Disclaimer: This article is provided for informational purposes only. The Belize Chamber of Commerce & Industry does not take a position on the dispute discussed, nor on any ongoing legal proceedings.

Dissatisfied with the Ombudsman’s decision, the Ministry of the Attorney General (AG) filed an appeal in the High Court against the Ombudsman. This legal action centers entirely around the application and interpretation of Belize’s Freedom of Information Act (FOIA). The ongoing dispute has had the Belizean people questioning, “Why is the Government suing themselves.” In reality, the court appeal is procedural, as under Section 43 of the FOIA, it allows for either a dissatisfied applicant or Ministry to appeal the Ombudsman’s decision.

Background & Context:

Social activist Jeremy Enriquez invoked the FOIA to obtain a detailed breakdown of government legal fees related to redistricting cases. In an August 18, 2025 letter, he asked AG Anthony Sylvestre to itemize payments to all attorneys or firms representing the State since January 1, 2025.¹

The Ministry of the AG denied Enriquez’s FOIA request, stating that the requested information is likely to place the Government in a compromised legal position. The Ministry argued that disclosure could potentially harm the Government’s interests, compromise its defense strategy, and expose attorneys to undue public scrutiny.²

Following the AG’s response, Enriquez appealed to the Ombudsman.

After reviewing the appeal, the Ombudsman wrote to both Enriquez and the AG, recommending that the Ministry reconsider its decision and provide partial disclosure. He advised that any information that could harm the Government’s legal position be removed, while releasing the names of attorneys or law firms and the total amounts paid for the relevant cases.³

The Ministry subsequently appealed the Ombudsman’s recommendation and filed a case in the High Court, challenging the partial disclosure decision on the grounds of legal error.⁴

Timeline of Events:

August 18, 2025: Jeremy Enriquez Files FOIA Request

September 2, 2025: AG’s Ministry Rejects Enriquez’s Request

September 11, 2025: Enriquez Appeals to Ombudsman for Reconsideration

October 10, 2025: Ombudsman’s Office Sends Letter to AG Asking him to Reconsider His Position and Provide Partial Disclosure

October 15, 2025: Ombudsman’s Office Sends Letter to Enriquez to Provide the Ombudsman’s Stance along with an Update on the Situation

October 28, 2025: AG’s Ministry files an Appeal in the High Court Against the Ombudsman’s Request for a Partial Disclosure

Legal & Policy Framework:

The FOIA is legislation that gives the public a legally enforceable right to access government records to promote transparency and accountability. Enriquez invoked the Act in a request to the AG, in which he “relied on Section 34 of the FOIA, which obliges public authorities to consider whether public benefits outweigh harms in cases of exemption.”⁵ Enriquez preemptively argued that disclosure would promote transparency in the use of taxpayer money, prevent misuse or excessive legal spending, enhance public trust in government accountability, and show whether legal fees are fair and proportionate.⁶

The FOIA empowers individuals; however, it also includes measures to protect sensitive information; specifically, Part IV of the FOIA sets out categories of documents that may be exempt from disclosure. The Ministry of the AG rejected Enriquez’s request, citing Section 28(1) of Part IV which exempts documents if their disclosure is reasonably likely to have adverse effects on the interests of the Government of Belize in pending or likely legal proceedings.⁷

Under Section 35, an applicant has the right to appeal a rejection to the Ombudsman, who has full authority to review the Ministry’s decision. The Ombudsman’s decision carries the same legal effect as that of the Ministry.⁸ After having his request rejected by the Ministry, Enriquez appealed the rejection with the Ombudsman.

Upon reviewing the appeal, the Ombudsman declared that the requested document does not fall under Part IV exemptions of the FOIA, as it is a contract between the Government of Belize and private attorneys; such contracts are not considered exempt, particularly when they involve public funds and accountability. The Ombudsman exercised Section 35 by recommending that the Ministry reconsider its decision and provide a partial disclosure. Additionally, the Ombudsman mentioned Section 40 of the FOIA, which authorizes him to privately review requested documents when an exemption is claimed, to determine whether any content is genuinely confidential. If so, that material can be certified as confidential and redacted before the rest of the document is released.⁹

The Ministry of the AG decided to appeal the Ombudsman’s decision in the High Court.¹⁰ According to Section 43, if either the applicant or the Ministry is dissatisfied with the decision of the Ombudsman, either can appeal the decision in the High Court.

Possible Outcomes of Court Appeal:

1. If the court rules for the ministry, it could affirm a broader interpretation of the legal proceedings exemption, potentially limiting the scope of future disclosures.
2. If the court rules in favor of the Ombudsman, it could clarify the Ombudsman’s authority to order partial disclosure and set precedent for future cases.

---

1. The Reporter, “Enriquez Invokes FOIA to Force Disclosure of State Legal Fees,” The Reporter, August 21, 2025, https://www.thereporter.bz/post/enriquez-invokes-foia-to-force-disclosure-of-state-legal-fees.

2. The Reporter, “AG Ministry Refuses Disclosure of Legal Fee Information Citing FOIA Exemption,” The Reporter, September 11, 2025, https://www.thereporter.bz/post/ag-ministry-refuses-disclosure-of-legal-fee-information-citing-foia-exemption.

3. Office of the Ombudsman, letter to Jeremy Enriquez, October 15, 2025, Belmopan, Belize, shown in video posted by 7 News Belize,  https://www.facebook.com/reel/1354834422893282.

4. The Reporter, “Attorney General Appeals Ombudsman’s FOIA Decision,” The Reporter, October 30, 2025, https://www.thereporter.bz/post/attorney-general-appeals-ombudsman-s-foia-decision.

5. The Reporter, “Enriquez Appeals to Ombudsman Over Refusal of FOIA Request,” The Reporter, September 11, 2025, https://www.thereporter.bz/post/enriquez-appeals-to-ombudsman-over-refusal-of-foia-request.

6. Ibid.

7. The Reporter, “AG Ministry Refuses Disclosure of Legal Fee Information Citing FOIA Exemption,” The Reporter, September 11, 2025, https://www.thereporter.bz/post/ag-ministry-refuses-disclosure-of-legal-fee-information-citing-foia-exemption.

8. Freedom of Information Act, Ch. 13, Section 35, Revised Edition 2020 (Belize).

9. Office of the Ombudsman, letter to Jeremy Enriquez, October 15, 2025, Belmopan, Belize, shown in video posted by 7 News Belize,  https://www.facebook.com/reel/1354834422893282.

10. The Reporter, “Attorney General Appeals Ombudsman’s FOIA Decision,” The Reporter, October 30, 2025, https://www.thereporter.bz/post/attorney-general-appeals-ombudsman-s-foia-decision.