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Authorisation of fact-finding mission

Cap. 21:01, s. 10 · Revised Edition 2020

(1) (a) If it is the proposed that any of the functions of a fact- finding mission should be carried out in Belize, the Minister of Foreign Affairs in consultation with the Minister and the Cabinet may issue an authorization under this section in respect of that mission. (b) Before issuing the authorization, the Minister of Foreign Affairs, on the advice of the Solicitor General, shall direct the Commander, Belize Defence Force to obtain from the Magistrate a warrant to search private property within the area that the fact-finding mission is likely to inspect or search. (2) An authorization under this section shall– (a) contain a description of the area of Belize (the “specified area”) in which the fact-finding mission is to carry out its functions; and (b) state the names of the members of the mission. (3) Such an authorization shall have the effect of authorizing the members of the fact-finding mission– (a) to exercise within the specified area such rights of access, entry and unobstructed inspection as are required for the purpose of the carrying out of the mission’s functions under the Ottawa Convention; and (b) to do such other things within that area in connection with the carrying out of the functions as they are entitled to do by virtue of that Convention. (4) Such an authorization shall, in addition, have the effect of authorizing any police officer to give such assistance as any member of the fact-finding mission may request for the purpose of facilitating the carrying out of the functions of the mission in accordance with the Ottawa Convention. (5) Any police officer giving assistance in accordance with sub-section (4), may use such reasonable force as he considers necessary for the purpose mentioned in that subsection. (6) The occupier of13 (a) any premises in relation to which it is proposed to exercise a right of entry in reliance on an authorization under this section; or (b) any premises on which an inspection is being carried out in reliance on such an authorization, or a person acting on behalf of the occupier of any such premises, shall be entitled to require a copy of the authorization to be shown to him by a member of the fact- finding mission. (7) The validity of any authorization purporting to be issued under this section in respect of any fact-finding mission shall not be called in question in any court of law at any time before the conclusion of the carrying out of the mission’s functions in Belize. (8) Accordingly, where an authorization purports to be issued under this section in respect of any fact-finding mission, no proceedings (of whatever nature) shall be brought at any time before the conclusion of the carrying out of the mission’s function in Belize if those proceedings would, if successful, have the effect of preventing, delaying or otherwise affecting the carrying out of the mission’s functions. (9) If in any proceedings any question arises whether a person at any time was, or was not, a member of any fact-finding mission, a certificate issued by or under the authority of the Minister of foreign Affairs stating any fact relating to that question shall be conclusive evidence of that fact. (10) If any authorization is issued under this section, the Minister of Foreign Affairs may issue an amendment varying the specified area, and– (a) from the time when the amendment is expressed to take effect, this section shall apply as if the specified area were the area as varied; (b) sub-sections (7) and (8), shall apply to the amendment as they apply to the authorization; (c) the Minister of Foreign Affairs may issue further amendments varying the specified area and in such a case paragraphs (a) and (b) shall apply.
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