Former Ombudsman files constitutional claim against Attorney General

BELMOPAN, Wed. Sept. 23, 2026

   Former Ombudsman, Major (Ret’d) Herman Gilbert Swaso has filed a constitutional claim against the Attorney General, arguing that the Government’s continued failure to appoint a new Ombudsman has stalled an investigation involving nine Haitian minor girls who were allegedly trafficked to Belize.

   In a press release today, Swaso noted that the investigation had been underway during his tenure as Ombudsman after the matter was referred to his office by international protection agencies, including UNICEF Belize and the United Nations High Commissioner for Refugees (UNHCR). The concerns which prompted the referral were primarily centered on how the girls arrived in Belize, their immigration status, custody arrangements, and whether the authorities had adequately safeguarded their welfare.

   The investigation also included allegations that senior government officials may have been involved. Swaso says the case had already been brought to the Government’s attention in 2023, but no resolution emerged, prompting the complainant to seek answers through the Ombudsman’s Office.

   “The fact that this matter was brought to the office of the Ombudsman by the complainant is indicating how serious it is, and how they wanted to get some answers. But also equally important is the fact that the complainant had placed this very case in the hands of the Government of Belize from 2023, and there was nothing that came out of this case,” Swaso highlighted.

   Swaso said that when his tenure ended and the Ombudsman’s Office remained vacant, the investigation was effectively left without a clear path forward. On July 20 of this year, he filed a Freedom of Information request seeking information on whether the investigation had been reassigned, suspended or abandoned. According to his press release, the Ministry of Foreign Affairs refused access to the requested information in a letter dated July 31.

   Swaso is now asking the High Court to declare that the Government’s failure to appoint an Ombudsman violates his constitutional rights and undermines transparency, accountability and access to justice. He also raised concerns about the implications for the girls involved, stressing that the matter extends beyond the rights of the former Ombudsman. “So, a stalled investigation for two years; and now, after the Ombudsman demitted office, the case remains where it was in the first instance. So, in my humble view, I have been denied a legal right; but more importantly, what becomes of those vulnerable [children] who are alleged to be victims of this same complaint?” Swaso stated in the release.

   Swaso further argued that the case could have implications beyond Belize, given the involvement of international protection agencies and the nature of the allegations. “I believe the fact that it has national implications, equally I believe it may also have some serious international implications and ramifications,” he said.

   The constitutional claim comes as the Government faces a separate legal challenge over the prolonged vacancy in the Office of the Ombudsman. Activist Jeremy Enriquez filed a constitutional claim earlier this year, arguing that the failure to fill the position has deprived Belizeans of an important mechanism for accountability and redress.

   The Government has indicated that steps are being taken to fill the post. During his State of the Nation Address on September 15, Prime Minister John Briceño said the position had been advertised, and that the relevant parliamentary committee was expected to submit its recommendations shortly.