2014 ANNUAL REPORT The Ombudsman of Belize2014 THE FOURTEENTH ANNUAL REPORT OF THE OMBUDSMAN Page | 0 “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) Page | 1 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 Page | 2 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 Page | 3 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 Page | 4 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. Page | 5 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 Page | 6 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