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2014 ANNUAL REPORT
2014
The Ombudsman of Belize
THE FOURTEENTH
ANNUAL REPORT
OF
THE OMBUDSMAN
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“Truly a Haven of Democracy”
2014 ANNUAL REPORT
The Ombudsman of Belize
Prepared for laying before the House of Representatives and the
Senate of Belize pursuant to Section 28(2) and (3) of the
Ombudsman Act, Chapter 5 of the Substantive Laws of Belize
(Rev. Ed. 2000)
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2014 ANNUAL REPORT
The Ombudsman of Belize
TABLE OF CONTENTS
PAGE NO.
Presentation to the National Assembly .......................................................... 3
Ombudsman’s Message ..................................................................................... 5
Summary of 2014 Complaints ......................................................................... 7
Special Report ................................................................................................... 16
Resolution of Complaints ................................................................................ 19
Freedom of Information Applications........................................................... 21
Institutional Collaboration............................................................................... 23
Trainings and Conferences .............................................................................. 26
Administrative Matters..................................................................................... 31
Conclusion ......................................................................................................... 34
Appendices ........................................................................................................ 37
1. Statistics......................................................................................... 39
2. How to Make a Complaint.............................................................. 46
3: The Investigative Process................................................................... 47
4: The Ombudsman Act, Key Provisions ............................................. 48
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2014 ANNUAL REPORT
The Ombudsman of Belize
Ref: 001/AROMB/2014
The Office of the Ombudsman
91 Freetown Road, Second Floor
P.O. Box 1376
Belize City, Belize
Central America
Tel: 501-223-3594 / 501-223-3198
Fax: 501-223-33198
Email: [email protected]
th
18 February, 2015
Hon. Marco Pech
President of the Senate
National Assembly
Belmopan
Dear Mr. President,
I have the honour to present the Ombudsman’s Fourteenth Annual Report which
covers the period of January 1, 2014 to December 31, 2014.
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,
___________________
Lionel Arzu, MSc.
Ombudsman of Belize
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2014 ANNUAL REPORT
The Ombudsman of Belize
Ref: 001/AROMB/2014
The Office of the Ombudsman
91 Freetown Road, Second Floor
P.O. Box 1376
Belize City, Belize
Central America
Tel: 501-223-3594 / 501-223-3198
Fax: 501-223-33198
Email: [email protected]
th
18 February, 2015
Hon. Mike Peyreffite
Speaker of the House of Representatives
The National Assembly
Belmopan
Dear Mr. Speaker,
I have the honour to present the Ombudsman’s Fourteenth Annual Report which
covers the period of January 1, 2014 to December 31, 2014.
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,
_____________________
Lionel Arzu, MSc.
Ombudsman of Belize
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2014 ANNUAL REPORT
The Ombudsman of Belize
OMBUDSMAN’S MESSAGE
Once again, it is my pleasure to present to the
National Assembly the Fourteenth Annual Report on
the execution of my functions for the past year. My
functions are essentially two-fold. My primary function
is to investigate complaints of alleged wrongdoings by
public authorities pursuant to the Ombudsman Act,
Chapter 5, Substantive Laws of Belize (Rev. Ed. 2000).
My secondary function is to review decisions of public
authorities denying access to information requested
pursuant to the Freedom of Information Act, Chapter 13, Substantive Laws of
Belize (Rev. Ed. 2000). This report provides a concise summary of the events that
unfolded in 2014 in the exercise of these two functions.
The Fourteenth Annual Report contains a statistical summary of the two
hundred and twenty (220) new complaints received during the course of the year.
This summary is grouped according to: authorities complained against;
geographical origins of complaints; subject matter of complaints; and, the status of
these complaints. Although it is my second year in Office, it is quite clear that the
trend is consistent with previous years, in terms of both the number and nature of
the complaints. This report also summarizes applications under the Freedom of
Information Act. For the first time in the recorded history of our office, three
applications for review were made under this Act. Although the applications were
either denied or did not progress far, the fact of the applications being made quite
possible signals a movement towards making public authorities more accountable,
transparent and fair to all citizens when carrying out their administrative functions.
The year 2014 was one of increased collaboration among our colleagues and
even with the very authorities complained against. Collaboration was in the area of
complaints resolution; prison reform; criminal justice reform; and, strengthening
Government’s accountability in combating gender based violence. It was also a
year in which I seized the opportunities to promote to foreign and local dignitaries
the agenda for my term in office. I believe that the fulfilment of this agenda will
enable my office to better carry out its mandate.
In 2014, my staff and I participated in training events, either as facilitators or
as participants. Topics were very important and current, and included subjects such
as the law and health care; case management and negotiation; mediation; and antitrafficking in persons. This report provides a summary of these training events and
conferences.
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2014 ANNUAL REPORT
The Ombudsman of Belize
The year 2014 also saw some changes to our office. We welcomed a new
Legal Officer, as the outgoing one preferred to pursue a career in private practice. I
take this opportunity to thank Attorney-at-law Oscar Selgado for his service to the
Office of the Ombudsman and wish him well in his new endeavour. The Ministry
of Finance approved the employment of a Security Officer to provide personal
protection to my staff and me. My Office welcomed Miss Kimberlyn Marin to the
team as our new Office Cleaner. She replaced Miss Gilda Leslie, who retired after
twelve years of service to the Office of the Ombudsman. I want to take this
opportunity to thank Miss Leslie for her service and wish her all the best in her
retirement. Despite these welcomed changes, fundamentally, my office continues
to operate within the parameters of limited human and financial resources. Even
so, the Office made significant accomplishments during the past year.
Finally, I wish to thank the National Assembly, the Government of Belize
and the Judiciary for this honour and responsibility of being the Ombudsman, a
partner in ensuring the protection of fundamental human rights and freedoms. I
also wish to thank my own staff for their hard work and dedication.
This Fourteenth Annual Report is presented not only as a report pertaining
to the execution of my functions but also as a summary of the public opinion on
current administrative practices. Furthermore, it is hoped that this report will help
to promote (additional) reforms in public administration.
I hope you enjoy reading this report and look forward to your continued
support for the work of the Office of the Ombudsman and a productive and
brighter 2015.
Your Humble Servant I Remain,
______________________
Lionel Arzu, MSc.
Ombudsman of Belize
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2014 ANNUAL REPORT
I. SUMMARY OF 2014
COMPLAINTS
1.0 The
Ombudsman’s
primary
function is to investigate complaints
from private citizens regarding
wrongdoing, abuse, injustice or injury
they have suffered at the hands of
public authorities. The Ombudsman
Act states:
Subject to the provisions of this Act,
where the Ombudsman has reasonable
cause to believe that: (a) An authority or an officer of 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.1
1.1 In 2014, private citizens made a
total of two hundred and twenty
(220) new complaints against the
public authorities. This number is
comparable to previous years, both in
terms of the number and nature of
the complaints made
1SectiSSection
12 (1), Ombudsman Act
The Ombudsman of Belize
The following is a breakdown of the
complaints
by
Authorities;
Geographical Origin; Subject-Matter;
and Status.
AUTHORITIES
1.2 The Ombudsman is allowed to
investigate
authorities.
The
Ombudsman Act defines authorities
as follows: (i)
A Ministry, Department, or
Agency of Government;
(ii)
The Belize Police Department;
(iii) Other statutory
authority; or
body
or
(iv) A company registered under
the Companies Act being a
company in which the
Government holds not less
than fifty-one per centum of the
ordinary shares and so declared
by the National Assembly.2
Although the word “public” is not
expressed in the Act, it is reasonably
implied from the provisions and
purpose of the Act.
1.3 Please note that the total
number of authorities complained
against will not necessarily be equal to
the number of complaints made since
one complaint may be made against
more than one authority.
2Section
2(1) (a) – (d), Ombudsman Act
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2014 ANNUAL REPORT
In 2014, the Ombudsman received
complaints against the following
authorities:
(i)
City, Town and Village
Councils throughout Belize;
(ii)
Public Hospitals and Clinics
The Ombudsman of Belize
Figure 1. Complaints, by Ministry or
Branch of Government
(iii) Human Services Department
(iv) Immigration and Nationality
Department
(v)
Lands and Survey
Department
(vi) Police Department
(vii) Prisons Department
(viii) Public and Teaching Services
Commission
(ix) Family and Magistrates Court
(x) Supreme and Appeals Court
1.4 The largest number was against
the Ministry of National Security
As shown in Figure 1 below, fiftyeight per centum (58%), more than
half of all complaints were made
against this Ministry. Furthermore,
Figure 2 shows that the majority of
complaints against the Ministry of
National Security, eight-nine per
centum (89%) or 116 complaints,
were against the Police Department.
Figure 2. Complaints, Ministry of
National Security
Police Department
Defense Force
Coast Guard
Prisons Department
2%
1%
8%
89%
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2014 ANNUAL REPORT
The Ombudsman of Belize
1.5 The second and third largest
numbers of complaints were against
the Lands and Survey Department
of the Ministry of Natural Resources
and Agriculture and the Judiciary,
respectively.
be equal to the total number of
complaints made (220) because some
complainants may make more than
one allegation against one authority
and others the same allegation against
more than one authority.

Please see Appendix 1 for
additional statistics.
MINISTRY
SECURITY
GEOGRAPHICAL ORIGIN
1.8 Complaints against the Belize
Police Department were the
most common. The subject
matter or allegations of these
complaints are the following:
1.6 Complaints originated from all
six of Belize’s political and
administrative districts. However, one
hundred and sixteen (116) in all, more
than half, originated from the Belize
District. The other districts accounted
for relatively small percentages of
complaints. Cayo District came in a
distant second with thirty-one (31)
complaints. The least number of
complaints originated from the
Corozal District.

Please see Appendix 1 for
additional statistics.
SUBJECT MATTER
1.7 Complainants made a number
of allegations of wrongdoing, injustice
or injury against the authorities
above-mentioned. 3 The subject
matters of these complaints vary
widely.
The
more
frequently
mentioned ones are summarized
below. Please note that the number of
allegations made will not necessarily
3Section
(i)
OF
NATIONAL
Unwarrantable violence,
ranging from aggravated
assault to murder
(ii) Misconduct, from
corruption to falsifying
police statements to
disciplinary offences such
as drunken and disorderly
behaviour in public
(iii) Non-investigation of
reports of crimes, whether
intentional or negligent
(iv) Unlawful search and
seizure
(v) False imprisonment and
Malicious Prosecution
(vi) Identification errors,
including mistaken identity
on a police record
2(1) and 12(2), Ombudsman Act
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2014 ANNUAL REPORT
(vii)
Theft, misappropriation
and damage or destruction of
property including property held
as exhibits
Complaint 898
A mother from Belmopan complained that
police officers and villagers conspired to
murder her son, a known mentally ill man
living in Big Falls, Toledo. Policemen
showed up in a vehicle at the victim’s house
and fatally shot him, purportedly in selfdefence. The victim died shortly after being
transported to the Punta Gorda Public
Hospital. Police investigation is ongoing.
Complaint 1030
A young, Belize City man applied to the
Police Department for a copy of his police
record, for employment purposes. His record
showed
drug-related
charges.
The
complainant insisted it was not him but
someone else with the same name and similar
attributes. After finger-printing analysis, the
complainant was exonerated and his record
cleared.
Complaint 890
A young mother living in Belize City
complained that members of the Police
Department refused to enforce a Protection
Order in her favour. Her husband was
remanded pending trial for the attempted
murder of a minor. At the time of the
attempted murder, the husband was in
breach of a protection order. The
complainant feared for her safety when she
found out that the accused was applying for
bail. The police arrested and imprisoned the
accused when he received bail, but was later
released in disregard of the Domestic
Violence Act of Belize, Act No. 19 of
2007, Laws of Belize.
The Ombudsman of Belize
PRISONS DEPARTMENT
1.9 The inmates at the Belize
Central Prison - under the
management of the Kolbe
Foundation - complained to the
Ombudsman about the following:
1. Trial and Sentencing Errors
2. Appeals and Delays
3. Non-existent, incompetent or
neglectful Legal Representation
4. Need for Medical and Surgical
treatment
Complaint
A Central American immigrant was
convicted in the 1990’s and sentenced to
death for a murder he says he did not
commit. He alleges he was not assigned
Legal Representation and does not speak or
understand English. The interpreter assigned
to his trial allegedly did not do a good or
reliable job. Although his death sentence was
later commuted to life imprisonment, he
believes he has suffered grave injustice.
1.10 Since most of the complaints
against Prisons Department pertains
to trials, sentencing, appeals and legal
representation and fall within the
category “commencement or conduct
of criminal or civil proceedings”, the
Ombudsman’s
intervention
is
excluded
in
most
instances.
Nonetheless, the Ombudsman in the
spirit of public service sought to assist
by referring the complaints to the
appropriate or competent body – for
instance, the Honourable Kenneth
Benjamin, Chief Justice of the
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2014 ANNUAL REPORT
Supreme Court and Chairperson of
the Judicial and Legal Services
Commission, for assignment of legal
counsel in capital cases; the Legal Aid
Centre; private legal practitioners; the
Attorney General’s Ministry; and
other competent bodies.
Complaint
In 2014, two Guatemalan inmates asked
the Ombudsman for help in getting them
transferred to Guatemala to serve the
remainder of their sentences there, near
families and friends. The Ombudsman
contacted the Attorney General’s Ministry,
who undertook to facilitate their transfer
under the Inter-American Convention on
Service Criminal Sentences Abroad,
provided all the legal requirements are
satisfied.
Lands and Surveys Department
1.11 Complainants accused the
Lands & Survey Department, Ministry
of Natural Resources, of the
following wrongdoings
(i) Corruption
(ii) Unlawful compulsory
acquisition of private
lands
(iii) Unwillingness to resolve
title disputes
Complaint 985
Two complainants residing in California,
U.S.A., purchased property on San Pedro
Ambergris Caye. The Government of Belize
later declared the land a compulsory
registration area, requiring the applicants to
apply for First Registration under the
Registered Lands Act. The complainants
were not notified in time and applied at a
The Ombudsman of Belize
later date. The land was “assumed” to be
owned by the Government of Belize and was
sold by/to public officials who then sold it to
a Real Estate Agent for listing. The parcel
was the subject matter of ongoing litigation,
and the Ombudsman has been informed that
a decision was recently rendered.
1.12 Regarding the lease of national
estates, complainants alleged the
following:
(i) National estates being sold to
public servants
or
government workers for re-sale
at a profit on the open market
(ii) Inexcusable
delays
in
processing
lease
applications
(iii) Lost files
(iv) Procedural improprieties: “first
come not first served”, or
applications were granted even
though all the requirements had
not been met
(v) Resulting
economic
or
financial
loss
to
the
applicants
Judiciary
1.13 Complainants alleged various
wrongdoings by the Courts that make
up the Judiciary. These included the
administrative staff.
The subject
matters of these complaints include
the following:
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2014 ANNUAL REPORT
Family and Magistrate’s Courts
The Ombudsman of Belize
Court of Appeal
(i) Delays in filing or hearing
appeal
(i) Discourtesy or abuse
(ii) Bias
(iii)Errors in court proceedings or
sentencing
(iv)Delays in collecting
maintenance payments
(v) Delays in enforcing court
orders
(vi)Inadequate or lost case files
Complaint 900
A man from San Ignacio Town, Cayo
District, filed in the Magistrate’s Court a
civil suit involving a motor vehicle. The
Magistrate allegedly threatened him if he did
not withdraw the civil suit. She also called
him in chambers and verbally insulted him.
He later found out that the Respondent was
the Magistrate’s spouse/companion. The
Magistrate had refused to recuse herself from
the lawsuit, even though she had direct
personal and financial interest in the outcome
of the lawsuit and was biased. The complaint
was referred to the Honourable Chief Justice.
Supreme Court and Vital Statistics
Unit
(i) Errors at Trial
(ii) Delays with Appeals
(iii)Inadequate or inaccurate
Records Keeping
(ii) Delays in handing down
judgments
1.14 Most of the complaints
involving the judiciary were referred
to the Legal Aid Centre and/or
private Attorneys-at-Law for legal
advice and representation. Except for
complaints against administrative
functions, most concerned the
commencement or conduct of court
proceedings; an adjudicated remedy;
or matters within the purview of the
Judicial
and
Legal
Services
Commission.
As a result, the
Ombudsman could not intervene in
these matters.1
Human Services Department
1.15 Much of the complaints against
the Human Services Department
involved child custody issues. Parents
complained that the Department took
custody of their children without a
court order or a proper and
comprehensive
Social
Enquiry
Report. Most of the children were
victims of sexual abuse.
Complaint 882
A mother complained to the Ombudsman
that the Department of Human Services
took her teenage daughter from her custody
when authorities found out she was pregnant.
The putative father has had many run-ins
with the law. The Department put the teen
1
See Section 12(3) (a), (b); Third Schedule, Para. 1
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2014 ANNUAL REPORT
in the care of the child’s grandmother,
allegedly without conducting a proper social
enquiry report.
The Ombudsman of Belize
1.18 The remaining complaints
against other authorities involved:
(i) Impropriety in Foreclosures or
exercise of the Mortgagee’s
Powers
Other Authorities
(ii)Loss of commercial lease or
licence and resulting financial
loss
1.16 Many of the complaints against
authorities such as the Public Service
and Teaching Services Commissions
pertained to the employment
relationship. These include:
(i)
Employment Discrimination,
particularly, in promotion
decisions
(ii) Employment-related Injuries
(iii) Harassment
(iv) Wrongful or Unfair Dismissal
(v) Disciplinary Proceedings and
Reinstatement
(vi) Salaries, including unlawful
withholding or forfeiture
(vii) Pensions, including teachers
pensions and pensions for
widows and orphans.
Note: Employment-related complaints were
not limited to these two authorities
1.17 Unfortunately, the Act
precludes the Ombudsman from
investigating any decisions regarding
the employment, promotion or
termination by the Public or Teaching
Services Commission.2
2
(iii) Failure or refusal to monitor
Social Security Board
contributions by Employers
See Section 12 (4) (a); Third Schedule, Para. 4
(iv) Slander, Mobile Health Unit

Please see Appendix 1 for
additional statistics.
INFORMAL COMPLAINTS
1.19 From time to time the
Ombudsman receives complaints
against private individuals or requests
for legal assistance with a transaction
or litigation.
These have been
traditionally referred to as “Informal
Complaints”
because
the
Ombudsman is prohibited from
investigating them.3 Nonetheless, the
Ombudsman, in the spirit of public
service, tries to assist where possible
and to the extent permissible, without
exceeding his statutory jurisdiction.
3
Section 12(1) read along with Section 2 (1)
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2014 ANNUAL REPORT
The following are two instances in
which the Office assisted informal
complainants.
Complaint
A woman visited the Office, complaining
that she bought a box of cereal from a
Supermarket, which contained worms. Her
son unwittingly ate the cereal only to realize
that it was spoiled. He became ill. The
woman was encouraged to:
i.
Keep her sales receipt, the box of
cereal with bar code and spoiled
cereal, and any medical records;
ii.
Write a demand letter and notice
of
intent to sue to the
Supermarket and its owner; and,
iii.
Retain the services of an Attorneyat-Law in order to file a claim in
civil (magistrate’s court within six
months from the date of the incident.
Complaint
A widow and her adult son wanted to sell
one of the deceased husband’s real estate.
They needed title to the property, but could
not afford the services of an attorney-at-law
to facilitate this transaction. The Office of
the Ombudsman:
i.
Prepared an application for
Transmission of Title to her as
Personal Representative;
ii.
Instructed her to have the copies
properly executed before a Justice of
the Peace; and,
iii.
Told her to take the completed
application along with payment for
the appropriate fees to the Lands &
Survey Department in Belmopan.
The Ombudsman of Belize
STATUS OF COMPLAINTS
1.20 Of the 220 complaints received
in 2014, approximately two hundred
and sixteen (216) were referred,
refused or terminated or are being
investigated or considered for
investigation. The remaining
four
(4) complaints are (informal)
complaints.
1.21 Of the 216 complaints, a little
less than half, forty per centum
(40%), are the subject of preliminary
enquiries. The
purpose of
preliminary enquiries is to determine
whether or not reasonable cause
exists to believe that the authority
complained of has committed the
wrongdoing alleged. The
Ombudsman makes preliminary
enquires where necessary and without
notice to authorities to satisfy himself
that the complainants’ allegations are
more likely than not true. Although
the initial burden of proof is on the
complainant, too often complainants
do not bring any evidence to support
their allegations.
1.22 About a quarter (25%) of the
complaints were refused, terminated
or referred without investigation. If
it is apparent that no reasonable cause
exists, or that reasonable cause exists
but the Ombudsman jurisdiction to
investigate is ousted, the complaint is
refused, terminated, and/or referred
to a competent entity.
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2014 ANNUAL REPORT
1.23 Almost a quarter (24%) of
complaints resulted in Notices being
given to the authorities complained
against. Once reasonable cause has
been established, and the
Ombudsman’s jurisdiction is
not
excluded, the Ombudsman sends a
Notice to the authorities complained
against summarizing the allegations
made; indicating intent to investigate;
and, inviting comments regarding the
allegations before investigation
commences.
1.24 A little less than one-tenth
(9%) of authorities have provided
Comments in response to allegations.
Although this is a small percentage of
the total number of complaints
received, the percentage is much
higher (about 40%) when compared
to the number of complaints for
which Notices have been given. The
Police Department and the Lands &
Survey Department are to be
commended for their responsiveness
in providing comments to notices.
The Ombudsman of Belize
Figure 3.
Status of Complaints
1%
9%
Referred,
Refused
1%
Preliminary
Enquiries
24%
25%
Notice of
Investigation
Comments
Received
40%
Ongoing
Investigation
Completed
Closed
1.25 A small percentage (1%) of the
complaints with comments received is
the subject of ongoing investigations.
Likewise, about 1% of complaints
have been fully investigated, findings
and recommendations
made, and
are (to be) considered close.

Please see Figure 3 below for
a graphic depiction of the status of
complaints.
Page | 15
2014 ANNUAL REPORT
II.
SPECIAL REPORT
2.0 The Ombudsman may at any
time submit a report relating to any
particular case or cases investigated by
him which in his opinion requires the
special attention of the National
Assembly.4 The following report is
being submitted for the special
attention of the National Assembly.
2.1 The identities are concealed
because the complaints are privileged.
The personal information of the
complainants and others will be
provided upon request and as
necessary or appropriate.
Complaint No. 939/2014, “Mr. M.”
Facts
Mr. M, through various agents and himself,
applied for minutes of disciplinary
proceedings held by the Belize Teaching
Services Commission (BTSC) in 2011; the
BTSC reviewed the decision of a governmentfunded High School to terminate his teaching
employment on allegations of sexual
harassment. He did not receive a written
reply, and applied to the Minister of
Education, Youth and Sports for an
internal review. The Minister did not reply.
Mr. M. applied to the Ombudsman for a
review of the refusal to grant him access to
the minutes pursuant to the Freedom of
Information Act, Chapter 13, Laws of
Belize, (Rev. Ed. 2000) (FOIA). The
Ombudsman sent notice of Mr. M’s
application and complaint to the BTSC, the
Chief Executive Officer, and the Minister of
Education pursuant to the FOIA and the
The Ombudsman of Belize
Ombudsman Act. He then summoned the
Chairperson of the BTSC to provide evidence
and the opportunity to inspect the minutes
requested. After being granted an extension
of time to appear, the Chairperson eventually
refused to appear before the Ombudsman
based on the advice of the Solicitor General,
Attorney General’s Ministry.
Law
The Education (Amendment) Rules,
Chapter 36, Subsidiary Laws of Belize
(Rev. Ed. 2010) provides detailed rules
governing the discipline and termination of
teachers, among other things. They state that
a teacher may be terminated for a major
offence, and define a major offense as
including criminal conduct or conduct which
is physically or morally harmful to students
or other members of staff including sexual
harassment. 5 The definition of sexual
harassment is not provided in the rules but is
to be found in the Protection from Sexual
Harassment Act, Chapter 107, Laws of
Belize (Rev. Ed. 2000)(PSHA). The
PSHA states that sexual harassment must
contain two ingredients6: One, an unwelcome
sexual advance, request for sexual favours or
unwelcome sexual conduct; and, two, the
person suffers a disadvantage in connection
with his employment or the unwelcome
conduct unreasonably interferes with his
work performance or creates an intimidating,
hostile or offensive environment. There was
an unwelcome request for sexual favour. Mr.
M. admitted (albeit before the District
Education Council) that he asked a female
intern if they could be “friends with benefits”,
which is a colloquial expression used to mean
a relationship of a sexual nature. However,
Rule 92A (3)(b)(vii)
See Section 3 (4) (a) – (b), Protection from Sexual
Harassment Act
5
6
4
Section 28 (2), Ombudsman Act. See also S. 22(1)
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2014 ANNUAL REPORT
no evidence was given to establish that the
complainant suffered any disadvantage in
connection with her employment or that the
unwelcome conduct unreasonably interfered
with her work performance or created an
intimidating, hostile or offensive environment.
She completed her internship as scheduled
one month after Mr. M was dismissed.
Furthermore, a letter was written by Mr.
M’s spiritual advisor, stating that Mr. M
was repentant of his conduct.
If the misconduct did not amount to sexual
harassment, Mr. M’s conduct should have
been treated - at least on the first occasion as a minor offense. The proceedings for
minor offenses under the Education
(Amendment) Rules differ from proceedings
for major or criminal offenses. Accused of a
minor offense, Mr. M. should have been
given a caution or a (first or final) written
reprimand which should have been placed on
his record while he remained employed with a
100% of his salary being paid to him. If the
conduct was repeated then he could have been
given either a final written reprimand or
termination as appropriate in the
circumstances, as if he had committed a
major or criminal offense. 7 However, the
statutory procedure was disregarded by the
High School’s Board of Management. Mr.
M was not cautioned, given a written or a
final written reprimand. The Board
immediately terminated his employment
effective November 1, 2011.
The Education Rules have been established
to protect teachers from unfair dismissal.
There is a certain procedure to be followed
when considering the termination of a
teacher’s employment. However, Mr. M.
was deprived of this statutory procedural
The Ombudsman of Belize
safeguard. The decision to terminate Mr.
M. for sexual harassment was not justified
procedurally, or on the merits, and is
considered unlawful. Note that even under
the PSHA, where sexual harassment is
proven, the Court has power to order the
guilty party from repeating sexual
harassment conduct, to pay damages or
compensation to the victim, or to be bound to
good behaviour.8 The BTSC could have
followed the example provided to the Court
by statute.
These procedural safeguards against
“termination at will” were disregarded not
only by the School’s Board of Management
but also by the Teaching Services
Commission. Furthermore, the Commission
and the Tribunal breached some of the basic
rules of natural justice. The Commission
had a duty to give Mr. M their decision in
writing and to inform him of his right to
appeal to the Teaching Services Commission
Appeal Tribunal within thirty (30) days
and the procedure for doing so. The
Commission did not give any decision in
writing or inform him of his right to appeal.
Mr. M made his appeal to the District
Education Council, which is not responsible
for disciplinary matters but for policy and
planning. Nonetheless, the Council
investigated and upheld the Commission’s
decision. Eventually, Mr. M appealed to
the Teaching Services Commission Tribunal.
The Tribunal and the BTSC are considered
judicial bodies when conducting disciplinary
proceedings. As such, they must exercise their
powers within the legal and procedural rules
of natural justice.9 They ought not only to
8
See Section 16 (2) (a) – (h), Protection from Sexual
Harassment Act
9
7
See Rule 93 (1), Education (Amendment) Rules
See Bernice Freeman v. Attorney General of British Virgin
Island, Claim No. BVIHCV 2008/0383, Judgment
2012 at p. 27.
Page | 17
2014 ANNUAL REPORT
ensure a fair hearing within a reasonable
time but also have a duty to give decisions in
writing with reasons stated therein. This duty
to give reasons is indispensable because it
shows whether a decision is so unreasonable
as to be considered fundamentally bad,
therefore warranting the Court’s intervention
in the exercise of its inherent supervisory
jurisdiction. It is well known that the three
grounds for review of administrative action
are: illegality, procedural impropriety, and
irrationality. 10 In Mr. M’s case, the first
two “grounds of illegality and procedural
impropriety exist.
Without a written
decision, it is impossible to say if the third
ground of irrationality exists. Please note
that to date, neither the BTSC nor the
Tribunal has informed Mr. M in writing of
their decision and the reasons for it.
Consequently, although it is possible that all
three grounds for judicial review exist, Mr.
M has been unable to exercise his right to
apply to the Supreme Court for review. In
January 2014, Mr. M obtained a full
teaching license. A license is to be granted if
a Person, among other things, demonstrates
“personal and behavioural qualities to be a
positive role model to students” and...”
demonstrates a sense of right and wrong, the
practice of moral conduct, a commitment to
truth and honesty, and respect for spiritual
values”.11 These two contradictory decisions
indicate the degree of irrationality proscribed
by the rules of natural justice.
The Ombudsman of Belize
Conclusion & Recommendations
The Ombudsman concludes that the
termination of Mr. M was unlawful in that
it was not supported by the merits of the case
and the statutory procedures and rules of
natural justice were not complied with. Mr.
M did not commit a major offense and he
was deprived of his protection against unfair
dismissal and his right to apply for judicial
review. For these reasons, and the subsequent
conduct of the authorities, this complaint
warrants special attention and has been
made the subject of this report.
The Ombudsman recommends that Mr. M.
be given 100% of his salary from the time
his termination took effect, November 1,
2011, to when he first obtained alternative
employment, with all lawful and authorized
deductions to be made. Since Mr. M. is
now employed as a full time teacher in Belize
City, Belize, no reinstatement is
recommended.
Alternatively,
the
Ombudsman recommends that the Teaching
Services Appeal Tribunal writes Mr. M
within thirty (30) days from the date hereof
of their decision with reasons stated therein.
10
See Council for Civil Service Unions v. Minister for the
Civil Service, (1983) UKHL 6, at p. 16, for three
grounds of judicial review:
11
See Rules 57 and 58, Education (Amendment) Rules
Page | 18
2014 ANNUAL REPORT
III.
RESOLUTION
COMPLAINTS
The Ombudsman of Belize
OF
3.0 It is my pleasure to report that
in 2014 several complaints were
resolved in a manner mutually
satisfactory to the complainants and
the authorities.
Although the
Ombudsman does not take the lion’s
share
of
the
credit,
these
developments indicate that the
Ombudsman has been effective in
helping citizens to obtain justice, or
restitution, for injustice and injury
they have suffered at the hands of
public authorities. Given the small
staff and limited budget, in
comparison to the number of
complaints, the Office has managed
to positively impact the lives of some
and to shift the balance of power if
only a little in favour of the citizenry.
Thus, we are pleased to highlight the
following developments in 2014:
Complaint No. 973/2014
An elderly widow applied to have her
deceased husband’s Government lease
transferred to her as Personal Representative.
She obtained Grant of Letters of
Administration, completed and submitted all
the necessary paperwork, contacted the
District Lands Inspector for a Site
Inspection Report, and paid rent on time.
After three years of being turned around,
with all kinds of excuses proffered, her lease
expired. She was about to lose over
$35,000.00 invested in her home and cash
crops as a result of the Department’s
wrongdoings. The Ombudsman contacted the
Lands & Survey Department regarding her
complaint, and also encouraged the widow to
seek legal advice and representation. The
widow’s lease was renewed. She now wants to
purchase the land and avoid being in the
position she was prior to the new lease.
Complaint No. 844/2013
An elderly man complained against the
Belize Electricity Limited (BEL) for failing
to compensate him for a significant acreage of
his cultivated land BEL “used” to install
poles and transmission lines in 1998.
B.E.L. is owned (51%) by the Government
of Belize and is considered an authority
under the Ombudsman Act. The man filed
a lawsuit within the statutory limitation but
court proceedings were stayed in 2003 so the
matter could be arbitrated pursuant to
provisions of the Electricity Act.
The
matter has not yet been arbitrated. The
Ombudsman searched the Court file, and
contacted the different parties. It was revealed
that BEL had made an offer to settle the
claim in the sum of $257,785.53 but the
complainant’s Attorney never informed him.
The Ombudsman wrote the complainant
informing him of this offer and strongly
encouraging him to retain legal representative
for settlement of his claim. This complaint is
considered a more egregious example of the
violation of a citizen’s constitutional right by
a public authority, namely, the right to
protection from unlawful compulsory
acquisition of property.
Page | 19
2014 ANNUAL REPORT
Complaint No. 835/2013
An employee of the Prisons Department
dislocated his shoulder during an on-the-job
training course. He went on medical leave
for a couple of months, and returned to work
after being certified fit to work on condition
that he avoids heavy lifting and strenuous
activities. His employment was immediately
terminated without any compensation for his
injury or lost wages. He complained to the
Labour Department and the Ombudsman.
The Ombudsman contacted all parties
concerned,
including
the
Labour
Department, and also encouraged the
complainant to seek legal advice and
representation for an intended lawsuit. The
complainant was subsequently awarded an
out of court settlement in the sum of
$9,522.00 in exchange for releasing the
Prisons Department and the Kolbe
Foundation from all liabilities, claims and
actions pertaining to the incident.
Complaint No. 640/2012
A teacher was denied a teaching license,
which is mandatory for employment, because
he was found to have been convicted of a
felony indicating unsuitability for the
teaching profession. He had two convictions
for possession of controlled drugs years
earlier. It was determined that these
convictions were misdemeanours and not
felony. Consequently, the Teaching Services
Commission and the Chief Education
Officer should not have denied him his
teaching license or terminated his employment
on this basis. The Ombudsman intervened,
and in his Thirteenth Annual Report
included a Special Report to the National
Assembly requesting his reinstatement and
payment of salaries owed. As a result, the
The Ombudsman of Belize
Ministry
of
Education
earmarked
$19,264.00 to be paid to the complainant
for salary wrongfully withheld during an
eight (8) months period.
Complaint No. 547/2012
In 2003, the Ministry of Natural Resources
leased a parcel of land in the St. Martin De
Porres Area, Belize City, to the
complainant. A month later the Ministry
wrote him asking him to cease and desist
from filling the land because it belonged to
someone else. In 2005 the complainant was
given permission to purchase the same parcel.
A couple years later he was told that the
land was not his. He complained to the
Minister and other representatives from the
Lands Department who promised him
compensation for the landfill and different
parcel of land. He was given a different
parcel, but was not compensated for the
landfill. With the intervention of the
Ombudsman, the complainant received
$12,000.00 as final settlement for unjust
enrichment.
Complaint No. 137/2012
A Belize City woman received $1,090.00
from the Government of Belize as
compensation for personal property
mishandled by members of the Police
Department. The property consisted mostly
of personal jewellery that had been stolen but
recovered. The items were used as exhibits
during a criminal trial. Instead of returning
the items to the complainant at the
conclusion of the trial, as ordered by the
Magistrate, the Police Department auctioned
the items.
The complainant was
compensated for her loss occasioned by the
conversion of her property by the
Department.
Page | 20
2014 ANNUAL REPORT
IV.
FREEDOM
INFORMATION ACT
The Ombudsman of Belize
OF
4.0 The Freedom of Information
Act, Chapter 13, Substantive Laws of
Belize (Rev. Ed 2000), is intended to
improve transparency in public
administration. It requires public
bodies12 to give the public access to
documents such as manuals, rules,
procedures,
guidelines,
public
registers, documents available for
purchase, fees and charges payable
and the like. Access is limited to
documents that are not exempt. A
sufficiently detailed written request is
made13 and the authority promptly
makes a decision to grant/deny
access. If access is denied, the
authority must notify in writing the
requesting party and give reasons. If
still dissatisfied, the requesting party
can apply to the Ombudsman under
Part V of the Act for a review of the
decision.14
4.1 In April 2014, the Ombudsman
received the first application for
review of a decision pursuant to the
Freedom of Information Act. The
applicant, a non-profit organization,
applied to the Auditor General for
access to all information obtained
from an on-going investigation of the
Immigration
and
Nationality
Department. The Auditor General
denied this request for access because
the Audit Report first had to be
submitted to the Honourable Minister
of Finance, the Rt. Hon. Dean O.
Barrow, for presentation to Cabinet
and then to the National Assembly
after which it can be considered a
public document.
The applicant
applied to the Ombudsman for a
review of the Auditor General’s
decision. The Ombudsman reviewed
the evidence and upheld the Auditor
General’s decision.
4.2 In May 2014, a dissatisfied taxi
driver applied to the Honourable
Mayor of the Belmopan City Council
and the Chief Executive Officer,
Department of Transport, for the
following information pursuant to the
Freedom of Information Act15:
 An official list of all taxis or taxi
owners/operators for the years
2012 to 2014 who are approved
to operate from the Belmopan
City Market Square and the
Belmopan City Bus Terminal
 The criteria used for selecting
the approved taxis or taxi
owners/operators
 Application procedures for
selection
 Regulations and/or Minutes of
Proceedings of the Belize City
Council, Transport Advisory
Council
and/or
Transport
Department
pertaining
to
selection
No one replied. The complainant did
not apply to the (responsible)
Ministers of Government for an
internal review. Since no reply had
been received, the complainant could
12
See Section 3 (1), Freedom of Information Act
See Sections 7(1) (a)-(b), 9, and 12(1), (2)
14 Section 35 (1)
13
15
Section 9, Freedom of Information Act
Page | 21
2014 ANNUAL REPORT
The Ombudsman of Belize
not apply to the Ombudsman for a
review of the decision.
The
Ombudsman treated the matter as a
complaint and decided to investigate
pursuant to the Ombudsman Act.
After receiving notice of the
Ombudsman’s intent to investigate,
the Honourable Mayor Mr. Simeon
Lopez was kind enough to comment
and offered the complainant the
opportunity to dialogue and a new
location for operation of his taxi
services.
4.3 A third application was made
to the Ombudsman pursuant to the
Freedom of Information Act. Since
this application was also treated as a
complaint
pursuant
to
the
Ombudsman Act and has been dealt
with above as a Special Report, it has
not been included in this section.
4.4 Subsequent
to
these
Applications, the Ombudsman has
received no new applications under
the Freedom of Information Act.
Also, please note that only the first
application above-mentioned has not
been counted in the statistics relating
to complaints made pursuant to the
Ombudsman Act.
Page | 22
2014 ANNUAL REPORT
V.
INSTITUTIONAL
COLLABORATION
Police Department
5.0 In April 2014, the Ombudsman
presented the Commissioner of Police
with a list of 499 complaints made
against the Police Department during
the years 2009 to 2014, and asked for
updates. Within one month, the
Department responded and provided
this Office with updates on 42
complaints. The Department and the
Ombudsman have also been meeting
on a monthly basis to review progress
in handling of complaints for the
years 2012 to 2014 as well as new
complaints. The Ombudsman also
collaborated
with
the
Police
Department in matters of training,
mentioned below. Both parties have
indicated a willingness to formalize
this relationship, through proper
channels.
Prisons Department
5.1 The employees of the Prisons
Department and its managing agency,
the
Kolbe
foundation,
made
themselves very accessible to the
Ombudsman and his staff. In 2014,
the Ombudsman and his staff toured
the Belize Central Prison and met
with prisoners and staff of the Prisons
Department and Kolbe Foundation
on many occasions. The prisoners
made complaints, which have been
dealt with in preceding sections. The
Ombudsman and his staff also made
their own observations. These
The Ombudsman of Belize
include:
 Poor sanitation or hygiene in
prison cells
 Overcrowding of prison cells
 Medical condition of some
prisoners, especially the elderly
and females
5.2 Despite the seriousness of the
situation, observable progress had
been made in 2014 to improve the
quality of life for inmates. These
include the following:
 A full-time medical doctor
(general practitioner) is now on
site.
 Karl
Heusner
Memorial
Hospital continues to provide
necessary medical and surgical
treatment to inmates, and to
defray most of the costs
associated with such treatment.
 Consultant Joseph Middleton
prepared and published his
finding and recommendations
for improvements to the prison
system, in the report abovementioned.
Criminal Justice Reform Board
5.3 In 2014, the Ombudsman and
his staff met with Ms. Sarah Fearnley,
Criminal Justice Adviser. Ms Fearnley
works with the Criminal Justice
Reform project funded by the United
States of America Department of
Justice and the United Kingdom’s
Crown Prosecution Services.
Page | 23
2014 ANNUAL REPORT
The Ombudsman of Belize
5.4 She invited the Ombudsman to
be represented on the Criminal Justice
Reform Board. As of July 2014, the
Ombudsman, or his representative,
has been attending monthly Board
meetings. The meetings are held at
the Supreme Court Building and are
chaired by the Honourable Kenneth
Benjamin, Chief Justice of the
Supreme Court of Belize. The Board’s
goal is legislative reform in the
following areas:
 Criminal Procedure Rules
 Police Rules on Caution
Statements
 Protection of Witnesses
during Investigation and
Trial
 Electronic Recording of
Interviews
 Video Links in
Proceedings
5.5 The legislation and rules have
been drafted primarily by Ms.
Fearnley, with the input of all the
relevant institutions and persons, and
are near finalization. It is anticipated
that they will become law in the first
quarter of 2015.
Miss Sarah Fearnley, Criminal Justice Adviser
(C)
Ministry of Human Development
5.6 In 2011, the Ombudsman
along with the Women’s Department,
Human
Services
Department,
Director of Health Services and
Police Commissioner
worked
together to establish the Protocols for
Multi-Sectorial Response to Sexual
Violence.
Since
then,
the
collaboration between the Ministry of
Human Development, especially the
Women’s and Human Services
Departments, and the Ombudsman
has continued.
United Nations Trust Fund Project
on Gender-Based Violence
5.7 In April 2014, the Office of the
Ombudsman contributed to the
formulation of the Terms of
Reference for a consultant who will
conduct an investigation into issues
raised in the report “Strengthening
State Accountability in the Policing
and Prosecuting of Sexual Offenses”,
Page | 24
2014 ANNUAL REPORT
prepared by (then) Attorney-at-Law
Antoinette Moore in 2009.
5.8 In May 2014, the Ombudsman
and his Staff had the pleasure of
welcoming from the United Nations
Trust Fund Mission team Claudia
Briones,
Women’s
Programme
Specialist, and Gabrielle Henderson,
United Nations Entity for Gender
Equality and Empowerment of
Women.
5.9 In
August
2014,
the
Ombudsman
and
his
staff
participated in a video as part of a
public education campaign on the use
of the Ombudsman’s Office for
complaints on the Government’s
response to incidence of genderbased violence.
This video was
produced by 13 Productions and aired
for three consecutive weeks during
the months of October and
November 2014 on Love FM, Krem
and Plus TV in Belmopan. The video
was aired during the evening news to
reach a larger audience.
5.10 The Ombudsman is also a
member of the National Genderbased Violence Committee, which
deals with activities sponsored under
the United Nations Trust Fund as
well as the Central American
Integration System (SICA),
particularly, the BA1 Project.
BA1 Project
5.11 The project BA1 Prevention of
Violence against Women in Central
America seeks to contribute to the
reduction of violence against female
The Ombudsman of Belize
trafficking and femicide through
interventions on the factors that
contribute to it and on improving first
response. It is endorsed by the
Central American Integration System
(SICA’S) Heads of Government and
supported by the United Nations
Fund for Population Activities
(UNFPA) and the International
Organization for Migration (IOM).
The project will be implemented in
six
(6)
cluster
communities
throughout Belize which were
carefully selected. The Ombudsman
sits on the National Gender Base
Violence Committee (NGBVC) and
has been participating in meetings
since June 2014.
ATIPS Council
5.12 The
Ombudsman
also
collaborated with the Anti-Trafficking
in
Persons
Council
(ATIPS)
pertaining to the BA1 project,
mentioned above and to facilitate
training in relevant legislation under
the Access to Justice Program. The
training is detailed below.
University of Michigan
5.13 The arrangement with the
University of Michigan continued in
2014.
Four students from the
University of Michigan worked as
interns for the Office of the
Ombudsman. The group was asked
to prepare legal opinions on two
difficult complaints. GeDa Jones and
Britney Littles dealt with Complaint
No.
642,
which
involved
unwarrantable use of force by the
Police Department. Zhandos Kuderin
Page | 25
2014 ANNUAL REPORT
The Ombudsman of Belize
and Julie Kornfeld dealt with
Complaint No. 713, which involved
allegations
of
medical
and
professional
negligence
and
misconduct. They advised the
Ombudsman as to the legal courses of
action available in respect of each.
Bureau of Democracy, Human
Rights and Labour
 Mr. Robert Gibson, INL
Coordinator, U.S. Embassy, Belize
 His Excellency Peter Hughes,
British High Commissioner to Belize
 Her Excellency Ms. Paola Amadei,
European Union Ambassador to
Belize
 His Excellency, Yoel Perez
Marcano, Ambassador ofVenezuela
to Belize
Red Cross Society
5.14 In 2014, the Office of the
Ombudsman collaborated with the
Belize Red Cross Society in training
home health care workers, as
mentioned below.
Meetings
5.16 At these meetings, the
Ombudsman promoted his Agenda
for his term of Office. This Agenda
consists of the following priorities:
5.15 During 2014, the Ombudsman
and his staff had the honour and
privilege of meeting with various
foreign and local dignitaries.
Highlights were meetings with the
following:
 His Excellency Sir Colville Young,
Governor General of Belize
 Honourable Kenneth Benjamin,
Chief Justice of Belize
 Honourable
Gaspar
Vega,
Chairman, Ombudsman Reports
Committee
 Honourable Pablo Marin, Minister
of Health
 Honourable Patrick Faber, Minister
of Education, Youth and Sports
 Her
Excellency,
Margaret
Hawthorne,
former
Chargé
d’Affaires for Belize, United States
Embassy
 Mr. Cory Andrews, Foreign Service
Officer, U.S. State Department’s
 Public Education
Campaigns
 Constitutional and
Legislative Changes to the
Ombudsman Act.
 Resource Mobilization for
the Office of the
Ombudsman
 Establishing Strategic
Partnerships, especially in
the area of Human Rights
Protection
VI.
TRAINING
CONFERENCES
AND
6.0 In
March
2014,
the
Ombudsman met with the Toledo
staff of the Education Department
and visited four primary schools,
namely, San Felipe, Santa Ana,
Page | 26
2014 ANNUAL REPORT
Midway, and Barranco Roman
Catholic and Government Schools.
The Ombudsman made presentations
to the faculty, staff and students on
“The Role of the Ombudsman”.
6.1 On April 8, 2014, at the request
of the Belize Red Cross Society, Legal
Officer Ms. Rubiceli Perera prepared
and delivered a one-hour training
presentation to home health care
workers on the Law and Patient
Abuse. The training took place at
Belize’s ITVET (Institute for
Technical and Vocational Education
and Training) on Freetown Road,
Belize City, Belize. The training
focused on:
 Liability of Health Care
workers under the Criminal
Code, Chapter 101, Laws of
Belize, Rev. Ed. 2000
 Liability of Health Care
workers under Civil (Torts)
Law dealing with Trespass to
Person, Medical Negligence
 Screening
for
Patients
Abused by “Third Parties”
(i.e. not health care workers)
6.2 From April 22 to 25, 2014, the
Ombudsman and his Legal Officer
attended a training seminar on the
Legal
Aspects
of
Combating
Corruption, which was sponsored and
facilitated by the United States’
Defense Institute of International
Legal Studies (DIILS) and convened
at Price Barracks, Ladyville, Belize.
From May 19 to 23, 2014, the
Ombudsman and the Records and
Research Officer, Mr. Clarence
Slusher, attended a similar seminar on
The Ombudsman of Belize
the Legal Aspects of Land and
Maritime Border Security, also
sponsored by DIILS.
6.3 In July 2014, the Ombudsman
attended
the
Prison
Reform
Roundtable Discussion which was
hosted by the Belize Bar Association
and sponsored by the United
Kingdom’s Death Penalty Review
Project. The Discussion centered on
the findings of Joseph Middleton,
Consultant, concerning the prisons
system in relation to juvenile justice;
long-term prisoners; the mentally ill;
and, other groups. Mr. Middleton
published his findings in a report
called “Behind the Prison Gates:
Findings and Recommendation from
a visit by Joseph Middleton to the
Belize Central Prisons” (2014).
6.4 On July 8, 2014, the
Ombudsman and Mr. Slusher did a
presentation to the Police Recruits at
the Police Training Academy in
Belmopan City, Cayo District on the
“Role of the Ombudsman.”
6.5 From August 11 to 15, 2014,
the Ombudsman and his Records and
Research Officer attended the
Mediation and Negotiation Training
for National Human Rights Institute
in Kuala Lumpur, Malaysia. The
training was sponsored by the
Commonwealth
Secretariat
in
partnership with the South African
based ACCORD (African Centre for
Constructive Resolution of Disputes).
Page | 27
2014 ANNUAL REPORT
The Ombudsman of Belize
 Trafficking in Persons
(Prohibition) Act, Act No. 2 of
2013
 Commercial Sexual Exploitation
of Children (Prohibition) Act,
No.
3 of 2013
 Criminal Code (Draft)
Amendments, Ch. 101, Laws of
Belize
Mediation and Negotiation Training, Kuala
Lumpur, Malaysia
6.6 On October 22, 2014, the
Ombudsman and Mr. Slusher did a
presentation on the “Role of the
Ombudsman” to the faculty, staff and
students of St. Ignatius High School,
Evening Division, Santa Elena, Cayo
District.
6.7 In October and November
2014, Miss Perera helped to facilitate
training presentations as part of the
Children’s Access to Justice Program
sponsored by the ATIPS (AntiTrafficking in Persons Council), the
Ministry of Human Development,
and the National Committee for
Families and Children (NCFC). The
training targeted “front-line” workers
from the Police Department,
Immigration
and
Nationality
Department,
Human
Services
Department, Health Care workers,
and others in all six districts. Miss
Perera facilitated the sessions for
Toledo and Stann Creek only. The
presentations focused on the
following legislation:
6.8 In November 2014, Ms. Perera,
the Ombudsman and Mr. Slusher
prepared and delivered a one-hour
training presentation to Police
Officers on Case Management and
Negotiation. The training focused on
the importance of case management
in police investigation, in light of the
backlog of criminal cases and the
(draft) Criminal Procedure Rules
which will soon become law. It also
focused on the importance of
negotiating plea bargains to help
dispose of criminal cases. The training
was sponsored by the Belize Police
Department, Belize Defense Force
and the International Committee for
the Red Cross. The training took
place at the Police Training Academy,
Belmopan City, Cayo District.
6.9 In June and December 2014,
the Office of the Ombudsman hosted
interns Miss Tamara Hemsley and
Miss Josephine Flores. These two
young ladies are senior high school
students from Edward P. Yorke High
School and Gwen Lizarraga High
School, respectively. The young ladies
learned about office procedures, use
of office equipment, dress code,
punctuality, personal relations and
other workplace skills.
Page | 28
2014 ANNUAL REPORT
Meetings
The Ombudsman of Belize
Mediation and Negotiation
Training, Kuala Lumpur, Malaysia
Mr. Cory Andrews, U.S. Bureau of Democracy,
Human Rights and Labour (2R)
Mr. Andrews & Officers of the U.S. Embassy to
Belize
Her Excellency, Ms. Paola Amadei, European
Union’s Ambassador to Belize (C)
Ombudsman (L), Mr. Slusher (R)
Claudia Briones (L), Gabrielle Henderson (R),
U.N. Trust Fund Mission Team
Page | 29
2014 ANNUAL REPORT
Access to Justice Training, Belize
The Ombudsman of Belize
Tour of Primary Schools
In The Toledo District, Belize
Group Work
Group Presentation
Conclusion of Training Session in
Punta Gorda Town, Toledo District
Page | 30
2014 ANNUAL REPORT
VII. ADMINISTRATIVE
MATTERS
7.0 In 2014, the Office of the
Ombudsman carried out its mandate,
an enormous responsibility given the
number of complaints and the human
and
financial
constraints.
Nonetheless, as in previous years, the
Ombudsman and his employees
overcame these challenges and
constraints and discharged their
responsibilities
with
much
professionalism and hard work.
7.1 The year 2014 brought some
personnel changes to the Office. In
the early part of 2014, the Office of
the Ombudsman welcomed three new
employees:
 Ms. Rubiceli Perera, Legal
Officer
 Mr. Lyndon Mai, Security
Officer
 Ms. Kimberlyn Marin, Office
Cleaner
Miss Perera replaces the outgoing
Legal Officer, Mr. Oscar Selgado,
who opted not to renew his contract
in order to pursue a career as a private
law practitioner. Miss Perera’s
qualifications include a Bachelor of
Laws degree from the University of
the West Indies, Cave Hill, Barbados,
and a Certificate of Legal Education
from the Norman Manley Law
School, Mona, Jamaica. She also has
some experience in private practice as
an Associate with the established firm
of W.H. Courtenay & Co. The
The Ombudsman of Belize
Ombudsman wishes Mr. Selgado
much success in his new undertaking.
Ms. Rubiceli Perera, Legal Officer, and the
Ombudsman, after Oath Ceremony
Mr. Lyndon Mai is a retired Sergeant
of the Belize Defense Force. During
his twenty-two years as a soldier, Mr.
Mai served with diligence and loyalty.
He also took courses in counter
narcotics, crime scenes, combat
medicine, infantry tactics and
international legal studies.
Ms. Kimberlyn Marin is a graduate of
Gwen Lizaragga High School. She
once worked as a domestic/labourer
at local business places in Belize City,
Belize. Ms. Marin replaces Ms. Gilda
Leslie, who retired in 2014.
Page | 31
2014 ANNUAL REPORT
Thank you Ms. Gilda Leslie, for years of
dedicated service to the Ombudsman’s Office!
7.2 In August 2014, the Office of
the Ombudsman designed a new logo
for use on all documents and
materials. The design was initiated as
a result of the collaboration between
the Office of the Ombudsman and
the Women’s Department, Ministry
of Human Development, Social
Transformation
and
Poverty
Alleviation. A logo was required for a
joint public education campaign,
including a video “infomercial” on the
role of the Ombudsman in assessing
the Government’s response to reports
of gender-based violence.
7.3 The Logo consists of scales of
justice with speech captions, the map
of Belize, a dove with an Olive
branch, the words Ombudsman of
Belize and the motto “Don’t Suffer in
Silence”; the colours are black, white
and gold. The logo, in its entirety, is
shown below:
The Ombudsman of Belize
Don’t Suffer in Silence!
The logo’s graphics depict the work
of the Ombudsman, listening to
complainants
and
investigating
complaints, as well as the principles
with which he executes his functions
within the entire territory of Belize.
These principles are:
 Rule of law
 Peace
 Fairness & Impartiality
 Confidentiality
 Freedom of expression
 Expeditiousness
7.4 In September 2014, notice of
the new Logo was published in the
Government Gazette. The logo was
used on the infomercial on genderbased violence and is now routinely
used on correspondence; the new
website, www.ombudsmanbelize.com;
brochures; and other materials.
7.5 The Ombudsman also took
initial steps towards establishing
office procedures and making a
Complaints Register available to the
public.
Page | 32
2014 ANNUAL REPORT
7.6 As 2014 has ended, this
opportunity is taken to recognize and
express appreciation to the following
Ombudsman’s staff for their
professionalism and diligence during
the past year:
LEGAL OFFICER
Ms. Rubiceli Perera
RECORDS &
RESEARCH OFFICER
Mr. Clarence D. Slusher, Jr.
SECRETARY
Miss Trina Lizama
SECURITY OFFICER
Mr. Lyndon Mai
OFFICE CLEANER
Ms. Kimberlyn Marin
The Ombudsman of Belize
7.7 The
Ombudsman
also
acknowledges and expresses much
appreciation to the staff of the
National Assembly: Mr. Eddie
Webster, Clerk; Ms. Clarita Pech,
Deputy
Clerk;
Ms.
Valentina
Emmanuel, Finance Officer; and
other members of staff. Without their
continued and invaluable support, the
Office of the Ombudsman would not
function as smoothly as it has.
7.8 Last but not least, the
Ombudsman
expresses
much
gratitude to the following persons
who provided support and guidance
during the past year: the Honourable
Kenneth Benjamin, Chief Justice of
Belize; Mr. Godwin Arzu, Contractor
General; Mr. Gian Gandhi, Legal
Adviser, Ministry of Finance; as well
as all other persons and institutions
who were not mentioned individually.
Ombudsman and Staff
Page | 33
2014 ANNUAL REPORT
VIII. CONCLUSION
8.0 In 2014, the Ombudsman
discharged his mandate with a
reasonable measure of success. With a
limited staff and budget, his Office
made measurable strides in dealing
fairly and efficaciously with the two
hundred and twenty (220) new
complaints as well as previous years’
complaints. This is no easy task given
the limited resources; the fact that
complainant considers his complaint
of utmost urgency; and, in many
instances, the authorities are slow or
reluctant to respond.
8.1 There is still much more work
to be done.
As stated in the
Ombudsman’s introduction this
report is not merely a report on the
exercise of his functions for the year
2014 but also is a feedback of public
opinion and a starting point for
reform. In light of this, we would like
to
make
the
following
recommendations to assist the
Ombudsman in better exercising his
functions and, generally, for the better
protection of fundamental human
rights and freedoms in Belize.
8.2 We humbly recommend and
petition the Government of Belize
the authorities, civil society, and
others to:
(i) Make the Office of the
Ombudsman a constitutional
office.
(ii) Modify the Ombudsman Act
to broaden the jurisdiction of
The Ombudsman of Belize
the Ombudsman in certain
instances.
(iii) Support the Ombudsman’s
public education campaign
and other efforts.
One
specific recommendation is to
continue airing throughout
2015 (and beyond) the
“infomercial” on role of the
Ombudsman in relation to
complaints involving the
Government’s response to
reports
of
gender-based
violence. This would help the
message reach more people
and make a more lasting and
significant impact.
(iv) Formalize work relationships
and improve cooperation with
the
Office
of
the
Ombudsman, specifically, to
limit overlap of functions and
to provide for the more fair,
expeditious, and efficient
resolution of complaints.
Priority is being given to the
Police Department, which
accounts for more than half
of all new complaints, as well
as the Legal Aid Centre.
Complaints involving court
proceedings are frequently
referred to the Legal Aid
Center. However, there is no
working relationship between
the Ombudsman and the
Center regarding referrals.
(v) Make the Legal Aid Centre of
Belize
an
independent
institute.
Page | 34
2014 ANNUAL REPORT
(vi) Establish an Office of Public
Defender for capital and noncapital criminal cases, either as
part of or separate from Legal
Aid.
(vii) Change the Constitution of
Belize to provide for the
election of Judges of the
Supreme Court and Court of
Appeal. This would give them
stronger security of tenure
needed as Guardians of the
Constitution and fundamental
human rights and freedoms.
(viii) Train the staff of the Kolbe
Foundation,
Prisons
Department and others in the
procedural rules pertaining to
appeals from the Inferior Court
and the Supreme Court of
Belize.
(ix) The Courts should train and
make available very skilled,
reliable and honest Court
interpreters (English/Spanish),
especially where Defendants
face long-term imprisonment.
(x)
Appoint ‘Visiting Justices’ to
conduct sporadic inspection
tours; make inquiry and checks
at the Belize Central Prison in
the interest of protecting
constitutional
rights
and
hearing complaints regarding
the infringement or likely
infringement of those rights.
(xi) Police officers and especially
members of the Gang
Suppression Unit (GSU) should
The Ombudsman of Belize
wear body cameras in the
conduct of their duties to help
reduce the number of allegations
of “Police Brutality” and to
provide evidence in court
proceedings.
(xii) Every land transaction – from
searches to application to titles,
transfer and other transactionshould be logged in real time in a
database/network and updated
very frequently. Much of this
information should be made
available online.
(xiii) Ratify and incorporate into
domestic
law
important
international
human
rights
treaties such as the International
Covenant on Economic, Social
and Cultural Rights so that
Belizeans will be able to fully
benefit from the protection of
these rights.
(xiv) Establish a National Human
Rights Institution in Belize.
8.3 Some of the ideas for these
recommendations originated from
colleagues,
complainants,
and
concerned citizens. Some can be
implemented in the short term while
others require more thought and
preparation and can only be
implemented in the long-term. Some
will require far more resources than
others. They are presented in this
Fourteenth Annual Report as a
starting point for discussion and
consideration.
Page | 35
2014 ANNUAL REPORT
The Ombudsman of Belize
8.4 For the better execution of his
functions, in 2015, the Ombudsman
intends to strengthen collaboration
and support from the authorities, civil
society and other partners working in
areas related to human rights. The
opportunities for collaboration and
linkages include the following:
 Public Education
 Advocacy
 Identifying, elaborating
and implementing projects
pertaining to the
protection of fundamental
human rights
 Strategic Partnerships for
coordination, resourcemobilization, costs sharing,
projects, and public
education
 Establishment of a
National Human Rights
Institute
Page | 36
2014 ANNUAL REPORT
The Ombudsman of Belize
APPENDICES
Page | 37
2014 ANNUAL REPORT
The Ombudsman of Belize
APPENDIX 1. STATISTICS
Chart 1. 2014 Complaints, by Month*
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Jan
Feb
Mar
Apr
May
Jun
Monthly
Jul
Aug
Sep
Oct
Nov
Dec
Year Total
* Monthly percentages of the total (220) complaints received in 2014.
Chart 2. Complaints against the Police
Department (2012 to 2014)
211
183
250
220
200
150
100
54
99
116
50
0
2012
2013
2014
Police Total
Year Total
Page | 38
2014 ANNUAL REPORT
The Ombudsman of Belize
Chart 3. Complaints by District
400
350
116
300
31
250
13
16
15
16
200
District Total
Country Total
150
100
50
220
220
220
220
220
220
Corozal
Orange
Walk
Belize
Cayo
Stann Creek
Toledo
0
Page | 39
2014 ANNUAL REPORT
The Ombudsman of Belize
Chart 4. Complaints, By Subject Matter
A.
Subject Matter, Ministry of National Security
Appeal, Prisons
Employment Related Matters
8%
29%
False Imprisonment/Malicious
Prosecution
4%
9%
2%
Legal Counsel, Prisons
Misconduct
3%
Non-investigation
1%
5%
25%
Property/Exhibits
14%
Transfer, Prisons
Unlawful Search and Seizure
Unwarrantable Violence
Page | 40
2014 ANNUAL REPORT
The Ombudsman of Belize
Subject Matter, Other Authorities1
B.
Business Lease/License
Child Custody & Safety
4%
8%
17%
Employment Related
Matters
29%
Foreclosure
Land Matters
Other Matters
8%
34%
Page | 41
2014 ANNUAL REPORT
The Ombudsman of Belize
Chart 5. Status of Complaints
STATUS
AUTHORITY
R
P
N
C
O
CL
TOTALS
Treasury Department
0
1
0
0
0
0
1
The Office of the Director of
Public Prosecutions
2
0
0
0
0
0
2
Min. of Edu./St. Martin Sch.
0
0
0
0
0
1
1
Teaching Services Commission
0
3
0
2
0
0
5
Development Finance
Corporation
1
1
0
0
0
0
2
Income Tax Department
1
0
0
0
0
0
1
Reconstruction & Development
Corporation
0
0
0
1
0
0
1
Social Security Board
1
1
0
0
0
0
2
Belize Medical Council
1
0
0
0
0
0
1
Cleopatra White Polyclinic
0
0
1
0
0
0
1
Karl Huesner Memorial Hospital
Authority
2
0
0
0
0
0
2
Public Health Department
2
0
0
0
0
0
2
Human Services Department
1
2
1
0
0
0
4
Immigration & Nationality
Department
2
2
1
0
0
0
5
Court - Family
4
3
4
0
0
0
11
Court - Magistrates
8
2
1
0
0
0
11
Court of Appeals
1
0
0
0
0
0
1
Supreme Court
2
0
0
0
0
1
3
Supreme Court, Vital Statistics
1
2
0
0
0
0
3
Page | 42
2014 ANNUAL REPORT
The Ombudsman of Belize
Supreme Court, Legal Aid
Attorneys-at-law
2
0
0
0
0
0
2
Labour Department
0
2
0
0
0
0
2
Belize City Council
0
1
0
0
0
0
1
Fire Department
0
1
0
0
0
0
1
Liquor Licensing Board
0
1
0
0
0
0
1
Punta Gorda Town Council
1
0
0
0
0
0
1
Belmopan City Council
0
0
0
1
0
0
1
San Pedro Town Council
0
0
1
0
0
0
1
Village Council
0
0
0
1
0
0
1
Belize Coast Guard
1
0
0
0
0
0
1
Belize Defence Force
3
0
0
0
0
0
3
Police Department
12
53
39
10
2
0
116
Prisons Department
2
1
0
0
0
0
3
Lands & Survey Department
2
6
5
2
0
0
15
Ministry of Agriculture
1
0
0
0
0
0
1
Public Services Commission
1
0
0
1
0
0
2
Transport Department
0
1
0
0
0
0
1
Ministry of Works
0
1
0
0
0
0
1
Youth for the Future
0
0
0
1
0
0
1
TOTALS16:
55
86
53
19
2
2
216
16
Does not include informal complaints, such as requests for assistance with land transfers
Page | 43
1
2014 ANNUAL REPORT
The Ombudsman of Belize
LEGEND:
R – Complaints referred, refused,
terminated or withdrawn
P – Preliminary Enquiries are being
made to establish reasonable
cause
N – Notice of complaint and intent
to investigate sent to the
authorities
C – Comments regarding allegations
received from the authorities
O – Complaints subject of ongoing
investigation, after comments
received
CL – Investigation of complaint
completed
and
filed
closed
Page | 44
2014 ANNUAL REPORT
The Ombudsman of Belize
APPENDIX 2.
How to Make a
Complaint to the
Ombudsman
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
contact us. Also please bring
much supporting documents
information pertaining to
complaint.
you
in as
and
your
There 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 preferred but
Walk-ins welcome.
Ombudsman Contact Details:
Office/Mailing Address:
Email:
Website:
Facebook:
Opening Hours:
91 Freetown Road, Second Floor
P.O. Box # 1376
Belize City, Belize
Tel: 223-3594 or 223-3198
Fax: 223-3198
[email protected]
http://www.ombudsmanbelize.com/
http://www.facebook.com/ombudsman.belize
Monday to Friday,
8:00 a.m. – 12:00 p.m.
1:00 p.m. – 5:00 p.m.
Page | 45
2014 ANNUAL REPORT
The Ombudsman of Belize
APPENDIX 3. INVESTIGATIVE PROCESS
Written Complaint received by Ombudsman
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
Written Notice of Intent to Investigate sent
to Principal Officer of Authority, Officer,
Member and Minister
Decides not to investigate
Decision with reasons given to the
Complainant
Comments and Supporting Documents, including reports, Report
received from the Authority.
Information reviewed and additional information & clarifications, by
way of Hearings or otherwise, obtained by the Ombudsman.
Investigation completed. Findings and Recommendations sent to
Principal Officer, Officer and Member for opportunity to be heard.
Ombudsman’s Findings & Recommendations Final.
Recommendations Implemented by
Authority. Case Closed.
Recommendations not implemented.
Complainant dissatisfied.
Ombudsman prepares a Special
Report to the National Assembly.
Page | 46
2014 ANNUAL REPORT
The Ombudsman of Belize
APPENDIX 4. The Ombudsman Act, Key Provisions
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 in regards to
the powers of the Ombudsman.
Namely that the Ombudsman:
Section 2
 shall regard “authority” as
meaning a Ministry, department
or agency of Government, the
Belize Police Department, a City
or Town Council or any other
statutory body.
Section 4
 will serve terms lasting three
years.
Section 12
 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
 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
 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
lack
sufficient interest
- no investigation is necessary
Section 17
 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.
Section 18
 may require any officer or
member of a public authority to
furnish and produce any
document in relation to the
investigation of any matter.
Page | 47
2014 ANNUAL REPORT
The Ombudsman of Belize
Section 20
 may enter any premises occupied
by any authority in order to
inspect any document or record
therein in respect of any matter
under investigation.
Section 21
 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.
Section 25
 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
 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
 Every person who wilfully
contravenes section 14, makes any
false
statement
to
the
Ombudsman or who obstructs,
hinders
or
resists
the
Ombudsman shall be guilty of an
offence and liable to summary
conviction.
Page | 48