2014 ANNUAL REPORT The Ombudsman of Belize2014
THE FOURTEENTH ANNUAL REPORT OF THE OMBUDSMAN
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“Truly a Haven of Democracy” 2014 ANNUAL REPORT The Ombudsman of Belize
Prepared for laying before the House of Representatives and the Senate of Belize pursuant to Section 28(2) and (3) of the Ombudsman Act, Chapter 5 of the Substantive Laws of Belize (Rev. Ed. 2000)
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2014 ANNUAL REPORT The Ombudsman of Belize
TABLE OF CONTENTS
PAGE NO.
Presentation to the National Assembly ...... 3
Ombudsman’s Message ...... 5
Summary of 2014 Complaints ...... 7
Special Report ...... 16
Resolution of Complaints ...... 19
Freedom of Information Applications...... 21
Institutional Collaboration...... 23
Trainings and Conferences ...... 26
Administrative Matters ...... 31
Conclusion ...... 34
Appendices ...... 37
1. Statistics ...... 39 2. How to Make a Complaint...... 46 3: The Investigative Process ...... 47 4: The Ombudsman Act, Key Provisions ...... 48
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2014 ANNUAL REPORT The Ombudsman of Belize
Ref: 001/AROMB/2014
The Office of the Ombudsman 91 Freetown Road, Second Floor P.O. Box 1376 Belize City, Belize Central America Tel: 501-223-3594 / 501-223-3198 Fax: 501-223-33198 Email: [email protected]
18th February, 2015
Hon. Marco Pech President of the Senate National Assembly Belmopan
Dear Mr. President,
I have the honour to present the Ombudsman’s Fourteenth Annual Report which covers the period of January 1, 2014 to December 31, 2014.
The report is submitted in accordance with Section 28(2) of the Ombudsman Act, Chapter 5 of the Substantive Laws of Belize, which states: -
“The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.”
Respectfully,
______Lionel Arzu, MSc. Ombudsman of Belize
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2014 ANNUAL REPORT The Ombudsman of Belize
Ref: 001/AROMB/2014
The Office of the Ombudsman 91 Freetown Road, Second Floor P.O. Box 1376 Belize City, Belize Central America Tel: 501-223-3594 / 501-223-3198 Fax: 501-223-33198 Email: [email protected]
18th February, 2015
Hon. Mike Peyreffite Speaker of the House of Representatives The National Assembly Belmopan
Dear Mr. Speaker,
I have the honour to present the Ombudsman’s Fourteenth Annual Report which covers the period of January 1, 2014 to December 31, 2014.
The report is submitted in accordance with Section 28(2) of the Ombudsman Act, Chapter 5 of the Substantive Laws of Belize, which states: -
“The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.”
Respectfully,
______Lionel Arzu, MSc. Ombudsman of Belize
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2014 ANNUAL REPORT The Ombudsman of Belize
OMBUDSMAN’S MESSAGE
Once again, it is my pleasure to present to the National Assembly the Fourteenth Annual Report on the execution of my functions for the past year. My functions are essentially two-fold. My primary function is to investigate complaints of alleged wrongdoings by public authorities pursuant to the Ombudsman Act, Chapter 5, Substantive Laws of Belize (Rev. Ed. 2000). My secondary function is to review decisions of public authorities denying access to information requested pursuant to the Freedom of Information Act, Chapter 13, Substantive Laws of Belize (Rev. Ed. 2000). This report provides a concise summary of the events that unfolded in 2014 in the exercise of these two functions.
The Fourteenth Annual Report contains a statistical summary of the two hundred and twenty (220) new complaints received during the course of the year. This summary is grouped according to: authorities complained against; geographical origins of complaints; subject matter of complaints; and, the status of these complaints. Although it is my second year in Office, it is quite clear that the trend is consistent with previous years, in terms of both the number and nature of the complaints. This report also summarizes applications under the Freedom of Information Act. For the first time in the recorded history of our office, three applications for review were made under this Act. Although the applications were either denied or did not progress far, the fact of the applications being made quite possible signals a movement towards making public authorities more accountable, transparent and fair to all citizens when carrying out their administrative functions.
The year 2014 was one of increased collaboration among our colleagues and even with the very authorities complained against. Collaboration was in the area of complaints resolution; prison reform; criminal justice reform; and, strengthening Government’s accountability in combating gender based violence. It was also a year in which I seized the opportunities to promote to foreign and local dignitaries the agenda for my term in office. I believe that the fulfilment of this agenda will enable my office to better carry out its mandate.
In 2014, my staff and I participated in training events, either as facilitators or as participants. Topics were very important and current, and included subjects such as the law and health care; case management and negotiation; mediation; and anti- trafficking in persons. This report provides a summary of these training events and conferences.
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2014 ANNUAL REPORT The Ombudsman of Belize
The year 2014 also saw some changes to our office. We welcomed a new Legal Officer, as the outgoing one preferred to pursue a career in private practice. I take this opportunity to thank Attorney-at-law Oscar Selgado for his service to the Office of the Ombudsman and wish him well in his new endeavour. The Ministry of Finance approved the employment of a Security Officer to provide personal protection to my staff and me. My Office welcomed Miss Kimberlyn Marin to the team as our new Office Cleaner. She replaced Miss Gilda Leslie, who retired after twelve years of service to the Office of the Ombudsman. I want to take this opportunity to thank Miss Leslie for her service and wish her all the best in her retirement. Despite these welcomed changes, fundamentally, my office continues to operate within the parameters of limited human and financial resources. Even so, the Office made significant accomplishments during the past year.
Finally, I wish to thank the National Assembly, the Government of Belize and the Judiciary for this honour and responsibility of being the Ombudsman, a partner in ensuring the protection of fundamental human rights and freedoms. I also wish to thank my own staff for their hard work and dedication.
This Fourteenth Annual Report is presented not only as a report pertaining to the execution of my functions but also as a summary of the public opinion on current administrative practices. Furthermore, it is hoped that this report will help to promote (additional) reforms in public administration.
I hope you enjoy reading this report and look forward to your continued support for the work of the Office of the Ombudsman and a productive and brighter 2015.
Your Humble Servant I Remain,
______Lionel Arzu, MSc. Ombudsman of Belize
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2014 ANNUAL REPORT The Ombudsman of Belize
I. SUMMARY OF 2014 The following is a breakdown of the COMPLAINTS complaints by Authorities; Geographical Origin; Subject-Matter; 1.0 The Ombudsman’s primary and Status. function is to investigate complaints from private citizens regarding AUTHORITIES wrongdoing, abuse, injustice or injury they have suffered at the hands of 1.2 The Ombudsman is allowed to public authorities. The Ombudsman investigate authorities. The Act states: Ombudsman Act defines authorities as follows: - Subject to the provisions of this Act, where the Ombudsman has reasonable (i) A Ministry, Department, or cause to believe that: - Agency of Government;
(a) An authority or an officer of member (ii) The Belize Police Department; of an authority has been guilty of corruption or other wrongdoing; or, (iii) Other statutory body or authority; or (b) Any person or body of persons has or may have sustained injustice, injury (iv) A company registered under or abuse as a result of any action the Companies Act being a taken by an authority or an officer or company in which the a member of such authority, arising Government holds not less out of or connected with the exercise than fifty-one per centum of the of the administrative functions of that ordinary shares and so declared authority (whether before or after the by the National Assembly.2 commencement of this Act), the Ombudsman may investigate the Although the word “public” is not action so taken.1 expressed in the Act, it is reasonably implied from the provisions and 1.1 In 2014, private citizens made a purpose of the Act. total of two hundred and twenty (220) new complaints against the 1.3 Please note that the total public authorities. This number is number of authorities complained comparable to previous years, both in against will not necessarily be equal to terms of the number and nature of the number of complaints made since the complaints made one complaint may be made against more than one authority.
1SectiSSection 12 (1), Ombudsman Act 2Section 2(1) (a) – (d), Ombudsman Act
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2014 ANNUAL REPORT The Ombudsman of Belize
In 2014, the Ombudsman received Figure 1. Complaints, by Ministry or complaints against the following Branch of Government authorities:
(i) City, Town and Village Councils throughout Belize;
(ii) Public Hospitals and Clinics
(iii) Human Services Department
(iv) Immigration and Nationality Department
(v) Lands and Survey Department
(vi) Police Department
(vii) Prisons Department
(viii) Public and Teaching Services Commission
(ix) Family and Magistrates Court
(x) Supreme and Appeals Court
1.4 The largest number was against the Ministry of National Security As shown in Figure 1 below, fifty- Figure 2. Complaints, Ministry of eight per centum (58%), more than National Security half of all complaints were made against this Ministry. Furthermore, Police Department Defense Force Figure 2 shows that the majority of Coast Guard Prisons Department 8% 1% complaints against the Ministry of 2% National Security, eight-nine per centum (89%) or 116 complaints, were against the Police Department.
89%
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2014 ANNUAL REPORT The Ombudsman of Belize
1.5 The second and third largest be equal to the total number of numbers of complaints were against complaints made (220) because some the Lands and Survey Department complainants may make more than of the Ministry of Natural Resources one allegation against one authority and Agriculture and the Judiciary, and others the same allegation against respectively. more than one authority.
Please see Appendix 1 for MINISTRY OF NATIONAL additional statistics. SECURITY
GEOGRAPHICAL ORIGIN 1.8 Complaints against the Belize Police Department were the 1.6 Complaints originated from all most common. The subject matter or six of Belize’s political and allegations of these complaints are the administrative districts. However, one following: hundred and sixteen (116) in all, more than half, originated from the Belize (i) Unwarrantable violence, District. The other districts accounted ranging from aggravated assault for relatively small percentages of to murder complaints. Cayo District came in a distant second with thirty-one (31) (ii) Misconduct, from complaints. The least number of corruption to falsifying police complaints originated from the statements to disciplinary Corozal District. offences such as drunken and disorderly behaviour in public Please see Appendix 1 for additional statistics. (iii) Non-investigation of reports of crimes, whether SUBJECT MATTER intentional or negligent
1.7 Complainants made a (iv) Unlawful search and number of allegations of wrongdoing, seizure injustice or injury against the authorities above-mentioned.3 The (v) False imprisonment and subject matters of these complaints Malicious Prosecution vary widely. The more frequently mentioned ones are summarized (vi) Identification errors, below. Please note that the number of including mistaken identity on a allegations made will not necessarily police record
3Section 2(1) and 12(2), Ombudsman Act
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2014 ANNUAL REPORT The Ombudsman of Belize
(vii) Theft, misappropriation PRISONS DEPARTMENT and damage or destruction of property including property held 1.9 The inmates at the Belize as exhibits Central Prison - under the management of the Kolbe Complaint 898 Foundation - complained to the A mother from Belmopan complained that Ombudsman about the following: police officers and villagers conspired to murder her son, a known mentally ill man 1. Trial and Sentencing Errors living in Big Falls, Toledo. Policemen showed up in a vehicle at the victim’s house 2. Appeals and Delays and fatally shot him, purportedly in self- defence. The victim died shortly after being 3. Non-existent, incompetent or transported to the Punta Gorda Public neglectful Legal Representation Hospital. Police investigation is ongoing. 4. Need for Medical and Surgical Complaint 1030 treatment A young, Belize City man applied to the Police Department for a copy of his police Complaint record, for employment purposes. His record A Central American immigrant was showed drug-related charges. The convicted in the 1990’s and sentenced to complainant insisted it was not him but death for a murder he says he did not someone else with the same name and similar commit. He alleges he was not assigned attributes. After finger-printing analysis, the Legal Representation and does not speak or complainant was exonerated and his record understand English. The interpreter assigned cleared. to his trial allegedly did not do a good or reliable job. Although his death sentence was Complaint 890 later commuted to life imprisonment, he A young mother living in Belize City believes he has suffered grave injustice. complained that members of the Police Department refused to enforce a Protection 1.10 Since most of the complaints Order in her favour. Her husband was against Prisons Department pertains remanded pending trial for the attempted to trials, sentencing, appeals and legal murder of a minor. At the time of the representation and fall within the attempted murder, the husband was in category “commencement or conduct breach of a protection order. The of criminal or civil proceedings”, the complainant feared for her safety when she Ombudsman’s intervention is found out that the accused was applying for excluded in most instances. bail. The police arrested and imprisoned the Nonetheless, the Ombudsman in the accused when he received bail, but was later spirit of public service sought to assist released in disregard of the Domestic by referring the complaints to the Violence Act of Belize, Act No. 19 of appropriate or competent body – for 2007, Laws of Belize. instance, the Honourable Kenneth Benjamin, Chief Justice of the
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Supreme Court and Chairperson of later date. The land was “assumed” to be the Judicial and Legal Services owned by the Government of Belize and was Commission, for assignment of legal sold by/to public officials who then sold it to counsel in capital cases; the Legal Aid a Real Estate Agent for listing. The parcel Centre; private legal practitioners; the was the subject matter of ongoing litigation, Attorney General’s Ministry; and and the Ombudsman has been informed that other competent bodies. a decision was recently rendered.
Complaint 1.12 Regarding the lease of national In 2014, two Guatemalan inmates asked the Ombudsman for help in getting them estates, complainants alleged the transferred to Guatemala to serve the following: remainder of their sentences there, near families and friends. The Ombudsman (i) National estates being sold to contacted the Attorney General’s Ministry, public servants or who undertook to facilitate their transfer government workers for re-sale under the Inter-American Convention on at a profit on the open market Service Criminal Sentences Abroad, (ii) Inexcusable delays in provided all the legal requirements are processing lease satisfied. applications (iii) Lost files Lands and Surveys Department (iv) Procedural improprieties: “first come not first served”, or 1.11 Complainants accused the applications were granted even Lands & Survey Department, Ministry though all the requirements had of Natural Resources, of the not been met (v) Resulting economic or following wrongdoings financial loss to the (i) Corruption applicants (ii) Unlawful compulsory acquisition of private Judiciary lands (iii) Unwillingness to resolve 1.13 Complainants alleged various title disputes wrongdoings by the Courts that make
up the Judiciary. These included the Complaint 985 Two complainants residing in California, administrative staff. The subject U.S.A., purchased property on San Pedro matters of these complaints include Ambergris Caye. The Government of Belize the following: later declared the land a compulsory registration area, requiring the applicants to apply for First Registration under the
Registered Lands Act. The complainants were not notified in time and applied at a
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2014 ANNUAL REPORT The Ombudsman of Belize
Family and Magistrate’s Courts Court of Appeal
(i) Discourtesy or abuse (i) Delays in filing or hearing appeal (ii) Bias (ii) Delays in handing down (iii) Errors in court proceedings or judgments sentencing 1.14 Most of the complaints (iv) Delays in collecting involving the judiciary were referred maintenance payments to the Legal Aid Centre and/or private Attorneys-at-Law for legal (v) Delays in enforcing court advice and representation. Except for orders complaints against administrative functions, most concerned the (vi) Inadequate or lost case files commencement or conduct of court proceedings; an adjudicated remedy; or matters within the purview of the Complaint 900 Judicial and Legal Services A man from San Ignacio Town, Cayo Commission. As a result, the District, filed in the Magistrate’s Court a Ombudsman could not intervene in civil suit involving a motor vehicle. The these matters.1 Magistrate allegedly threatened him if he did not withdraw the civil suit. She also called him in chambers and verbally insulted him. Human Services Department He later found out that the Respondent was the Magistrate’s spouse/companion. The 1.15 Much of the complaints against Magistrate had refused to recuse herself from the Human Services Department the lawsuit, even though she had direct involved child custody issues. Parents personal and financial interest in the outcome complained that the Department took of the lawsuit and was biased. The complaint custody of their children without a was referred to the Honourable Chief Justice. court order or a proper and comprehensive Social Enquiry Supreme Court and Vital Statistics Report. Most of the children were Unit victims of sexual abuse.
(i) Errors at Trial Complaint 882 A mother complained to the Ombudsman (ii) Delays with Appeals that the Department of Human Services took her teenage daughter from her custody (iii) Inadequate or inaccurate when authorities found out she was pregnant. Records Keeping The putative father has had many run-ins with the law. The Department put the teen
1 See Section 12(3) (a), (b); Third Schedule, Para. 1
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2014 ANNUAL REPORT The Ombudsman of Belize in the care of the child’s grandmother, 1.18 The remaining complaints allegedly without conducting a proper social against other authorities involved: enquiry report. (i) Impropriety in Foreclosures or exercise of the Mortgagee’s Other Authorities Powers
1.16 Many of the complaints against (ii) Loss of commercial lease or authorities such as the Public Service licence and resulting financial and Teaching Services Commissions loss pertained to the employment relationship. These include: (iii) Failure or refusal to monitor Social Security Board (i) Employment Discrimination, contributions by Employers particularly, in promotion decisions (iv) Slander, Mobile Health Unit
(ii) Employment-related Injuries Please see Appendix 1 for (iii) Harassment additional statistics.
(iv) Wrongful or Unfair Dismissal INFORMAL COMPLAINTS (v) Disciplinary Proceedings and Reinstatement 1.19 From time to time the Ombudsman receives complaints (vi) Salaries, including unlawful against private individuals or requests withholding or forfeiture for legal assistance with a transaction or litigation. These have been (vii) Pensions, including teachers traditionally referred to as “Informal pensions and pensions for Complaints” because the widows and orphans. Ombudsman is prohibited from investigating them.3 Nonetheless, the Note :Employment-related complaints were Ombudsman, in the spirit of public not limited to these two authorities service, tries to assist where possible and to the extent permissible, without 1.17 Unfortunately, the Act exceeding his statutory jurisdiction. precludes the Ombudsman from investigating any decisions regarding the employment, promotion or termination by the Public or Teaching Services Commission.2
2 See Section 12 (4) (a); Third Schedule, Para. 4 3 Section 12(1) read along with Section 2 (1)
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2014 ANNUAL REPORT The Ombudsman of Belize
The following are two instances in STATUS OF COMPLAINTS which the Office assisted informal complainants. 1.20 Of the 220 complaints received in 2014, approximately two hundred Complaint and sixteen (216) were referred, A woman visited the Office, complaining refused or terminated or are being that she bought a box of cereal from a investigated or considered for Supermarket, which contained worms. Her investigation. The remaining four son unwittingly ate the cereal only to realize (4) complaints are (informal) that it was spoiled. He became ill. The complaints. woman was encouraged to: i. Keep her sales receipt, the box of 1.21 Of the 216 complaints, a little cereal with bar code and spoiled less than half, forty per centum cereal, and any medical records; (40%), are the subject of preliminary ii. Write a demand letter and notice enquiries. The purpose of of intent to sue to the preliminary enquiries is to determine Supermarket and its owner; and, whether or not reasonable cause iii. Retain the services of an Attorney- exists to believe that the authority at-Law in order to file a claim in complained of has committed the civil (magistrate’s court within six wrongdoing alleged. The months from the date of the incident. Ombudsman makes preliminary enquires where necessary and without notice to authorities to satisfy himself Complaint that the complainants’ allegations are A widow and her adult son wanted to sell more likely than not true. Although one of the deceased husband’s real estate. the initial burden of proof is on the They needed title to the property, but could complainant, too often complainants not afford the services of an attorney-at-law do not bring any evidence to support to facilitate this transaction. The Office of their allegations. the Ombudsman: i. Prepared an application for 1.22 About a quarter (25%) of the Transmission of Title to her as complaints were refused, terminated Personal Representative; or referred without investigation. If ii. Instructed her to have the copies it is apparent that no reasonable cause properly executed before a Justice of exists, or that reasonable cause exists the Peace; and, but the Ombudsman jurisdiction to iii. Told her to take the completed investigate is ousted, the complaint is application along with payment for refused, terminated, and/or referred the appropriate fees to the Lands & to a competent entity. Survey Department in Belmopan.
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2014 ANNUAL REPORT The Ombudsman of Belize
1.23 Almost a quarter (24%) of Figure 3. complaints resulted in Notices being given to the authorities complained Status of Complaints against. Once reasonable cause has been established, and the Ombudsman’s jurisdiction is not excluded, the Ombudsman sends a Notice to the authorities complained against summarizing the allegations made; indicating intent to investigate; and, inviting comments regarding the Referred, allegations before investigation 1% Refused commences. 1% 9% Preliminary Enquiries 1.24 A little less than one-tenth 24% Notice of (9%) of authorities have provided Investigation Comments in response to allegations. 25% Comments Although this is a small percentage of Received the total number of complaints Ongoing received, the percentage is much 40% Investigation higher (about 40%) when compared Completed to the number of complaints for Closed which Notices have been given. The Police Department and the Lands & Survey Department are to be commended for their responsiveness in providing comments to notices.
1.25 A small percentage (1%) of the complaints with comments received is the subject of ongoing investigations. Likewise, about 1% of complaints have been fully investigated, findings and recommendations made, and are (to be) considered close.
Please see Figure 3 below for a graphic depiction of the status of complaints.
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II. SPECIAL REPORT Ombudsman Act. He then summoned the Chairperson of the BTSC to provide evidence 2.0 The Ombudsman may at any and the opportunity to inspect the minutes time submit a report relating to any requested. After being granted an extension particular case or cases investigated by of time to appear, the Chairperson eventually him which in his opinion requires the refused to appear before the Ombudsman special attention of the National based on the advice of the Solicitor General, Assembly.4 The following report is Attorney General’s Ministry. being submitted for the special attention of the National Assembly. Law
2.1 The identities are concealed The Education (Amendment) Rules, because the complaints are privileged. Chapter 36, Subsidiary Laws of Belize The personal information of the (Rev. Ed. 2010) provides detailed rules complainants and others will be governing the discipline and termination of provided upon request and as teachers, among other things. They state that necessary or appropriate. a teacher may be terminated for a major offence, and define a major offense as Complaint No. 939/2014, “Mr. M.” including criminal conduct or conduct which is physically or morally harmful to students Facts or other members of staff including sexual harassment. 5 The definition of sexual Mr. M, through various agents and himself, harassment is not provided in the rules but is applied for minutes of disciplinary to be found in the Protection from Sexual proceedings held by the Belize Teaching Harassment Act, Chapter 107, Laws of Services Commission (BTSC) in 2011; the Belize (Rev. Ed. 2000)(PSHA). The BTSC reviewed the decision of a government- PSHA states that sexual harassment must funded High School to terminate his teaching contain two ingredients6: One, an unwelcome employment on allegations of sexual sexual advance, request for sexual favours or harassment. He did not receive a written unwelcome sexual conduct; and, two, the reply, and applied to the Minister of person suffers a disadvantage in connection Education, Youth and Sports for an with his employment or the unwelcome internal review. The Minister did not reply. conduct unreasonably interferes with his Mr. M. applied to the Ombudsman for a work performance or creates an intimidating, review of the refusal to grant him access to hostile or offensive environment. There was the minutes pursuant to the Freedom of an unwelcome request for sexual favour. Mr. Information Act, Chapter 13, Laws of M. admitted (albeit before the District Belize, (Rev. Ed. 2000) (FOIA). The Education Council) that he asked a female Ombudsman sent notice of Mr. M’s intern if they could be “friends with benefits”, application and complaint to the BTSC, the which is a colloquial expression used to mean Chief Executive Officer, and the Minister of a relationship of a sexual nature. However, Education pursuant to the FOIA and the 5 Rule 92A (3)(b)(vii) 6 See Section 3 (4) (a) – (b), Protection from Sexual 4 Section 28 (2), Ombudsman Act. See also S. 22(1) Harassment Act
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2014 ANNUAL REPORT The Ombudsman of Belize no evidence was given to establish that the safeguard. The decision to terminate Mr. complainant suffered any disadvantage in M. for sexual harassment was not justified connection with her employment or that the procedurally, or on the merits, and is unwelcome conduct unreasonably interfered considered unlawful. Note that even under with her work performance or created an the PSHA, where sexual harassment is intimidating, hostile or offensive environment. proven, the Court has power to order the She completed her internship as scheduled guilty party from repeating sexual one month after Mr. M was dismissed. harassment conduct, to pay damages or Furthermore, a letter was written by Mr. compensation to the victim, or to be bound to M’s spiritual advisor, stating that Mr. M good behaviour.8 The BTSC could have was repentant of his conduct. followed the example provided to the Court by statute. If the misconduct did not amount to sexual harassment, Mr. M’s conduct should have These procedural safeguards against been treated - at least on the first occasion - “termination at will” were disregarded not as a minor offense. The proceedings for only by the School’s Board of Management minor offenses under the Education but also by the Teaching Services (Amendment) Rules differ from proceedings Commission. Furthermore, the Commission for major or criminal offenses. Accused of a and the Tribunal breached some of the basic minor offense, Mr. M. should have been rules of natural justice. The Commission given a caution or a (first or final) written had a duty to give Mr. M their decision in reprimand which should have been placed on writing and to inform him of his right to his record while he remained employed with a appeal to the Teaching Services Commission 100% of his salary being paid to him. If the Appeal Tribunal within thirty (30) days conduct was repeated then he could have been and the procedure for doing so. The given either a final written reprimand or Commission did not give any decision in termination as appropriate in the writing or inform him of his right to appeal. circumstances, as if he had committed a Mr. M made his appeal to the District major or criminal offense. 7 However, the Education Council, which is not responsible statutory procedure was disregarded by the for disciplinary matters but for policy and High School’s Board of Management. Mr. planning. Nonetheless, the Council M was not cautioned, given a written or a investigated and upheld the Commission’s final written reprimand. The Board decision. Eventually, Mr. M appealed to immediately terminated his employment the Teaching Services Commission Tribunal. effective November 1, 2011. The Tribunal and the BTSC are considered judicial bodies when conducting disciplinary The Education Rules have been established proceedings. As such, they must exercise their to protect teachers from unfair dismissal. powers within the legal and procedural rules There is a certain procedure to be followed of natural justice.9 They ought not only to when considering the termination of a teacher’s employment. However, Mr. M. 8 See Section 16 (2) (a) – (h), Protection from Sexual Harassment Act was deprived of this statutory procedural 9 See Bernice Freeman v. Attorney General of British Virgin Island, Claim No. BVIHCV 2008/0383, Judgment 7 See Rule 93 (1), Education (Amendment) Rules 2012 at p. 27.
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2014 ANNUAL REPORT The Ombudsman of Belize ensure a fair hearing within a reasonable Conclusion & Recommendations time but also have a duty to give decisions in writing with reasons stated therein. This duty The Ombudsman concludes that the to give reasons is indispensable because it termination of Mr. M was unlawful in that shows whether a decision is so unreasonable it was not supported by the merits of the case as to be considered fundamentally bad, and the statutory procedures and rules of therefore warranting the Court’s intervention natural justice were not complied with. Mr. in the exercise of its inherent supervisory M did not commit a major offense and he jurisdiction. It is well known that the three was deprived of his protection against unfair grounds for review of administrative action dismissal and his right to apply for judicial are: illegality, procedural impropriety, and review. For these reasons, and the subsequent irrationality. 10 In Mr. M’s case, the first conduct of the authorities, this complaint two “grounds of illegality and procedural warrants special attention and has been impropriety exist. Without a written made the subject of this report. decision, it is impossible to say if the third ground of irrationality exists. Please note The Ombudsman recommends that Mr. M. that to date, neither the BTSC nor the be given 100% of his salary from the time Tribunal has informed Mr. M in writing of his termination took effect, November 1, their decision and the reasons for it. 2011, to when he first obtained alternative Consequently, although it is possible that all employment, with all lawful and authorized three grounds for judicial review exist, Mr. deductions to be made. Since Mr. M. is M has been unable to exercise his right to now employed as a full time teacher in Belize apply to the Supreme Court for review. In City, Belize, no reinstatement is January 2014, Mr. M obtained a full recommended. Alternatively, the teaching license. A license is to be granted if Ombudsman recommends that the Teaching a Person, among other things, demonstrates Services Appeal Tribunal writes Mr. M “personal and behavioural qualities to be a within thirty (30) days from the date hereof positive role model to students” and...” of their decision with reasons stated therein. demonstrates a sense of right and wrong, the practice of moral conduct, a commitment to truth and honesty, and respect for spiritual values”.11 These two contradictory decisions indicate the degree of irrationality proscribed by the rules of natural justice.
10 See Council for Civil Service Unions v. Minister for the Civil Service, (1983) UKHL 6, at p. 16, for three grounds of judicial review: 11 See Rules 57 and 58, Education (Amendment) Rules
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III. RESOLUTION OF wrongdoings. The Ombudsman contacted the COMPLAINTS Lands & Survey Department regarding her complaint, and also encouraged the widow to 3.0 It is my pleasure to report that seek legal advice and representation. The in 2014 several complaints were widow’s lease was renewed. She now wants to resolved in a manner mutually purchase the land and avoid being in the satisfactory to the complainants and position she was prior to the new lease. the authorities. Although the Ombudsman does not take the lion’s Complaint No. 844/2013 share of the credit, these An elderly man complained against the developments indicate that the Belize Electricity Limited (BEL) for failing Ombudsman has been effective in to compensate him for a significant acreage of helping citizens to obtain justice, or his cultivated land BEL “used” to install restitution, for injustice and injury poles and transmission lines in 1998. they have suffered at the hands of B.E.L. is owned (51%) by the Government public authorities. Given the small of Belize and is considered an authority staff and limited budget, in under the Ombudsman Act. The man filed comparison to the number of a lawsuit within the statutory limitation but complaints, the Office has managed court proceedings were stayed in 2003 so the to positively impact the lives of some matter could be arbitrated pursuant to and to shift the balance of power if provisions of the Electricity Act. The only a little in favour of the citizenry. matter has not yet been arbitrated. The Thus, we are pleased to highlight the Ombudsman searched the Court file, and following developments in 2014: contacted the different parties. It was revealed that BEL had made an offer to settle the Complaint No. 973/2014 claim in the sum of $257,785.53 but the An elderly widow applied to have her complainant’s Attorney never informed him. deceased husband’s Government lease The Ombudsman wrote the complainant transferred to her as Personal Representative. informing him of this offer and strongly She obtained Grant of Letters of encouraging him to retain legal representative Administration, completed and submitted all for settlement of his claim. This complaint is the necessary paperwork, contacted the considered a more egregious example of the District Lands Inspector for a Site violation of a citizen’s constitutional right by Inspection Report, and paid rent on time. a public authority, namely, the right to After three years of being turned around, protection from unlawful compulsory with all kinds of excuses proffered, her lease acquisition of property. expired. She was about to lose over $35,000.00 invested in her home and cash crops as a result of the Department’s
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2014 ANNUAL REPORT The Ombudsman of Belize
Complaint No. 835/2013 Ministry of Education earmarked An employee of the Prisons Department $19,264.00 to be paid to the complainant dislocated his shoulder during an on-the-job for salary wrongfully withheld during an training course. He went on medical leave eight (8) months period. for a couple of months, and returned to work after being certified fit to work on condition Complaint No. 547/2012 that he avoids heavy lifting and strenuous In 2003, the Ministry of Natural Resources activities. His employment was immediately leased a parcel of land in the St. Martin De terminated without any compensation for his Porres Area, Belize City, to the injury or lost wages. He complained to the complainant. A month later the Ministry Labour Department and the Ombudsman. wrote him asking him to cease and desist The Ombudsman contacted all parties from filling the land because it belonged to concerned, including the Labour someone else. In 2005 the complainant was Department, and also encouraged the given permission to purchase the same parcel. complainant to seek legal advice and A couple years later he was told that the representation for an intended lawsuit. The land was not his. He complained to the complainant was subsequently awarded an Minister and other representatives from the out of court settlement in the sum of Lands Department who promised him $9,522.00 in exchange for releasing the compensation for the landfill and different Prisons Department and the Kolbe parcel of land. He was given a different Foundation from all liabilities, claims and parcel, but was not compensated for the actions pertaining to the incident. landfill. With the intervention of the Ombudsman, the complainant received Complaint No. 640/2012 $12,000.00 as final settlement for unjust A teacher was denied a teaching license, enrichment. which is mandatory for employment, because he was found to have been convicted of a Complaint No. 137/2012 felony indicating unsuitability for the A Belize City woman received $1,090.00 teaching profession. He had two convictions from the Government of Belize as for possession of controlled drugs years compensation for personal property earlier. It was determined that these mishandled by members of the Police convictions were misdemeanours and not Department. The property consisted mostly felony. Consequently, the Teaching Services of personal jewellery that had been stolen but Commission and the Chief Education recovered. The items were used as exhibits Officer should not have denied him his during a criminal trial. Instead of returning teaching license or terminated his employment the items to the complainant at the on this basis. The Ombudsman intervened, conclusion of the trial, as ordered by the and in his Thirteenth Annual Report Magistrate, the Police Department auctioned included a Special Report to the National the items. The complainant was Assembly requesting his reinstatement and compensated for her loss occasioned by the payment of salaries owed. As a result, the conversion of her property by the Department.
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2014 ANNUAL REPORT The Ombudsman of Belize
IV. FREEDOM OF Barrow, for presentation to Cabinet INFORMATION ACT and then to the National Assembly after which it can be considered a public document. The applicant 4.0 The Freedom of Information applied to the Ombudsman for a Act, Chapter 13, Substantive Laws of review of the Auditor General’s Belize (Rev. Ed 2000), is intended to decision. The Ombudsman reviewed improve transparency in public the evidence and upheld the Auditor administration. It requires public General’s decision. bodies12 to give the public access to documents such as manuals, rules, procedures, guidelines, public 4.2 In May 2014, a dissatisfied taxi registers, documents available for driver applied to the Honourable purchase, fees and charges payable Mayor of the Belmopan City Council and the like. Access is limited to and the Chief Executive Officer, documents that are not exempt. A Department of Transport, for the sufficiently detailed written request is following information pursuant to the made13 and the authority promptly Freedom of Information Act15: makes a decision to grant/deny access. If access is denied, the . An official list of all taxis or authority must notify in writing the taxi owners/operators for the requesting party and give reasons. If years 2012 to 2014 who are still dissatisfied, the requesting party approved to operate from the can apply to the Ombudsman under Belmopan City Market Square Part V of the Act for a review of the and the Belmopan City Bus decision.14 Terminal . The criteria used for selecting 4.1 In April 2014, the Ombudsman the approved taxis or taxi received the first application for owners/operators review of a decision pursuant to the . Application procedures for Freedom of Information Act. The selection applicant, a non-profit organization, . Regulations and/or Minutes of applied to the Auditor General for Proceedings of the Belize City access to all information obtained Council, Transport Advisory from an on-going investigation of the Council and/or Transport Immigration and Nationality Department pertaining to Department. The Auditor General selection denied this request for access because the Audit Report first had to be No one replied. The complainant did submitted to the Honourable Minister not apply to the (responsible) of Finance, the Rt. Hon. Dean O. Ministers of Government for an
12 See Section 3 (1), Freedom of Information Act 13 See Sections 7(1) (a)-(b), 9, and 12(1), (2) 14 Section 35 (1) 15 Section 9, Freedom of Information Act
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2014 ANNUAL REPORT The Ombudsman of Belize internal review. Since no reply had been received, the complainant could not apply to the Ombudsman for a review of the decision. The Ombudsman treated the matter as a complaint and decided to investigate pursuant to the Ombudsman Act. After receiving notice of the Ombudsman’s intent to investigate, the Honourable Mayor Mr. Simeon Lopez was kind enough to comment and offered the complainant the opportunity to dialogue and a new location for operation of his taxi services.
4.3 A third application was made to the Ombudsman pursuant to the Freedom of Information Act. Since this application was also treated as a complaint pursuant to the Ombudsman Act and has been dealt with above as a Special Report, it has not been included in this section.
4.4 Subsequent to these Applications, the Ombudsman has received no new applications under the Freedom of Information Act. Also, please note that only the first application above-mentioned has not been counted in the statistics relating to complaints made pursuant to the Ombudsman Act.
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V. INSTITUTIONAL include: COLLABORATION Poor sanitation or hygiene in Police Department prison cells Overcrowding of prison cells 5.0 In April 2014, the Ombudsman Medical condition of some presented the Commissioner of Police prisoners, especially the elderly with a list of 499 complaints made and females against the Police Department during the years 2009 to 2014, and asked for 5.2 Despite the seriousness of the updates. Within one month, the situation, observable progress had Department responded and provided been made in 2014 to improve the this Office with updates on 42 quality of life for inmates. These complaints. The Department and the include the following: Ombudsman have also been meeting on a monthly basis to review progress A full-time medical doctor in handling of complaints for the (general practitioner) is now on years 2012 to 2014 as well as new site. complaints. The Ombudsman also Karl Heusner Memorial collaborated with the Police Hospital continues to provide Department in matters of training, necessary medical and surgical mentioned below. Both parties have treatment to inmates, and to indicated a willingness to formalize defray most of the costs this relationship, through proper associated with such treatment. channels. Consultant Joseph Middleton prepared and published his Prisons Department finding and recommendations for improvements to the prison 5.1 The employees of the Prisons system, in the report above- Department and its managing agency, mentioned. the Kolbe foundation, made themselves very accessible to the Ombudsman and his staff. In 2014, Criminal Justice Reform Board the Ombudsman and his staff toured the Belize Central Prison and met 5.3 In 2014, the Ombudsman and with prisoners and staff of the Prisons his staff met with Ms. Sarah Fearnley, Department and Kolbe Foundation Criminal Justice Adviser. Ms Fearnley on many occasions. The prisoners works with the Criminal Justice made complaints, which have been Reform project funded by the United dealt with in preceding sections. The States of America Department of Ombudsman and his staff also made Justice and the United Kingdom’s their own observations. These Crown Prosecution Services.
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2014 ANNUAL REPORT The Ombudsman of Belize
5.4 She invited the Ombudsman to be represented on the Criminal Justice Reform Board. As of July 2014, the Ombudsman, or his representative, has been attending monthly Board meetings. The meetings are held at the Supreme Court Building and are chaired by the Honourable Kenneth Benjamin, Chief Justice of the Supreme Court of Belize. The Board’s goal is legislative reform in the following areas:
Miss Sarah Fearnley, Criminal Justice Adviser Criminal Procedure Rules (C) Police Rules on Caution Statements Ministry of Human Development Protection of Witnesses during Investigation and 5.6 In 2011, the Ombudsman Trial along with the Women’s Department, Human Services Department, Electronic Recording of Director of Health Services and Interviews Police Commissioner worked Video Links in together to establish the Protocols for Proceedings Multi-Sectorial Response to Sexual Violence. Since then, the 5.5 The legislation and rules have collaboration between the Ministry of been drafted primarily by Ms. Human Development, especially the Fearnley, with the input of all the Women’s and Human Services relevant institutions and persons, and Departments, and the Ombudsman are near finalization. It is anticipated has continued. that they will become law in the first quarter of 2015. United Nations Trust Fund Project on Gender-Based Violence
5.7 In April 2014, the Office of the Ombudsman contributed to the formulation of the Terms of Reference for a consultant who will conduct an investigation into issues raised in the report “Strengthening State Accountability in the Policing and Prosecuting of Sexual Offenses”,
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2014 ANNUAL REPORT The Ombudsman of Belize prepared by (then) Attorney-at-Law trafficking and femicide through Antoinette Moore in 2009. interventions on the factors that contribute to it and on improving first 5.8 In May 2014, the Ombudsman response. It is endorsed by the and his Staff had the pleasure of Central American Integration System welcoming from the United Nations (SICA’S) Heads of Government and Trust Fund Mission team Claudia supported by the United Nations Briones, Women’s Programme Fund for Population Activities Specialist, and Gabrielle Henderson, (UNFPA) and the International United Nations Entity for Gender Organization for Migration (IOM). Equality and Empowerment of The project will be implemented in Women. six (6) cluster communities throughout Belize which were 5.9 In August 2014, the carefully selected. The Ombudsman Ombudsman and his staff sits on the National Gender Base participated in a video as part of a Violence Committee (NGBVC) and public education campaign on the use has been participating in meetings of the Ombudsman’s Office for since June 2014. complaints on the Government’s response to incidence of gender- ATIPS Council based violence. This video was produced by 13 Productions and aired 5.12 The Ombudsman also for three consecutive weeks during collaborated with the Anti-Trafficking the months of October and in Persons Council (ATIPS) November 2014 on Love FM, Krem pertaining to the BA1 project, and Plus TV in Belmopan. The video mentioned above and to facilitate was aired during the evening news to training in relevant legislation under reach a larger audience. the Access to Justice Program. The training is detailed below. 5.10 The Ombudsman is also a member of the National Gender- University of Michigan based Violence Committee, which deals with activities sponsored under 5.13 The arrangement with the the United Nations Trust Fund as University of Michigan continued in well as the Central American 2014. Four students from the Integration System (SICA), University of Michigan worked as particularly, the BA1 Project. interns for the Office of the Ombudsman. The group was asked BA1 Project to prepare legal opinions on two difficult complaints. GeDa Jones and 5.11 The project BA1 Prevention of Britney Littles dealt with Complaint Violence against Women in Central No. 642, which involved America seeks to contribute to the unwarrantable use of force by the reduction of violence against female Police Department. Zhandos Kuderin
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2014 ANNUAL REPORT The Ombudsman of Belize and Julie Kornfeld dealt with Bureau of Democracy, Human Complaint No. 713, which involved Rights and Labour allegations of medical and Mr. Robert Gibson, INL professional negligence and Coordinator, U.S. Embassy, Belize misconduct. They advised the His Excellency Peter Hughes, Ombudsman as to the legal courses of British High Commissioner to Belize action available in respect of each. Her Excellency Ms. Paola Amadei, European Union Ambassador to Red Cross Society Belize
His Excellency, Yoel Perez 5.14 In 2014, the Office of the Marcano, Ambassador ofVenezuela Ombudsman collaborated with the to Belize Belize Red Cross Society in training home health care workers, as 5.16 At these meetings, the mentioned below. Ombudsman promoted his Agenda
for his term of Office. This Agenda Meetings consists of the following priorities:
5.15 During 2014, the Ombudsman Public Education and his staff had the honour and Campaigns privilege of meeting with various foreign and local dignitaries. Highlights were meetings with the Constitutional and following: Legislative Changes to the Ombudsman Act.
His Excellency Sir Colville Young, Resource Mobilization for Governor General of Belize the Office of the Honourable Kenneth Benjamin, Ombudsman Chief Justice of Belize Honourable Gaspar Vega, Establishing Strategic Chairman, Ombudsman Reports Partnerships, especially in Committee the area of Human Rights Honourable Pablo Marin, Minister Protection of Health Honourable Patrick Faber, Minister of Education, Youth and Sports VI. TRAINING AND Her Excellency, Margaret CONFERENCES Hawthorne, former Chargé d’Affaires for Belize, United States 6.0 In March 2014, the Embassy Ombudsman met with the Toledo Mr. Cory Andrews, Foreign Service staff of the Education Department Officer, U.S. State Department’s and visited four primary schools, namely, San Felipe, Santa Ana,
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2014 ANNUAL REPORT The Ombudsman of Belize
Midway, and Barranco Roman the Legal Aspects of Land and Catholic and Government Schools. Maritime Border Security, also The Ombudsman made presentations sponsored by DIILS. to the faculty, staff and students on “The Role of the Ombudsman”. 6.3 In July 2014, the Ombudsman attended the Prison Reform 6.1 On April 8, 2014, at the request Roundtable Discussion which was of the Belize Red Cross Society, Legal hosted by the Belize Bar Association Officer Ms. Rubiceli Perera prepared and sponsored by the United and delivered a one-hour training Kingdom’s Death Penalty Review presentation to home health care Project. The Discussion centered on workers on the Law and Patient the findings of Joseph Middleton, Abuse. The training took place at Consultant, concerning the prisons Belize’s ITVET (Institute for system in relation to juvenile justice; Technical and Vocational Education long-term prisoners; the mentally ill; and Training) on Freetown Road, and, other groups. Mr. Middleton Belize City, Belize. The training published his findings in a report focused on: called “Behind the Prison Gates: Findings and Recommendation from Liability of Health Care a visit by Joseph Middleton to the workers under the Criminal Belize Central Prisons” (2014). Code, Chapter 101, Laws of Belize, Rev. Ed. 2000 6.4 On July 8, 2014, the Liability of Health Care Ombudsman and Mr. Slusher did a workers under Civil (Torts) presentation to the Police Recruits at Law dealing with Trespass to the Police Training Academy in Person, Medical Negligence Belmopan City, Cayo District on the Screening for Patients “Role of the Ombudsman.” Abused by “Third Parties” (i.e. not health care workers) 6.5 From August 11 to 15, 2014, the Ombudsman and his Records and 6.2 From April 22 to 25, 2014, the Research Officer attended the Ombudsman and his Legal Officer Mediation and Negotiation Training attended a training seminar on the for National Human Rights Institute Legal Aspects of Combating in Kuala Lumpur, Malaysia. The Corruption, which was sponsored and training was sponsored by the facilitated by the United States’ Commonwealth Secretariat in Defense Institute of International partnership with the South African Legal Studies (DIILS) and convened based ACCORD (African Centre for at Price Barracks, Ladyville, Belize. Constructive Resolution of Disputes). From May 19 to 23, 2014, the Ombudsman and the Records and Research Officer, Mr. Clarence Slusher, attended a similar seminar on
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Trafficking in Persons (Prohibition) Act, Act No. 2 of 2013 Commercial Sexual Exploitation of Children (Prohibition) Act, No. 3 of 2013 Criminal Code (Draft) Amendments, Ch. 101, Laws of Belize
6.8 In November 2014, Ms. Perera, the Ombudsman and Mr. Slusher Mediation and Negotiation Training, Kuala prepared and delivered a one-hour Lumpur, Malaysia training presentation to Police
Officers on Case Management and 6.6 On October 22, 2014, the Negotiation. The training focused on Ombudsman and Mr. Slusher did a the importance of case management presentation on the “Role of the in police investigation, in light of the Ombudsman” to the faculty, staff and backlog of criminal cases and the students of St. Ignatius High School, (draft) Criminal Procedure Rules Evening Division, Santa Elena, Cayo which will soon become law. It also District. focused on the importance of
negotiating plea bargains to help 6.7 In October and November dispose of criminal cases. The training 2014, Miss Perera helped to facilitate was sponsored by the Belize Police training presentations as part of the Department, Belize Defense Force Children’s Access to Justice Program and the International Committee for sponsored by the ATIPS (Anti- the Red Cross. The training took Trafficking in Persons Council), the place at the Police Training Academy, Ministry of Human Development, Belmopan City, Cayo District. and the National Committee for
Families and Children (NCFC). The 6.9 In June and December 2014, training targeted “front-line” workers the Office of the Ombudsman hosted from the Police Department, interns Miss Tamara Hemsley and Immigration and Nationality Miss Josephine Flores. These two Department, Human Services young ladies are senior high school Department, Health Care workers, students from Edward P. Yorke High and others in all six districts. Miss School and Gwen Lizarraga High Perera facilitated the sessions for School, respectively. The young ladies Toledo and Stann Creek only. The learned about office procedures, use presentations focused on the of office equipment, dress code, following legislation: punctuality, personal relations and
other workplace skills.
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2014 ANNUAL REPORT The Ombudsman of Belize
Meetings Mediation and Negotiation Training, Kuala Lumpur, Malaysia
Mr. Cory Andrews, U.S. Bureau of Democracy, Human Rights and Labour (2R)
Mr. Andrews & Officers of the U.S. Embassy to Belize
Her Excellency, Ms. Paola Amadei, European Union’s Ambassador to Belize (C) Ombudsman (L), Mr. Slusher (R)
Claudia Briones (L), Gabrielle Henderson (R), U.N. Trust Fund Mission Team
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Access to Justice Training, Belize Tour of Primary Schools In The Toledo District, Belize
Group Work
Group Presentation
Conclusion of Training Session in Punta Gorda Town, Toledo District
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2014 ANNUAL REPORT The Ombudsman of Belize
VII. ADMINISTRATIVE Ombudsman wishes Mr. Selgado MATTERS much success in his new undertaking.
7.0 In 2014, the Office of the Ombudsman carried out its mandate, an enormous responsibility given the number of complaints and the human and financial constraints. Nonetheless, as in previous years, the Ombudsman and his employees overcame these challenges and constraints and discharged their responsibilities with much Ms. Rubiceli Perera, Legal Officer, and the professionalism and hard work. Ombudsman, after Oath Ceremony
7.1 The year 2014 brought some personnel changes to the Office. In Mr. Lyndon Mai is a retired Sergeant the early part of 2014, the Office of of the Belize Defense Force. During the Ombudsman welcomed three new his twenty-two years as a soldier, Mr. employees: Mai served with diligence and loyalty. He also took courses in counter Ms. Rubiceli Perera, Legal narcotics, crime scenes, combat Officer medicine, infantry tactics and Mr. Lyndon Mai, Security international legal studies. Officer Ms. Kimberlyn Marin, Office Cleaner Ms. Kimberlyn Marin is a graduate of
Gwen Lizaragga High School. She Miss Perera replaces the outgoing Legal Officer, Mr. Oscar Selgado, once worked as a domestic/labourer who opted not to renew his contract at local business places in Belize City, in order to pursue a career as a private Belize. Ms. Marin replaces Ms. Gilda law practitioner. Miss Perera’s Leslie, who retired in 2014. qualifications include a Bachelor of Laws degree from the University of the West Indies, Cave Hill, Barbados, and a Certificate of Legal Education from the Norman Manley Law School, Mona, Jamaica. She also has some experience in private practice as an Associate with the established firm of W.H. Courtenay & Co. The
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Thank you Ms. Gilda Leslie, for years of Don’t Suffer in Silence! dedicated service to the Ombudsman’s Office!
The logo’s graphics depict the work 7.2 In August 2014, the Office of of the Ombudsman, listening to the Ombudsman designed a new logo complainants and investigating for use on all documents and complaints, as well as the principles materials. The design was initiated as with which he executes his functions a result of the collaboration between within the entire territory of Belize. the Office of the Ombudsman and These principles are: the Women’s Department, Ministry of Human Development, Social Rule of law Transformation and Poverty Peace Alleviation. A logo was required for a Fairness & Impartiality joint public education campaign, including a video “infomercial” on the Confidentiality role of the Ombudsman in assessing Freedom of expression the Government’s response to reports Expeditiousness of gender-based violence. 7.4 In September 2014, notice of 7.3 The Logo consists of scales of the new Logo was published in the justice with speech captions, the map Government Gazette. The logo was of Belize, a dove with an Olive used on the infomercial on gender- branch, the words Ombudsman of based violence and is now routinely Belize and the motto “Don’t Suffer in used on correspondence; the new Silence”; the colours are black, white website, www.ombudsmanbelize.com; and gold. The logo, in its entirety, is brochures; and other materials. shown below: 7.5 The Ombudsman also took initial steps towards establishing office procedures and making a Complaints Register available to the public.
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2014 ANNUAL REPORT The Ombudsman of Belize
7.6 As 2014 has ended, this 7.7 The Ombudsman also opportunity is taken to recognize and acknowledges and expresses much express appreciation to the following appreciation to the staff of the Ombudsman’s staff for their National Assembly: Mr. Eddie professionalism and diligence during Webster, Clerk; Ms. Clarita Pech, the past year: Deputy Clerk; Ms. Valentina Emmanuel, Finance Officer; and LEGAL OFFICER other members of staff. Without their Ms. Rubiceli Perera continued and invaluable support, the Office of the Ombudsman would not RECORDS & function as smoothly as it has. RESEARCH OFFICER Mr. Clarence D. Slusher, Jr. 7.8 Last but not least, the Ombudsman expresses much SECRETARY Miss Trina Lizama gratitude to the following persons who provided support and guidance during the past year: the Honourable SECURITY OFFICER Kenneth Benjamin, Chief Justice of Mr. Lyndon Mai Belize; Mr. Godwin Arzu, Contractor General; Mr. Gian Gandhi, Legal OFFICE CLEANER Adviser, Ministry of Finance; as well Ms. Kimberlyn Marin as all other persons and institutions
who were not mentioned individually.
Ombudsman and Staff
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VIII. CONCLUSION the Ombudsman in certain instances. 8.0 In 2014, the Ombudsman discharged his mandate with a (iii) Support the Ombudsman’s reasonable measure of success. With a public education campaign limited staff and budget, his Office and other efforts. One made measurable strides in dealing specific recommendation is to fairly and efficaciously with the two continue airing throughout hundred and twenty (220) new 2015 (and beyond) the complaints as well as previous years’ “infomercial” on role of the complaints. This is no easy task given Ombudsman in relation to the limited resources; the fact that complaints involving the complainant considers his complaint Government’s response to of utmost urgency; and, in many reports of gender-based instances, the authorities are slow or violence. This would help the reluctant to respond. message reach more people and make a more lasting and 8.1 There is still much more work significant impact. to be done. As stated in the Ombudsman’s introduction this (iv) Formalize work relationships report is not merely a report on the and improve cooperation with exercise of his functions for the year the Office of the 2014 but also is a feedback of public Ombudsman, specifically, to opinion and a starting point for limit overlap of functions and reform. In light of this, we would like to provide for the more fair, to make the following expeditious, and efficient recommendations to assist the resolution of complaints. Ombudsman in better exercising his Priority is being given to the functions and, generally, for the better Police Department, which protection of fundamental human accounts for more than half rights and freedoms in Belize. of all new complaints, as well as the Legal Aid Centre. 8.2 We humbly recommend and Complaints involving court petition the Government of Belize proceedings are frequently the authorities, civil society, and referred to the Legal Aid others to: Center. However, there is no working relationship between the Ombudsman and the (i) Make the Office of the Center regarding referrals. Ombudsman a constitutional office. (v) Make the Legal Aid Centre of Belize an independent (ii) Modify the Ombudsman Act institute. to broaden the jurisdiction of
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(vi) Establish an Office of Public wear body cameras in the Defender for capital and non- conduct of their duties to help capital criminal cases, either as reduce the number of allegations part of or separate from Legal of “Police Brutality” and to Aid. provide evidence in court proceedings. (vii) Change the Constitution of Belize to provide for the (xii) Every land transaction – from election of Judges of the searches to application to titles, Supreme Court and Court of transfer and other transaction- Appeal. This would give them should be logged in real time in a stronger security of tenure database/network and updated needed as Guardians of the very frequently. Much of this Constitution and fundamental information should be made human rights and freedoms. available online.
(viii) Train the staff of the Kolbe (xiii) Ratify and incorporate into Foundation, Prisons domestic law important Department and others in the international human rights procedural rules pertaining to treaties such as the International appeals from the Inferior Court Covenant on Economic, Social and the Supreme Court of and Cultural Rights so that Belize. Belizeans will be able to fully benefit from the protection of (ix) The Courts should train and these rights. make available very skilled, reliable and honest Court (xiv) Establish a National Human interpreters (English/Spanish), Rights Institution in Belize. especially where Defendants face long-term imprisonment. 8.3 Some of the ideas for these recommendations originated from (x) Appoint ‘Visiting Justices’ to colleagues, complainants, and conduct sporadic inspection concerned citizens. Some can be tours; make inquiry and checks implemented in the short term while at the Belize Central Prison in others require more thought and the interest of protecting preparation and can only be constitutional rights and implemented in the long-term. Some hearing complaints regarding will require far more resources than the infringement or likely others. They are presented in this infringement of those rights. Fourteenth Annual Report as a starting point for discussion and (xi) Police officers and especially consideration. members of the Gang Suppression Unit (GSU) should
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2014 ANNUAL REPORT The Ombudsman of Belize
8.4 For the better execution of his functions, in 2015, the Ombudsman intends to strengthen collaboration and support from the authorities, civil society and other partners working in areas related to human rights. The opportunities for collaboration and linkages include the following:
Public Education
Advocacy
Identifying, elaborating and implementing projects pertaining to the protection of fundamental human rights
Strategic Partnerships for coordination, resource- mobilization, costs sharing, projects, and public education
Establishment of a National Human Rights Institute
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2014 ANNUAL REPORT The Ombudsman of Belize
APPENDICES
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2014 ANNUAL REPORT The Ombudsman of Belize
APPENDIX 1. STATISTICS Chart 1. 2014 Complaints, by Month*
100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Monthly Year Total
* Monthly percentages of the total (220) complaints received in 2014.
Chart 2. Complaints against the Police Department (2012 to 2014)
183 211 220 250
200
150 99 100 54 116 50
0
2012 2013 2014
Police Total Year Total
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2014 ANNUAL REPORT The Ombudsman of Belize
Chart 3. Complaints by District
400
350 116
300
31 250 13 15 16 16
200 District Total Country Total 150
100
50
220 220 220 220 220 220 0 Corozal Orange Belize Cayo Stann Creek Toledo Walk
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2014 ANNUAL REPORT The Ombudsman of Belize
Chart 4. Complaints, By Subject Matter
A. Subject Matter, Ministry of National Security
Appeal, Prisons
Employment Related Matters 8% 29% 4% False Imprisonment/Malicious Prosecution 9% Legal Counsel, Prisons 2%
Misconduct
3% Non-investigation 1% 5% 25% Property/Exhibits 14% Transfer, Prisons
Unlawful Search and Seizure
Unwarrantable Violence
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2014 ANNUAL REPORT The Ombudsman of Belize
1 B. Subject Matter, Other Authorities
Business Lease/License
Child Custody & Safety
4% 8%
17% Employment Related Matters 29% Foreclosure
Land Matters
Other Matters
8%
34%
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2014 ANNUAL REPORT The Ombudsman of Belize
Chart 5. Status of Complaints
STATUS AUTHORITY
R P N C O CL TOTALS
Treasury Department 0 1 0 0 0 0 1
The Office of the Director of Public Prosecutions 2 0 0 0 0 0 2
Min. of Edu./St. Martin Sch. 0 0 0 0 0 1 1
Teaching Services Commission 0 3 0 2 0 0 5
Development Finance Corporation 1 1 0 0 0 0 2
Income Tax Department 1 0 0 0 0 0 1
Reconstruction & Development Corporation 0 0 0 1 0 0 1
Social Security Board 1 1 0 0 0 0 2
Belize Medical Council 1 0 0 0 0 0 1
Cleopatra White Polyclinic 0 0 1 0 0 0 1
Karl Huesner Memorial Hospital Authority 2 0 0 0 0 0 2
Public Health Department 2 0 0 0 0 0 2
Human Services Department 1 2 1 0 0 0 4
Immigration & Nationality Department 2 2 1 0 0 0 5
Court - Family 4 3 4 0 0 0 11
Court - Magistrates 8 2 1 0 0 0 11
Court of Appeals 1 0 0 0 0 0 1
Supreme Court 2 0 0 0 0 1 3
Supreme Court, Vital Statistics 1 2 0 0 0 0 3
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2014 ANNUAL REPORT The Ombudsman of Belize
Supreme Court, Legal Aid Attorneys-at-law 2 0 0 0 0 0 2
Labour Department 0 2 0 0 0 0 2
Belize City Council 0 1 0 0 0 0 1
Fire Department 0 1 0 0 0 0 1
Liquor Licensing Board 0 1 0 0 0 0 1 1
Punta Gorda Town Council 1 0 0 0 0 0 1
Belmopan City Council 0 0 0 1 0 0 1
San Pedro Town Council 0 0 1 0 0 0 1
Village Council 0 0 0 1 0 0 1
Belize Coast Guard 1 0 0 0 0 0 1
Belize Defence Force 3 0 0 0 0 0 3
Police Department 12 53 39 10 2 0 116
Prisons Department 2 1 0 0 0 0 3
Lands & Survey Department 2 6 5 2 0 0 15
Ministry of Agriculture 1 0 0 0 0 0 1
Public Services Commission 1 0 0 1 0 0 2
Transport Department 0 1 0 0 0 0 1
Ministry of Works 0 1 0 0 0 0 1
Youth for the Future 0 0 0 1 0 0 1
TOTALS16: 5 5 8 6 53 19 2 2 216
16 Does not include informal complaints, such as requests for assistance with land transfers
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2014 ANNUAL REPORT The Ombudsman of Belize
LEGEND:
R – Complaints referred, refused, terminated or withdrawn P – Preliminary Enquiries are being made to establish reasonable cause
N – Notice of complaint and intent to investigate sent to the authorities
C – Comments regarding allegations received from the authorities O – Complaints subject of ongoing investigation, after comments received CL – Investigation of complaint completed and filed closed
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2014 ANNUAL REPORT The Ombudsman of Belize
APPENDIX 2. How to Make a Complaint to the Ombudsman
Before making a complaint to us, have you already contacted the government department or authority to complain? Please note that we do not usually investigate and contact details, before you complaints if you have not raised the contact us. Also please bring in as complaint with the department or much supporting documents and authority first. However, if you feel information pertaining to your you have a good reason not to contact complaint. the authority first then please call or visit us. There are several ways to make a complaint: To help expedite the investigative . Written complaints – download process, please try to write down our written complaint form from all relevant information pertaining our website, and e-mail, fax, mail or to the department or authority, hand deliver it to our office. such as letters, telephone . Appointments preferred but conversations, meetings, dates, names Walk-ins welcome.
Ombudsman Contact Details:
Office/Mailing Address: 91 Freetown Road, Second Floor P.O. Box # 1376 Belize City, Belize Tel: 223-3594 or 223-3198 Fax: 223-3198 Email: [email protected] Website: http://www.ombudsmanbelize.com/ Facebook: http://www.facebook.com/ombudsman.belize Opening Hours: Monday to Friday, 8:00 a.m. – 12:00 p.m. 1:00 p.m. – 5:00 p.m.
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APPENDIX 3. INVESTIGATIVE PROCESS
Written Complaint received by Ombudsman
Ombudsman reviews complaint, determines if there is jurisdiction and reasonable cause to investigate, and that the matter is not frivolous, vexatious or too tardy.
Decides to Investigate Decides not to investigate
Written Notice of Intent to Investigate sent Decision with reasons given to the to Principal Officer of Authority, Officer, Complainant Member and Minister
Comments and Supporting Documents, including reports, Report received from the Authority.
Information reviewed and additional information & clarifications, by way of Hearings or otherwise, obtained by the Ombudsman.
Investigation completed. Findings and Recommendations sent to Principal Officer, Officer and Member for opportunity to be heard.
Ombudsman’s Findings & Recommendations Final.
Recommendations not implemented. Recommendations Implemented by Complainant dissatisfied. Authority. Case Closed. Ombudsman prepares a Special Report to the National Assembly.
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2014 ANNUAL REPORT The Ombudsman of Belize
APPENDIX 4. The Ombudsman Act, Key Provisions
The Ombudsman’s authority to Supreme Court for redress for investigate complaints is detailed in contravention of provisions for the Ombudsman Act. The legislation the protection of fundamental allows the Ombudsman to produce rights and freedoms. annual reports and special reports Section 13 available to the public. The full text may investigate on his own of the Act can be found at: initiative or on a complaint made to him. http://www.belizelaw.org/lawadmin/ Section 14 PDF%20files/cap005.pdf may hear complaints made by
any person or body of persons It states the following in regards to but complaints made by an the powers of the Ombudsman. authority. Namely that the Ombudsman: Section 15 may refuse to undertake an Section 2 investigation if he believes shall regard “authority” as - the complaint is trivial meaning a Ministry, department - the complaint is frivolous or agency of Government, the
Belize Police Department, a City - the complainant has been or Town Council or any other deferred for too long statutory body. - the complainant lack Section 4 sufficient interest
will serve terms lasting three - no investigation is necessary years. Section 17 Section 12 may adopt whatever procedure may investigate where he has he considers appropriate and reasonable cause to believe that may obtain information from an authority has been guilty of such persons and in such corruption or wrongdoing or any manner, and may make such person may have sustained enquiries as he thinks fit. injustice, injury or abuse as a Section 18 result of any action taken by an may require any officer or authority. shall not be precluded member of a public authority to from investigating any matter furnish and produce any where it is open to the document in relation to the complainant to apply to the investigation of any matter.
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Section 20 may enter any premises occupied by any authority in order to inspect any document or record therein in respect of any matter under investigation. Section 21 shall inform the principal officer of the authority concerned of the result of his investigation and, if necessary, his recommendations for action to be taken by that authority. Section 25 shall regard as secret and confidential all documents, information and things disclosed to them in execution of any of the provisions of this Act. Section 29 shall, when investigating a complaint, record in a register: - the name of the complainant - the subject matter and date of the complaint - the Ombudsman’s decision respecting the complaint Section 30 Every person who wilfully contravenes section 14, makes any false statement to the Ombudsman or who obstructs, hinders or resists the Ombudsman shall be guilty of an offence and liable to summary conviction.
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