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The hastily enacted Macal Hydroelectric Development Bill of Friday the 13th
of June has, on the face of it, enabled Fortis Inc. of Canada to go ahead with
their dam on the upper Macal River despite court cases pending against
construction of the dam at the Privy Council in London.
This Bill has done more than that, though. It has directly allowed the
Executive, a single leg of the tripod which is the vital separation of powers on
which the Belizean Constitution stands, to overpower the Legislature and to
discard the Judiciary - in fact, to rip into shreds the Constitution of Belize.
The Legislature was already wobbling and this act of knocking out the Judiciary
has undermined any possibility for stability and may indeed topple Belizean
democracy altogether.
What it has also done is take the Chalillo dam project out of the local arena of
BACONGO against BELCO and BEL and thrust the issue squarely into the
increasingly heated international debate about globalization, in particular the
huge profits accrued by corporations from industrial nations at the expense of ,
and with disastrous results for, the people of developing nations such as
Belize.
It is no longer a case of BACONGO, a small group of local Belizean civic leaders
and environmentalists, battling an uneconomic and environmentally unfriendly dam
in the mountains. It is now all the people of Belize versus a monopolistic, very
rich giant of globalization (Fortis Inc., of Canada) which is taking what it
wants and in total contempt of Belizean law and taking it by the sleight of hand
exercised by their puppet Government, once supposedly the protector of the
people and the environment of Belize.
If Belizeans think that this is an exaggeration then let them regard these words
very carefully: "For the avoidance of doubt and for greater certainty, BECOL
shall proceed with the design financing, construction and operation for the
Chalillo Project in accordance with paragraphs (a), (b) and (c) of this section
notwithstanding any judgement, order or declaration of any court or tribunal,
whether heretofore or hereafter granted, issued or made."
Read it again and again until the message is clear. The Judiciary has been
totally sidestepped, discarded. The Bill announces clearly to all that from this
day henceforth the only law in Belize is that which suits government and its
various foreign cohorts. We have seen the same story with telecommunications and
the water of Belize and even with the monopoly bus system which is, in all but
name, already owned by Guatemalan interests.
In the Senate, on the day of infamy, a small brave group of four did fight
against the Bill but were overpowered by the Government´s majority - yet another
lesson in the need for a reformed elected and independent Senate.
As commented by Channel 5 TV, normally a supporter of Prime Minister Said Musa
and the PUP: "Clearly, a law which places any person or activity beyond the
reach of the system of justice, is incompatible with the notion of
constitutional rule. The government must know this, and we can only assume that
the bill, which went through all three readings in one day, was enacted in order
to ease the concerns of BECOL's potential financiers."
It shows in fact the ugly face of a new form of imperialism, of
global imperialism whereby huge multinational conglomerates can buy and sell the
assets - and the very lives and hopes - of entire populations by subverting
local politicians.
This Bill also heralds a new form of colonialism because, when a foreign
enterprise can dictate that it is no longer beholden to the laws of the land in
which it operates, then it is no different from the very worse days of
colonialism. It is the effective end of Independence, of sovereignty, of dignity
and, in this case, of the right of Belizeans to stand free and proud.
"Land of the free by the Carib sea, our manhood we pledge to thy liberty, no
tyrants here linger , despots must flee, this tranquil haven of democracy…"
Forget it!
What is also set to go, unless Belizeans now fight back and insist of this
odious Bill being struck down, is every freedom mentioned in the constitution -
and that includes Freedom of the Press and Freedom of Association.
If this Bill is allowed to stand, this Government (and I say the word with due
contempt) can do what it likes. It can pass Act after Act ripping again and
again at the rights and freedoms of all Belizeans. The one resort, the one safe
haven from dictatorship, is the Law, and the very structure of the laws of
Belize has now been pulled out from under all Belizeans - not just from under
BACONGO.
Last week I described the government as having gone "beserk". It is worse
than that. This is not a temporary madness or a passing fit of stupidity. What
they have done is simply and purely criminal.
As Channel 5 concluded in their report: "The fact is that, whether you like
Chalillo or not, this bill may be the worst piece of legislation ever passed by
the House of Representatives." That says it - but does not end it. It is up to
all Belizeans to do that.
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