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THE OFFICE OF THE OMBUDSMAN’S EIGHTEENTH ANNUAL REPORT

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Table of Contents

List of Acronyms ............................................................................................................... 2

Letter to the Speaker, the House of Representatives ................................................... 3

Letter to the President, the Senate .................................................................................. 4

Ombudsman’s Message ................................................................................................... 5

Executive Summary .......................................................................................................... 8

Complaints Investigation .............................................................................................. 11

Subject Matter .......................................................................................................................11

Authorities ............................................................................................................................18

Complainants .......................................................................................................................20

Investigation Status .............................................................................................................22

Collaboration, Meetings and Trainings ............................................................................23

Achievement of Other Key Programme Strategies and Objectives .............................29

General Recommendations ................................................................................................31

Administrative Matters .................................................................................................. 32

Photo Album 2018 .......................................................................................................... 33

Annexes ............................................................................................................................ 35

Police Complaints compared to Total Complaints .........................................................36

The Complaints Investigation Process .............................................................................37

Important Sections of the Ombudsman Act ....................................................................38

How to Make a Complaint .................................................................................................40

Belize Central Prison Statistics .........................................................................................41


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LIST OF ACRONYMS AGM Attorney General’s Ministry

BBA Belize Bar Association

BCP Belize Central Prison

BDF Belize Defense Force

BMC Belize Medical Council

CC Criminal Code

CITO Central Information Technology Office

CRF Consolidated Revenue Fund

DHS Department of Human Services

EIDHR European Instrument for Democracy and Human Rights

EU European Union

FOIA Freedom of Information Act

GOB Government of Belize

IBC International Business Companies

IFSC International Financial Services Commission

JP Justice of the Peace

LSD Lands and Surveys Department

NFIS National Financial Literacy and Inclusion Project

NGBVC National Gender Based Violence Committee

NHRI National Human Rights Institution

NWC National Women’s Commission

OA Ombudsman Act

ORC Ombudsman Reports Committee

PD Police Department

SSB Social Security Board

UNFPA United Nations Fund for Population Activities

UNHCR United Nations High Commission for Refugees


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Ref: 001/HROMB/2019

The Office of the Ombudsman 91 Freetown Road, Second Floor

P.O. Box 1376 Belize City, Belize

Central America Tel: (501)223-3594 Fax: (501)223-3198

Email: [email protected] 8th March 2019 Hon. Laura Longsworth Speaker of the House of Representatives The National Assembly Belmopan Dear Madam Speaker,

I have the honour to present the Ombudsman’s Eighteenth Annual Report which covers the period January 1 to December 31, 2018.

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 submitted,

_____________________

Lionel Arzu, MSc. Ombudsman of Belize

LA/rp Encl.


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Ref: 002/SOMB/2019

The Office of the Ombudsman 91 Freetown Road, Second Floor

P.O. Box 1376 Belize City, Belize

Central America Tel: (501) 223-3594 Fax: (501) 223-3198

Email: [email protected] 8th March 2019 Hon. Lee Mark Chang President of the Senate National Assembly Belmopan Dear Mr. President,

I have the honour to present the Ombudsman’s Eighteenth Annual Report which covers the period January 1 to December 31, 2018.

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 submitted,

___________________ Lionel Arzu, MSc. Ombudsman of Belize

LA/rp Encl.


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Once again, it is my honor and duty to present to members of the National Assembly of Belize

and the general public the Eighteenth Annual Report of the Ombudsman. This is my sixth report. My

staff and I have worked diligently and tirelessly to carry out our mandate and responsibilities. As with previous reports, this Eighteenth Annual Report summarizes the work of the Office in

2018 within the framework of the Ombudsman’s Act, as well as the Freedom of Information Act (FOIA).

Under the FOIA, the Ombudsman has the jurisdiction to review decisions made by ministries,

department and prescribed authorities refusing or deferring access to documents upon requests made

by members of the public. In 2018, two (2) applications for review was made to the office pursuant to

the FOIA. Perhaps this is an indication that our authorities delayed response, or in other instances the

non‐ responsiveness to complainants’ request to make the public documents readily accessible. Also a

total of one hundred and six (106) new complaints were received at the Office of the Ombudsman

during the current reporting year.

The Eighteenth Annual Report is presented not only as a report pertaining to the execution of

the functions of the Office of the Ombudsman, but also as a summary of the public’s opinion on current

administrative practices. The mechanism by which the Office of the Ombudsman achieves this objective

when it comes to complaints of maladministration as it relates to accountability is two pronged: a)

prevent mal‐administration through monitoring and public advocacy, b) protect citizens from mal‐

administration through advocacy for the expansion of the freedom of the press. On numerous

occasions, the Ombudsman through his office becomes the conscience of the society in demanding good

governance through accountability from public officers. Moreover, it is important to have check and

balance through vertical and horizontal accountability in order to avoid trampling on the fundamental

human rights of the masses

The onus is on public officers to answer to the general public. This process determines the

sustainability of their stewardships and their careers going forward. This is what is referred to as

Vertical Accountability. On the other side of the spectrum is Horizontal Accountability in which state

institutions have the capacity to check abuses by other public agencies and branches of government.

OMBUDSMAN’S

MESSAGE


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The Ombudsman’s Office and organizations such as the human rights and anti‐corruption commissions

are institutions of Horizontal Accountability.

Good governance is an essential component of democracy. Democracy is said to be ‘the

government of the people by the people and for the people’. For this reason alone, the government put

in place by the people, and should be able to protect the human rights and dignity of the people whom

the government professes to serve. Respect for human rights requires the nurturing of good

governance. In order to have good governance, there must be the rule of law through an independent

judiciary, the executive branch of the government, the legislative and other apparatus of modern society

that serve to check and balance one another; so that the fundamental human rights can be protected. A

country guided by the constitution ensures that no branch of government usurps the power of the other

through unnecessary overreach.

The Ombudsman’s Office has as a part of its duties the promotion of citizen‐centric governance.

There are many definitions of good governance, however, B.C Smith of the United Nations provides a

noble definition of good governance as, “policies for sustainable human development (including

enabling private sector to create employment), and government that is democratic, decentralized,

empowering and accountable (with properly functioning legislatures, legal and judicial to protect the

rule of law, human rights and electoral processes).”

During 2018, the Ombudsman and his staff played a vital role in advancing the Central American

Council of Human Rights Defenders/Ombudsmen mandate, which was to generate a more empowered

and active citizenry and foster social justice in the region. The Ombudsman attended extra‐ordinary and

regular meetings in the region, as well as participated in the members new initiative, which was to visit

the Northern Migratory Route (Belize, Guatemala and Mexico) and Southern Migratory Route (Costa

Rica & Panama) with the objectives a) to document the migrants’ experience as they traveled through

these countries on their journey northbound. b) the Council and National Human Rights Commission of

Mexico will publish a report of recommendations to the states on improving the protection of persons in

situations of forced displacement. The visit to both migratory routes and the publishing of the report

were made possible through collaboration and funding from United Nation High Commission for

Refugees (UNHCR).

The Universal Declaration of Human Rights (UDHR) was a milestone document in the history of

human rights. The declaration was proclaimed by the United Nations General Assembly in Paris on

December 10, 1948 (General Assembly resolution (217 A) as a common standard of achievement for all

people and nations. It sets out, for the first time, fundamental human rights to be universally protected

and it is the basis of all modern human rights law. In the Constitution of Belize, some of the human

rights stated in accordance with UDHR are protection from inhumane treatment, discrimination and

deprivation of property just to mention a few.

I take this opportunity to extend my heartfelt gratitude to the Honorable Members of the

National Assembly of Belize, the Government of Belize, Members of the Ombudsman Report Committee

and Staff members of the National Assembly for the invaluable support afforded to the Office of the

Ombudsman during the year 2018. I also want to thank our local, regional and international partners for

their continued support in advocating for the human rights of our citizens. I would like to give special

thanks to my fellow colleagues: Ms. Rubiceli Perera, Legal Officer; Ms. Keila Teck, Investigator;


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Ms. Winnie Parchue, Research and Records Officer; Mr. Lindon Mai, Security/Office Assistant; Ms.

Kimberlyn Marin, Office Cleaner and Ms. Trina Lizama, Secretary who resigned from her position at the

end of 2018. We thank her for the years of service rendered to the Office of the Ombudsman and wish

her all the best in her future endeavors. Without the staff’s support, hard work and dedication in 2018,

we would not have been able to provide the level` of service to those who visited or called the office to

lodge their complaints or sent them via email.

In conclusion, it is worth noting that there is a lot more that the Ombudsman’s Office could do

in terms of promoting good governance and protecting human rights, however, budgetary constraint

continues to limit the circumference of its operation. Governments all over the world are expected to

do much more to ensure good governance and protect human rights. This will require a collaborative

effort among parliamentarians, the judiciary, the executive agencies, Non‐Governmental Organizations

(NGOs) and of course the media.

Promoting good governance and protecting human rights is beneficial to citizens of all nations. I

end with the words of Wangari Maathari who said and I quote “the way in which we can promote

peace, is by promoting sustainable management of our resources, as well as the equitable distribution

of these resources, and that the only way you can actually do that, is that you have to have a political,

economic system that facilitates that.”

Your Humble Servant,

____________________ Lionel Arzu, MSc Ombudsman of Belize


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EXECUTIVE SUMMARY 1. The Office of the Ombudsman is pleased to present the Eighteenth Annual Report pertaining generally to the execution of the office’s functions for the period January 1 to December 31, 2018 (“the reporting period”). This Report is prepared and presented pursuant to the Ombudsman Act, Chapter 5 of the Substantive Laws of Belize Revised Edition 2011 (the “OA”). 2. As a Parliamentary Commissioner, the Ombudsman’s primary function is to investigate complaints of corruption, wrongdoing, injustice, injury or abuse by an authority, officer or member thereof. Abuse includes discourtesy, refusal to act or discriminatory acts. As stated in the Government of Belize’s (the “GOB”) Fiscal Budget for 2018/2019, the Ombudsman’s Programme Objective is to record and investigate complaints from the general public and report findings to the National Assembly with recommendations of possible solutions, if any. Although the Office of the Ombudsman operates autonomously, the Office is funded completely from the GOB’s Consolidated Revenue Fund (“CRF”). The Office of the Ombudsman humbly considers that the statutory function was exercised, and the Programme Objective was achieved during the reporting period. 3. During the reporting period, the Office received and recorded for investigation one hundred and six (106) complaints of corruption, wrongdoing, injustice, injury or abuse. The allegations of corruption, wrongdoing, injustice, injury or abuse varied and included unlawful harm and unlawful detention, among others. Most complaints originated from the Belize District and were made by Belizean males between the ages of 18 and 64 years. Although the majority of complaints recorded were against the Police Department (PD), this number has decreased from 2012 to a new low of 45 complaints against the PD in 2018. 4. The Office also received two (2) Applications for Review made pursuant to the Freedom of Information Act, Chapter 13 Substantive Laws of Belize Revised Edition 2011 (the “FOIA”).


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5. The complaints and Applications for Review were investigated or handled as shown in Table 1 below. Table 1.

Status No. of

Complaints Total No. of Complaints received:

Complaints investigated or resolved

106

14

Complaints under investigation

27

Complaints withdrawn or made for reference only 2

Complaints not investigated because there was no reasonable cause or complainant took too long to

make complaint

14

Complaints excluded from or not within the Ombudsman’s jurisdiction

22

Complaints requiring additional information or supporting documentation

27

Total No. of FOIA Applications for Review received:

2

Applications under review

2

6. Further particulars on the complaints and Applications for Review, such as subject matter, authorities, and geographical origin of complaints as well as the nationality, sex and gender of complainants are provided in the section headed “Complaints Investigation”. This Report also includes a list of meetings, trainings and workshops the Ombudsman, Legal Officer, Investigator and the Research & Records Officer attended.


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7. Also, some general recommendations have been made in this Report that may help authorities to improve administrative practices, reduce the number of future complaints and promote human rights. These are based on the frequency of certain types of complaints recorded during the reporting period as well as in previous years. 8. During the reporting period, the Office of the Ombudsman hired a new secretary. The total number of staff inclusive of the Ombudsman is seven (7) - one managerial/executive, one technical, four administrative support, and one non-established. The Office of the Ombudsman operated with a budget of approximately $313,238.00 Belize dollars, paid completely from the GOB’s CRF. The Office continues to operate out of one central office rental in Belize City with one assigned, government-owned vehicle. The Office neared finalization of the database “Ombudsman Complaints System”, with the invaluable collaboration and able assistance of the GOB’s Central Information Technology Office (CITO). Also, members of staff have been trained by CITO employees on how to use the database. The cost of $10,000 has been paid for this design. 9. Although it is considered that the Office of the Ombudsman’s primary programme objectives were achieved, the Office of the Ombudsman intends to shorten the time for investigating and resolving complaints as well as to improve follow up on recommendations made. Furthermore, the Office of the Ombudsman will endeavor to achieve all other key programmes and strategies or activities articulated in the GOB’s Fiscal Budget 2018/2019. These include the lobbying for the enactment of more equitable legislation; the acquisition of economic and innovative equipment to carry out investigations efficiently and lobbying with other donors to facilitate this; assigning a Justice of the Peace (JP) Representative in each district to receive and record complaints; lobbying with the JP Association in relation to a stipend required to carry out the assignment; and securing grants and aid for a self-sustainable office. The Office of the Ombudsman will strengthen existing and establish new linkages or partnerships with civil societies and international organizations and identify mutually beneficial projects.


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COMPLAINTS INVESTIGATION 10. As a Parliamentary Commissioner, the Ombudsman’s primary function is to investigate complaints of corruption, wrongdoing, injustice, injury or abuse by a [governmental] authority, officer or member thereof. Abuse includes discourtesy, refusal to act or discriminatory acts. Section 12 (1) and (2) of the OA states: 11. As stated in the GOB’s Fiscal Budget 2018/2019, the Ombudsman’s Programme Objective is to record and investigate complaints from the general public and report findings to the National Assembly with recommendations of possible solutions, if any. The Office of the Ombudsman humbly considers that the statutory function was exercised, and this Programme Objective was achieved for the reporting period. 12. During the reporting period, the Office of the Ombudsman received and recorded one hundred and six (106) complaints for investigation under the OA. Also, the Office received two (2) Applications for Review made pursuant to the FOIA.

Subject Matter of Complaints 13. The allegations of corruption, wrongdoing, injustice, injury or abuse varied and are listed below in alphabetical order, to the extent possible. Please note that the number of complaints under this heading exceeds the total number of complaints -

“12. -(1) Subject to the provisions of this Act, where the Ombudsman has reasonable cause to believe that,

(a) an authority or an officer or member of an authority has been guilty of corruption or other wrongdoing; or

(b) any person or body of persons has or may have sustained injustice, injury or abuse as a result of any action taken by an authority or an officer or a member of such authority,

arising out of or connected with the exercise of the administrative functions of that authority (whether before or after the commencement of this Act), the Ombudsman may investigate the action so taken, Provided that the Ombudsman shall not investigate any matter or action which arose or was taken more than 10 years before the commencement of this Act. (2) The expression “abuse” as used in subsection (1) above shall include any act of discourtesy or refusal to act and any act motivated by discrimination based on religion, language, race, sex, color or creed.”


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which represents the actual number of files opened, i.e., 106 complaints under the OA and 2 applications under the FOIA. This is so because in some instances a complainant made several different allegations against an authority. Arbitrary Search and Entry, Deprivation of Property and other Police Department

related allegations

14. The Office of the Ombudsman recorded one (1) complaint of arbitrary search and entry, which involved a search by officers of the Police Department (the “PD”) for drugs or illegal firearms or ammunitions. The complainant states he was a visitor at the premises at the time; this matter is before a court. The Office recorded three (3) complaints of deprivation of personal property. The first involved the seizure of a licensed firearm purportedly without lawful justification or probable cause; the Office was recently informed that this firearm has been returned to the Complainant. The other two involved the seizure of a motorcycle pending the completion of a criminal investigation of murder and of a private motorcar upon reports of suspicious, possibly criminal, activity. In the latter case, the complainant could not satisfactorily establish ownership of the motor car. 15. The Office of the Ombudsman recorded nine (9) complaints that officers or employees of the PD were neglectful in carrying out a duty, enquiry or investigation or failing to act when a crime has been committed. Alleged “neglected” duties include recording statements and investigating reports of crimes such as road traffic accident, wounding and stolen vehicle. In many instances, the PD carried out their duties and took appropriate action when necessary, such as the laying of criminal charges. One of the more serious complaints involved reports of domestic violence by the spouse of a Police Officer, which ended tragically. The PD has denied any responsibility. 16. There was one (1) complaint of unreasonable delay and errors with a police criminal record. When the complainant received his police criminal record, it was not the mirror image of his Defendant History issued by the Court. Child Custody and Adoption

17. The Office recorded four (4) complaints regarding child custody and adoption. Two were made by a mother and paternal grandmother concerning the same children. Allegedly, the children were repeatedly taken from the mother and grandmother by employees of the Department of Human Services (the “DHS”), sometimes without a


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court order, and placed in a children’s home or with foster parents where they were ill-treated; this complaint is under investigation. Another was made by a daughter, whose mother was charged for causing grievous harm to a sibling; this person was encouraged to contact an attorney-at-law for her mother. Also, the Office of the Ombudsman recorded a request for advice regarding the need for parental consent for child adoption; the Office provided legal orientation to the complainants. Court Proceedings

18. The Office of the Ombudsman recorded eight (8) complaints concerning the commencement or conduct of criminal or civil court proceedings, both at the Magistrate and Supreme Court levels. These include the following allegations:

prosecutor not informing victim’s family of the management of a criminal case (road traffic accident)

delays with enforcement of child maintenance order delays with processing court payment (damages awarded for a defective

product) delays with dissolution of marriage proceedings unreasonable delays with murder trial, resulting in lengthy remand time unfairness and delays in domestic violence proceedings omission of the judge to offer bail to the accused, bail generally being a

constitutional right request for assistance with obtaining copies of lost court documents.

19. Because the OA prohibits the Office of the Ombudsman from investigating complaints concerning the commencement or conduct of court proceedings, these complainants were given the names and contact information of private attorneys-at-law or referred to the Legal Advice and Services Center for legal advice and representation. Financial Impropriety

20. The Office of the Ombudsman recorded four (4) complaints against financial institutions. These included complaints of impropriety against a pawn shop involving collateral and against a local financial institution. The Office also recorded two complaints of fraudulent or negligent trading in foreign exchange in foreign jurisdictions by international business companies incorporated in Belize. The Office of the Ombudsman does not have jurisdiction to investigate these complaints, which were made against private companies and not [governmental] authorities. Consequently, these two complaints were referred to the International Financial Services Commission


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(the “IFSC”), the International Business Companies (the “IBC”) Registry or an attorney-at-law for assistance. Impropriety with Fishing License Applications

21. The Office of the Ombudsman recorded two (2) complaints alleging impropriety with commercial fishing license renewal applications. The complainants alleged that they had met all the application requirements but were still denied. It was found that the men received their renewals but not for all the fishing areas they had anticipated. In allocating licenses, the Fisheries Department took into consideration environmental and policy factors. Complaints against Local Governments

22. The Office of the Ombudsman recorded two (2) complaints against the Belize City Council and Belmopan City Councils, respectively. The first alleged that the Belize City Council continuously breached their statutory duties in resolving a longstanding dispute whereby one person was “squatting” on an area reserved for a public road, which blocked the neighboring property from street access without reasonable right of way. This complaint is under investigation. The second involved an allegation that the complainants, squatters, were unlawfully evicted from a nature reserve by the Belmopan City Council. This complaint has been resolved and the squatters have relocated elsewhere in Belmopan City.

Impropriety with Lands Applications

23. The Office of the Ombudsman recorded five (5) complaints of impropriety with applications involving national lands. Three complaints were made by persons who stated that they had acquired rights to parcels of national lands which were then leased or sold to third parties. These complaints have yet to be substantiated. The other two involved unreasonable delays with applications to purchase parcels of national lands; in one complaint, the complainant alleged that he had paid the respective purchase prices in full but, after years, had not received titles for most of the parcels. The Office of the Ombudsman is pleased to report that a similar complaint of unreasonable delay, made in 2017, was resolved; the Complainant informed the Office that she and her daughter received their land titles.

24. There was one (1) complaint of trespass on leased lands in Southern Toledo, possibly forming part of customary Mayan lands. The Complainant was asked to provide additional details. Also, the complaint was brought to the attention of the


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Attorney General’s Ministry (AGM), the Lands and Surveys Department (LSD) and the Toledo Maya Land Rights Commission for reference purposes. Interference with Trade or Business and Nuisance

25. The Office of the Ombudsman recorded two (2) complaints that officers of the PD were interfering adversely with the Complainants’ businesses. One involved a convenience grocery and liquor store that was being closed by the PD at nine p.m. The Office of the Ombudsman found in favor of the PD. The other was a business man alleged to be operating his bar with sound levels louder than those allowed by law. The PD is aware of this situation. 26. The Office of the Ombudsman recorded four (4) complaints of nuisance. One complainant from San Pedro A.C. alleged public nuisance and public health hazard against Police Department, Ministry of Health and others. Medical officers were conducting autopsies in open air at a local cemetery, which is surrounded by residences and businesses; vermin, foul odor and unsightly parts were preventing the neighbors from the peaceful use and enjoyment of their properties. This complaint is under investigation. The other complaints involved loud noise/music from establishments and dust from boat building, respectively. These complaints were made against private persons or organizations and could not be investigated by the Office of the Ombudsman. Pensions, Gratuity, Retirement and Social Security Benefits 27. The Office of the Ombudsman recorded nine (9) complaints regarding pensions and gratuity, retirement and social security benefits. One involved an “appeal” to the Teaching Services Commission and the Governor General regarding the discretionary payment of a gratuity to a teacher upon retirement due to age. Another complainant wanted to be retired on medical grounds from the teaching profession and collect her gratuity/pension but was denied by the School’s Managing Authority and Teaching Service Commission; additional information has been requested regarding this complaint. The other complaints involved a request for “amalgamation” of service to meet the required pensionable period of service; a request for additional pension after the law was passed which allowed government (open vote) workers with previous years of service, to qualify as pensionable employment; a complaint that pension was paid to the wrong person/recipient; and a complaint regarding the Social Security Board’s (the “SSB”) requirement of periodic Life Declarations from the pensioner. Many of these complaints were found to be without merit; other complaints require supporting information to determine whether there is reasonable cause to investigate.


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28. Two complaints concerned the desire for more time to appeal the determination of claim and the collections of invalidity benefits, respectively. In the former, the statutory limitation period for appeal had long expired and nothing else could be done. In the latter, the SSB had determined that the complainant could not collect her invalidity benefit because she was evaluated as not “invalid”; additional information has been requested from the complainant. Lastly, a complainant wanted to collect her survivor’s pension but could not obtain a copy of the deceased spouse’s death certificate from the Western Regional Hospital; this complaint was eventually resolved. Unlawful Detention, Restriction on Freedom of Movement

29. The Office of the Ombudsman recorded sixteen (16) cases of unlawful detention, and, in some instances, malicious prosecution. Of these, eight (8) were made by Guatemalan nationals, who made other complaints regarding their treatment by officers of the Belize Defense Force (BDF), the PD and at the Belize Central Prison (BCP). Many of these Guatemalan nationals were apprehended in Belize’s national parks, especially the Chiquibul National Park near the Belize/Guatemala border. Twelve (12) of the complainants alleging unlawful detention were criminally charged and the cases were/are before the court. The Ombudsman cannot investigate cases that are tried by a court of law. 30. Additionally, the Office of the Ombudsman recorded one (1) complaint of restriction on freedom of movement; the complainant was allegedly “banned” by the PD from residing on an island. This complaint is under investigation.

Unlawful harm, Aggravated Assault, Abuse and Inhumane treatment

31. The Office of the Ombudsman recorded for investigation twenty-seven (27) new complaints alleging unlawful harm caused by unjustifiable or excessive force. Harm is defined as “any bodily hurt, disease or disorder, whether permanent or temporary, without any of the justifications allowed by Title VI”: Criminal Code, Chapter 101 of the Substantive Laws of Belize Revised Edition 2011 (the “CC”). Unjustifiable or excessive force is force without any of the justifications or in excess of the limits prescribed by Title VI of the CC. Most of these complaints were made against officers of the PD and to a lesser extent the BDF. They include three (3) complaints of aggravated assault; two (2) complaints of abetment to aggravated assault and assault and battery; one (1) complaint of assault and battery; two (2) complaints of abuse or discourtesy, one by a traffic warden and the other by a customs and excise official; two (2) complaints of


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wounding; sixteen (16) complaints of harm; and one (1) of grievous harm. Eleven (11) of the sixteen complaints of harm were made by the Guatemalan Embassy on behalf of their nationals, who were apprehended by Security Forces and others. Additionally, the Office of the Ombudsman recorded four (4) complaints of threatening words or behavior by officers of the PD and a BDF soldier. 32. The Office of the Ombudsman recorded one (1) complaint of inhumane treatment of a prisoner, Guatemalan national, at the BCP; he was involved in a prison incident, a violation of the Prison Rules, for which he was punished. As stated in Paragraph 29, persons also complained about the conditions at the BCP, i.e., diet, drinking and bathing water, and medical treatment and medication. The Office spoke with the Prison Medical Officer and others who stated that the BCP is improving conditions of detention.

33. The Office of the Ombudsman also received one (1) complaint of possible human trafficking involving two female Guatemalan nationals, which complaint was made primarily for reference purposes. Wrongful Termination or Unfair Dismissal

34. There were three (3) complaints of wrongful termination. One complaint was made by a public officer who had been hired temporarily but later summarily dismissed based on alleged poor performance. The second involved a police officer who was dismissed for having committed an act to the prejudice of good order and discipline. The third complaint of wrongful termination in 2006 was not investigated because too much time had lapsed before the complaint was made to the Office of the Ombudsman. Wrongdoings (Miscellaneous)

35. The Office of the Ombudsman recorded four (4) other complaints alleging other types of wrongdoings. One complaint alleged a breach of contract. This was a private dispute that could not be investigated by the Office of the Ombudsman. Another complainant, a Honduran National, sought the Office’s assistance with obtaining a Temporary Employment Permit. Also, the Office recorded two separate complaints alleging professional misconduct by a private attorney-at-law and a private medical doctor. These complainants were referred to the Belize Bar Association of Belize (BBA) and the Belize Medical Council (BMC), respectively.


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Applications for Review of Decision Refusing or Deferring Access to Documents pursuant to a Request Made

36. The Office of the Ombudsman received two (2) Applications for Review of decisions refusing to give access to documents, pursuant to Section 35 of the Freedom of Information Act Chapter 13 of the Laws of Belize (the “FOIA”). Section 35 (1) to (3) states:

37. These Applications for Review concerned decisions refusing access to all documents on registered gillnet users and shark fishers, in the first instance, and the license and corresponding fee structure for a telecommunications band, in the second instance. Both Applications were under review by the Office of the Ombudsman during the reporting period.

Authorities 38. The Ombudsman has jurisdiction to investigate governmental authorities only. According to Section 2 (1) to (2) of the OA, “authority” means:

“35. – (1) Application may be made to the Ombudsman for review of a decision refusing to grant access to a document in accordance with a request or deferring the provision of access to a document.

(2) Subject to subsection (3) of this section, in proceedings under this Part, the Ombudsman has power, in addition to any other power, to review any decision that has been made by a Ministry or prescribed authority in respect of the request and to decide any matter in relation to the request that, under this Act, could have been or could be decided by a Ministry or prescribed authority, and any decision of the Ombudsman under this section has the same effect as a decision of the Ministry or prescribed authority.

(3) Where, in proceedings under this section, it is established that a document is an exempt document, the Ombudsman does not have power to decide that access to the document, so far as it contains exempt matter, is to be granted.”

“…(a) a Ministry, department or agency of Government; (b) the Belize Police Department; (c) a City Council or a Town Council; or (d) other statutory body or authority,

and includes any company registered under the Companies Act, Cap. 250 being a company in which the Government or an agency of Government holds not less than fifty-one per centum of the ordinary shares, which is declared by resolution of each House of the National Assembly to be an authority for the purposes of this Act; … (2) The references in this Act to a Ministry, department or agency of Government include references to the Minister, Minister of State, members or officers of that Ministry, department or agency.”


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39. Nonetheless, during the reporting period, complaints were made against a variety of governmental authorities as well as private authorities, businesses and individuals. These are listed in Table 2, below.

Table 2.

Authorities and Persons No. of

Complaints Belize Defense Force (and others including, in some instances, Friends for Conservation Development 9 Border Management and Immigration 4 Church 1 City Councils 2 Courts (Supreme, Magistrate, Family) 8 Department of Human Services 4 Department of Transport 2 *Fisheries Department 3 International Business Companies 2 Kolbe Foundation (Belize Central Prison) 1 Lands and Surveys Department 5 Ministry of Works 1 Police Department 45 Domestic Financial Institutions 2 Private Businesses or Individuals doing business 4 Private Professionals 2 *Public Utilities Commission 1 Security Services Commission 1 Social Security Board 3 Teaching Service Commission 3 Traffic Department 3 Treasury Department 1 Western Regional Hospital 1

*Note: The complaints against the Fisheries Department and the Public Utilities Commission include or consist solely of Applications for Review of Decisions refusing access to documents, made pursuant to the FOIA; they are not necessarily complaints made pursuant to the OA. 40. Most of the complaints against the authorities listed above originated from the Belize District, specifically, Belize City. The least number of complaints originated from the Orange Walk District. Table 3, below, gives a summary of the complaints by geographical origin.


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Table 3.

District No. of Complaints Corozal 6

Orange Walk 2

Belize 64

Cayo 22

Stann Creek 10

Toledo 4

Complainants

41. A Complainant is “any person who makes a complaint to the Ombudsman under the provisions of the OA”. During the reporting period, the Office of the Ombudsman received complainants representing different walks of life. Most of the complainants were Belizean males between the ages of 18 and 64 years of age.

42. Tables 4, 5 and 6 below give a summary description of the year’s complainants according to “Sex”, Age” and “Nationality”. Please note that two of the complainants/applicants were corporations, that is, legal not natural persons; they were not included in Tables 4 and 5.

Table 4.

Sex No. of Complainants

Males 36

Females

Other

70 0

Table 5.

Age No. of Complainants

Under 18 years old 1

18 to 64 yrs. old

65 yrs. or older

98 7


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Table 6.

Nationality No. of Complainants Belizean

Guatemalan South African

Canadian Cyprus

Honduran Colombian

88 15 1 1 1 1 1


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Investigation Status 43. The complaints and applications for review were investigated or handled as shown in Table 1, below. Table 1.

Status No. of

Complaints Total No. of Complaints received:

106

Complaints investigated or resolved 14

Complaints under investigation

27

Complaints withdrawn or made for reference only 2

Complaints not investigated because there was no reasonable cause or complainant took too long to

make complaint

14

Complaints exclude from or not within the Ombudsman’s jurisdiction

22

Complaints requiring additional information or supporting documentation

27

Total No. of FOIA Applications for Review received:

2

Applications under review

2


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Collaboration, Meetings and Trainings 44. In 2018, the Office of the Ombudsman the Central American Network of People with HIV – REDCA+ signed a Framework Agreement for Inter-Institutional Cooperation. This historic achievement has added to the Office’s collection of framework agreements with local, regional and international institutions, which are summarized in Table 7, below. Formal Collaboration Agreements Table 7.

Agreement Purpose

Memorandum of Understanding (MOU) between the Ombudsman and Police Department, January 26, 2016.

The purpose of this MOU is to strengthen cooperation between the parties for the protection and promotion of human rights and on the principles of rule of law, mutual equality and reciprocity. Areas of cooperation are the investigation of complaints, training, public education and awareness, joint field operations, development and implementation of standard operating procedures.

Agreement on Cooperation between the Ombudsman of Belize and the Control Yuan of the Republic of China (Taiwan), November 12, 2015.

The purpose of this Agreement is to strengthen cooperation between the parties for the promotion and protection of human rights based on the principle of reciprocity and mutual benefits. Areas of cooperation include sharing of information and experiences and exchange of visits and experts.

Collaboration Agreement between the Ombudsman and Mexico’s National Human Rights Commission (NHRC), January 14, 2016.

The objective of this Agreement is to provide a general framework of cooperation for the development and implementation of each parties’ respective activities, programs and plans through joint projects, conferences, workshops, seminars, and exchange of information.

Cooperation Agreement between the Ombudsman of Belize and the Ombudsman of Panama, December 1, 2016.

The purpose of this Agreement is the promotion of respect for and protection of fundamental human rights and freedoms through the coordinated action, education and training, and exchange of information and best practices.


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Growth and Sustainable Development Strategy (GSDS), Technical Committee and Working Table on Critical Success Factor 5 Good Governance, Member since May 2017.

The functions of the Technical Committees are to coordinate related strategies and plans; identify and resolve issues; provide oversight to monitoring and evaluation (M & E) activities; report on progress and make recommendations; and facilitate working relationships. The functions of the working tables are: development of indicator set for GSDS and Horizon 2030; analysis & dissemination of performance information; and development of M & E systems.

Central American Council of Human Rights Defenders and Ombudsmen, February 23, 2015.

The primary purpose of the Council is to strengthen cooperation and coordination for the promotion, protection and defense of human rights in the face of regional challenges.

Framework Agreement for Inter-Institutional Cooperation between the Office of the Ombudsman of Belize and the Central American Network of People with HIV – REDCA+, June 29, 2018.

The general objective of this Framework Agreement is to contribute, in a non-exclusive way, to the Parties’ areas of mutual interest including the eradication of stigma and discrimination and the promotion, protection, respect and guarantee of the human rights of people with HIV in Belize.

45. The Council and the Office of the Ombudsman, with the support of the United Nations Commission for Human Rights (UNHCR), participated in and helped to execute a regional project for the verification of the Mesoamerican migration reality. This reality consists of the routes travelled and the circumstances and hardships experienced by migrants fleeing gang violence, poverty and other circumstances in their countries of origin, as they travel northward or southward respectively. The project participants met with organizations and individuals who aid migrants with things such as food, shelter, legal assistance and consular protection in the region. The Report of the project has been drafted and circulated to the participants and UNHCR by the Project Consultant, Ms. Elizabeth Cubias. Other Committees

46. In addition to the formal collaboration agreements, the Office of the Ombudsman also sits on the National Gender Based Violence Committee (NGBVC), which is coordinated by the National Women’s Commission (NWC). In December 2018, the United Nation Fund for Population Activities (UNFPA), members of the NGBVC and


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others began a review of the Protocols of Multi-Sectoral Response to Sexual Violence which were signed in December 2011 by the Principal Officers of the Women’s Department, Police Department, Department of Health Services, Department of Human Services, and the Office of the Ombudsman. In November 2018, the NWC and other stakeholders also began consultations to review the existing GOB’s Gender Policy Priorities and Commitments. 47. The Office of the Ombudsman is also represented on the National Mediation Rules Committee, which is coordinated by the Mediation Coordinator of the Supreme Court of Belize and chaired by the Chief Justice Kenneth Benjamin and Supreme Court Justice Courtney Abel. The Committee has drafted the Family (Magistrate) Court Mediation Rules, Magistrate Court Mediation Rules and the Supreme Court Arbitration Rules. 48. The Office of the Ombudsman also collaborated with the Central Bank of Belize (CBB) as they formulate their National Financial Literacy and Inclusion Strategy (NFIS). The Office of the Ombudsman made presentation on complaints received against financial institutions and how they were handled. The Office also provided their input on the draft NFIS. Meetings and Trainings

49. Pursuant to the above-mentioned collaborative framework agreements, committees’ membership and other initiatives, the Ombudsman and the Legal Officer attended the meetings, trainings and workshops listed below. January 2018 to March 2018

The Ombudsman was out of office during those months. April 2018

o Met with Mr. Jose Samaniego- Regional Rep. UNCHR, Mr. Andreas Wissner and Ms. Kelleen Corrigan- UNHCR, Belize Office to discuss refugees in Belize, Radisson Fort George Hotel & Marina

o Attended the launch of the Information hub and the migrant app, Child Development Foundation Office, Belmopan City

o Met with Professor Dame Carolyn Hamilton, Ms. Ahwaz Raoof and Mr. Elvis Requeña to discuss current issues with Legal Aid Office and ways to improve services, Belize City

o Met with members of the Subcommittee on the Prevention of Torture to discuss the state of Detention Facilities in Belize, Belize City


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o Attended a meeting regarding the Growth and Sustainable Development Strategy (GSDS), Belmopan City

o Attended a Training Session on Migration Management Best Practices, Galen University, Cayo

o Attended Belize Chamber of Commerce and Industry (BCCI) 98th Annual General Meeting, McField Conference Room Center, Belize City

May 2018

o Met with Ms. Linda Erika Suero Feliz and Mr. Otoniel Ramirez, Central American Network of People with HIV (REDCA +) to work on a Cooperation Agreement, Belize City

o Attended the launch of the Strengthening the Capacity of the GOB to design a Comprehensive Migration & Development Policy for Belize, Cahal Pech Room, Radisson Fort George Hotel & Marina

o Met with Mr. Arturo Cantun, US Embassy Assistant Political Officer to discuss information for the State Department Human Rights report, as well as issues of mutual concern and benefit, Belize City

o Attended a meeting of the GSDS Working Table, Belmopan City o Participated in a Webinar, Migration Management Best Practices o Attended a technical meeting on Refugees for the Central American Council for Human

Rights Defenders/Ombudsmen, San Salvador, El Salvador o Met with Ms. Margaret Nicholas, Ms. Pearl Stuart, NCFC and Mr. Michel Guinand,

UNICEF to discuss issues related to families & children, as well as possible collaboration with the Office of the Ombudsman.

o Attended US Embassy Round Table Discussion reference the State Department Human Rights Report about the country of Belize, Multipurpose room, Belmopan City

o Delivered the Guest speaker’s address at the National Garifuna Council 34th Annual Convention Opening Ceremony at Giulisi Primary School ground, Dangriga Town

June 2018

o Participated in a meeting between the Office of the Ombudsman staff and CITO staff for an update on the complaints system

o Attended UNHCR World Refugee Day exhibition and reception at the Mexican Cultural Institute, Belize City

o Participated in a Training on Managing Technical Capacity, Public Policy Analysis and Project Cycle Management, Caribbean Development Bank, Belmopan City

o Met with Ministry of National Security CEO Felix Enriquez and Senior Military Liaison Officer Lt. Col. Anthony Velasquez reference an ex- BDF soldier dilemma and issues current soldiers can experience under the current terms of employment

o Participated in a Webinar, Migration Management Best Practices o Attended a Training Session on Migration Management Best Practices, Galen University,

Cayo District


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o Signed a Framework Agreement for Inter-Institutional Cooperation between the Ombudsman of Belize and Lic. Otoniel Ramirez, Regional Secretary, Central American Network of People with HIV- REDCA

July 2018

o Participated in a meeting with Ms. Margaret Nicholas, Ms. Pearl Stuart, NCFC and Mr. Michel Guin and, UNICEF to plan field to Youth Hostel and Wagner’s Facility, Belize City

o Met with Ms. Karolina Guay, Charge de Affaires, Canadian Embassy, Guatemala, Belize City

o Met with Ms. Karina Baba, et al, World Bank Group about the National Financial Literacy and Inclusion (NFIS) Project, Central Bank Conference room, Belize City

o Participated in a Webinar, Migration Management Best Practices o Attended a Training Session on Migration Management Best Practices, Galen University,

Cayo District o Attended a meeting of the National Gender Based Violence Committee, National

Women’s Commission, Belize City o Met with Ms. Beverly Wade, Fisheries Administrator and Mr. Rigoberto Quintana,

Senior Fisheries Officer reference fisheries related complaints, Fisheries Office, Belize City

o Met with Mayor Khalid Belisle, reference complaints against the Belmopan City Council o Attended a meeting of the National Mediation Rules Committee, Belize City

August 2018

o Met with Mr. Andreas Wissner, Head of UNHCR Office and other stakeholders who worked with migrants/Refugees in preparation for the visit of the Central American Council of Human Rights Defenders/Ombudsmen to Northern Migratory Route (Belize, Guatemala and Mexico) UNHCR Conference Room, Belmopan City

o Participated in Work Plan Development Work Shop, GSDS- 5 Governance, George Price Center, Belmopan City

September 2018

o Delivered a presentation on the role of the Ombudsman, 4th Form students, Sadie Vernon High School, Belize City

o Participated in a CITO technical staff demonstrating the use of the complaints database, Office of the Ombudsman, Belize City

o Attended Official St. George’s Caye Day Ceremony, Central Park, Punta Gorda Town o Met with Head of the UNHCR Office to review the final plans for the visit to Belize of

the delegation of the Central American Council of Human Rights Defenders/Ombudsmen, Belmopan City

o Attended the Independence Day Celebration for Costa Rica, El Salvador, Honduras and Guatemala, Best Western Plus, Belize Biltmore Plaza


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o Attended Governor General, Sir Colville Young State Reception, Best Western Plus, Belize Biltmore Plaza, Belize City

o Attended 37th Anniversary of Belize’s Independence Official Ceremony, Independence Plaza, Belmopan City

o Attended Official Opening Ceremony for Expo Belize Market Place, BCCI, ITVET compound, Belize City

o Participated in the Central American Council of Human Rights Defenders/Ombudsmen delegation visit to Belize Central Prison, Belmopan and Valley of Peace

o Participated in the delegation that visited Arenal Village, Immigration office, Western Border and OAS Office, Cayo; Melchor de Mencos and Flores, Guatemala; and Southern Mexico. Representatives of the UNHCR and the National Human Rights Commission of Mexico also accompanied the delegation for all or part of the route.

October 2018

o Attended presentation on the proposed Amendments to the Public Financial Management Regulations and Laws, Kiki Witz Conference room, Belmopan City

o Attended Taiwanese National Day Anniversary Celebration, Princess Ramada, Belize City

o Met with Commissioner of Lands, Mr. Wilbur Vallejos reference lands complaints, Belmopan City

o Attended 2nd National Consultation on Refugees, Asylum Seekers and persons with international protection, Dream Valley Resort, Teakettle Village, Cayo District

o Met with NCFC Director, representative of UNICEF and other staff, and Human Services representatives at the Youth Hostel facility and Wagner’s Facility, Belize District

o Attended World Food Official Ceremony and activities, Julian Cho Technical High School, Dump Area, Toledo District

o Attended Central American Council of Human Rights Defenders/Ombudsmen extra- ordinary meeting and formulate declaration in support of REDCA+ and their scope of work, El Panama Hotel, Panama City, Republic of Panama

o Attended a regional collaborative meeting with REDCA+ and its stakeholders, El Panama Hotel, Panama City, Republic of Panama

o Made an official visit (Oct. 29 to Nov 2) to the Republic of China, Taiwan to meet with President of Control Yuan Dr. Po-ya Chang, her staff, Taiwan’s government officials/ agencies, Belize’s Ambassador to Taiwan as well as other stakeholders

November 2018

o Attended validation on the Feasibility for the provision of National Legal Aid Services, Best Western Plus, Belize Biltmore Plaza, Belize City

o Attended National Consultations Workshop on Gender Policy Priorities and Commitments, Belize City

o Participated in a Parliamentarian Sensitization Forum on Ending HIV AIDS, Ramada Hotel, Belize City


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o Attended State lead multi-sectorial consultations for a draft National Action Plan pending human rights report/treaty, George Price Center, Belmopan City

o Attended Cultural Day ceremony and activities, Julian Cho Technical High School, Dump Area, Toledo District

o Attended a meeting, National Mediation Rules, Belize City o Attended the National Garifuna Council, Punta Gorda Branch Official Garifuna

Settlement Day Ceremony, Punta Gorda Town December 2018

o Travelled to Costa Rica to participate in the Central American Council of Human Rights Defenders/ Ombudsmen Southern Migratory Route (Costa Rica & Panama)

o Participated in the delegation (CCPDH) that met with Costa Rica Government agencies and Civil Society Organizations who work with migrants and refugees

o Participated in the delegation that met with Panama’s Government Agencies and Civil Society Organizations who work with Migrants/Refugees population

o Attended an extra- ordinary meeting of the Central American Council of Human Rights Defenders/ Ombudsmen to work on a declaration reference the plight of migrants/refugees and for the presentation by consultant Ms. Elizabeth Cubias on the findings during the Northern Migratory Route consultant, Panama City, Republic of Panama

o Attended Joint Meeting, Technical Committee and Working Table, GSDS, Belmopan City

o Attended Mental Health Conference, Belmopan City o Participated in the Conference to Review the Implementation of the Protocols for the

Multi-sectoral Response to Sexual Violence, Belize City


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Achievement of Other Key Programmes and Activities by Key Performance Indicators

50. Although the Office of the Ombudsman achieved its primary programme objective of recording and investigating complaints, the Office of the Ombudsman has yet to achieve all the other key programmes, strategies or activities stated in the GOB’s Fiscal Budget 2018/2019. These programmes, strategies or activities include the lobbying for the passing of more equitable legislation; the acquisition of economic and innovative equipment to carry out investigations efficiently; assigning a Justice of the Peace (JP) Representative in each district to receive and record complaints; lobbying with the JP Association in relation to a stipend required to carry out the assignment; and securing grants and aid for a self-sustainable office.

51. The Office of the Ombudsman spoke with the EU’s representatives regarding grants and aid for a self-sustainable office. However, the EU grants funds to the GOB in specific areas for which the Office does not qualify. Also, the European Instrument for Democracy and Human Rights (EIDHR) provides support to projects in the form of grant contracts and contribution agreements to civil societies and international organization. There are no projects planned under the Office of the Ombudsman’s existing framework agreements. Therefore, this strategy will have to be revised and other donors approached.

52. Consequently, the Office of the Ombudsman will endeavor to achieve more of the primary programme objective as well as the other key programmes, strategies or activities articulated in GOB’s Fiscal Budget for 2019/2020 onward. The Office will try to shorten the time for investigating and resolving all complaints as well as improve follow up on recommendations made. Furthermore, the Office will lobby for the passage of more equitable legislation; acquire economic and innovative equipment to carry out investigations efficiently and lobby with donors to facilitate assistance with the equipment and sustainability for the office; assign a JP Representative in each district to receive and record complaints; lobby with the JP Association in relation to a stipend required to carry out the assignments; adequately train employees; and secure grants and aid for a self-sustainable office with the help of appropriate donors. The Office of the Ombudsman will strengthen existing or facilitate new linkages or partnerships with civil societies and international organizations and identify projects that qualify for financial and technical assistance.


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General Recommendations

53. Based on the complaints received during the reporting period and in previous years, the following are some general recommendations for authorities that may help to improve administrative practices, reduce the number of future complaints and promote human rights:

Conduct Feasibility Study on a National Human Rights Institution (NHRI) in

Belize, which NHRI has been a recommendation in previous Ombudsman’s reports as well as by international organizations such as the Human Rights Committee of the United Nations.

Make Professional Standards Branch (PSB) more independent from the Police Department. It is felt that private citizens make complaints to the Ombudsman more than the PSB because they mistrust the impartiality or fairness of the PSB when investigating colleagues. This is in addition to the Civilian Review Complaints Committee recently established by the Ministry of National Security whose mandate is to review security forces (Police Department, Belize Defence Force and Belize Coast Guard) complaints status.

Continuous training on the Laws, Regulations, Rules, Guidelines, Standing Orders and established Protocols for police officers.

Continue to improve the general prison conditions, particularly, water, sanitation, diet, medical treatment, bedding, lighting, and overcrowding, to better meet or exceed United Nations minimum standards.

Increased efficiency in the processing of applications and transactions filed with the Lands Registry and Land Titles Unit.

The Ministry of Natural Resources (Land Registry and Land Titles Unit) needs to practice more procedural fairness, including giving written notices, fair hearings before finalizing administrative decisions adversely affecting rights or quasi-rights, and written decisions with reasons.


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ADMINISTRATIVE MATTERS 54. During the reporting period, the Office of the Ombudsman hired Ms. Juanita Sho as Secretary III to replace Ms. Trina Lizama, who left to pursue other career goals. The total number of staff inclusive of the Ombudsman is seven (7) - one managerial/executive, one technical, four administrative support, and one non-established. The Office of the Ombudsman operated with a budget of approximately $313,238.00 Belize dollars, which is paid completely from the GOB’s CRF. The Office continues to operate out of one central office rental in Belize City and with one assigned, government-owned vehicle. 55. The Office of the Ombudsman neared finalization of the database “Ombudsman Complaints System”, with the invaluable collaboration and able assistance of employees of the GOB’s Central Information Technology Office (CITO). CITO’s employees are to be commended for their work, among them Mr. John Robateau, Mr. Gabriel Bol, Mr. Shawn Mejia, Ms. Delsie Ku, Mr. Dominique Fabro and Ms. Areli Ramnarace. Some of these CITO employees have also trained Office of the Ombudsman’s employees, on how to use the database. The cost of $10,000 has been paid for this database design.

56. In addition to improving its substantive work, the complaints investigation process, the Office of the Ombudsman will also endeavor to improve budget efficiencies and take steps toward making the Office more self-sustainable.

Office of the Ombudsman

Belize City, Belize March 2019


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PHOTO ALBUM 2018


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ANNEXES


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POLICE COMPLAINTS COMPARED TO TOTAL COMPLAINTS RECEIVED

(2012 to 2018)

0

50

100

150

200

250

2012 2013 2014 2015 2016 2017 2018

54

99116

91 86

5145

183

211220 217 207

122

106

New Police Complaints Total New Complaints Received


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THE COMPLAINTS INVESTIGATION PROCESS

Ombudsman reviews complaint, determines if there is jurisdiction and reasonable cause to investigate, and that the matter is not frivolous,

vexatious or too tardy.

Decides to Investigate Decides not to investigate

Comments and Supporting Documents, including reports, Report received from the Authority.

Information reviewed and additional information, by way of oral examinations or otherwise, obtained by the Ombudsman.

Investigation completed.

Adverse findings and recommendations against Authority, officers and members. Opportunity to be heard given.

Disciplinary and/or legal proceedings instituted. Other recommendations implemented by Authority.

Case Closed.

Written Notice of Intent to Investigate sent to Principal Officer of Authority, Officer,

Member and Minister

Decision with reasons given to the Complainant

Ombudsman’s Findings &Recommendations Final. Special Report prepared.

Finding in favor of Authority. Letter written to Complainant,

and case closed.


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IMPORTANT SECTIONS OF THE OMBUDSMAN ACT The Ombudsman’s authority to investigate complaints is detailed in the Ombudsman Act. The legislation allows the Ombudsman to produce annual reports and special reports available to the public. The full text of the Act can be found at:

http://www.belizelaw.org/lawadmin/PDF%20files/cap005.pdf

It states the following regarding the powers of the Ombudsman:

Section 2

o Shall regard “authority” as meaning a Ministry, department or agency of Government, the Belize Police Department, a City or Town Council, a statutory body or a corporation with majority Government ownership and declared to be a public corporation.

Section 4

o Will serve terms lasting three years.

Section 12

o May investigate where he has reasonable cause to believe that an authority has been guilty of corruption or wrongdoing or any person may have sustained injustice, injury or abuse as a result of any action taken by an authority. Shall not be precluded from investigating any matter where it is open to the complainant to apply to the Supreme Court for redress for contravention of provisions for the protection of fundamental rights and freedoms.

Section 13

o May investigate on his own initiative or on a complaint made to him.

Section 14

May hear complaints made by any person or body of persons but complaints made by an authority.

Section 15

o may refuse to undertake an investigation if he believes

the complaint is trivial

the complaint is frivolous

the complainant has been deferred for too long

the complainant lacks sufficient interest


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no investigation is necessary

Section 17

o May adopt whatever procedure he considers appropriate and may obtain information from such persons and in such manner, and may make such enquiries as he thinks fit. The Ombudsman shall afford the principal officer and any other officer or member an opportunity to comment in writing before commencing investigation.

Section 18

o May require any officer or member of a public authority to furnish information and produce any document or thing in relation to the investigation of any matter.

Section 20

o May enter any premises occupied by any authority in order to inspect any document or record therein in respect of any matter under investigation, notice having been served.

Section 21

o Shall inform the principal officer of the authority concerned of the result of his investigation and, if necessary, his recommendations for action to be taken by that authority. The Ombudsman shall lay a Special Report if no adequate action has been taken after giving the authority an opportunity to be heard.

Section 22

o Shall lay a Special Report if there is evidence of breach of duty, misconduct and criminal offence and matter has been referred for disciplinary or other proceedings.

Section 25

o Shall regard as secret and confidential all documents, information and things disclosed to them in execution of any of the provisions of this Act.

Section 29

o Shall, when investigating a complaint, record in a register:

the name of the complainant

the subject matter and date of the complaint

the Ombudsman’s decision respecting the complaint

Section 30

o Every person who willfully contravenes section 14(4), makes any false statement to the Ombudsman or who unlawfully obstructs, hinders or resists the Ombudsman shall be guilty of an offence and liable on summary conviction to a fine or imprisonment.


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HOW TO MAKE A COMPLAINT Before making a complaint to us, have you already contacted the government department or authority to complain? Please note that we do not usually investigate complaints if you have not raised the complaint with the department or authority first. However, if you feel you have a good reason not to contact the authority first then please call or visit us.

To help expedite the investigative process, please try to write down all relevant information

pertaining to the department or authority, such as letters, telephone conversations, meetings, dates, names and contact details, before you contact us. Also please bring in as much supporting documents and information pertaining to your complaint. Here are several ways to make a

complaint:

Written complaints – download our written complaint form from our website, and e-mail,

fax, mail or hand deliver it to our office.

Appointments or Walk-ins

Ombudsman Contact Details:

Office/Mailing Address: 91 Freetown Road, Second Floor P.O. Box # 1376 Belize City, Belize Tel: 223-3594 or 223-3198 Fax: 223-3198

Email: [email protected] Website: http://www.ombudsman.gov.bz/ Facebook: http://www.facebook.com/ombudsman.belize Opening Hours: Monday to Friday,

8:00 a.m. – 12:00 p.m. 1:00 p.m. – 5:00 p.m. (Fri 4:30 p.m.)


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BELIZE CENTRAL PRISON STATISTICS


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Source: Prison Statistics (January – December 2018), Kolbe Foundation, Belize Central Prison