'You Can't Boss Us Around': EBC Cites Constitution to Resist FOIA Request

The Elections and Boundaries Commission says Belize's Freedom of Information Act cannot compel it to release redistricting records, arguing the Constitution places the Commission beyond the direction or control of outside authorities.

In a response to public interest litigant Jeremy Enriquez, the Elections and Boundaries Commission (EBC) rejected an expansive Freedom of Information request seeking records relating to Belize's long-delayed electoral redistricting exercise.

The Commission anchored its response on what it says is its constitutional independence, citing section 88(14) of the Constitution, which provides that, in exercising its functions, the Commission "shall not be subject to the direction or control of any other person or authority," except as provided by the Constitution or election laws.

The EBC further argued that the Freedom of Information Act appears to apply to Ministries and "Prescribed Authorities," but that the Commission is a separate constitutional body and is not included within the Act's definition of a prescribed authority. On that basis, it questioned whether the FOIA applies to the Commission at all.

The Commission also described Enriquez's request as exceptionally broad, saying the volume of documents sought exceeded the disclosure obligations contemplated by the FOIA.

It additionally raised concerns that Enriquez is involved in ongoing litigation concerning Belize's electoral boundaries, noting that disclosure of the requested documents could affect pending court proceedings in which both the Attorney General and the Elections and Boundaries Commission are parties.

Rather than issuing a definitive refusal, however, the Commission said it was responding as a courtesy while deferring disclosure until a court determines whether it is legally required to provide the requested records under the Freedom of Information Act.

The response comes after Enriquez submitted an 11-page Freedom of Information request on June 8 seeking unprecedented access to the Commission's work on electoral redistricting.

His request sought records detailing every major aspect of the ongoing exercise, including progress reports, implementation timelines, demographic and GIS studies, statistical analyses, draft constituency maps, technical reports, consultant contracts, procurement records, meeting minutes, correspondence with the Prime Minister, Cabinet and Attorney General, methodologies used to redraw constituency boundaries, and reports identifying delays or obstacles affecting completion of the exercise.

Enriquez also requested documents identifying every consultant, constitutional expert, statistician, demographer, geographer or electoral specialist engaged by the Commission since January 1, 2025, including their qualifications, contracts, fees and payments.

In support of his application, Enriquez argued that electoral redistricting directly affects every Belizean's constitutional right to fair and effective representation and that the Prime Minister has publicly committed to completing the exercise by the end of 2026. He maintained that the public is entitled to know what progress has been made, what methodology is being used, how public funds are being spent and whether the exercise is proceeding in accordance with constitutional principles.