Saturday, April 17, 2010

Without Fear or Favour


On Wednesday the Chairman of the Election and Boundaries Commission and well known UDP fanatic Alberto August was on the Love FM morning show talking about the Village Council Elections.  It is not a common practice that the Chairman of the Election and Boundaries Commission appear on morning talk shows to speak about the conduct of elections; after all the management of elections in Belize is left to the Election and Boundaries Department under the leadership of the Chief Elections Officer, so the appearance in the media of the Chairman of the Commission and not the Chief Elections Officer is a practice that should be strongly discouraged.

The management and operations of elections in Belize is the legal responsibility of the Election and Boundaries Department under the leadership of the Chief Elections Officer.  Since the change in the legislation that removed the management of village council elections from the ministry responsible for rural development to Elections and Boundaries, no Department, office or Board has the legal responsibility for the management of elections in Belize. That is solely the responsibility of the Election and Boundaries Department.  The Chief Elections Officer is the person in charge of the process and the person who swore, on oath, to carry out these functions in the name of the people.

While the Constitution of Belize vests the authority for the "conduct of elections, referenda and all matters connected therewith,” on the Elections and Boundaries Commission, the Constitution also states at Section 88 (14), under the Administrative Provisions of the Representation of The People Act, the Elections and Boundaries Commission confers its powers and duties on the Head of the Elections and Boundaries Department, the Chief Elections Officer who is responsible for administration." In so doing, the Constitution, through the Representation of the People Act ensures that Elections are managed by a member of the Government Service fully accountable to the people.

As it relates to the composition of the Election and Boundaries Commission, the Commission is a body that comprises five members, three appointed by the Governor-General with the approval of the Prime Minister and two with the approval of the Prime Minister and the concurrence of the Leader of the Opposition.  The Chief Elections Officer is not a member of the Elections and Boundaries Commission.

The effect of all this is that the Election and Boundaries Commission serves as a kind of Board of Directors, while the Chief Elections Officer, an individual employed in the Service of the Government of Belize and therefore accountable to the Government and people, is the professional paid to manage the department.  The Chief Elections Officer is accountable, by law, for the management of Belize's electoral process.  The Chief Elections Officer at the time of appointment must swear an oath to carry out the responsibilities of the office without fear or favour and to do right by the Belizean People.  Any person who attempts to assume that responsibility is acting in a manner that is not in the best interest of the nation and is undermining our electoral process.

As bad as it was that the Chairman of the Commission would appear in the media on Wednesday to talk about the management of elections in Belize, his call to Love FM Thursday Morning further threatened the electoral process.   Alberto August called in to LOVE to say that it was the PUP supporters who were disruptive during last Sunday's incident in Orange walk.   The Chairman of the Election and Boundaries Commission called into a radio station accusing PUP supporters of drinking and stating that it was the PUP who instigated the fight.  August said all this in his capacity as Chairman of the Commission and in spite of the fact that the media showed footage of drunk and disorderly UDP supporters breaking the law and disturbing the work of the Police in Orange Walk.    He also said this even though he was not present and without any proof whatsoever.  Worse, the person who chairs the body that is supposed to be the lead arbitrator in the event of a challenge to any matter concerning these village council elections made these comments publicly.  Ironically, not even the Deputy Prime Minister and UDP representative and the person who was in the area, has made such comments, yet the Head of the Election and Boundaries Commission felt the need to make such an announcement.

Alberto August, by his actions, has greatly compromised the integrity of the Electoral Process in Belize; he has overstepped his mandate as the Chairman of the Election and Boundaries Commission and is in clear breach of his office.  The Minister responsible for Election and Boundaries should ask Mr. August to resign as Chairman and appoint a Chairman with enough integrity to respect the Constitution of Belize and who will act in a manner that will ensure the integrity of our electoral process.

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Source: The Belize Times

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