Public Invited to Comment on Controversial 13th Amendment

The House’s Constitution and Foreign Affairs Committee is calling on the public to submit views on the Belize Constitution (Thirteenth Amendment) Bill, 2025; submissions are due by Tuesday, August 26th.

The Committee issued the call on June 11th following its formal review of the Bill, which proposes to give constitutional authority for declaring “special areas” where rights can be temporarily limited for the purpose of crime control and public safety. The proposed amendment also establishes a new Gun and Gang Court, expands security forces’ search-and-detention powers, and retroactively validates prior States of Emergency (SOEs) and related actions.

Submissions must be addressed to the Clerk of the National Assembly via email at ClerkNA@bna.gov.bz or mailed to the National Assembly in Belmopan. Email submissions should use the subject line: Belize Constitution (Thirteenth Amendment) Bill, 2025.

The Bill’s emergence follows recent High Court decisions that raised legal doubts over the constitutionality of extended detentions under past SOEs. In one notable case, sixteen men were awarded damages after the court found that their July 2020 detentions violated Section 3 and 19(1)(c) of the Constitution due to the lack of judicial oversight and insufficient justification.

In a separate pair of cases (Claim Nos. 818 and 819 of 2023), the court upheld the legitimacy of other SOE declarations but underscored the need for such actions to remain “reasonably justifiable” and proportionate to the public threat. The rulings reflect a nuanced legal landscape: while the judiciary recognized the government’s need to act during emergencies, it cautioned against overreach.

In response, the Thirteenth Amendment Bill seeks to codify the government’s authority to impose extraordinary measures during periods of heightened crime. According to the Bill’s preamble, conflicting rulings have created legal uncertainty that must be resolved to ensure public safety operations can continue without judicial disruption.

Key features of the Bill include:

• Creation of “special areas” where enhanced police powers and movement restrictions may be activated.

• Introduction of a Gun and Gang Court with High Court and Magistrate-level authority.

• Legal validation of 18 past Proclamations and SOE Regulations dating back to 2018.

• A clause protecting the government from further liability for damages related to those previously challenged SOEs.

  
  

While proponents argue the Bill ensures continuity in crime-fighting strategy, legal experts and human rights observers may raise concerns over the balance between public security and individual freedoms.