Dr. Dylan Vernon, a political scientist and former Chair of the Political Reform Commission of 2000, says the threshold for declaring public state of emergencies need to be higher.
Voicing his concerns via his latest “Time Come” website, Vernon voiced significant concerns regarding Belize’s current use of state of emergency provisions to combat gang-related violence. His comments come at a time when the nation is grappling with a surge in gang-related murders, leading to repeated declarations of public emergencies in high-risk areas.
Vernon’s primary concern lies with the "low threshold" for declaring states of emergency. Under Section 18 of the Belize Constitution, the Governor-General, upon being satisfied of a public emergency due to war, natural disasters, or significant threats to public safety, can proclaim a state of emergency. This proclamation grants the government extensive powers to maintain public order and safety.
Impact on Civil Liberties
These powers include the treatment of rights enshrined under the Constitution. More precisely, Section 18(10) of the Belize Constitution states, “Nothing contained in or done under the authority of any law… shall be held to be inconsistent with or in contravention of sections 5, 6, 8, 9, 10, 12, 13, 14, 15, 16, or 17 of this Constitution” during a period of public emergency, provided such actions are "reasonably justifiable" in the context of the emergency.
It is important to note that those sections of the Constitution cover key rights such as: (i) protection of right to personal liberty, (ii) protection of law, (iii) protection from slavery and forced labor, (iv) protection from arbitrary search and entry, (v) protection for freedom of movement; (vi) freedom of expression, and more.
Once they are deemed “reasonably justified”, these rights, during an SOE, can be and are effectively suspended or limited.
Consequently, this provision, Dr. Vernon, argues should raise alarms about potential human rights abuses, particularly among black urban youth, who are often the focus of these emergency measures.
Vernon argues that the current framework allows for too easy a declaration and extension of public emergencies, potentially leading to abuses and prolonged violations of civil liberties. “Declarations of periods of public emergency related to domestic gang activity seem to be in a different arena,” he remarked, emphasizing that these declarations are susceptible to misuse.
Calls for Constitutional Reform
To address these concerns, Vernon suggests two primary areas for constitutional reform:
1. Increase the Threshold for Declarations: He proposes that the threshold for declaring public emergencies related to domestic threats, such as gang activity, should be higher. Specifically, he recommends that such declarations require a three-fourths majority in the House of Representatives and the concurrence of the Senate, rather than the current two-thirds majority.
2. Limit the Use of Armed Forces: Vernon calls for clearer constitutional guidelines on the role of the armed forces during states of emergency. He suggests that the Constitution should explicitly limit the use of the Belize Defence Force (BDF) and other military elements in domestic law enforcement activities, particularly those targeting gang-related issues. This change aims to prevent the escalation of violence and protect the rights of citizens.
Involving the People
These calls for reform come amidst the efforts of the People's Constitution Commission (PCC), which is actively seeking feedback from the Belizean public to inform a new or revised Belize Constitution.
Vernon’s analysis underscores the need for public debate on the use of emergency powers in Belize. He argues that significant national decisions, such as declaring states of emergency, should involve more than just executive decisions. Instead, these should be subject to broader legislative scrutiny and public discussion to ensure that the rights of Belizean citizens are safeguarded.
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