By: Omar Silva, NP Staff Writer

Belize City, Friday 28th April 2023

Belize has taken another step towards combatting corruption with the approval of the Civil Asset Recovery and Unexplained Wealth Order Bill 2023. The bill will allow the High Court to freeze assets that were acquired through unlawful means and place the onus on individuals whose wealth exceeds their income to account for their acquisition. This will enable the tracing of assets acquired through unlawful means, such as corruption or money laundering.

Belize ratified the United Nations Convention against Corruption (UNCAC) in December 2016, which aims to prevent, detect, and sanction corruption in public and private sectors. Although the UNCAC does not include specific provisions on civil asset recovery or unexplained wealth orders, it provides a framework for countries to cooperate in combating corruption and recovering the proceeds of corruption.

Under the UNCAC, countries are required to have effective and comprehensive legal frameworks for preventing, detecting, and punishing corruption, including measures to recover the proceeds of corruption. Countries that have ratified the UNCAC are expected to adopt measures to enable the tracing, freezing, and confiscation of assets acquired through corrupt practices and to facilitate the return of these assets to the country of origin. This may include the adoption of civil asset recovery and unexplained wealth order laws and procedures.

Civil asset recovery laws allow authorities to seize assets that are believed to be the proceeds of criminal activity, even if the individual has not been convicted of a crime. Unexplained wealth orders allow authorities to investigate individuals who appear to have significant wealth or assets that cannot be explained by their known sources of income. The procedures for applying for and executing civil asset recovery and unexplained wealth orders vary by country, but typically involve a court application by relevant authorities, such as law enforcement agencies or prosecutors.

Although civil asset recovery and unexplained wealth orders can be controversial, they can be effective in combating corruption and recovering assets obtained through unlawful means. However, it is important for authorities to ensure that the procedures are fair and transparent, and that individuals are given the opportunity to challenge any orders made against them.

The Civil Asset Recovery and Unexplained Wealth Order Bill could work in tandem with the UNCAC by providing a legal framework for the recovery of assets obtained through corruption, which is one of the key objectives of the UNCAC. The bill could be used to investigate and recover assets that are suspected to be the proceeds of corruption, which is a key priority under the UNCAC. The bill could also trace and recover assets that have been laundered or hidden through complex legal and financial structures.

In summary, the Civil Asset Recovery and Unexplained Wealth Order Bill is a positive step towards combatting corruption and promoting accountability among those in positions of power. However, it is important that the government ensures that the legal process is fair and transparent, and that the rights of individuals are protected. By adopting the Civil Asset Recovery and Unexplained Wealth Order Bill, Belize could strengthen its legal framework for the recovery of assets obtained through corruption, which is a key objective of the UNCAC. The bill could also facilitate international cooperation in asset recovery, which is another key area of focus under the UNCAC.