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Can Court Compel SICB?
posted (January 7, 2015)

As we've told you, after the General Meeting on Sunday, the farmers passed a resolution that their association must join Lucilo Teck in his Mandamus Lawsuit.

As we've told you, the premise of this tactic, as explained by Teck attorney, Audrey Matura-Shepherd, is that the Sugar Industries Control Board has the obligation by law to determine when the crop season starts and ends each year. According to Matura-Shepherd, the law allows for the SICB to declare the season open, so by that reason, since there is no legal requirement for a signed agreement before the season starts, the SICB is able to start the season on whatever date it chooses.

When we asked the Prime Minister about that resolution on Monday, he was not particularly supportive, and that has caused farmers within the Industry to react negatively to that position. So, for context, we re-air that portion of our interview with Prime Minister Barrow, as he discusses his government's position on the idea that the SICB can be compelled to declare the season open without the signature of the latest deal with BSI. Here's what he had to say:

Hon. Dean Barrow, Prime Minister

"Disappointed. I am not sure where we go from here. Government will have to try reach out to both sides and see if there is a basis for going forward. What I know is absolutely not on is this foolishness which was given additional currency by way of as I understand it, a resolution passed yesterday, this notion that somehow government can somehow can oblige BSI to accept cane in the absence of an agreement. That's not on. It's not on, from the point of view of government's assessment of the issue, government's position on the issue and I don't think it's on in terms of any kind of court order."

When we asked Orange Walk Branch Chairman about the Prime Minister's comments, he told us today, that the Prime Minister may want to revise that position since the farmers want the same thing that everyone else wants, the start of a crop:

Alfredo Ortega – Director, BSCFA Orange Walk Branch

"To all respect to the prime minister, if the prime minister is thinking for the Belizean people, if he is leading our country as our prime minister, I think he should really think about the words he used against the farmers, against the sugar industry. I think he has a responsibility for the livelihood of our Belizean people, livelihood of our farmers because we are not asking for any money from him. What we are asking is his intervention to that the crop can start and we can continue negotiation with BSI. We don't want to he held at ransom because we don't sign an agreement, that there should be no crop. I think that is a childish move, I think the economical side of it is more important than signing a paper. I think a signature on a paper yes it plays an important role but at the same time we need to see farmers get benefit of their sacrifices that they're doing and that is why we are calling the attention of the prime minister. Please, listen to the cane farmers, listen to the cry of the sugar industry. We are not behaving in the sense that we want to defeat anyone, what we are looking for is farmers can benefit from their sacrifice that they're doing and that the country of Belize can benefit with the economy the sugar industry brings to the country."

Daniel Ortiz

"Now sir, the rationale it would seem very plausible that you can't force they factory owners to accept the cane just in the same way you can't force the cane farmers to deliver the cane if there is any grievance or any breakdown in the industrial relation, that seems to the prime minister's premise for saying that we will not entertain declaring the season forcibly open. What's your response to that?"

Alfredo Ortega

"The act states clearly that once the SICB consults with the farmers and millers, the SICB can set a date for the crops to start - And it also states that once the SICB publish the day to start a crop, the miller shall and the word shall in legal terms is must. Once that day is set, the millers shall start a crop. Based on legal terms, there are things that can happen using the legal terms. In the other hand, if we are partners in the business, why shouldn't we come around the table and sit down as adults and work towards our benefit, work towards moving this industry. Start a crop and let us move the economical side of it."

And the farmer who started it all, Lucilo Teck, granted us an interview today for the first time since he made the decision to sue his own association and the SICB. He also implored the Prime Minister to rethink the SICB position:

Lucilo Teck – Suing SICB

"Well I'm appealing to our prime minister to be with the farmers. He is the boss of this country, he knows the suffering the BSI trying to force their conditions upon us farmers which we have not agreed. It's crystal clear now, I'm appealing to the government to declare the crop open, to commence, then we can continue negotiations which is our right. We're not closing ourselves not to negotiate. It's in both of our interests, BSI and cane farmers, so we're willing to negotiate but let the crop begin."

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