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Public Consultation on 6th Amendment to Constitution Bill in the City
posted (July 9, 2008)

The public consultation on the 6th amendment to the constitution bill started an hour ago at the Holy Redeemer Parish Hall. The event is expected to be lively as there is an escalating public relations battle over section 17 of the constitution which guarantees that a citizen will not be deprived of his property. Under the proposed amendment, the section would make it so that all mineral and petroleum rights will be the property of the government and people of Belize. The government says it is only enshrining what’s already in the law, but critics say, it’s going one step too far. Like we said the issue has been exciting some public debate and that is expected to continue tonight as the Constitution and Foreign Affairs Committee chaired by Belmopan Representative John Saldivar holds its public consultation in Belize City. Saldivar told us that his committee is open to comment.

Hon. John Saldivar,
“What we are attempting to do here is not to make any new law, it is already the law that petroleum and minerals belong to the government and people of Belize. What we are attempting to do here is to enshrine it in the constitution so that it gives it an added protection of being in the constitution. If we say that the oil does not belong to the individual land owner which is what we are saying here, all we are saying is that you cannot challenge that fact. If you want to challenge compensation for use of your land, for damage to your land for loss of revenue because we are exploiting oil from your land that is provided for the in the Petroleum Act and continues to be provided for in the Petroleum Act.”

Jules Vasquez,
Because there is some concern that the way the constitutional amendment is worded, it precludes the possibility, it stops you from going to court to make any challenge of the government taking preemptory rights upon your land.

Hon. John Saldivar,
“It precludes you from going to court to say the oil belongs to you and to say that the oil is your property, that is what the amendment is attempting to do. It is not saying that you cannot be compensated for use of your land for damage to your land and so on.”

Jules Vasquez,
We know this has become a quite high stake battle, we know that Mr. Barry Bowen has filed a case in the Supreme Court challenging this constitutional amendment, basically we know the lobby of the Landowners Association as I said to some extent the Bar Association, as you enter this public consultation which I imagine just population wise may be one of your largest, how open are you all to suggestion to attenuation of adjusting this constitutional amendment?

Hon. John Saldivar,
“The government is always open to listen to reasonable and reasoned criticisms or suggestions with respect to anything we do. However we’re very clear in our mind with respect to what we want to do in this case. We are very clear that it is something that is good for the Belizean people.”

One very outspoken critic of the amendment who won’t be there is geologist and landowners’ rights activist Jim Cavanaugh, popularly known as Jungle Jim. Cavanaugh had a heart attack while flying into Belize from Houston a week ago. He was hospitalized in a serious condition and then suffered another heart attack on Monday night. That one was fatal and he was pronounced dead close to 9:00.

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