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August 9, 2003 Dramatic Privy Council Ruling By Meb Cutlack (Belize Reporter newspaper) |
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It may not yet be obvious but last week's Privy
Council ruling may well signal the end not just of the Chalillo dam but also of
this present PUP government. What is already abundantly clear is that the
Government's hasty action in passing the self-serving Macal River Development
Act has flown in the face of internationally accepted legal practice and brought
not just the Government of Belize into disrepute but shone a spotlight of
disgrace on the entire country of Belize. The Privy Council last week did
more than simply allow BACONGO to proceed to a full hearing of its case against
BELCO and GOB in December. It signalled to the Belize Government its doubts
about the “unusual” relationship between BECOL and the Government of Belize. The President of the court
expressed his concern that the Macal River Development Act sought to prevent the
Privy Council decision from being acted upon. The Attorney General of Belize,
Godfrey Smith, then gave assurances that the Government would abide by the
ruling of the court DESPITE the new Act. This about-turn should, in itself,
signal Fortic Inc of Canada that the game is up and that they had better
rethink, and rethink quickly, the entitre Chalillo dam project. From the very start Chalillo has
been a lie, a mistake piled upon the earlier mistake of the Mollejon dam.
Chalillo has also been, from the very beginning and also along with Mollejon,
the particular baby of finance supremo Ralph Fonseca.. Like Fortis, it is time
for Mr. Fonseca to consider his best option: that is, to resign, to go
quietly before he brings down the entire government - and the Peoples United
Party with it. The reality of what has happened in London, and what is to come,
is not just that Mr. Fonseca and the government have been caught out but that
they most probably face true condemnation in December, condemnation not just for
lack of sticking to legally binding environmental guidelines but also, very
likely, harsh condemnation for attempting to ursurp the laws of Belize by
passing legislation to bypass judicial process, legislation which directly
confronts the Constitution of Belize. The Belizean people must also by
now realize that they have been taken for a ride not only over Chalillo but over
many other issues as well. Those whom I call “First Belizeans”, a favoured few
who have been handed huge chunks of the assets which belong to all Belizeans and
who are prospering very nicely indeed under the PUP government, should begin to
question the legality of some of the assets which have been passed to them. It
is one thing to legitimately acquire government assets through open and
transparent tendering process but quite another kettle of rather smelly fish to
take over government assets without any legal process what-so-ever. They
should consider that an action which can succeed in the Privy Council over an
environmental issue could also most likely succeed equally on issues to do with
the illegal handover of government property without either transparency, legal
tender or due process of any sort. To label as a “bribe” the sale of
the government printers to the former manager of the Printers at the very time
in which that manager was involved in a labour dispute with the Governemt would
be quite unacceptable and certainly not true but, when that sale is salted with
a DFC loan to allow this officer to make the purchase, then it can only be said
that such a transaction is “indiscreet” at the very least. And its timing
is so blatant that it suggests that the government feels it can do what it
likes, when it likes, and that the assets and laws of Belize are no more or less
than fodder on which to fatten itself. The President of the Privy Council
commented last week that BELCO/Fortis had received from government "benefits of
the provisions of the Third Master agreement” that he had “never seen before” in
any contract. Perhaps this alone should give all
members of the government, and particularly Prime Minister Said Musa, pause for
very serious thought and reconsideration not just of its immediate future but
the future of the country as a whole. The outcome of last week's case
could be a crossroads, with one path leading back to democracy and sanity, the
other onward to olligarchal dictatorship and disaster. Perhaps in the near
future a national unity government will be called for and a person respected by
all political persuasions, such as Jorge Espat, could be asked to form such a
government. This current government has
reached the end of the
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