By Dylan Vernon, TIME COME #4, 15 November 2023)
Although there is near universal agreement that the Preamble is the cornerstone of the Constitution of Belize, some are sceptical on its practical utility. Is it purely a set of aspirational declarations? Is it obligatory and legally-binding on its own merit? Can it only be used by courts to help interpret the rest of the Constitution? Should it be left as is or should it be amended? These are some of the questions that the People’s Constitution Commission will likely consider in reviewing the Preamble and they are the focus of this Time Come post.
What Did the Framers Intend?
Let’s first set the background by exploring the intent of the framers of the Independence Constitution. During the public consultations by the Joint Select Committee (JSC) of the National Assembly on the White Paper on the Proposals of the Government of Belize on the Independence Constitution, several citizens sought clarity on what the Preamble, as drafted, would mean in practice for them in an independent Belize.
For example, in the very first public consultation in Punta Gorda, Toledo on 16 February 1981, a question from Timothy Bardalez, on whether the Constitution would help advance social welfare, prompted several interventions on the draft Preamble.… Read the rest...
Whereas the people of Belize — affirm that the Nation of Belize shall be founded upon principles which…[the people of Belize] desire that their society shall reflect and enjoy the above-mentioned principles, beliefs and needs and that their Constitution should therefore enshrine and make provisions for ensuring the achievement for the same in Belize. (Excerpt, Preamble, Constitution of Belize).
“Well, you better listen my sisters and brothers
As one of the citizens who signed the Oceana Belize petition, I welcome the passage of the Bill by the House of Representatives on 13 October 2023 to amend the Referendum Act. When passed by the Senate, the amendment will ensure that Belizeans are consulted by referendum before any move to change or repeal the moratorium placed on offshore oil and natural gas exploration and petroleum operations. Recalling that the original referendum petition called for a constitutional amendment to require a referendum for changing the offshore moratorium, it is a good time to start a national discussion on environmental rights in the Belize Constitution.
So, were the people of Belize consulted on the first full draft or any other draft of their own Independence Constitution? Some certainly advocated to be consulted. Given that there were no public consultations on the