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
[7] Electorates to vote in People’s Referendum on offshore oil drilling in
Belize http://www.sanpedrodaily.com/ accessed:
27/02/2012
________________________________________________________________________
British Overseas Territories & Self-Government
________________________________________________________________________
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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