The Toilet Paperization Of Our Constitution

The views expressed in this article are those of the writer and not necessarily those of Breaking Belize News.

By Dr. Gerald Zuniga, Political Science Studies, Universidad de San Carlos de Guatemala & Universidad Mariano Galvez, Guatemala City

How many times since September 21st, 1981, when we became independent, recognized, and respected by the international community along with our present Constitution becoming valid and I can’t say came into effect because effect there isn’t and hasn’t been none, that you see and hear them with their right hand raised making oaths of allegiance? They made amendment to the original oath removing Her Majesty Queen Elizabeth the Second, Her Heirs and Successors, from it. The rest remain the same. How many times have you heard them with their right hand raised say and repeat the following:

I,  _____________, do swear {or solemnly and sincerely affirm and declare} that I will bear true faith and allegiance to Belize, and will uphold Belize Constitution and the Law, and that I will conscientiously, impartially and to the best of my ability discharge my duties {

} and do right to all manner of people without fear and favour, affection or ill will [So help me God]? I am sure you have heard it hundreds of times. So often like the frequent diarrhoeas of a cholera patient. With all respect to the patients suffering from cholera in Mozambique and Yemen. May they recover promptly! Nevertheless, I couldn’t find a better analogy. NOT ONLY THE AMOUNT OF TIMES THAT THEY PLEDGE ALLEGIANCE TO THE CONSTITUTION BUT ALSO TO THE NUMBER OF TIMES THAT THEY PASS IT THROUGH THE ARC OF TRIUMP. Without the minimum fear of repercussions whether legally or sociopolitically. Who could and should make a stop to this? Who has constitutional duty and power to do? It is our duty, all of us as citizens, to abide by our Constitution. It is our rights and obligation.. We should demand that our Constitution be respected and complied with and the oaths of allegiance should be taken with the seriousness it deserves. However, who has the constitutional power to enforce the Constitution is the Judiciary; the Supreme Court. That power in our State, eventhough they are decimating it with a low budget, is obliged to make sure that the Constitution is observed in all its facets. It is one of the three powers that make up our State apart from the Legislative and Executive but because of our parlamentarianess, there is dualism between the Legislative and the Executive. So we as Belizeans put our faith and sovereignty into the Judiciary that they, yes,  will hold high our Constitution. And at this special moment in our history, will have the citizenry in jubilation.

Schedule 1 (1) of our Constitution clearly defines our borders at the North and South and East and West. So the presence of an Adjacency Zone violates our Constitution. Hence, it is also irrelevant and unconstitutional to even confirm and in worse scenario adjust by even a millimeter our borders by any international entity.  So why on earth are we thinking about transferring our jurisdiction to the ICJ to play with our territory and minds for about 5 years pending a resolution. A YES TO THE ICJ IS A NO TO OUR CONSTITUTION AND IT WOULD BE A CONTINUATION OF ITS TOILET PAPERIZATION AND EVEN FURTHER, IT WOULD BE ITS CREMATION. We will then have to write a new Constitution Venezuela style, (Every new government). We don’t have the culture of respecting our Constitution. Ironically, those who should and are called to respect it and pledge under oath to uphold our Constitution are the first to fling it one side. A Constitution is like the Bible for the true Christians. A violation of a Constitution is not a simple thing. In many countries, whoever violates the Constitution is automatically and immediately removed from office and even imprisoned. In some countries it is considered as treason and even punished with the death penalty. HERE IN BELIZE WE HAVE SEEN 37 YEARS AND MONTHS OF GROSS VIOLATIONS OF OUR CONSTITUTION WITHOUT ANY PUNISHMENT. INSTEAD, THEY RECEIVE REWARDS AND AWARDS.

The SUPREME COURT MUST INVOKE ART.95 & 96 OF OUR CONSTITUTION. Also in accordance to Art. 99 of our Constitution, they too takes oaths of allegiance to their office and to our Constitution. So they have double obligation to our Constitution, as lawyers in the exercise of their profession and by taking the oath of allegiance to it.

Guatemala, Belize, the negotiators for Belize, the negotiaors for Guatemala, the OAS, and the international community of the United Nations in general know very well that our borders are well defined in our Constitution why on earth did they and are they putting our territorial integrity in dispute. Is that the message they should send to the world that Constitutions are only paper and hence should not be respected? Are they advocating for peace really?  Or are they taking advantage of us because vour political class has left us underdeveloped and dependent? Would they do the same to Israel? As a matter of fact, they gave not been able to do the same to Israel. If our border was the issue, Guatemala should have protested before our Constitution came into effect or became valid. They should have protested Schedule (1). They remained dormant as they tend to do during the lapse of hundreds of years but that dormancy has a price.

AS A RESULT GUATEMALA’S CLAIM IS NOW IPSUM NUPER OR VERY LATE, AND HAS PRESCRIBED. Also Belize is now a nation not a territory with a citizenry with full exercise of their human rights inherent and acquired in accordance with our Constitution and international statutes in regards to human rights. With pain in the hearts of that oligarch of theirs with the hard line political class and faction of the military, they have no option but to accept the fate of Belize like that of Chiapas and Soconusco. And like that of Chiapas, we live together as good neighbours with trade which is already in their favour and foster other means of bilateral cooperations. Let them put away their egoes and prides. The 73% that didn’t turned out to vote in their referundum sent precisely that message that their political class in the past didn’t act on time and now it is too late; ipsum nuper.

LONG LIVE BELIZE WITH ITS  8,867 SQ. MILES AND  LET THE 15 JUDGES STAY IN THEIR RESPECTIVE COUNTRIES.

No to the toilet paperization of our Constitution!

LONG LIVE THE ACTUAL CONSTITUTION OF BELIZE UNTIL WE ARE READY TO MAKE AMENDMENTS!

Que viva la Constitución actual de Belice hasta que estamos listos para hacer enmiendas!