CONSTITUTIONAL AMENDMENTS FACE TOUGH OPPOSITION

He is a businessman involved in brewing, soft drinks, water, aquaculture, tourism and other industries, who does not often appear on camera. But today Barry Bowen took time to address the proposed constitutional amendments. As we reported in our newscast on Tuesday, Bowen is taking the Government to court over what he believes will deny him his basic constitutional rights. His claim against the government refers to Section seventeen of the Constitution which, as it stands right now, provides protection from deprivation of property or acquisition rights and rights to access the courts. Government is hoping to use its solid majority in the House of Representatives to change Section seventeen and remove these guarantees and protection. The crux of the matter has to do with petroleum and minerals and accompanying substances which may be located anywhere in Belize and which, if government has it way, can be removed from private landowners without compensation or the right to a fair hearing in the courts.

This morning News Five Intern Oneyda Flores sat down with Bowen to find out why he felt compelled to act.

Barry Bowen, Managing Director, Bowen & Bowen, “I’m filing a challenge to the proposed amendments to section seventeen because the amendments seek to take away the rights of Belizeans to have access to the courts. I do not believe that the rights of access given to all of us, all Belizeans by the constitution should ever be denied. I believe that such denial of access for whatever reason is unconstitutional and therefore my action is to seek from the Supreme Court, their decision on this issue which I think is of really great importance to the public. It’s strictly a matter of deprivation of rights given to us by the constitution. My point is strictly the access to the courts. I’m not asking for compensation from petroleum or anything like that. I have no idea whether there’s petroleum on my land or not. The land I own in south Stann creek is in my name personally. There are other lands owned by companies that I own in other parts of the country but the one in Stann creek is specifically in my name and I’m using that for simple reason that, it has nothing to do with petroleum or gas it has nothing to do with minerals, it’s strictly a case of the unconstitutional way of taking away the rights of people to property and rights to access to courts for the courts to determine whether it is unconstitutional or not...”

Oneyda Flores, “So in essence you’re speaking on behalf of the public...”

Barry Bowen, “Everybody, the whole country, any landowner in the country. In my opinion I think the government do have rights to all the petroleum and I think the government do have rights to all the gas and minerals; there are laws to say this. I’m saying that if the constitution is to be upheld, the constitution is the ultimate, ultimate protection of ones freedom in a democracy then if the government is now saying that they have all these rights to property, there should be compensation, there should be, but that’s not the issue my issue is strictly a point of protecting the constitution.”

Bowen is not the only party challenging the proposals. In late May, the Bar Association made known its concerns regarding sections of the amendments, particularly the denial of access to the courts. The Belize Chamber of Commerce will join in the discussion over this sensitive issue early next week when it convenes a panel of interested parties. At news time public consultations on all the amendment are taking place at the Holy Redeemer Parish Hall in Belize City.