REPORT
OF THE

BELIZE

CONSTITUTIONAL

CONFERENCE

Marlborough House, London
6-14 April 1981

Published by the Beliza Government

APRIL 1981

Report Of The Belize Constitutional

Conference Held At Marlborough House

In London In April 1981

1. The Conference met at Marlborough House and held 18 Plenary

Sessions between 6 and 14 April. A list of delegates, officials

and advisers who took part in the Conference is at Annex A. An

invitation to attend the Conference was extended to the Leader

of the Belizean Opposition and representatives of the United

Democratic Party but this was declined. 'The Minister of State,

Mr Nicholas Ridley, presidedat the opening session and some of

the Plenary Sessions. At the other Plenary Sessions the Chair

was taken by the Alternate Chairman, Mr John Hickman.

2. At the opening session speeches were made by Mr Ridley and

by Mr Rogers, the Deputy Premier of Belize. The text of these

speeches is at Annex B.

The Constitution for an Independent Belize

5. The Conference had before it a White Paper issued by the

Government of Belize containing "Proposed Terms of a Constitution

for the Independent Belize" and the Report of a Joint Select

Committee set up by both Houses of the Belize Legislature to

which the White Paper had been referred and which had been

directed to canvass the opinions of the Belizean people. The

Committee met and received oral and written evidence in all

district towns of Belize. The Report, which recommended a

number of amendments to the proposals in the White Paper, was

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adopted by the House of Representatives on 27 March. Evidence

submitted to the Committee was made available to the Conference.

4. Arising from the convening of the Constitutional Conference,

a number of Belizean organizations and individuals addressed

submissions to Her Majesty's Government. These were also formally

tabled and, to the extent that they were relevant to the

formulation of an Independence Constitution, were taken into

consideration by the Conference. A list of these submissions

is given at Annex C.

5. The conclusions of the Conference were as follows.

Preamble

6. The Constitution shall set out, in a Preamble, principles

which are desirable national gcals and which may be referred to

for purposes of interpretation. The proposed Preamble is at

Annex D.

Character of the Country and Head of State

7. On independence Belize shall become a sovereign democratic

State of Central America in the Caribbean Region. It shall

comprise the territories which have hitherto constituted the

Colony of Belize, including all Cays and other islands, and

waters, forming part of the Colony. These territories shall be

more precisely described in the Constitution.

8. Belize shall become a constitutional monarchy with The Queen

as Head of State. The Queen shall be represented in Belize by

a Governor-General, who shall be a citizen of Belize appointed

by The Queen after consultation with the Prime Minister of Belize.

9. The Constitution shall be the supreme law of Belize. Any

law inconsistent therewith shall be void to the extent of the

inconsistency.

Human Rights and Fundamental Freedoms

10. The Constitution shall include a comprehensive section on

human rights and freedoms, elaborating the general principles

set out in the White Paper. and drawing as appropriate on the UN

Covenants on Civil and Political Rights and on Economic Social

and Cultural Rights, and on other Commonwealth Constitutions

(particularly those of Caribbean countries).

11. The human rights and fundamental freedoms protected by the

Constitution will be:

a. Protection of the Right to Life;

Protection

Protection

Protection

Protection

Protection

Protection

Protection

Protection

Protection

Protection

of the Right to Personal Liberty;

of the Law;

from Inhuman Treatment;

from Forced Labour;

against Arbitrary Search or Entry;

of Freedom of Movement;

of Freedom of Conscience;

of Freedom of Expression;

of Freedom of Assembly and Association;

of Right to Privacy;

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1. Protection of Freedom to pursue Profession or

Occupation;

m. Protection from Discrimination;

n. Protection from Deprivation of Property.

These rights and freedoms shall be defined and qualified in such

a way as to ensure that the enjoyment of them by one individual

does not.prejudice the rights and freedoms of another nor damage

the public interest.

12. For the removal of doubt, every citizen shall have access to

the Supreme Court of Judicature, and that Court shall have

jurisdiction to hear and make such order as is appropriate to grant

redress where a person alleges that one of his human rights or

fundamental freedoms is violated or is about to be violated.

From the Supreme Court, a right of appeal shall lie to the Court

of Appeal and thence to the Privy Council.

Public Emergencies

13. The provisions protecting Human Rights and Fundamental

Freedoms shall be especially entrenched. However, laws passed

during a period of public emergency may, if reasonably justified

for the purpose of dealing with the situation that exists during

the period, derogate from those provisions, other than paragraphs

11(a), (d) and (h).

14. A period of public emergency shall exist when:

a. Belize is engaged in any war;

b. there is in force a Proclamation by the

.Governor-General declaring that a state of

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public emergency exists;

c. there is in force a resolution of both Houses

of the Legislature, in the House:of Representatives

passed by a majority of two-thirds of members

present and voting, declaring that democratic

institutions in Belize are threatened by subversion.

15. Proclamations of a state of emergency by the-Governor-General

may be made if he is satisfied (a) of the imminence of a state of

war or that an emergency exists as a result of a hurricane, flood,

earthquake, fire, outbreak of pestilence or infectious disease,

or other calamity; (b) that action or the threat of action by any

person is of such a nature or on so extensive a scale as to

endanger the public safety or deprives the community, or a

substantial portion thereof, of supplies or services essential

to life. Such a proclamation shall remain in force for a period

not exceeding one month unless previously revoked or extended by

the legislature.

16. A resolution by the legislature under paragraph 14(c) shall

not last longer than two months in the first instance, and may be

extended for successive periods of two months.

Protection of Existing Laws

17. The laws existing and in force in Belize at the commencement

of the Constitution shall, for- a period of five years,-not be open

to challenge on grounds of inconsistency with the provisions

protecting Human Rights and Fundamental Freedoms.

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CITIZENSHIP

18. The following categories of person, being citizens of the

UK and Colonies immediately before the day of independence,

shall automatically become citizens of Belize on the day of

independence:-

(i) citizens -of the UK and Colonies born in Belize;

(ii). citizens of the UK and Colonies born outside

Belize, one of whose parents was born in Belize;

(iii) citizens of the UK and Colonies born outside

Belize, one of whose grandparents was born in

Belize, provided they have no other citizenship;

(iv) citizens of the UK and Colonies registered or

naturalised as such in Belize;

(v) citizens of the UK and Colonies, one of whose

parents was registered or naturalised as such in

Belize;

(vi) citizens of the UK and Colonies, one of whose

grandparents was registered or naturalised as

such in Belize, provided they have no other

citizenship;

(vii) women who became citizens of the UK and Colonies

by virtue of marriage to any person falling within

any of categories (i)-(vi) above.

19. With effect from the day of independence, the following

persons may upon application be registered as a citizen of

Belize:

a. the spouse of a Belizean citizen;

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b. any other person who has been resident continuously

in Belize for a period of five years (whether before

or after independence) immediately prior to the day

of making application.

20. On and after the day of independence every person born in

Belize shall become a Belizean citizen at the date of his birth

save for children of persons with diplomatic immunity or of

enemy aliens during a period of hostile occupation. Moreover,

a person born of a citizen of Belize, who acquired that citizen-

ship otherwise than:by descent, shall become a Belizean citizen

on the date of his birtn.

21. Any person who is a Belizean citizen shall forfeit such

citizenship by any voluntary act (other than marriage) by

which he acquires a citizenship other than Belizean.

22. The Constitution will contain a provision enabling the

National Assembly to provide by law for such matters as the

acquisition of citizenship by persons who are not eligible to

become citizens under the Constitution, the deprivation of

citizenship, and the renunciation of citizenship.

PUBLIC OFFICES AND INSTITUTIONS

23. It was agreed that in general and except-when indicated

otherwise Belize should retain the institutions and procedures

of the existing democratic system to which Belizeans are

accustomed and which has served Belize well. Therefore, in

elaborating the relevant sections of the Constitution the

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language of the present Constitution will in general be

followed. In certain respects it was agreed that procedural

provisions found in the Constitutions of many independent

Commonwealth countries, especially those in the Caribbean,

could be adapted for Belize.

THE GOVERNOR-GENERAL

24. The Governor-General shall be The Queen's representative

in Belize.

Exercise of Governor-General's Powers

25. In the exercise of his functions, the Governor-General

shall act in accordance with the advice of Cabinet or a

Minister acting under the general authority of Cabinet except

in cases where the Constitution or any law requires him to

act on the advice of any other person or authority.

26. He shall act in his own deliberate judgment in the

appointments of Prime Minister and Leader of the Opposition

and the revocation of such appointments and in any other

cases as the Constitution or any other law provides.

THE EXECUTIVE

Cabinet

27. The Cabinet shall be the principal instrument of policy

with general direction and control of the Government of Belize

and shall be collectively responsible to the National Assembly

for all things done by or under the authority of any Minister

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in the execution of his office. It shall consist of the

Prime Minister and such number of Ministers as may be appointed

by the Governor-General.

Prime Minister and Ministers

28. The Governor-General shall appoint as Prime Minister the

member of-the House of Representatives who is- the leader of

the Party that commands the support of the majority of the

members of that House. In the event that no party has an

undisputed majority, he shall appoint the member who is most

likely to command the support of the majority of members of
0 *
the House.

29. The Governor-General on the advice of the Prime Minister

shall appoint Ministers responsible for any business of Government

including responsibility for any department of Government from

among members of the House of Representatives or the Senate,

except the persons holding the office of Speaker of the House

of Representatives and the President of the Senate. Where a

Minister has been charged with responsibility for departments

or subjects of Government the Minister shall exercise general

direction arid control over the departments or institutions

relating to the subjects in his portfolio. A Minister may

also be designated Deputy Prime Minister to whom the functions

of the Prime Minister may be deputed from time to time by the

Prime Minister. The Minister of Finance shall be a member of

the House of Representatives.

30. The Attorney-General, who must have been qualified for

at least five years to practise as an advocate, shall be the

principal legal adviser to the Government of Belize and shall

also be responsible for the administration of legal affairs in

the country. Legal proceedings for or against the State shall

be taken, in the case of civil proceedings, in the name of

the Attoriey-General and, in the case of criminal proceedings,

in the name of the Crown.

Tenure of Office

31. If the House of Representatives passes a motion declaring

that it has no confidence in the Prime Minister, the Governor-

General shall remove the Prime Minister from office if the

Prime Minister does not within seven days either resign or

advise the Governor-General to dissolve the National Assembly.

32. The Prime Minister shall also vacate his office if he is

informed by the Governor-General that he is about to re-appoint

him as Prime Minister or to appoint another person as Prime

Minister, or if for any reason other than a dissolution the

Prime Minister ceases to be a member of the House of

Representatives.

33. The office of every Minister shall become vacant upon

the appointment or re-appointment of any person to the office

of Prime Minister; if the Prime Minister resigns or is removed

under paragraph 31; if his appointment is revoked by the

Governor-General on the advice of the Prime Minister; if for

any reason other than a dissolution of the National Assembly

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he ceases to bea member of the House of which he was a member

when he was appointed Minister; if after a general election

he is not a member of the House; or if for any.other reason

he is required to cease to exercise any of his functions as a

member of either House.

34. Whenever the Prime Minister is unable to perform his

functions by reason of illness or absence from Belize, the

Governor-General may authorise any other Minister to perform

the functions of the Prime Minister. This power shall be

exercised by the Governor-General on the .advice of the Prime

Minister, but in the event that it is impracticable to obtain

such advice owing.to the Prime Minister's illness or absence,

the Governor-General shall act in his own deliberate judgment.

35. There shall be provision for the appointment of Deputy

Ministers and temporary Ministers.

36. The Prime Minister shall so far as is practicable attend

and preside at all Cabinet meetings, and in his absence any

other Minister that he appoints shall preside.

Leader of the Opposition

37. Except at times when there are no members of the House

of Representatives who do.not support the Government,..there

shall be a Leader of the Opposition who shall be appointed

by the Governor-General.. He shall be the member of the House

of Representatives who, in the deliberate judgment of the

Governor-Oeneral, is best able to command support of a majority

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of those members who do not support the Government, or if

there is no such person, the member who commands the support

of the largest single group of members opposed to the

Government.

38. -The Leader of the Opposition shall vacate his office if

for any reason, other than a dissolution of the National

Assembly, he ceases to beamember of the House of Represent-

atives; if he is required to cease to perform his functions

as a member of the House; if after a general election he is

no longer a member of the House; or if his appointment is

revoked by the Governor-General because he is no longer able

to command the support required for his appointment.

Permanent Secretaries

39. The office of Permanent Secretary shall be a public office.

He shall be responsible for the supervision of any department

or institution of Government assigned to him. Two or more

Government departments or institutions may be placed under the

supervision of one Permanent Secretary.

The Belize Advisory Council

40. There shall be a Belize Advisory Council which shall consist

of a minimum of six members appointed by the Governor-General,

four or more on the advice of the Prime Minister after consulting

the Leaderof the Opposition, and two on the advice of the Prime

Minister with the .concurrence of the Leader of the Opposition.

All the members of the Advisory Council must be citizens

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of Belize (except as may be necessary in respect of serving

or retired Judges) and must be persons of integrity and

high national standing. The membership of the Advisory

Council shall include at least two members who hold or have

held public office of high standing; one serving or retired

Judge of a Superior Court of Record; and one person who is

an eminent-,member of a recognized profession in Belize.

41. The office of a member shall become vacant at the expiration

of 10 years or such earlier period as may be specified in the

instrument of his appointment; when he attains the age of

75 years; if he resigns; or if by a two-thirds majority of the

House of Representatives he is declared unable to perform his

functions as a member of the Council by reason of his absence

or infirmity of body or mind or by reason of a breach of

paragraph 106.

42. One of the Council's functions shall be to advise the

Governor-General on the exercise of the royal prerogative of

mercy. Other functions and duties of the Council shall be

those conferred or imposed upon it under the Constitution

or any other law. In the exercise of its functions the

Council shall not be subject to the direction or control of

any other person or authority.

43. The Council shall be summoned by the Governor-General in

the circumstances envisaged in the Constitution and otherwise

by the Governor-General acting in his own deliberate judgment.

He shall, so far as is practicable, attend and preside at all

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meetings of the Council.

44. On the advice of the Prime Minister after consultation with

the Leader of the Opposition, the Governor-General shall appoint

one of the members of the Council to be the Senior Member who

shall preside over any meeting of the Council at which the

Governor-General is absent. If at any meeting of the Council

the Senior Member is absent, the members present shall elect

one of their number to exercise the powers and perform the

duties of the Senior Member at .that meeting. In the event

that votes are equally divided on any question, the member

presiding, other than the Governor-General, shall have a

casting vote in-addition to his deliberative vote.

45. In any case where the Council is summoned to discharge its

duties under paragraphs 82 and 85 it shall be presided over by

a member who holds or has held judicial office deputed by the

Governor-General acting in his own deliberate judgment. A

quorum of the Council shall not be less than five members.

Subject to the provisions of the Constitution, the Council

may regulate its own procedure. The question whether the

Council has validly performed any function vested in it by

the Constitution or by any other law shall not be questioned

in any court.

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THE LEGISLATURE

The National Assembly

46. There shall be a National Assembly, comprising a House

of Representatives and a Senate.

The House of Representatives

47. The House of Representatives shall consist of members

elected in the manner prescribed by the Representation of

the People Ordinance. The basic principles regarding the

right to vote and the Elections and Boundaries Commission

will be included in the Constitution. If the person elected
*
as Speaker is not a member of the House, then by virtue of

holding the office of Speaker, he shall be a member of

the House.

48. The National Assembly of Belize constituted on the day

prior to the day of the independence of Belize shall continue

and remain the National Assembly for the remainder of the term

of office for which it was elected and shall enjoy all the

powers and perform all-the duties in this Constitution granted

and imposed upon the National Assembly of Belize as if it had

been elected hereunder.

49. After independence the Elections and Boundaries Commission

shall, after considering the position in the whole of Belize,

'make proposals from time to time for dividing the country into

constituencies in a manner which will ensure that each elected

member represents a constituency comprising no less than 2,000

registered voters and no more than 3,000 until the number of

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constituencies reaches twenty-nine. These proposals shall

not become effective until approved by a law adopted by the

National Assembly.

50. Upon the elected membership of the House of Representatives

reaching twenty-nine members, the National Assembly shall

determine the formula to be followed by the Elections and

Boundaries Commission thereafter for proposing to the National

Assembly the number and size of constituencies.

Membership of the National Assembly

51. A person shall be qualified to be elected a member of the

House of Representatives or to be appointed to the Senate if

he is a Belizean citizen, eighteen years old or older and has

lived in Belize for at least one year immediately before the

date of his nomination for election.

52. A person shall be disqualified from election as a member

of the House of Representatives or appointment to the Senate

if he owes allegiance to a foreign power or state, is an

undischarged bankrupt, is certified insane, is under a sentence

of death, or is serving a sentence of imprisonment exceeding

twelve months. He is also disqualified from membership of the

National Assembly if he is holding or acting in a public office,

has been convicted of any offence relating to elections, or

belongs to any armed forces or police force, or is party to any

contract with the Government of Belize and has not declared his

interest publicly within one month before the date of election

in the case of the House of Representatives or within one month

of his appointment in the case of the Senate.

53. Every member of the National Assembly shall vacate his seat

on the dissolution of the Legislature after the expiration of

a period of five years from his election or appointment, or a

dissolution brought about in any other manner.

54. A member of the National Assembly shall also vacate his

seat if he is absent from the sittings of the House or Senate
*
for such periods and ia such circumstances as may be

prescribed by the Standing Orders; if he ceases to be a

citizen of Belize; or if any circumstances arise that were

he not a member he would be disqualified for election or

appointment to the National Assembly.

55. There shall be provision for a Speaker and Deputy Speaker

of the House of Representatives.

The Senate

56. There shall be eight members of the Senate appointed by

the Governor-General. The age qualification will be 18. If

any person who is not a Senator is elected to be President of

the Senate, he shall become a Senator.

57. Of the eight Senators five shall be appointed by the

Governor-General on the advice of the Prime Minister, two on

the advice of the Leader of the Opposition, and one in his own

deliberate judgment after consultation with the Belize Advisor3

Council.

58. If there is no opposition party represented in the House

of Representatives, or if two or more opposition parties are

equally represented, the two Senators may be appointed by the

Governor-General on the advice in each case of a person

selected by him, in his own deliberate judgment, for the

purpose of tendering such advice.

59. The Governor-General may also, on advice or acting in

his own deliberate judgment as the case may be, declare the

seat of a Senator vacant. The Governor-General may declare

a Senator to be temporarily incapable of performing his

functions by reason of illness, in which case such Senator

shall not perform his functions until he is declared by the

Governor-General capable of performing them.

60. There shall be provision for a President and a Vice-

President of the Senate.

The Clerk of the National Assembly

61. There shall be a Clerk and Deputy Clerk to the National

Assembly who shall perform their functions at the direction

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of the presiding officers of the Assembly.

Powers, Procedures and Privileges

62. The National Assembly may make laws for the peace, order

and good government of Belize.

63. The National Assembly shall not have the power to amend

the Constitution until after the first general election

following independence (save for minor amendments on which

there is unanimous agreement in the National Assembly).

*
64. Thereafter the powers of the National Assembly to amend the

Constitution shall be as follows:

a. No amendment shall be made to the Constitution

except by a Bill approved by a final vote in the

House of Representatives of no less than two-thirds

of the membership; and

b. in regard to the provisions relating to Human

Rights and Fundamental Freedoms, the House of

Representatives, the Judiciary, the Belize Advisory

Council, the Public Services Commission, and the

provisions concerning amendment of the Constitution,

no amendment shall be made unless ninety days have

elapsed between the presentation of a Bill and its

second reading in the House of Representatives and

the Bill is approved in the House of

Representatives by a final vote of no less than

three-quarters of the membership.

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65. A Minister shall be permitted to address the House of which

he is not a member, but shall not have a vote in'that House.

66. No civil or criminal proceedings may be instituted against

any member of either House for words spoken before, or written

in a report to, either House or a committee of both Houses, or

for any matter brought by him in the form of a petition, bill,

resolution, motion or otherwise.

67. Except as otherwise provided in the Constitution, all

questions proposed for decision in either House shall be

determined by a majority of the votes of'the members present

and voting.

68. A Speaker elected from among members of the House of

Representatives (or in the case of the Senate, the President)

shall have an original vote, but not a casting vote. A

Speaker elected from outside the House of Representatives (or

in the case of the Senate, the President) shall have no vote.

Introduction of Bills

69. A Bill, other than a money Bill, may be introduced in

either House. A money Bill shall not be introduced in the

Senate.

70. Except on the recommendation or with the consent of the

Cabinet signified by a Minister, neither House shall proceed

with nor amend any Bill which provides for taxation, imposing

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or altering any charge on the country's revenues or funds,

or compound or remit any debt due to Belize.

71. If a money Bill passed by the House of Representatives and

sent to the Senate is not passed by the Senate without amendment

within one month after it is sent to that House, the Bill shall

be presented to the Governor-General for assent, notwithstanding

that the Senate has not consented. The Speaker shall endorse

with his certificate every money Bill when it is passed by the

National Assembly.

a a
72. A Bill passed by the House of Representatives for two

successive sessions, and having been sent to the Senate on

two successive occasions, shall, on its rejection the second

time by the Senate, be presented to the Governor-General for

assent, notwithstanding that the Senate has not consented to

the Bill. Six months must elapse between the time the Bill is

first passed by the House of Representatives in the first

session and the time it is passed in the second session.

73. When a Bill is presented to the Governor-General for

assent, he shall signify his assent or that he withholds

assent. A Bill shall not become law unless it has been duly

passed and assented to in accordance with the Constitution.

Sessions of the National Assembly

74. Each session of the National Assembly shall be held at

such place within Belize and shall commence at such time as

the Governor-General shall by Proclamation appoint.. There

shall be a session of each House at least once in every year

so that a period of six months shall not intervene between

the last sitting of the National Assembly in one session and

the first sitting in the next session.

75. The Governor-General, acting on the advice of the Prime

Minister, may at any time prorogue or dissolve the National

Assembly. Unless sooner dissolved, the National Assembly shall

continue for five years fromthe date of the first sitting of

both Houses after any dissolution and shall then stand dissolved.

If at any time Belize is at war, the National Assembly may by

legislation extend the period of five years for not more than

twelve months at a time, provided that the life of the National

Assembly shall not be extended for more than two years.

76. If, between the dissolution of the National Assembly and

the next ensuing general election, an emergency arises that in

the opinion of the Prime Minister makes it necessary to convene

the National Assembly before the general election can be held,

the Governor-General, acting on the advice of the Prime Minister,

may summon the two Houses of the preceding National Assembly

and that National Assembly shall be deemed not to have been

dissolved until the date on which the next general election is

held.

77. A general election shall be held at such time within three

months of every dissolution of the National Assembly as the

Governor-General, on the advice of the Prime Minister, shall

appoint. As soon as is practicable after any general election,

the Governor-General shall proceed to the appointment of

Senators.

78. During the period between a dissolution of the National

Assembly and the first meeting thereof after any general

election, the Government of Belize shall continue to be

administered by the Prime Minister and the other Ministers
a
and Deputy Ministers of Government.

THE JUDICIARY

79. There shall be a Supreme Court of Judicature for Belize

and a Court of Appeal. The Supreme Court shall have unlimited

original jurisdiction to hear and determine any civil or

criminal proceedings under any law. Any question concerning

the interpretation of the Constitution arising in a lower

court shall be referred by it to the Supreme Court. The

Supreme Court shall be a superior court of record and shall

have all the powers of such a court, including all the powers

that are vested in the Supreme Court of Belize immediately

before the Constitution comes into effect.

80. The Judges of the Supreme Court shall be the Chief Justice

and such number of Judges of that Court as the National Assembly

may determine. The Chief Justice shall be appointed by the

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Governor-General on the advice of the Prime Minister after

consulting the Leader of the Opposition. The other Judges

shall be appointed by the Governor-General on the advice of

the Judicial and Legal Services section of the Public Services

Commission and with the concurrence of the Prime Minister

after consulting the Leader of the Opposition. The Governor-

General may also appoint temporary Supreme Court Judges in

the event that the office of a Supreme Court Judge is vacant

or any Supreme Court Judge is unable to perform his functions.

81. A Judge of the Supreme Court shall vacate his office on

reaching the age of 62 years, unless otherwise authorised by

the Governor-General. No office of Judge of the Supreme Court

shall be abolished while there is a substantive holder of such

office.

82. A Judge of the Supreme Court may be removed from office

only for inability to perform his functions or for misbehaviour,

and the question of his removal has been referred by

Her Majesty The Queen to the Belize Advisory Council and the

Council has advised Her Majesty accordingly. When considering

the removal of a Judge, the Belize Advisory Council shall sit

as a tribunal-with a Judge or retired Judge of a Superior

Court of Record as Chairman.

The Court of Appeal

83. The Judges of the Court of Appeal shall be the President,

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who shall preside, and such number of Justices of Appeal as may

be prescribed by the National Assembly. No office of Judge of

the Court of Appeal shall be abolished while there is a

substantive holder of such office.

84. The Court of Appeal shall be a superior court of record

and shall have all the powers of such a court. All Judges of

the Court of Appeal shall be appointed by the Governor-General

on the advice of the Prime Minister after consulting the

Leader of the Opposition.

4 %
85. A Judge of the Court of Appeal may be removed from office

only for inability to perform his functions or for misbehaviour,

after the question of his removal has been referred by

Her Majesty The Queen to the Belize Advisory Council (acting

as provided in paragraph 82) and Her Majesty has been advised

accordingly.

Appeals to Her Majesty in Council

86. An appeal from a decision of the Court of Appeal to

Her Majesty in Council shall lie as of right in the case of

a final decision in any civil, criminal or other proceedings

which involves a question of interpretation of the Constitution,

and in any other case prescribed by law.

87; The Court of Appeal may give leave for an appeal to

Her Majesty in Council from decisions in any civil case which

in the Court's opinion.has general or public importance or

otherwise, or in any other cases prescribed by law.

Her Majesty may grant special leave to appeal from decisions

of the Court of Appeal in any civil, criminal or other matter.

Director of Public Prosecutions

88. There shall be a Director of Public Prosecutions for

Belize whose office shall be a public office, He shall be

appointed by the Governor-General on the advice of the Public

Services Commission with the concurrence of the Prime Minister

after consulting the Leader of the Opposition. He shall have

power to institute, control, take over and. discontinue all

criminal prosecutions. His functions shall be exercised by

him in person or through any person acting under and in

accordance with his general or special instructions.

89. The Director of Public Prosecutions shall be removed from

office only for inability to perform his functions or for

misbehaviour by the Governor-General acting on the advice of

the Belize Advisory Council.

THE PUBLIC SERVICE

The Public Services.Commission

90. There shall be a Public Services Commission comprising a

Chairman and twelve members, four of whom shall be authorized

to deal with matters relating to the Civil Service, two

authorised to deal with matters relating to the Judicial and

Legal Services, four authorised to deal with matters relating

- 26 -

to the Military Service and two authorised to deal with matters

in the Police Service. The Permanent Secretary Establishment

shall be the secretary to the Public Services Commission.

91. Except for ex-officio members, the Chairman and the members

of the Public Services Commission shall be appointed by the

Governor-General on the advice of the Prime Minister. Before

tendering his advice the Prime Minister shall consult the Leader

of the Opposition. Members of the Commission shall hold office

for such period as their appointment designates and in nocase

for more than three years. Removal from office shall be made

by the Governor-General only for inability to perform his

functions or for misbehaviour after the matter of removal has

been referred to and recommended by the Belize Advisory Council.

Members of the National Assembly shall not be eligible for

membership of the Commission.

92. The Chief Justice and a Supreme Court Judge designated by

the Chief Justice shall be ex-officio members of the Public

Services Commission authorised to deal with matters relating

to the Judicial and Legal Services. The Permanent Secretary

in the Ministry of Defence and the Commandant, Belize Defence

Force, shall be ex-officio members of the Public Services

Commission authorised to deal with matters relating to the

Military Service. The Commissioner of Police shall be ex-officio

a member of the Public Services Commission authorised to deal

with matters relating to the Police Service.

93. The effect of the foregoing will be to continue existing

arrangements but in a more economical and streamlined way.

As at present certain office holders will be debarred from

membership of the Commission. It was agreed that the Belize

Government shall continue the present convention of consulting

the Public Services Union about appointments to the Commission.

Appointments

94. Power to appoint persons to hold office in the Public

Services, to exercise disciplinary control over persons in the

Services, and to remove such persons from office, shall vest in

the Public Services Commission. The following offices shall be

excluded from the authority of the Public Services Commission:

Secretary of the Cabinet, Permanent Secretaries, the heads of

Departments of Government, the chief-professional advisors to

Departments of Government, the Auditor-General, the Director

of Public Prosecutions, the Commandant of the Belize Defence

Force, the Commissioner of Police, Ambassadors, High

Commissioners or other principal representatives of Belize

accredited to any international organisation and any other

office designated by the Commission.

95. Except as otherwise provided in the Constitution, the

appointment to, discipline of, and removal from the offices

listed above shall vest in the Governor-General acting on the

advice of the Prime Minister.

Pensions

96. The provisions of Sections 53 and 54 of the present

Constitution and the law relating to pensions for members of

the Public Services and teachers shall remain in force and apply

to persons in the Public Services and in relation to those already

enjoying a pension, shall remain unaltered. All pensions and

rights thereto stand charged on the Consolidated Revenue Fund

of Belize. The discretion relating to pensions formerly vested

in the Governor shall vest in the Governor-General acting on

the advice of the Public Services Commission.

Appeals

97. Appeals against any act of the Public Services Commission

or the Governor-General in relation to the Public Services shall

lie to the Belize Advisory Council.

Regulation of Services

98. Cabinet shall provide for and determine all matters relating

to employment in the Public Services including the formulation of

schemes of recruitment; determining a code of conduct; fixing

salaries and privileges, terms of employment, and the principles

to be followed in making promotions and transfers; measures to

ensure discipline, to govern dismissals and retirement;

procedures for the delegation of authority, and generally for

the good management and control of the Public Services. All

sucn decisions and directives issued by Cabinet shall be laid

on the table of both Houses of the National Assembly.

- 29

FINANCE

The Consolidated Revenue Fund

99. All revenues or other moneys raised or received by Belize

(not being revenues or other moneys payable under any law into

some other public fund established for a specific purpose) shall

be paid into and form one Consolidated Revenue Fund. No moneys

shall be withdrawn from the Consolidated Revenue Fund except to

meet expenditure charged upon the Fund by the Constitution or

by an Act of the National Assembly, or where the issue of those

moneys has been authorised by an appropriate law.

100. The Minister responsible for Finance shall lay before the

House of Representatives in each financial year estimates of

the revenues and expenditure of Belize for the next financial

year. If in any financial year the amount appropriated for any

purpose is insufficient, or a need arises for expenditure for

a purpose for which no amount of money was appropriated, or

moneys have been spent in excess of that appropriated, a

supplementary estimate showing the sums required or spent shall

be laid before the House of Representatives.

101. The National Assembly may make provision to allow the

Minister responsible for Finance to authorise expenditure

necessary to carry on the services of Government for a specified

period. The National Assembly may also provide for the

establishment of a Contingencies Fund and authorise the Minister

responsible for Finance to make advances from this Fund to meet

any urgent and unforeseen need for expenditure for which no

- 30 -

other provision exists.

102. The salaries and allowances of the Governor-General and

certain other officers, including the Chief Justice, Justices

of Appeal, Supreme Court Judges, members of the Belize Advisory

Council and the Public Services Commission, members of the

Elections and Boundaries Commission, the Director of Public

Prosecutions and the Auditor-General, shall be a charge on the

Consolidated Revenue Fund.

The Auditor-General
4 4
103. There shall be an'Auditor-General for Belize, whose office

shall be a public office. He shall be appointed by the

Governor-General on the advice of the Public Services Commission

with the concurrence of the Prime Minister after consulting the

Leader of the Opposition. He shall audit and report annually on

the public accounts of Belize, and of all officers, courts and

authorities of Belize. The Auditor-General shall submit his

reports annually to the Minister responsible for Finance to be

laid before the House of Representatives. If the Mihister

responsible for Finance fails to lay any such reports before

the House of Representatives within the prescribed time, the

Auditor-General shall transmit copies of the reports to the

Speaker of the House of Representatives for presentation to

the House. In the exercise of his functions, the Auditor-General

shall not be subject to the direction or control of any other

person or authority.

104. The Auditor-General shall be removed from office only for

inability to perform his functions or for misbehaviour by the

Governor-General acting on the advice of the Belize Advisory

Council.

The Public Debt

105. The public debt of Belize shall be a charge on the

Consolidated Revenue Fund.

CODE OF CONDUCT

106. The Governor-General, members of the National Assembly,

the Belize Advisory Council, the Public Services Commission,

and the Elections and Boundaries Commission, public officers,

officers of statutory corporations and government agencies and

such other officers as the National Assembly may prescribe, have

a duty to conduct themselves in such a way as not:

a. to place themselves in positions in which they

have or could have a conflict of interest;

b. to compromise the fair exercise of their

public or official functions and duties;

c. to use their office for private gain;

d. to demean their office or position;

e. to allow their integrity to be called into

question; or,

f. to endanger or diminish respect for, or

confidence in, the integrity of the Government

of Belize.

NATIONAL SYMBOLS

107. The Government of Belize will establish a representative

committee which will, as a matter of priority, consider and make

proposals on national symbols for Belize. These proposals will

be put before the House of Representatives. The Constitution

will provide for the proposals adopted by the House of

Representatives to be part of the Constitution.

ANNEX A

LIST OF THOSE ATTENDING THE CONFERENCE

UNITED KINGDOM DELEGATION

The Hon. Nicholas Ridley MP, Minister of State for
Foreign and Commonwealth Affairs, Chairman
Mr J K Hickman, CMG, Alternate Chairman
Mr D M Day, CMG
Mr A D Watts, CMG
Mr F S E Trew
Mr I D Hendry

Officials and

Advisers

Mr J B Ure, CMG, CVO
Mr A J Payne
Mr B Watkins
Mr R T Jackling
Grp. Capt. Davis
Mr A E Jakeman
Mr A Parkinson
Mr J Daly
Mr J H L Walker
Ms. E I Young
Mr R Kinchen, MVO
Mr D L Marshall
Miss D Wright
Miss K Rawson
Mr M I P Webb
Mr I D Kydd
Mr A Turner
Mr J R Paterson
Mr P L Bean
Mr R K Gardiner
Mr J F Langley

BELIZE GOVERNMENT DELEGATION

The Hon C L B Rogers
The Hon V H Courtenay
The Hon L S Sylvestre
The Hon D L McKoy
The Hon F H Hunter

Adviser

Dr A C Bundu

SECRETARIAT

Mr A N George
Mr N J Cox

ANNEX B

SPEECHES MADE BY THE HONOURABLE NICHOLAS RIDLEY, MP, AND
THE HONOURABLE C L B ROGERS AT THE OPENING SESSION OF THE
BELIZE CONSTITUTIONAL CONFERENCE AT MARLBOROUGH HOUSE ON
MONDAY, 6 APRIL 1981.

MR RIDLEY:

Your Excellencies, Ministers and Gentlemen, I am pleased to
welcome you all to this important gathering. I am happy that we
have with us as distinguished guests representatives of
Commonwealth Caribbean countries and other countries represented
in the Commonwealth Ministerial Committee on Belize, all of which
have passed along this same path on their own way to independent
nationhood. To the work of successive generations of Ministers
and officials of both our Governments who have worked so hard
towards the objective of a secure independence; for Belize, I must
at the outset of these meetings pay generous tribute. Though I
have the honour of chairing the Conference it is they who have
laboured in the vineyard at the heat of the day.

I have had many preducewsors as Minister of State, who would
like to have had the honour and privilege which is mine today of
opening the Constitutional Conference to prepare the way for
independence for Belize. I take no pleasure, nor I am sure, do
any of us, that this highly important event has been so long
delayed. Nevertheless it is a great satisfaction that the work
which we began in the latest round of talks with the Guatemalans
starting eighteen months ago, has prospered. It enables us to
take the important step of meeting in conference to consider
constitutional provisions for the new Nation of Belize, shortly
to achieve its independence.

The task of this conference is to prepare the constitution
for an independent Belize. Belize is the last British Dependent
Territory on the American mainland, although there are still
about 16 other dependencies around the world.

For the Belizeans this is of course the second time around.
It is perhaps not particularly remarkable for a territory to
have 2 Constitutional Conferen:rts. The unique feature in this
case is that the 2 occasions are 18 years apart. That previous
Constitutional Conference in 1963 brought Belize to internal self-
Government, a stage in constitutional development that is normally
a short interval before the assumption of full independence a

1/1

kind of running-in period if you liKe, preparing for the real thing.
During that time Mr George Price and his Ministers have shown a
remarkable dedication to achieving the goal of independence which
is at last close. I pay tribute to the steadiness, commitment
and conviction with Which they have pursued this goal.

I feel bound also to cxpci-ss my regret that the represent-
atives of the UDP are not present at this opening session of the
Conference. We hope that they may yet decide to join in our
deliberations, so that we may have the benefit'of their personal
contribution to our discussion of the Constitution for an
independent Belize. We are ready to welcome them here and to
discuss any concerns or anxieties that they would wisn to raise
with us. Measured and constructive discussion at this
conference table, of the constitutional issues, seems to me the
most satisfactory way of resolving such differences as may exist.
In their absence, we shall of course pay particular attention to
the written memoranda that has been submitted to us from Belize.

Equally if they want to discuss the huads of Agreement with
Guatemala with me, or with Lord Carrington, we are ready at any
time. I think we would be able to reassure them on these issues.

If adequate preparation is a proper measure, then Belize
is ready and has been for a long time. I have been much
impressed on my visits to Belize, and I am sure that any other
visitor would say the same, by the admirable way in which with
quite modest resources Belizeans have learned to manage their
own internal affairs and to some extent their external affairs
too since authority in some aspects of these has been devolved.
No-one can have any doubt tnat after serving such an extended
and unprecedented apprenticeship Belize is fully prepared to
take the final step.

The single obstacle that nas held up independence for so
long has of course been the existence of a territorial claim on
the part of Belize's neighbour Guatemala. Continuing efforts
were made to resolve this over the years, particularly since 1963.
Despite ingenuity and goodwill a solution has been most elusive.

1/2

The latest round, which began in Bermuda almost a year ago, was
intense, determined and imbued throughout by our joint resolve
that Belizean independence could not be indefinitely postponed.
This perhaps lent a new element of urgency and realism to the
negotiations.

I would not wish to tempt providence by saying that success
is assured. To say that would be premature. But I do hunestly
believe that the Heads of Agreement signed in London on 11 March
provide a basis on which a just, honourable and mutually
beneficial settlement of this long standing problem can be built,
a settlement which will enable Belize to go to independence with
the assurance of a peaceful and friendly relationship witn all
its neighbours. Much work remains to be done on that front, but
we can address ourselves to our business at this Constitutional
Conference with optimism.

I wish to refer to one issue which has I know been upper-
most in many Belizean minds the future security of an
independent Belize. The situation facing Belize may well have
changed markedly with the signing of thu Heads of Agreement last
month. For the first time there is now the real prospect of
Belize proceeding to independence free of external threat. Tne
outcome of the forthcoming Treaty negotiations with Guatemala
will clearly influence the defence provisions that will need to
be made. I want, however, to make clear now, that fur its part
Her Majesty's Government intends bc make arrangements for tne
future security of Belize which will be appropriate t, the
circumstances, whatever they may be. Thure is no question of
our abandoning our rightful responsibilities.

Belize has not been merely a matter .f bilateral concern
over all these years. Increasingly it has occupied the attention
of the international community. Support for Belizean self-
determination has grown steadily. The United Nations Fourth
Committee and the General Assembly have passed annual Resolutions
which have gained increasing support, which not only endorsed
the principle of Belizean independence but set a time frame for
achieving it. I would like to pay tribute to the Belizean

1/3

Government, whose efforts to obtain international support for
their position have complemented cur own, and to all those other
Governments whose sympathy and support has also played a
significant part in achieving international solidarity on this
question. I have in mind particularly th. Governments of the
Commonwealth Caribbean and th< 3c other Governments represented
in the Commonwealth Ministerial Committee.

1M:y I- say a word about the procedure which it is proposed to
adopt at tils Conference. It will follow the normal pattern
of Constitutional Conferences, that is we shall go through the
various sections of the proposed Constitution one by one. We
shall have before us the Belize Gyvernmunt's White Paper and the
Select Cimmittce's recommendations in relation to the proposals
contained therein. Our aim will be to ciree upon the principles
which should be embodied in the new Constituti.n. We must of
course recognise that there will be differences of view un some
of the matters we have to discuss and it is right and proper that
these should be fully aired. We must also ensure that submissions
in written memorandum by bodies not represented here are also taken
into account. We must, I suggest, keep in sight the objective of
reaching a consensus op the provisions of the Constitution
Belize will take witi it to independence. This will require good
will, respect for each other's views and readiness in some cases
tu accept compromises which may not satisfy everyone in every
respect.

The Secretary General will have the duty to recora our
deliberations and our conclusions faithfully ana to produce towards
the end of our Uiscussicns a draft report which we will examine
and agree upon before it is put bvf.re us in final form to be
signed at the closing session. There will at the closing session
be an opportunity for final speeches.

I should perhaps stress that what we shall be discussing
will be principles rather than final language. The report will
provide a basis on which our Constitutional lawyers will prepare
the Constitution itself.

1/4

I am aware that some pre-occupations remain: the final
negotiation with the Guatemalan Government of the treaties: the
question of the security of Belize post-indepondence. I should
perhaps make clear that while these issues relate closely to the
question of independence it ii not our purpose at this
Constitutional Conference to focus upon them. Our essential
purpose at the Conference is to consider the Belize Government's
constitutional proposals and to produce agreements from which our
legal advisers can work t, produce the text of the Constitution
under which Belize will proceed to independence. We shall also
consider a number of other matters that arise naturally in the
context of a move to independence such as, for example, membership
of the United Nations, the Commonwealth and other international
bodies and Belize's succession to obligations and responsibilities
which the United Kingdom ias.hitherto exercised on Belize's
behalf under international conventions and treaties, etc.

Gentlemen, Britain's association with Belize has been a long
one. It dates back at least from the 17th Century when British
settlers first arrived on the Central American mainland. It has
left Belize with a legacy of language, culture ana institutions
akin to the anglophone Caribbean countries. At the same time,
geographical position, and economic logic, as well as absorbed
characteristics (including boing almost equally at home in tht;
Spanish language) give Belize many shared interests.with its
Central American neighbours. Belize is ideally placed by
geography, history and the character of its people to bridge
these two cultures. I wish it all success, peace and prosperity
in the future.

1/5

MR ROGERS:

Mr Chairman, Your Excellencies, Gentlemen: I wish'to thank you
for those kind remarks and to say-that we come very close to agreeing
with them.
I am instructed, Mr Chairman. to convey to you and to Lord
Carrington and members of the staff of the Foreign and Commonwealth
Office the personal greetings of Premier George Price, who regrets
that he has been unable to be present today for this opening
ceremony and he has authorised me and my colleagues to proceed with
our business confident of the Government of Belize's backing for the
decisions taken here today.
Our task, Mr Chairman, which begins today is to agree the system
of Government for Belize as an independent nation, and that is an
issue which has preoccupied the minds of -Belizeans since 1963. It
was in that year, that we last came 'og't1.er to discuss the
constitution of Belize and agreed then to a self-governing con-
stitution. At that time wc all hoped, and our decisions were
predicated on that hope, that within another two or three years our
efforts would have culminated in the passing of the residue of power
still vested in the United Kingdom into the hands of the people of
Belize.
It is a tribute to the wisdom of the decisions we then took,
that despite the awkward interval of time which has elapsed, Belize
has enjoyed good, stable government. It is our hope that we shall
now pursue the task before us with equal wisdom and perception.so
that the chain of democracy shall not be broken and the Belizean
people will continue to be as well served.
The abnormal situation to which I have referred, where
constitutional advance has been denied the Belize people for so long
is the result of neither the unwillingness of the United Kingdom
to complete the decolonizing process in the case of Belize, nor the
unwillingness on the part of the Belizean people to accept the mantle
of responsibility which complete liberation brings. In fact,
emancipation of Belize has been our. joint objective for some years
now and we have been forced to pursue this goal, with the help and

assistance of many friendly nations, by an elaborate international
exercise brought about by the fact that an ancient and insubstantial
claim has been maintained by the Government of Guatemala over
Belize territory accompanied by the threat to forcibly incorporate
Belize as a province of Guatemala. This extraordinary situation
effectively offered the Belizean people the choice between remaining
a colony of the United Kingdom or becoming absorbed as a part of
the Central American Republic of Guatemala.
It was in the face of these unacceptable alternatives that an
appeal was made to the conscience of the international community
which climaxed last November with a Resolution of the General
Assembly calling for all the necessary steps to be taken to bring
Belize to independence before the end of the 36th Session of the
General Assembly in 1981. This United Kingdom Resolution supported
by 139 nations went on to request the United Kingdom to ensure the
security and territorial integrity of Belize while it continued its
efforts to resolve the claim by peaceful negotiations. These
dramatic pronouncements by the international community emerged out
Qf the failure of years of patient att.;mpts to solve the Guatemalan
claim by negotiations.
At this point, I wish specifically to record the thanks and
appreciation of the people and Covernment of Belize for the role
played by Her Majesty's Government in the United Kingdom. The
steadfast and honest adherence to the spirit and the letter of its
commitments to Belize has been an inspiration to us in moments of
greatest gloom. As a Government and as a people we have grown to
have faith in our relationship and in our ability to share the
burdens of this noble adventure. There can be no doubt that we have
reached this conference table today because we have been able to
find common objectives, to hamner out positive strategies and to
take complementary action.
We come to the conference after a considerable and careful
exercise in preparation. Government published a White Paper in
January setting out its proposals for the Independence Constitution
of Belize. Before the end of January the National Assembly of

2/2

of Belize appointed a bi-partisan Joint Select Committee comprising
members of the House of Reresentatives ?.nd the Senate to consider
the proposals in the White Paner and to report thereon. The Committee
was charged with the responsibility of canvassing the opinion of the
country before making its report.
In the exercise of its functions the Committee sent special
invitations to every imaginable organisation throughout Beliz- down
to the village level. It invited views generally, both written and
oral. It travelled and held sittings in each District of the country
and it compiled eight volumes of submissions from the public.
Emerging from this careful collection of public expression, the
Committee found a general and overriding acceptance of the form of
government proposed in the White Paper. Therc, is a dominating call
from thu people of Belize for the monarchical form of government
based upon the Westminster parliaent-ary, pattern.
It is our intention in the days ahead to table the White Paper
together with the an~-ndments proposed in the Report of the Committee
which were debated at length in both Houses of the Naticnal
Assembly and finally approved.
Two circumstances in Belizean life seem to have created some
confusion on the proceedings we now begin. Firstly, the role of
the minority party in the National Assembly Pnd secondly the recent
declaration of State of Emergency in Belize. Permit me to comment
briefly on these circumstances and the significance of those two
events.
The Opposition, while it failed to serve on the Joint Select
Committee of the National Assembly, took steps to appear before the
Committee by a senior official of their political party in each
District of the country and made a written presentation in Belize
City which the Committee was assured had bo,;n approvedd by their
National Executive. It cannot be forgotten that in 1963 the
Opposition adopted a similar policy and chose then to remain at home
throughout the Constitutional Conference. We too, Mr Chairman,
regret that the Opposition is not here and hope that they may yet
arrive before this Conference ends. In other words, it is net for
the want of opportunity but rather what appears to be a deliberate

policy that they are absent today.
Turning now to the recent disturbances in Belize, I wish to
emphasise that these do not, I repeat, do not arise out of any
popular feeling against independence. The contrary view seems to be
indicated by the widespread participation -:f the. community on
Government's proposals pn the constitution.
The debate and the demands made by those who led the
disturbances at home is on an entirely separate issue of the Heads
of Agreement of March 11, 1981, made between the United Kingdom and
Guatemala. The demands are.for a referendum on the Heads of
Agreement and a rejection of Government's promise to put tc the
people any specific agreement or a 'rn-eents arising cut of the
negotiating machinery orgenised by the Heads of Agreement. It is
2 pity that these groups, most nf which can rnly claim to represent
pockets of opinion, have chose: to introduce terror and violence into
our society as a means of expressing a point of view. It must b-,
clear therefore that the issue of independence was resolved as the
major issue at the last general elections in November 1979.
It must be recalled as well that from last year the inter-
national community, yourselves and ourselves agreed to a timatabL.
for achieving this clear national objective. Since then we have
witnessed no objection ror resistance to the concept or the pr-Cranmmn
for its implementation save from the Government of Guatemala.
We cannot therefore confuse our purpose or prejudice the
democratically expressed will of the Belizean people with these
side issues. We have responsibility to bring Belize to
independence and to do so on the approved and accepted schedule
deliberately settled last year.
We look forward. We must take the measured steps to achieve
our common objectives which were anticipated a year ago. In'doing
sc we must find time while /we are in London to begin to discuss these
oth.r matters included in our programme. I refer to the request by
the United Iations of the United Kingdom, as the ad9iinistering
power, t. r-unranteo the security and territorial integrity of Belize.
I refer also, to the post-ininoendence cooperation between our two

2/4

countries on the economic side. In other words, it is my hope that
we can make positive progress while in London to fulfil the long-
standing ambitions of the Belizean people and to satisfy the
responsibility of the United Kingdom to complete the process of
decolonisation.
We have come to work for the greater good of our people and
are willing to commit all our time and effort to this purpose.
Thank you, Mr Chairman.
MR RIDLEY: Thank you, Mr Deputy Chairman. Does anybody else
wish to speak? (Ni one) In which case I suggest we adjourn for a
cup of tea and return for our first working session in about twenty
minutes' time.

rV .

ANNEX C

MEMORANDA SUBMITTED TO HER MAJESTY'S GOVERNMENT ON THE
BELIZE CONSTITUTION

1. The Toledo Progressive Party to the Secretary of State
for Foreign and Commonwealth Affairs 7 January 1981.

2. The Democratic Independent Union to the Secretary of
State for Foreign and Commonwealth Affairs 19 January
1981.

3. The United Democratic Party to the Secretary of State
for Foreign and Comioniealth Affairs 16 January 1981.

4. T. Peters and others to The Hon. Nicholas Ridley MP -
1 February 1981.

5. The Public Service Union submitted:-

(a) recommendations for consideration for inclusion
in the independence Constitution;

(b) recommendations based on the White Paper on an
independence Constitution.

6. The Belize Chamber of Commerce submitted:-

(a) a collation of critiques and proposals presented
to the Joint Select committee on the White Paper
on the proposed terms of the independence
Constitution by the Belize Chamber of Commerce,
the Anti-Communist Society, the Democratic
Independent Union, the Save Belize Movement and
the United Democratic Party;

(b) proposals by the Belize Chamber of Commerce Select
Committee on the independence Constitution;

(c) a report by Professor Edward A Laing.

7. The Anti-Communist Society to the Governor of Belize -
30 March 1981.

ANNEX D

REVISED PREAMBLE TO THE CONSTITUTION OF BELIZE

Preamble

THE CONSTITUTION OF BELIZE shall commence with a preamble
which shall state that the people of Belize:

(a) affirm that the Nation of Belize shall be
founded upon principles which acknowledge the
supremacy of God, faith in human rights and
fundamental freedoms, the .position of the family
in a society of free men and free institutions,
the dignity of the human person and the equal and
inalienable rights with which all members of the
human family are endowed by their Creator;

(b) respect the principles of social justice and
therefore believe that the operation of the economic
system must result in the material resources of the
community being so distributed as to.subserve the
common good, that there should be adequate means of
livelihood for all, that labour should not be
exploited or forced by economic necessity to
operate in inhumane conditions but that there should
be opportunity for advancement on the basis of
recognition of merit, ability and integrity, that
equal protection should be given to children
regardless of their social status, and that a just
system should be ensured to provide for education
and health on the basis of equality;

(c) believe that the will of the people shall form
the basis of government in a democratic society in
which the government is freely elected by universal
adult suffrage and in which all persons may, to the
extent of their capacity, play some part in the
institutions of national life and thus develop and

maintain due respect for lawfully constituted
authority;

(d) recognize that men and institutions remain free
only when freedom is founded upon respect for moral
and spiritual values and upon the rule of law;

(e) require policies of state which protect and
safeguard the unity, freedom, sovereignty and
territorial integrity of Belize; which eliminate
economic and social privilege and.disparity among
the citizens of Belize whether by.race, colour,
creed or sex; which protect the rights of the
individual to life, liberty and the pursuit of
happiness; which preserve the right of the individual
to the ownership of private property and the right to
operate private businesses; which prohibit the
exploitation of man by man or by the state; which
ensure a just system of social security and welfare;
which protect the environment; which promote
international peace, security and co-operation among
nations, the establishment of a just and equitable
international economic and social order in the world
with respect for international law and treaty
obligations' in the dealings among nations;

(f) desire that their society shall reflect and
enjoy the above mentioned principles, belief and needs
and that their Constitution should therefore enshrine
and make provisions for ensuring the achievement of
the same in Belize.

Printed By The Government Printery.