Belize Sugar Industries Limited fired off a press release saying that it denounces a commission of inquiry into its private affairs. BSI says that Prime Minister John Briceño announced the Commission of Inquiry (COI) “with a mandate to delve into the private affairs of BSI, with the sole purpose of providing ammunition for one cane farmer association, the Belize Sugar Cane Farmers Association (BSCFA), to continue its relentless effort to coerce BSI to pay more for cane without any economic or business justification.”
BSI asserts that the three other cane farmers’ associations that represent “roughly half the cane do not support the COI.”
According to BSI, “This decision is politically driven and totally erodes ASR’s investor confidence as the largest US investor in Belize and undermines representations made by the Government of Belize to ASR in 2012 that it would receive fair treatment.”
BSI says that it will not be compelled to “produce proprietary and confidential commercial information, the rights over which are protected by law.”
“BSI sees this Commission of Inquiry as a further assault on its business interests and outright bad faith by the government.”
The Belize Sugar Cane Farmers Association is accusing Prime Minister John Briceño of lying to them. On January fourth, the association entered into a written agreement with the Prime Minister that brought an end to protests organized by cane farmers in Orange Walk. In the agreement, Prime Minister Briceño committed that a commission of inquiry would be established within three months of the signing of the agreement. Well, more than seventy days have passed, and that commission is yet to be operationalized. B.S.C.F.A. demanded that the commission be established to investigate the inner workings of the industry and to provide recommendations for its modernization. When reporters asked the Prime Minister about the delays, he noted that consultations need to be held with the other three associations, before the commission can commence its work. This prompted a press release from B.S.C.F.A. calling on PM Briceño to, ‘stay on track’. And today, the association called a press conference at their headquarters to say that the prime minister is making petty excuses.
Alfredo Ortega
Alfredo Ortega, Vice-Chairman, B.S.C.F.A.
“We are very upset with his comments, his interview, the words that he used, because if you can recall in January fourth when we were in negotiations with BSI when he was one of the main characters in the negotiations between us and BSI, he signed a document with us in which he committed himself, he committed his government that within thirty days, after the signature of the fourth of January, that the commission of inquiry would be starting their work. And, we have the document that he signed. So, he is not knowledgeable to what he said. He knows very well. Now he comes out to say proper consultation was not done. Consultations was done long before. Consultations was done from July of last year. Even in the document he says that Cabinet has already approved for the commission of inquiry to do their work.”
Javier Keme
Javier Keme, Chairman, B.S.C.F.A. Finance Committee
“Two associations chose to participate, which was the Northern Association and BSCFA and Progressive and BSI chose not to participate. They were invited several times to participate in meetings, discussing the terms of reference of the commission of inquiry, consultations, and invitation to participate. They chose not to participate. That was their choice. Now their was an event that went further. During the negotiations for the commercial agreement, it came out that BSI is ok with the commission of inquiry provided that they are given the opportunity to name two commissioners. How will he say that these entities were not consulted and he is accepting himself that BSI has named two commissioners to form part of the commission group. This is absorbing the way he put his statements. These are petty excuses. And i want to highlight this as well, that in disrespecting the cane farmers, he disrespected a team that he authorized to work on this commission of inquiry terms of reference. He was the one that authorized this work to start from the beginning. And in his statement he disrespected them that they didn’t do the job he told them to do.”
Doubling down on their position, Ortega plainly stated that the association believes Prime Minister Briceño lied to cane farmers and Belizeans to put an end to the protest actions. Ortega also cautioned PM Briceño, contending that sugarcane farmers possess the power to significantly influence the outcome of the 2025 general elections in Orange Walk Central.
Alfredo Ortega, Vice-Chairman, B.S.C.F.A.
“As you can see we have reached March and the signing of the document was in January. Thirty days was in February. So we have long past due that. Now that we have reached this stage and we have listened, because first we were waiting for the government or the prime minister to declare, because he said in his interview on Friday that he is the one in charge to declare the commission of inquiry. We were waiting for that, but when we listened to what he said on Friday we can clearly say he lied to us, he lied to the cane farmers and that is why we are here. We want to clearly see how the prime minister behaves, lying to the cane farmers, lying to us, lying to the Belizean people on his statements he said that we are not the only association. When we were negotiating and he was the one leading the negotiation between us and BSI, he was the one that was brining out some of these things for us to negotiate and reach a point that is beneficial to us and that is why he signed these documents. This is something I want to put very clear, because of the outcome of the town council election he comes and beats his chest that he gets an overwhelming support and he gave the sense like it is the farmers that gave the overwhelming support. Let me remind him that in town is a very small percentage of cane farmers that voted for the town council election and let us put it very clear, the town council results came by the works the council is doing, not by him.”
The Belize Sugar Cane Farmers Association also addressed Prime Minister John Briceño’s response to the High Court’s decision on the Sugar Export/Import Regulations. As we reported, A.S.R./B.S.I. challenged the regulations in court, and it was ruled unconstitutional. When the press asked the PM about the decision, he said that it was expected. His comments did not sit well with the association, because the legislation was one of the measures that the government sought to implement to remedy B.S.C.F.A.’s concerns over Fairtrade premium payments. Javier Keme, the Chairman of B.S.C.F.A.’s Finance Committee, says the Government of Belize has the authority to appeal the ruling.
Javier Keme
Javier Keme, Chairman, B.S.C.F.A. Finance Committee
“When he was questioned about the outcome of the regulations his choice of words was in a very insulting tone to the farmers that he was expecting that outcome and that is wrong from a leader to ascertain that. Why, because that means you are promoted as the leader of the government and you gave your authorization to go through something, a procedure that you already have perceived is to fail. That is wrong from a leader to make such a statement. Now coming to the ruling, the judge has all the authority to make certain comments of the ruling. He has all the authority to do such. But that doesn’t mean as a leader I will say I can’t do anything; the government can’t do anything. That is another wrong statement he has done. Why, government have two options in any ruling? In this case, five went against, four went in favor of the regulation. One option is to appeal. The statement he made to that question is that it is going to cost Belizeans thousands of dollars, taxpayers money. That is his response. When in other areas he has used taxpayers’ money recklessness. The second option is to accept the ruling of this judge, but as a legislator, change it and amend it and bring back the section that will not affect the constitutional right of such an entity.”
Reporters also asked the Belize Sugar Cane Farmers Association for their thoughts on the verbal agreement entered between the Prime Minister and stevedores who are members of the Christian Workers Union. Last night, we told you that the Prime Minister made a verbal commitment to compensate the stevedores a total of one point six million dollars in sugar redundancy payment. He noted that lawyers from both sides would meet and that an agreement may be signed by the end of today. Well, we are yet to receive an update on that signing as of news time. And, the B.S.C.F.A. says that while they hope for the best in this matter, they can no longer believe anything the prime minister has to say.
Javier Keme, Chairman, B.S.C.F.A. Finance Committee
“When you lose the trust of a person, what happens. They are just being taken as a liar. When we saw what transpired with our colleagues from the unions, the outcome of it we were just thinking that on that regard the experience that BSCFA has gone through, we don’t trust words. We don’t trust verbal agreements. That is why we have, if what we have in black and white is making trouble for it to be realized, imagine what will happen between a lawyer and a lawyer, because that is what I understand from the news where it is. So I hope for the best for our colleagues, but it was just a verbal commitment, that is what I heard from the news. We at least got this written and it is still difficult for it to be fulfilled.”
And finally, from today’s press conference in Orange Walk Town, the B.S.C.F.A. is now demanding that an independent entity be established to market Belize’s sugar. They further demanded that legislation be included that speaks to compensation for sugarcane farmers for their produce and that amendments be made to clarify that the sugar industry is not for B.S.I.
Javier Keme
Javier Keme, Chairman, B.S.C.F.A. Finance Committee
“We need an independent entity to market the sugar from Belize. Now, this call, and I will mention it categorically and choose my words carefully, the sugar industry Act needs to be amended in a way to clarify that this sugar industry is not for BSI. It is not for ASR. It has two owners, two stakeholders and that has to be put into law in the Sugar Industry Act. We are fifty percent owners of the industry because we have the production as producers. They are millers and that is wrong when you say that BSI is a private industry. That is wrong. They might be a private company, but we are two stakeholders in one industry and that needs to be reflected in the changes that the Sugar Industry Act needs. We need that the aspects of the payment of the cane to producers be put in law. You say it is going to be difficult, maybe the commission of inquiry will show enough evidence, enough information for you to do that. But if still your government is reluctant to act in that regard, there is an alternative for it. And it has also been ventilated in the past that there needs to be a mechanism to resolve disputes like the negotiations for a new commercial agreement.”
In the north, the Belize Sugar Cane Farmers Association has also issued a release in respect of the proposed commission of inquiry into the operations at the Belize Sugar Industries Limited. While government has been advised not to proceed with the probe, the B.S.C.F.A. has expressed its strong opposition to that recommendation and has gone on to criticize the Briceño administration. The Prime Minister told reporters earlier today that he would waste his time responding to the B.S.C.F.A.’s criticism.
Prime Minister John Briceño
Prime Minister John Briceño
“I will not waste my time in answering the BSCFA. I think and I will do what I believe is in the interest of the industry and in the interest of Belize. We have three other associations that are working with the sugar mill. They‘re not the only ones so let‘s start off with that. I have said to them that there has to be proper consultations. There were not proper consultations. The way the commission of inquiry, the terms of reference, the way it was set out, it was a terms of reference for the BSCFA. So I am meeting with the minister on Monday and on Monday we are going to finalize the terms and then we‘re going to proceed. But if we were to proceed the way they want us to proceed, we‘ll be wasting our time because we are going to be taken to court and the court is going tp rule against us. We are not going to appeal just because they asked us to appeal. We are going to appeal if there is a case and it seems as though there is not a case to appeal.”
In a press release, the Belize Sugar Cane Farmers Association (BSCFA) is telling Prime Minister John Briceño to “stay pan track.” The BSCFA says that it is appalled by statements made recently by PM Briceño in the media regarding a court judgement.
On February 29, 2024, High Court Judge Rajiv Gooretilleke delivered a judgement on a claim filed by BSCFA and Corozal Sugar Cane Producers Associations (CSCPA) against the Attorney General of Belize, the Minister of Agriculture, the Sugar Industry Control Board, and the Controller of Supplies. Within their claim, BSI/CSCPA sought court orders to declare nine regulations unconstitutional, with the judge ultimately deeming five of these regulations null and void.
Representing BSI, Godfrey Smith, Senior Counsel, questioned the purpose behind these regulations, suggesting they unfairly targeted BSI. However, BSCFA says that the reality of the situation lies in decades of strained relations between BSI and cane farmers. BSCFA says that Smith’s assertions are misleading.
BSCFA Oscar Alonzo holding a “PM do not abandon the cane farmers” sign during a protest in December 2023.
BSFCA says, “Equally appalling are the statements of the Prime Minister regarding the Commission of Inquiry (COI)…The Prime Minister states that he heads the COI, that he is the one who has responsibility for the COI, and that it is his responsibility to ensure that there are proper consultations by everyone. Yet he unfairly blames Hon. Jose Mai, Minister of Agriculture, for not properly consulting all stakeholders on the COI. The Prime Minister conveniently disregards the fact that the record shows that both BSI and all associations were invited to be a part of the consultation process, but only two associations…”
The release ends by stating, “The BSCFA calls on the Prime Minister to “STAY PAN TRACK” and to appeal the judgement on the regulations and to establish the Commission of Inquiry forthwith, or shall the BSCFA have to remind him where is “THE TRACK”.
Earlier this week, the High Court handed down a judgment in the case of Belize Sugar Industries Limited and the Corozal Sugar Cane Producers Association against the Attorney General, the Sugar Industry Control Board, the Minister of Agriculture and the Controller of Supplies. This was in direct relation to a claim that the two entities had successfully presented after having filed for an injunction. That injunction was to have the amended Sugar Industry Import/Export Regulation, or a Statutory Instrument that was introduced in May of 2023 halted. Senior Counsel Godfrey Smith, on behalf of the claimant, held a press conference today to share the implications of the regulation had it been passed. Essentially, the court found that the regulation was unconstitutional, that it breached the claimants’ right to work, to privacy, to protection of law. News Five’s Marion Ali filed this report.
Godfrey Smith
Godfrey Smith, S.C., Attorney for A.S.R/B.S.I./C.S.C.P.A.
“The court struck down, in fact, it characterized portions of the regulations as obnoxious, saying that it did interfere with BSI’s right to information and privacy, that the regulations would interfere with BSI’s right to work, and it would interfere with its right to protection of the law, because it amounted to an overreach. The effect of the finding is that the government has used its legislative power in an invasive way, in a way that breach people’s, that the BSI’s right to its confidentiality and privacy of its commercial information.”
Marion Ali, Reporting
The Constitution of Belize allows the government to formulate regulations that interfere with a company’s rights, but it must be for the greater good of the people. And, even though the sugar industry is one of Belize’s income earners, the court found that the regulation was the equivalent of an abuse of power. Senior Counsel, Godfrey Smith explained the crux of the matter with one of the sections he argued against.
Godfrey Smith
“The Sugar Industry Act and the Supplies Control Act already regulated export of sugar in Belize. All of a sudden, in 2023, the Sugar Industry Control Board and the Minister of Agriculture promulgated, brought into law, a new set of regulations that had at its core two fundamental things. 01:5The first is a requirement that if BSI wished to get a license to export sugar or to manufacture sugar, it had to disclose all contracts – all – to the S.I.C.B, Mr. Osorio and his group with all of its clients internationally. It also had to do that each time it applies for a shipping permit. There’s a requirement that each time you want to export sugar for each batch you have to apply for a shipping permit and if you haven’t made those disclosures you will not get a permit or you will not get your license or your export license can be revoked.”
Smith explained that the regulation also sought to impose on BSI a requirement to collect from Tate and Lyle in London any Fair Trade premium for sugar due and paid to associations. This is a matter that the claimants argued had nothing to do with them. The basis on which the claimants put forth their case was that the regulation was crafted so as to delve into B.S.I’s private commercial affairs and to force B.S.I to do the impossible – to pay Fair Trade premiums, which are not paid by them, but by the London-based company Tate and Lyle. Smith shared his candid view that the government abused its authority when it formulated the regulation.
Godfrey Smith
“That piece of regulation was a clear, naked attempt by S.I.C.B – Sugar Industry Control Board and the Ministry of Agriculture to strong-arm BSI and force them to do what the law doesn’t allow. So, because the disputes have been ongoing and the government obviously must favor the cane farmers because they represent thousands of voters in the industry, it will never be a case where any government, red or blue, will ever side with a commercial entity, a multinational B.S.I./A.S.R, because they know where the votes are. And for that reason, they were prepared to use their sovereign legislative power in a heavy-handed, hand-fisted way to compel something like that. They were not entitled to compel. It was an abuse of authority. Nobody says you can’t regulate to assist here and there if you believe there is unfairness. But that is why there is a Constitution, which is the yardstick against which you gauge whether a particular piece of regulation or law has gone overboard. So you can’t use force.”
Smith pointed to the fact that a cane farmers association would join A.S.R./B.S.I on the claim is in itself an indication that the association did not trust the intention with which the regulation was drafted.
Godfrey Smith
“One of the cane farmers associations themselves – the Corozal Sugarcane Producers Association – I miss that, I overlooked that point. It’s an important point because they felt the actions of the government with this heavy-handed piece of legislation could mash up the industry and they would be at a loss if whatever draconian penalty is imposed on BSI for failure to comply with these excessive regulations – could mash up the industry – could hurt BSI, but if BSI is hurt, down would go the other associations. So that’s why they joined in that claim.”
The regulation can still be passed, but without the sections that the court found to be unduly unreasonable, which would make the regulation ineffective in what it seeks to do. The defendants have twenty-one days within which to file an appeal of the ruling. Marion Ali for News Five.
In March 2023, the Government of Belize announced its decision to launch a Commission of Inquiry with the explanation that it was to modernize the sugar industry. The decision came after the Belize Sugar Cane Farmers Association and A.S.R/B.S.I made presentations to the government. While the B.S.C.F.A has welcomed the idea of the inquiry, the other party hasn’t. Today, the attorney for A.S.R/B.S.I., Senior Counsel Godfrey Smith, told reporters that he views the Commission of Inquiry as having the same over-reaching purpose and intent as the amended Sugar Industry Import/Export Regulation.
Godfrey Smith, S.C., Attorney for B.S.I
“I view this intended Commission of Inquiry in almost the same vein as the just struck down regulation. The regulations claim to be innocuous, simple regulations for regulating industry. In reality, it was a disguise to cover an attempt for digging to be a size business, we say. Similarly, it has my beliefs, and I stand to be corrected when I see the final truth. of reference that the purpose of that commission of inquiry will be for the same thing to dig into BSI’s guts, get it to produce all its sensitive commercial information for one purpose and one purpose only, which is to aid the BSEFA in its commercial dispute with BSI. And that would be a wholly inappropriate, wrongheaded and improper use of the power to issue of a commission of inquiry. BSI is a private commercial entity and the cane farmers associations, each of them – this isn’t a public association. These are – it’s owned by the cane farmers. They work their plot of land, the money they get goes into their pockets. It doesn’t go into any consolidated revenue fund or any public fund that would require the government to say, look, this is a deeply-public problem, and therefore, a commission of inquiry is necessary. So it’s going to be, in my view, an attempt to get at what it can’t otherwise get at. And if that is the case, then certainly I would be advising BSI that it must challenge the issuance of that commission of inquiry immediately as it is issued.”{
