because once you penalize the dissemination of information, especially pictures and video, you are starting to get into a very, to me, a very shady area or a very suspect area that could have an effect or could act as a fetter on the freedom of the press and anything that threatens to do that. We have to oppose my specific concern with it is that many times we receive videos or surveillance videos or pictures of certain crime situations. And you know, you operate in a newsroom we use our very deliberate judgment to protect witnesses, to protect children, to protect the innocent, et cetera.”
PROTECTING CITIZENS
Ensuring the safety of the public is a primary concern for the media which is why there are regulations set by the Belize Broadcasting Authority. Louis Wade, who sits on the board, told us that the problem is not solely with the media.
Louis Wade
Louis Wade, Board Member, Belize Broadcasting Authority
“When the media looks at a particular story, most of the journalist are already trained on how to put that story forward to ensure that we do not tamper with any process that is in the court or we do put the life of witnesses at risk. However, the media plays a very important role on behalf of the government or police, but on behalf of the people because the people have a right to know.”
FREEDOM OF THE PRESS
Belize’s constitution currently does not include a freedom of the press act, but the does protect the freedom of expression which permits the communication of ideas and information without interference. However, it further states that provisions are made to protect the lives and rights off those involved with legal proceedings. Darrell Bradley, attorney at law spoke with us about how a legislation like this can be drafted without infringing on the freedom of the press.
Darrell Bradley
Darrell Bradley, Attorney at Law
“There’s nothing in principle that is wrong with wanting to protect witnesses and wanting to protect information that may damage or cause any kind of safety concerns to a particular witness. But you want that to be limited because you want to ensure that the laws are not used in a way that would promote censorship.”
We told you about the Ministry of Home Affairs plans to amend the criminal code, criminalizing the dissemination of photos, videos, and statements that make up part of a criminal investigation. Last week, Minister of Home Affairs, Kareem Musa sat down with the media to explain what the intentions of the legislation are. This, however, was not received well, as many members of the media fear that that the amendment imposes on the freedom of the press. This concern was reaffirmed by the opposition earlier today, which released a statement condemning the amendment. Minister of Minister of Foreign Affairs, Francis Fonseca was asked about the amendment, which he agreed, was a cause for concern.
Francis Fonseca
Francis Fonseca, Minister of Foreign Affairs
“I think it came obviously from the Ministry of Home Affairs. The minister, I think is obviously best place to respond to that question. I know we had a discussion about it in cabinet. I raised the issue of the press, freedom of the press and what impact it would have on the press and the minister assured me that he felt comfortable that it would not and that certainty that there would be an opportunity, if any issues arose, in terms of concerns from the press that he would make an effort to address those issues. So I’m comfortable with that at this point. But I think it’s legitimate for the press to be concerned about that issue, I think it’s justified. Because your job is to ensure that there is accountability, transparency, you want as much information as possible in good faith.”
Dolores Balderamos-Garcia, the Minister of Human Development, introduced a historic bill in the House of Representatives on Thursday. The Disabilities Bill has been in the works for the past thirteen years. Once it passes through the lower and upper houses, persons living with disabilities will have legislation that empowers them to have full and equal enjoyment of rights, privileges and benefits afforded by the Constitution of Belize. Here is more from Minister Garcia.
Dolores Balderamos Garcia, Minister of Human Development
“We ratified the convention in 2011. Imagine we are here thirteen years later doing what we need to do. But the fact is nothing happened before its time, and now is the time to make this happen. We want to put in place appropriate legislative and administrative measures for the implementation of the rights that are recognized in the convention. And this legislation will directly provide for the safeguarding of the constitutional rights that have been absent in the existing legislation, but which are applicable to persons with disabilities. If I am correct, persons living with disabilities represent approximately fifteen percent of our population. Let’s think about that. And their ability to enjoy a standard of living comparable to the rest of society is largely governed by the ability of caregivers to make necessary adjustments and sacrifices, often at high costs and to the detriment of employment opportunities which can prevent socioeconomic growth. The state’s role in providing resources and services to persons with disabilities is globally recognized as a crucial part of any national social protection system. However, the responsibility must be borne by all levels of society. A robust legislative framework governing the rights of persons with disabilities is required to appropriately allocate responsibilities across main actors in the area and close existing gaps in data collection and resource mobilization.”
The House of Representatives is scheduled to meet in special sitting on May thirtieth. High on the agenda is the introduction of a Redistricting Proposal Bill. As we reported earlier this week, the Belize Peace Movement was before the High Court in a matter that involves a consent order to be carried out by Elections and Boundaries. When we caught up with him this afternoon, attorney Arthur Saldivar spoke about the latest developments in parliament, in light of the ongoing legal matter.
Arthur Saldivar
Arthur Saldivar, Attorney-at-law
“I am thankful that the parliamentarians, the sitting administration has seen it fit to move this along. It is an important step and we look forward to hearing the results of the debate. We want to have free and fair elections in Belize and it gives me hope to be able to appreciate that the parliament is now taking on the mantle and advancing this. There is hope for Belize.”
Reporter
“How do you look at that, once it goes through parliament and it’s been shot down, it has to be done over?”
Arthur Saldivar
“Yes, it has to be done over because again, what was being proposed prior to the tabling was for Election and Boundaries to withdraw that proposal and redo it, but suffice it to say now that parliament has elected to proceed with it through to a debate and we will see how that washes out. I am not privy to the inner sanctums of the decision making of parliament like yourself. I’ve lost my wings, so I don’t know before hand how this debate will turn out, but I do expect, given what I have read, that it doesn’t past muster.”
A new piece of law regarding solar energy is raising serious concerns among stakeholders in that sector, including the Belize Solar Industry Alliance. Today, the BSIA brought forward several issues that it has with the solar legislation and argues that it flies in the face of Belize Electricity Limited’s mission statement. News Five spoke with Jeremiah Allen, a member of the Belize Solar Industry Alliance.
Jeremiah Allen
Jeremiah Allen, Belize Solar Industry Alliance
“BEL’s mission statement is as follows, I want to read it for you, I think it’s a good place to start. It says we deliver safe, reliable, sustainable energy solutions to enhance the quality of life and the productivity of enterprise and to support national development. So BSIA feels like, that BEL and PUC’s new legislation that was just introduced isn’t achieving these goals, this mission, as well as it should be and we want to ask them to come back to the table, let’s negotiate the terms and move forward together. The current legislation, in its current form has several different issues, the biggest of which is just the economic proposition that it offers for the investors, whether they’re individual homeowners or industries and businesses who want to invest in solar there needs to be an economic incentive to do so and this legislation effectively discourages that. There are many Belizeans who have wanted to invest in solar but because of the uncertainties in an unregulated environment, they have held off for now. With this new legislation discourages or disincentivizes investors in that the economics of it often don’t play very well to an investor. The economic modeling often puts the return on investments into the ten-plus year range, depending on the system size. Part of the difficulty is that calculating a return on the investment is very difficult because of the uncertainty of the fees associated under this new regulation. It’s been about nine months now since the PUC has opened up public discourse and we had been involved that entire time. We have gone and we have voiced our opinions. We have gone in private meetings and had off-the-record discussions and we feel like our voices are falling on deaf ears. Our suggestions have not been heard and this is evidenced by the fact that nothing has changed from the draft legislation that we saw nine months ago to the legislation that was implemented last month. As part of Belize Solar Industry Alliance, there are twelve business organizations that have large installations who have in excess of three to five thousand kilowatt hours per day that they could be feeding into the grid right now but they’re not. With the flick of a switch, they could be providing power into the grid, providing power for more than two hundred and fifty homes right here in Belize. It’s available, it’s installed, they want to supply it. All we need is a good regulatory framework which incentivizes that to happen.”
Attorney Orson ‘OJ’ Elrington returned to court on Wednesday for a matter in which he is accused of sexual assault, stemming from an incident that occurred back in January. When the matter was called up at nine a.m., Elrington was absent, despite the fact that his attorneys, Senior Counsel Hubert Elrington and Norman Rodriguez were present. When he arrived half an hour later, Elrington apologized to the court. DPP Cheryl Lynn Vidal appeared on behalf of the crown and informed the court that she was seeking an adjournment for May thirtieth. Following the adjournment, attorney Rodriguez spoke with the court reporter.
Norman Rodriguez
Norman Rodriguez, Attorney-at-law
“Well today was set for the service of disclosure. The prosecution is not ready with that so Madam DPP requested a short adjournment to the thirtieth of May when the disclosure will be served on us and our client. That’s basically what happened today in court. There was no indication but Madam is chief when it comes to prosecution, so she can appear at any time and that is part of the process that we must abide by. …It’s eight weeks or two months, pursuant to the criminal procedures rules.”
