Right to Housing in Belize

Belize does not recognize the right to housing in its Constitution. It however guarantees the protection  from deprivation of property and protection of person or property from arbitrary search or entry.

Physical planning and land planning in Belize is regulated by 25 laws, three of which stand out: (a) the Housing and Town Planning Act, Chapter 182, Revised edition of the year 2000; (b) the Land Utilization Act, Cap. 188, Revised edition of the year 2000, (c) the Belize Land Development Authority Act, Cap. 181, Revised edition year 2000 and (d) the Belize Building Act, Chapter 131, Revised edition of the year 2011.

(a) The Housing and Urban Planning Law establishes a "Central Housing and Planning Authority" consisting of eight persons nominated by the responsible Minister. Three of these persons must be representatives of the Departments of Health, Public Works and Lands and one will be the National Emergency Coordinator designated under the Disaster Preparedness and Response Act. The president of the Central Authority shall be the secretary of the Ministry responsible for housing or another person named by the Minister from among the eight members. The main instrument of planning are the schemes which contain the provisions that are necessary to prohibit or regulate the development of the land in a certain area. The Central Authority may, in the process of drawing up housing schemes, co-opt the assistance of a representative of the local authorities, the Department of Education and the Department of Agriculture if matters of interest to said authorities are involved.

(b) The Land Use Law focuses on the control of the subdivision of lands and their use. The responsible Minister can, for a better use of the land, establish regulations to prohibit the felling of trees in areas of water catchment or watersheds, prevent soil erosion, restrict construction, demarcate areas for spatial development accompanied by the determination of the type of development allowed, among other actions. All these determinations will be subject to the approval of the National Assembly.

(c) The Land Development Law establishes the "Land Development Authority in Belize" empowered to acquire, divide, grant concessions, sell, develop and improve land, including the provision of infrastructure such as roads, bridges, drainage and irrigation, alone or in association with others. The Authority will be administered by a Board composed of the Chief Executive of the Ministry of Agriculture, the Secretary of Finance, the National Disaster Coordinator and five other members appointed by the Minister of Agriculture.

(d) The Belize Building Act (2011) estalishes the building's permits and control, as well as adminisitrative responsibilities.

The high normative and institutional fragmentation of planning and management of the use, occupation and transformation of land and the lack of an integral planning and management system makes it difficult to coordinate and articulate territorial management with environmental management and socio-economic development.

International Convention on the Elimination of All Forms of Racial Discrimination

Art. 5. "In accordance with the obligations set forth in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, color, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights: (...) (e) Economic, social and cultural rights, in particular: (iii) The right to housing". (Ratification/Accession: 2001)

International Covenant on Economic, Social and Cultural Rights (ICESCR)

Art. 11. "The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties shall take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent". (Ratification/Accession: 2015)

Convention on the Rights of the Child

Art. 27. "States Parties shall, in accordance with national conditions and within their means, take appropriate measures to assist parents and others responsible for the child to implement this right and, where necessary, shall provide material assistance and support programs, particularly with regard to nutrition, clothing and housing." (Ratification/Accession: 1990)

Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)

Art. 14. “(...) 2. States Parties shall take all appropriate measures to eliminate discrimination against women in rural areas in order to ensure, on a basis of equality of men and women, their participation in and benefit from rural development, and in particular shall ensure to them the right to: (...) (g) To enjoy adequate living conditions, particularly in the areas of housing, sanitation, electricity and water supply, transport and communications" (Ratification/Accession: 1990)

International Covenant on Civil and Political Rights

Art. 17. “No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation" (Ratification/Accession: 1996)

International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families

Art. 43, 1. “Migrant workers shall enjoy equality of treatment with nationals of the State of employment in relation to: (d) Access to housing, including social housing schemes, and protection against exploitation in respect of rents" (Ratification/Accession: 2001)