2001-2002 THE THIRD ANNUAL REPORT OF THE OMBUDSMAN T B H E E O L F O I B Z U E D S M A N “Truly a haven of Democracy” 1 The THIRD ANNUAL REPORT OF THE OMBUDSMAN Prepared for laying before the Senate of Belize and the House of Representatives pursuant to Section 28(2) of the Ombudsman Act, No. 7 of 1994 2 TABLE OF CONTENTS ACKNOWLEDGEMENTS …………………………………..7 INTRODUCTION …………………………………..11 MAJOR CONCERNS ………………………………….13 FORMAL COMPLAINTS BY DEPARTMENT……………………….38 MAGISTRACY …………………………………..41 POLICE DEPARTMENT ………………………………….44 FAMILY COURT ………………………………….80 PRISON ………………………………….86 LABOUR DEPARTMENT ………………………………….95 LANDS DEPARTMENT …………………………………101 EDUCATION DEPARTMENT …………………………………122 HOUSING DEPARTMENT ………………………………….125 NATIONAL FIRE SERVICE ………………………………….127 BELIZE DEFENCE FORCE ………………………………….130 HEALTH DEPARTMENT ………………………………...131 INCOME TAX DEPARTMENT …………………………………133 IMMIGRATION DEPARTMENT …………………………………135 PROSECUTION DEPARTMENT …………………………………137 MINISTRY OF WORKS ………………………………….140 3 TREASURY DEPARTMENT …………………………………..141 TRANSPORT DEPARTMENT …………………………………..142 SUPERVISOR OF INSURANCE ….. ……………………………...145 RECONSTRUCTION & DEVELOPMENT COOPERATION ………………………………….146 UNIVERSITY OF BELIZE …………………………………..147 BELIZE CITY COUNCIL …………………………………..148 VILLAGE COUNCILS …………………………………..152 SOCIAL SECURITY …………………………………..154 PRIVATE SECTOR …………………………………..158 OMBUDSMAN FOR BETTER GOVERNANCE……………………..159 OPEN FILES …………………………………..160 CITIZENS COMPLAIN – INFORMAL COMPLAINTS …………………………………..161 PUBLIC INTERVENTIONS …………………………………..171 CHALILLO DAM …………………………………..175 SPEAKING OF HEROES …………………………………..187 SPANISH SECTION …………………………………..190 4 Ombudsman Office 56 Regent Street Belize City, Belize Central America Tel: (02) 70985 Tel/Fax: (02) 70967 Email: [email protected] (1 April 2002) Ref: 3/AROMB/2002 Hon. Silvia Flores President of the Senate National Assembly Belmopan Dear Madam President, I have the honour to present the Ombudsman Annual Report which covers the period 1 April, 2001 – 31 March, 2002. The report is submitted in accordance with Section 28(2) of the Ombudsman Act, No 7 of 1994 which states: - “The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.” Respectfully, ____________ Paul Rodriguez (Ombudsman of Belize) 5 Ombudsman Office 56 Regent Street Belize City, Belize Central America Tel: (02) 70985 Tel/Fax: (02) 70967 Email: [email protected] (1 April 2002) Ref 4/AROMB/2002 Hon. Elizabeth Zabaneh, O.B.E Speaker of the House of Representatives The National Assembly Belmopan Dear Madam Speaker, I have the honour to present the Ombudsman Annual Report which covers the period 1 April, 2001 – 31 March, 2002. The report is submitted in accordance with Section 28(2) of the Ombudsman Act, No 7 of 1994, which states: - “The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.” Respectfully, _______________ Paul Rodriguez (Ombudsman of Belize) 6 ACKNOWLEDGEMENTS The Ombudsman acknowledges with gratitude the encouragement and support given to his office by many public officials throughout the nation. Among these are the Chief Justice Dr. Abdulai Conteh, the Bishop of Belize and Belmopan O.P. Martin and the Chairman of the Services Commission C.B. Hyde. Chief Justice Tel No. 02-74387 Chief Justice's Chambers Fax No. 02-74375 Public Building, E-mail. chiefjust@btl P.O. Box 170, Belize City, BELIZE. CA Ref: 400/2001 (3) 8th May, 2001. Mr. Paul Rodriguez, O B E Ombudsman, Office of the Ombudsman, 56 Regent Street BELIZE CITY Dear Mr. Rodriguez, I write to acknowledge receipt of your Second Annual Report 2000/2001. May I thank you for a job well done. A perusal of the Report shows that you and your officers have been tireless in carrying out the functions entrusted to you by the Ombudsman Act - No 7 of 1994. Undoubtedly, more needs to be done in the efforts to stop and roll back mal- administration. This is vital for good governance and the welfare of the people of Belize. Your detailed Annual Report points the way forward in this regard. The necessary follow up actions and corrective measures where necessary, would complement your efforts and contribute immensely towards achieving this All the very best wishes Yours sincerely, ___________ A 0 CONTEH Chief Justice 7 Bishop Martin Bishop’s House Roman Catholic Diocese of Belize Box 616, Belize City BELIZE, CENTRAL AMERICA July 25th, 2000 Mr. Paul Rodriguez OMBUDSMAN'S OFFICE 56 Regent Street Belize City, Belize Dear Mr. Rodriguez, Greetings! My gratefulness to you is long overdue; but, I do want to express my appreciation for remembering me with a copy of your first report on "The Ombudsman of Belize". It's one way of seeking justice. May your labours bring about peace in our society. With prayerful best wishes to you and Mrs. Rodriguez, I remain Your brother in Christ, ______________________________ Most Rev. Osmond P. Martin, D.D. Bishop of Belize City & Belmopan 8 C.B. Hyde, C.B.E Mr. Paul Rodriguez The Ombudsman 56 Regent Street Belize City Belize 25 March 2002 Dear Ombudsman, I should like to congratulate you on your performance during the second year of your term which is remarkable for the wide range of activities in which you have been engaged. There can be no doubt that your appointment was well conceived as you have demonstrated your solicitousness and compassion for all those who have sought your aid in their distress and your advocacy for their just causes. You have done more by appealing to the sense of justice, as well as charity in the hearts of our Belizean Citizens. May you continue in your efforts to serve your fellow citizens. Your sincerely, C.B. Hyde, C.B.E Chairman, Services Commission 9 STAFF OMBUDSMAN Mr. Paul Rodriguez, B.A, OBE INVESTIGATOR Mr. Lionel Castillo J.P. OFFICE ADMINISTRATOR Miss Sharon Flowers ACCOUNTS (part time) Mrs. Rose Nicholas, National Assembly TRANSLATION SERVICES A special thanks to Ms. Estrellita Chan and Mr. Raul Aguilar for their Spanish translations. STAFF GOALS: - 1. To greet every visitor with a cheerful and caring smile. 2. To listen to every complainant as though his/her problem is the only one in the world. 3. Not to take sides between the complainant and the authority against whom the complaint is made. 4. To seek to uncover the facts and the truth in every case. 5. To improve the quality of life of everyone by contributing to an enhanced understanding of the culture of human rights. To be fair and transparent in all that we decide and recommend. 10 INTRODUCTION Some few weeks after being appointed Ombudsman, I was privileged to have the benefit of the services as advisor of Sir John Robertson of New Zealand. The help given by Sir John was invaluable, assisting us to set up a filing system and showing how to put in place certain procedures that have become second nature to the way we operate. However, one issue he advised about – the need to become affiliated to the worldwide body of the Ombudsman to be able to rely on its support did not really impress me at the time. Accustomed as I have been to being fairly well accepted in our country, I did not at the time realize the wisdom of his words: “It can be very lonely when you have to be independent and support only what the facts prove.” On the night of Friday, 8 February, at the debate on the Death Penalty what Sir John had mentioned about the loneliness of the Ombudsman struck with full force. I found myself speaking against the death penalty as a panacea, to an emotionally charged audience who were convinced that hanging was the answer for curing the crime epidemic. After the presentation by the four panelists, citizen after citizen spoke out forcefully in an effort to be heard by the competent authorities to restore the death penalty. I was very grateful that although the audience did not agree with me, they were respectful of the Ombudsman and of what I had to say. That statement is reproduced on page 28 of this third Annual Report. The opinions expressed in that paper, I believe, should be repeated as representing initiatives that Belize, as an integral part of Western Civilization, needs to promote. First, following the belief that restoring the death penalty will strike such fear in would be killers that they will think twice and avert their minds from the evil intended, may lead us to a place where we may separate ourselves from the support of countries who regard the death penalty as barbarous and nothing but the expression of the lust for revenge. Secondly, Belize enjoys the good opinion of people throughout the world, because it has always supported causes and issues that are morally sound. Thirdly, fixation on the death penalty as the solution will distract the nation of Belize from undertaking social initiatives to alleviate poverty and ignorance which are fertile ground for the cultivation of criminal attitudes. Fourthly, much energy needs to be focused by our leaders on the creation of an environment of self- discipline, especially in the public behaviour of those who hold offices of high public profile. 11 Fifth, the culture of crime will be weakened most of all by intelligent use of our human and material resources to develop a culture of respect and love for all human beings. Sixth, the reform of the Police Force will require much dedicated energy by Government and the Minister of National Security to motivate those who are enlisted to embrace the highest standards of ethical and moral behaviour. Regular singling out of outstanding officers to be publicly honoured will be an encouragement to their fellow officers and may well serve as an important aspect of cultural enrichment by providing heroes and role models for imitation to our youth. While peace and security are desireable features to any community of civilised people living together, other values must also become ingredients of the environment of that society.