Senate Discusses National Symbols Bill, Raises Concerns Over Licensing Requirements

The standardization of the country’s national symbols was another issue discussed in today’s Senate meeting.  On Friday, we told you of the National Symbols Bill that will now see the proper dimensions, colors, scale and details of all national symbols.  While in the House Meeting it was noted that this was for a mere standardization, the legislation does call for the requirement of licenses, particularly for commercial purposed.  UDP’s Lead Senator, Michael Peyrefitte, whilst in agreement with the Bill, did call for further clarity on how vendors and producers would be affected.

Michael Peyrefitte, Opposition Senator: “I fully agree with the concept of protecting our national symbols and there’s nothing worse for example then than seeing a flag that doesn’t look correct. You know the margins are wrong, the proposed dimensions are off and all of that. I think it should be standardized. I would want to go as far as to say just take an example the flag, that the flag should be treated the way we treat money. Only the government prints it and it’s a legitimate flag from the Government of Belize and if retailers or whoever else want to resell the flag they must buy it from the Government source and then resell it so that you know for sure then that that’s a government sanctioned flag. What we have here is that if you want to import or sell or manufacture the flag you need a license from the minister. I think that makes it very subjective. I don’t think that the minister should be the person to give you a license to make a flag. I think it’s perfectly in order to say listen this is what the flag should be, there’s a law being passed to say how the flag is to look. I think thee’s even when you look at the schedule it even tells you how blue it’s to be blue and how red it’s to be red where. I mean that’s very specific. So you I don’t think need the permission of anybody. If you believe you can produce it to that specification with those color coordinations and density and all of that and the proportion then fine. If you produce it and it’s not correct you commit and offense. Because the way it reads here one could be forgiven for interpreting section 12 in this way. It says “I person shall apply to the minister for a license if that person desires to import into Belize, manufacture for sale, offer for sale or sell any articles, goods or things that represent or on which is reproduced or represented the national coat of arms of the national flag.”  So clearly if you want to deal with the flag as a business then you need to ask the minister for a license to do that. I think, I don’t know if this license will come with a fee. I think of all those people who carve the coat of arms and sell it on wood carvings or on zericote, different woods, they would need a license now obviously if you read that to sell it. But now this is the part now that seems people are not clear about. I think that what would clear it up, a better bill would be to say listen, nobody is allowed to make a Belizean flag but the Government of Belize and if you want to buy a Belizean flag and you want to wave a Belizean flag it must be one that is purchased from the government or an agent that has a direct supply with the government. And I think that would make it easier and less confusing Mr.President. Thank you. But I do support the concept fully that we need to standardize these national symbols.”

Responding to the questions and concerns from the UDP Senator was Senator Courtenay. 

Eamon Courtenay, Senator, Leader of Government Business: “If you use the flag at your home, if you use the flag at your office that you’re using it for commercial purposes and that you required a license. It’s very specific where a license is required. The mInister can’t say because I have exempted religious education institutions and official ceremonies by implication I’m now going to charge you and say you should have known, there is no provision in the law for it. The law does not say that if you want to fly your flag at your house you must get a license, if you want to fly your flag on a car you must get a license, there is no such provision in this legislation. None at all. So no one could conceive of charging you, they would ask you which section are you going to charge the person under ? It does not exist in the legislation. I repeat, clause 12.1 deals with commercialization. Personal use is not affected by clause 12.6. You need a license for commercialization and what the restriction is if you use it in a commercial way without a license or you attempt somehow to use it in violation of the conditions that exist in the license which is only required for commercialization of the national flag and the coat of arms. The point I seek to make Honorable members is is when one carefully reads 12 and 13 together you will see that scope is relatively limited, strict and confined to commercialization. 14 any person who mutilates, cuts or tears or in any way defaces the coat of arms, or national flag whether by writing, printing or stamping thereon or otherwise without lawful authority or excuse commits an offense and is liable on summary conviction to a fine of $1,000 or to the imprisonment for one year. Had I been the drafter or involved in drafting the legislation I would have made this wide. I would have made it wider but this is what Cabinet has approved and what has been passed by the house; mutilating, cutting or tearing or defacing the coat of arms or the national flag. I agree with Senator Chanona the national flag and the coat of arms have been worn by people in the most obscene ways and ought in my view to be covered by the legislation.”

The National Symbols Bill was ratified by the Senate.