GoB tries to limit Ombudsman’s authority re: Jerry Enriquez’s request

By William Ysaguirre (Freelance Writer)

BELIZE CITY, Thurs. Oct. 30, 2025

   Under the Freedom of Information Act 1994, the Ombudsman has legal authority to review the decision of a public authority, i.e. a ministry, department, local authority or public statutory corporation, when these organizations deny or defer access to public document(s). The Ombudsman’s jurisdiction is invoked with a written application for review made within the prescribed time.

   On the Ombudsman’s official website, Ombudsman Gilbert Swaso invites Belizeans: “We want to hear your complaint! The Ombudsman will investigate your complaint of wrongdoing, corruption, abuse, injustice or injury by an authority. Your complaint will be treated with confidentiality and respect. … No fees are charged for our services.”

   A conundrum arose, however, when civil rights activist Jerry Enriquez sought a judicial injunction from Belize’s High Court in February to compel the government to conduct a re-districting exercise before any general elections, on the grounds that the people should have proportional representation in the House, and that any general election would be unconstitutional, because the 31 electoral districts were too disproportionate. Some constituencies, notably Belmopan, Belize Rural and Stann Creek West had over 10,000 voters; while the smallest, Mesopotamia had barely 2,253 voters, Queen’s Square had 2,824, and Collet – 3,625. Such a ruling would have delayed this year’s March 12 General Elections, in which the People’s United Party won a landslide 26-5 victory. The Opposition United Democratic Party won seats in 2 of the smallest constituencies: Albert and Queen’s Square.

   Enriquez’s Trinidadian attorney, Anand Ramlogan, accused the judge hearing the case, Justice Tawanda Hondora, of impropriety and asked the judge to recuse himself from the case. He later accused Hondora of judicial bias, when Hondora made some off-the-cuff remarks to other court officials, unaware that his microphone was still on, and that his comments had been recorded.

   Hondora eventually ruled in favor of the government and denied Enriquez’s application. In the Judgement, Hondora also had the power to award the government costs, in which case Enriquez would have had to pay the costs of the government’s high-powered attorneys.

   The Ombudsman upheld Enriquez’s request filed under the Freedom of Information Act, for the Attorney General to reveal how much the government paid Courtenay Coye LLP and its other lawyers. So far, the Government has stone-walled Enriquez on this issue, but Swaso sided with Enriquez and wrote to the Attorney General a fortnight ago that he should: “reconsider his position and provide partial disclosure by releasing: The names of the attorneys or law firms retained by the Government of Belize in the relevant cases; and The total amounts paid to each attorney or firm from public funds.”

     Prime Minister Hon. John Briceño, however, told reporters on Monday, October 27, “I don’t know if the Ombudsman even has that authority.” 

   Enriquez remains undaunted, and has filed another Freedom of Information request with the Prime Minister’s Office to reveal details of Constituency Development Funds which each elected member of the House of Representatives receives for social development in their electoral district, and to provide “… full disclosure of the allocation, management, and accountability of” those funds “for fiscal years 2020 to 2025.”

   In a press release yesterday, Enriquez said he had “urged the Government to respond within the 14-day period mandated by the Freedom of Information Act”.