Opposition Leader Raises Alarm Over Ombudsman Vacancy, Swaso Lawsuit and Constitutional Rights

Opposition Leader Tracy Taegar Panton is urging Belizeans to pay close attention to what she describes as growing concerns surrounding constitutional rights, government accountability and the independence of oversight institutions, placing particular emphasis on the ongoing vacancy in the Office of the Ombudsman and the legal challenge brought by former Ombudsman Major Gilbert Swaso.

In a series of public statements issued over recent days, Panton argued that the issues raised by Swaso's constitutional claim extend beyond the circumstances of one individual and touch on the broader question of whether independent constitutional offices in Belize can operate free from political interference.

As reported elsewhere in this week's The Reporter, Swaso recently filed a constitutional challenge against the Government of Belize, alleging that his appointment was not renewed after he ruled in favor of a Freedom of Information request seeking disclosure of legal fees paid by government in connection with the redistricting case. He also alleges that attempts were made to influence matters falling within the jurisdiction of the Ombudsman's Office. The allegations have not yet been tested before the courts.

Panton said the claims raise concerns about transparency, accountability and the protection of constitutional safeguards. She described the Ombudsman as a critical institution responsible for protecting citizens from abuse, maladministration and unfair treatment by the State.

The Opposition Leader also renewed criticism of the government's failure to appoint a substantive Ombudsman following the expiration of Swaso's term on December 31, 2025. She noted that Belize has now gone several months without a substantive officeholder, leaving complaints against public authorities unresolved and Freedom of Information reviews in limbo.

It is important to note that the Ombudsman Act does authorize "substitution". Section 7(1) of the Ombudsman Act reads:

"7.-(1) When a vacancy arises in the office of Ombudsman, the Governor-General acting on the recommendations of the National Assembly, may designate a person to act in that office during such vacancy, until a substantive appointment is made."

In a separate statement, Panton linked the Swaso matter to what she characterized as a broader pattern of constitutional concerns. She pointed to cases involving former UDP Vice Chairman Alberto August and independent journalist Ryan Budna, arguing that while each matter must be assessed on its own facts, the allegations emerging from the various cases raise questions about due process, fairness, the rule of law and the exercise of state authority.

According to Panton, constitutional rights and freedoms are fundamental protections that belong to all Belizeans and should not be treated as privileges granted by government. She cautioned against the normalization of what she described as institutional overreach or the perception of overreach, arguing that democracy depends on strong institutions, transparency and accountability.

The Opposition has called on the Government of Belize to explain why no substantive Ombudsman has been appointed since the end of 2025, why no acting Ombudsman has been designated to ensure continuity of the office, and what remedies remain available to citizens whose complaints and rights-related matters would ordinarily fall within the Ombudsman's jurisdiction.

Panton said Belizeans should remain informed and vigilant regarding developments affecting constitutional rights and democratic institutions, maintaining that public confidence in governance depends on the strength and independence of the country's oversight bodies.