Constitution of Belize

THE CONSTITUTION OF BELIZE

AS IN FORCE ON MARCH 1, 2012

CHAPTER I
The State and The Constitution
1.The State.
2.Constitution is supreme law.
CHAPTER II
Protection of Fundamental Rights and Freedoms
3.Fundamental rights and freedoms.
4.Protection of right to life.
5.Protection of right to personal liberty.
6.Protection of law.
7.Protection from inhuman treatment.
8.Protection from slavery and forced labor.
9.Protection from arbitrary search or entry.
10.Protection of freedom of movement.
11.Protection of freedom of conscience.
12.Protection of freedom .of expression.
13.Protection of freedom of assembly and association.
14.Protection of right of privacy.
15.Protection of right to work.
16.Protection from discrimination on thc grounds of race, etc.
17.Protection from deprivation of property.
18.Provisions for periods of public emergency.
19.Protection of persons detained under emergency laws.
20.Enforcement of protective provisions.
21.Protection of existing laws.
22.Interpretation and savings.
CHAPTER III
Citizenship
23.Persons who become citizens on Independence Day.
24.Persons born in Belize on or after Independence Day.
25.Persons horn outside Belize on or after Independence Day.
26.Registration.
27.Dual Nationality.
28.Citizenship legislation.
29. Interpretation.
CHAPTER IV
The governor-general
30.Establishment of office.
31.Acting governor-general.
32.Oath to be taken by governor-general.
33.Deputy to governor-general.
34.Exercise of governor-general’s functions.
35.Governor-General to be informed concerning matters of government
CHAPTER V
The Executive
36.Executive authority.
37.Prime Minister.
38.Deputy Prime Minister.
39.Performance of functions of Prime Minister during absence or illness.
40.Ministers of Government.
41. Allocation of portfolios to Ministers.
42.Attorney-General.
43.Performance of functions of Ministers during absence or illness.
44.Cabinet.
45.Ministers of State.
46.Oath to be taken by Ministers, etc.
47.Leader of the Opposition.
48.Permanent Secretaries.
49.Secretary to the Cabinet.
50.Control of public prosecutions.
51.Constitution of offices, etc.
52.Prerogative of mercy.
53.Procedure in capital cases.
54.Belize Advisory Council.
CHAPTER VI
The Legislature
55.Establishment of Legislature.
56.Composition of House of Representatives.
57.Qualifications for election as member.
58.Disqualifications for election as member.
59.Tenure of office of members.
60.Speaker and Deputy Speaker.
61.Composition of Senate.
62.Qualifications for appointment as Senator.
63.Disqualifications for appointment as Senator.
64.Tenure of office of Senator.
65.Appointment of temporary Senators.
66.President and Vice-President.
67.Clerks to Houses of National Assembly.
68.Power to make laws.
69.Alteration of Constitution.
70.Regulation of procedure in National Assembly, etc.
71.Oath to be taken by members of National Assembly.
72.Presiding in House of Representatives and Senate.
73.Voting.
74.Freedom of speech.
75.Validity of proceedings.
76.Quorum.
77.Introduction of Bills, etc.
78.Restriction on powers of Senate as to money Bills.
79.Restriction on powers of Senate as to Bills other than money Bills.
80.Provisions relating to sections 77,78 and 79.
81.Mode of exercise of legislative power.
82.Words of enactment.
83.Sessions of Legislature, etc.
84.Prorogation and dissolution of Legislature.
85.General elections and appointment of Senators.
86.Determination of questions as to membership of National Assembly.
87.Unqualified persons sitting or voting.
88.Elections and Boundaries Commission.
89.Electoral divisions.
90.Increase of electoral divisions.
91.Revision of electoral divisions.
92.Conduct of voting.
93.Conduct of elects, etc.
CHAPTER VII
The Judiciary
94. Establishment of Supreme Court and Court of Appeal.
95. The Supreme Court.
96. Reference of constitutional questions to Supreme Court.
97. Appointment of justices of Supreme Court.
98. Tenure of office of justices of Supreme Court.
99. Oath to be taken by justices of Supreme Court.
100. Appeals to the Court of Appeal
101. Appointment of Justices of Appeal
102. Tenure of office of Justices of Appeal
103. Oath to be taken by Justices of Appeal
104. Appeals to Her Majesty in Council.
CHAPTER VIII
The Public Service
105. Public Services Commission.
106. Appointment, etc. of public officers.
107. Appointment. etc. of permanent secretaries and certain other officers.
108. Director of Public Prosecutions.
109. Auditor-General,
110. Appointment, etc. of junior police officers.
110A. Appointment, etc. of junior SIS officers and employees.
110B. Appointment. etc. of junior officers of Prison Service.
111. Appeals in discipline cases.
112. Pension laws and protection of pension rights.
113. Grant and withholding of pensions, etc.
CHAPTER IX
Finance
114. Establishment of Consolidated Revenue Fund.
115. Authorization of expenditure from Consolidated Revenue Fund.
116. Authorization of expenditure in advance of appropriation.
117. Contingencies Fund.
118. Remuneration of certain officers.
119. Public debt.
120. Audit of public accounts, etc.
CHAPTER X
Miscellaneous
121. Code of Conduct.
122. National Symbols.
123. Powers of appointment and acting appointments.
124. Reappointment and concurrent appointments.
125. Removal from office.
126. Resignations.
127. Saving for jurisdiction of courts.
128. Power to amend and revoke instruments, etc.
129. Consultation.
130. National Seal.
131. Interpretation.
CHAPTER XI
Transitional Provisions
131 Interpretation for this Chapter.
133. The Constitution — transitional powers.
134. Existing laws
135. First governor-general
136. Ministers
137. National Assembly
138. Existing public officers
139. Supreme Court and Court of Appeal.
140. Alteration of this chapter
CHAPTER XII
Repeal and Date of Commencement
141. Commencement
142. Revocations

PART XIII
Government Control Over Public Utilities
143. Interpretation.
144. Majority ownership and control of public utilities.
145. Validity of Acquisition Orders in respect of Belize Electricity
Limited and Belize Telemedia Limited.
SCHEDULE 1
Definition of Belize
SCHEDULE 2
Alteration of Constitution
SCHEDULE 3
Form of Oath and Form of Affirmation
SCHEDULE 4
Revocations

The Constitution of Belize

Preamble

WHEREAS the people of Belize-

(a) Affirm that the Nation of Belize shall be founded upon principles which acknowledge the supremacy of God, faith in human rights and fundamental freedoms, the position of the family in a society of free men and free institutions, the dignity of the human person and the equal and inalienable rights with which all members of the human family are endowed by their Creator;

(b) Respect the principles of social justice and therefore believe that the operation of the economic system must result in the material resources of the community being so distributed as to subserve the common good, that there should be adequate means of livelihood for all, that labour should not be exploited or forced by economic necessity to operate in inhumane conditions but that there should be
opportunity for advancement on the basis of recognition of merit, ability and integrity, that equal
protection should be given to children regardless of their social status, and that a just system should be ensured to provide for education and health on the basis of equality;

(c) Believe that the will of the people shall form the basis of government in a democratic society in which the government is freely elected by universal adult suffrage and in which all persons may, to the extent of their capacity, play some part in the institutions of national life and thus develop and maintain due respect for lawfully constituted authority;

(d) Recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and upon the rule of law;

(e) Require policies of state which protect and safeguard the unity, freedom, sovereignty and territorial integrity of Belize; which eliminate economic and social privilege and disparity among the citizens of Belize whether by race, ethnicity, colour, creed, disability or sex; which ensures gender equality; which protect the rights of the individual to life, liberty, basic education, basic health, the right to vote in elections, the right to work and the pursuit of happiness; which protect the identity, dignity and social and cultural values of Belizeans, including Belize’s indigenous peoples; which preserve the right of the individual to the ownership of private property and the right to operate private businesses; which prohibit the exploitation of man by man or by the state; which ensure a just system of social security and welfare; which protect the environment; which promote international peace, security and co-operation among nations, the establishment of a just and equitable international economic and social order in the world with respect for international law and treaty obligations in the dealings among nations;

(f) Desire that their society shall reflect and enjoy the above mentioned principles, beliefs and needs and that their Constitution should therefore enshrine and make provisions for ensuring the achievement of the same in Belize.