Case Studies

Referendums in the Caribbean


Belize Referendum Process

Belize Referendum Act
Belize’s government in 1999 passed the Referendum Act which is set up to have the public vote on these issues:
·         Concerns of "sufficient" national importance
·         Change to Chapter II of the Belize Constitution which affects the guaranteed fundamental rights and freedom
·         Any proposed settlement with Guatemala for resolving the Belize/Guatemala Dispute[1]
In 2008, the Referendum Act was amended, by the senate, so that a referendum may be called for “the National Assembly passing a resolution declaring  an issue to be of sufficient national importance to be submitted to a referendum, or a petition being presented to the Governor General signed by at least ten percent of the registered electors in Belize or by twenty-five percent when it is to be held in a specific district or area, or where any law provides for a referendum on a specific issue or matter and on any proposed settlement for resolving the Belize/Guatemala border dispute. Importantly also, no referendum shall now be valid unless at least sixty percent of the registered electors have cast their votes in a referendum, and any issue the subject of a referendum must receive a majority to succeed.”[2]

How Did the Current Referendum Act Come About?

Belize’s Constitution included mention of referenda under Powers and Procedures section  88 subsection 13, where the Commission is the Elections and Boundaries Commission,  “The Commission shall be responsible for the direction and supervision of the registration of voters and the conduct of elections, referenda and all matters connected therewith.”[3] A  Bill was signed into law in 1999 by the Prime Minister which clarified the Referendum issue. Initially, only the Prime Minister and the Senate could call a referendum and then for only 3 reasons 1) Concerns of national importance 2) Changes to Chapter II of the Belize Constitution (meaning changes to the rights and responsibilities of the people) and 3) anything dealing with the resolution of the Belize/Guatemala dispute.

In 2008, the Government proposed an Amendment to the Referendum Act in which it would include an avenue available to the general public to propose their own referendums at various levels, from village to national with certain requirements for legitimacy including “a petition being presented to the Governor General signed by at least ten percent of the registered electors in Belize or by twenty-five percent when it is to be held in a specific district or area.”[4] The amendment was assented to by the Governor General in 2008.

Legitimacy of Referendum (Amendment) Act of 2008

In 2008, 4 Belizean voters took the government to court over the Belize Constitution (Sixth Amendment) Bill 2008. The citizens charged that the Government was acting illegally by not holding a referendum for the Sixth Amendment because the 6th Amendment would interfere with other fundamental rights and freedoms held in the Constitution. The Belize Supreme Court dismissed the plaintiffs’ claims about the Sixth Amendment taking away fundamental rights, BUT put the Sixth Amendment into abeyance because the amended Referendum Act was already ratified and thus for Constitutional changes, referendums must be held.[5] 

Referendum Process

The Prime Minister and the Senate can both propose referendums if necessary through simple legislation.
However, if the public wants to call a referendum, there are several steps which they must follow:
1)      Write a Petition to the Governor General with, for a national referendum, signatures of 10% of the eligible voters. To View the Offshore Drilling Referendum Petition (2012), visit http://cayobuay.wordpress.com/2011/09/27/petition-for-a-referendum/
2)      Get Approval  of Petitioners by Elections and Boundaries Commission (meaning to ensure the legitimacy of voters)
3)      Once approval is received, the Governor General is expected to then issue a writ of referendum which will announce the national referendum, in which all registered voters will be able to vote

The Offshore Drilling Referendum was not approved in Belize because the Elections and Boundaries Commission rejected 8,000 voters and thus the Petitioners represented by Oceana- Belize have decided to continue with the Referendum regardless.[6]

The Voting Process will be conducted in the following manner:

Matura-Shepherd (Vice-President of Oceana Belize) explained that registered voters only will be allowed to vote once but can vote in any polling area. Once a voter has voted in any of the 31 division that they find themselves that day, their name will be entered into the database which will strike out the name to ensure a onetime vote only. Voters will be dipping their fingers in ink as a way to show who has already vote. The process will ensure that the “integrity of the process” is withheld.
Matura-Shepherd explained that polls countrywide will be opened as early as 6AM and will remain open as late as 8PM. The time frame will allow for as much time possible for people to participate given the fact the date is not a public and bank holiday.[7]


[1] Referendum Act: http://www.belizelaw.org/lawadmin/PDF%20files/cap010.pdf
[2]Courtenay & Coye: Attorneys-at-Law http://www.courtenaycoye.com/downloads/140120091054.pdf
[3] Belize Constitution of 1981: http://pdba.georgetown.edu/constitutions/Belize/belize81.html
[4] Courtenay & Coye: Attorneys-at-Law http://www.courtenaycoye.com/downloads/140120091054.pdf
[5] Ibid. 
[6] Legal Action a possibility without offshore referendum http://edition.channel5belize.com/archives/67147
[7] Electorates to vote in People’s Referendum on offshore oil drilling in Belize http://www.sanpedrodaily.com/ accessed: 27/02/2012



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British Overseas Territories & Self-Government


Bermuda’s Self-Governance & Its Constitution

Bermuda was given self-governance by the British in 1620 when it was still held by the Somers Isles Company (under Admiral George Somers). At that time, it enacted a Parliament, “Originally, there was only one, the House of Assembly, which held its first session in 1620, making Bermuda's Parliament amongst the World's oldest legislatures. An appointed Privy Council originally performed roles similar to that of an upper house, and of a cabinet. This was replaced with an appointed upper house, the Senate, in 1968, and a Cabinet composed from Members of Parliament from the party with the most seats in the lower house (party politics, and universal adult suffrage having been introduced at the same time-forty years after its introduction in Britain).”[i]

Bermuda has more power over its own laws and country than other British Overseas Territories as the British Governor has reserved powers in three areas which are External Affairs, Internal Security and the Police.[ii] The Governor also maintains the rights veto changes to the Bermudian Constitution but overall Bermuda makes its own laws that benefit Bermuda at the expense of Foreigners, this includes the British. Though Bermudans can access the full rights and privileges of UK citizenship, non Bermudans (no matter how long they have lived and worked in Bermuda) cannot access the rights & privileges of Bermudan citizenship.

Though, the British Governor does have the right to veto any and all laws that may be held “repugnant” to the British government, it very rarely does so and in fact, Bermuda has many laws on its books that run contrary to the current British system of laws and rights. And in fact Bermuda in relation to the EU, “Bermuda has chosen not to be treated as one of the Overseas Countries and Territories of the European Union (EU). According to Steven Hillebrink, The Netherlands, formerly of Leiden University there, Bermuda is an OCT because it is placed on Annex II of the EC Treaty (and will be on a similar annex to the EU Constitution), but does not fall under the scope of the OCT Decisions that the Council takes every 10 years, at its own request. It is believed Bermuda made this request principally because it does not wish to comply with EU Human Rights legislation, and for other reasons. The UK had no objection to this request.”

In regards to the potential future between UK and Bermuda, “In January 2012 British MP Andrew Rosindell called for Bermuda and other overseas territories to be given representation in the UK House of Commons. In a submission to the UK Parliament’s Backbench Business Committee, Mr. Rosindell said that since the UK makes decisions that can directly effect territories such as Bermuda, the territories should be able to have their own voices heard. Mr Rosindell, the chairman of the British Overseas Territories All Party Parliamentary Group, said: “We give our 21 territories nothing. All they have is an informal all-party group, of which I am proud to be chairman. We have a democratic hole, with hundreds of thousands of people for whom we make laws, whom we ultimately govern and on whose behalf we can declare war, make foreign policy and sign international treaties. We have substantial control over their domestic affairs. Those territories that have sterling are bound by much of our own economic policy. In a range of areas, although the Crown dependencies and Overseas Territories are not part of the UK they are substantially influenced and ultimately governed by this Parliament, so it is wrong for them to have no voice at all.” The Conservative Party MP said other nations, including Australia, Denmark, France and the Netherlands all have external territories, but those territories have representatives elected to external territory committees. He said he hoped issues related to the overseas territories would be debated this year, noting that this year marks the 30th anniversary of the liberation of the Falkland Islands. “Perhaps it is an appropriate time to establish the principle that at the very least the UK Parliament gives recognition to our Territories and Dependencies, and that we actually want to debate subjects that affect them, so that is why I have put in for this debate,” he said. “I have been an MP for 11 years and I do not think there has been an actual debate on territories and dependencies, except when the British Overseas Territories Bill was introduced by the previous Government in 2001-02. There needs to be a similar kind of annual debate such as we have on Scotland and Wales. Our 21 territories deserve to be given that kind of recognition, and I hope the Committee will give that due consideration.” In a recent Government submission to the Foreign and Commonwealth Office for a new White Paper on the Overseas Territories, the Bermuda Government called for a greater voice in the UK Parliament on issues affecting the Island. A section of the submissions read: “This could be done by serving on Parliamentary Committees, for example, where matters affecting Bermuda’s national interest are discussed.” Mr Rosindell visited the Island last year as part of a three-day fact finding mission, during which he met with Premier Paula Cox. He later told The Royal Gazette they had a frank exchange of views about the relationship between the UK and Bermuda. He also described Premier Cox as being “cynical” about the British Government’s desire for closer links, comments that National Security Minister David Burch said were disrespectful.”[iii]

The U.B.P. Government on pages nine (9) and ten (10) of it’s Discussion Paper entitled “Independence For Bermuda” presented by the then Premier the Hon. Sir John H. Sharpe, KT, C.B.E., J.P., M.P. to Parliament on the 15th day of July, 1977; had the following to say on the justification for Independence:
“It is often argued that Bermuda is effectively as independent now as it would be if it were nominally and constitutionally independent, and that it is in effect better off.” Also the question is often asked – Independence from what or from whom? The answer is that with independence Bermuda would be free of the limited constraints which can now be imposed upon it by the United Kingdom.[iv]

The above can be understood to mean that for Bermudans due to their unique circumstances of having self-governance longer than any other British colony that the transition to self-governance is negligible and main item on the agenda would in fact be independence.


[i] http://en.wikipedia.org/wiki/Parliament_of_Bermuda
[ii] http://en.wikipedia.org/wiki/Politics_of_Bermuda
[iii] http://www.bermuda-online.org/colonial.htm
[iv] http://www.gov.bm/portal/server.pt/gateway/PTARGS_0_2_3504_476_1959_43/http%3B/ptpublisher.gov.bm%3B7087/publishedcontent/publish/bic/dept___bic___papers/articles/the_theory_and_mechanics_of_transitioning_to_independence_4.pdf

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