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In March of 2010 – the Barrow Administration passed the Sixth Amendment to the Constitution into law – but five years later, they have not brought sections 7 and 9 into force. Those sections deal with the 13th. Senator – to be selected by civil society. That 13th Senator would give majority control of what's known as the upper house to a combination to the opposition and the social partners – taking away the majority from government. That shift is why, in 2010, Prime Minister Dean Barrow – who had promised it in his manifesto - publicly reneged on that commitment to a reformed senate in an interview with Jules Vasquez. Here's the interview from August of 2010:…

Jules Vasquez (August 6, 2010)

"This recall bill, we know that it's one of the reform platforms you were elected upon and it's a very progressive one. But at the same time we don't see anything about the reformed senate."

Hon. Dean Barrow, Prime Minister (August 6, 2010)

"It ain't going to happen! I've made the point, perhaps this is the first time I am able to do so to you, but I have not been shy at all of saying this, giving the way the opposition fought against all the reform measures. Given the way the opposition has demonstrated - and I am not faulting them - its determination to be a completely non-cooperative, Restore Belize being a case in point, I do not see at this stage giving over control of the senate to the opposition even if it would have to be in conjunction with the social partners, I am not going to do it."

Jules Vasquez (August 6, 2010)

"It's a manifesto promise."

Hon. Dean Barrow, Prime Minister (August 6, 2010)

"Then it's a manifesto promise that I gladly break. It is clear to me that I was perhaps overly idealistic in introducing that element of the reform package. In any event I am satisfied that to do that now would lead to paralysis in government and that's not going to happen."

And true to his word, it never did. And now, timed no doubt to coincide with an election that's coming sooner rather than later, the PUP says the five year delay is too much. Today, Leader of the Opposition Francis Fonseca filed suit against the Prime Minister in the Supreme Court. His attorney Eamon Courtenay is asking the Supreme Court to declare the Prime Minister's refusal illegal and unconstitutional, and compel him to bring the amendment into law. Here's how they explained it at a press conference this morning at Independence Hall.

Eamon Courtney - Attorney for Francis Fonseca

"The purpose of the claim is to correct the completely unlawful, illegal, unconstitutional and arbitrary action of Dean Barrow the prime minster of Belize. Hon. Francis Fonseca is going to ask the supreme court to declare that the prime minister Mr. Barrow, is acting unconstitutionally and unlawfully, yet again - and most importantly, we're asking the supreme court that if they agree that Mr. Barrow is yet again acting unconstitutionally; to make an order directing him to bring section 7 and 9 of the 6th amendment into force within 30 days."

Hon. Francis Fonseca - Leader of the Opposition

The UDP and Dean Barrow say no to the 13th senator. The PUP and Francis Fonseca say a resounding yes to the 13th senator. The 13th senator will not be a source of paralysis in government as Mr. Barrow continues to argue. It will be a source of strength and confidence in Belize's governance and democracy."

Eamon Courtney

"The party leader is going to ask the supreme court to consider and decide, whether we have a constitutional democracy in which the constitution is supreme. Or whether Mr. Dean Barrow is above the constitution and the law of this country. We are going to ask the supreme court to determine and to consider, whether Belize is a democracy in which the rule of law prevails or whether we now live Barrow-ganistan - where we have Dean Barrow prevailing with the rule of man. What we now have, is the prime minister acting completely unlawfully and unconstitutionally refusing to bring into force a law that has been passed. And I know of no country in the world that has amended it's constitution and after 5 years and has not brought 2 provisions into force. We are the laughingstock of the Commonwealth."

But the Commonwealth's parliamentary democracies also rule by an elected majority – and critics of the 13th Senator say that such a construct would produce legislative paralysis – which could create crisis when government is trying, for example, to pass a budget. If the budget were to be blocked by the Senate, government operations could shut down without funding. Courtenay said that can be bypassed and such a scenario misinterprets the true role of the 13th senator:…

Eamon Courtney

"It is not about passing and approving the finance of the country. It is not about passing budget in the national assembly. It is about transparent spending of that money and accounting for it. It is to ensure that the senate can conduct queries and investigations into corruption and mismanagement."

And those issues, corruption and mismanagement are touchstones of the civil society movement. So then why haven't they joined the opposition in the suit? The leader of the opposition said that it has been a challenge to bring them around after they got burned by the UDP when they were in opposition:

Hon. Francis Fonseca

"And that is our challenge as an opposition, yes. How can we engage these organisations, how can we convince them that in fact, we are serious about change and reform - so that they feel and have confidence in standing with us and walking with us into the future."

The claim was filed this morning – and Courtenay has asked for an expedited hearing.

20 minutes ago, government issued a release saying, quote, "The Government sees this claim as another desperate attempt by a political party that has been repeatedly…rejected at the polls…to thwart the will of the people and try to gain power other than by way of the ballot." It goes on to say, quote, "the PUP is seeking redemption through flimsy legal manoeuvres and empty posturing."

It adds, quote, "In no other Parliamentary…system is the appointed Senate or Upper Chamber controlled by those in (potential or formal) opposition to the Government."

But the real reason why government hasn't brought it into force? The release says, "a great deal of thought would have to go into the timing for bringing the legislation into force. This was because the circumstances that would make the legislation work as envisaged by the UDP…simply did not then, and do not now, exist." The Release goes unto say, "It is a matter of great regret to Government which saw, among several other things, that the Senator for the Private Sector in particular was axiomatically leaguing himself with the PUP and unfailingly supporting every Opposition position in the Senate." Still, the release concludes, quote, "the Prime Minister is still convinced that it is very much capable of achievement. Once in place, such a state of affairs would then precipitate the immediate signing of a commencement date for the 13th Senator legislation; but we are not there yet….Government will continue to work…so that the Law can be brought into force as soon as the circumstances are appropriate." End quote.