Jamaican gay man takes Belize, Trinidad to court over discriminatory immig laws
From 7News Belize
The country is waiting patiently for Chief Justice Kenneth Benjamin to rule on the UNIBAM challenge to Belize’s Sodomy Laws. Well, before that decision is handed down, another of Belize’s sexually discriminatory laws is being challenged at the highest court in the land, the Caribbean Court of Justice.
Viewers may remember, Maurice Tomlinson, the Jamaican Gay Activist who turned down UNIBAM’s invitation to conduct sensitization sessions. He did that because he discovered that under Section 5 of Belize’s Immigration Act, he would be breaking the laws to enter the country to conduct this workshop.
This section states that prohibited immigrants include, quote “Any prostitute or homosexual who may have been living off or receiving proceeds of prostitution or homosexual behavior,” end quote.
Tomlinson, who is married to a Canadian man, says that this law violates his right to freedom of movement within the Caribbean Community.
Trinidad and Tobago is the only other member of CARICOM which shares immigration laws similar to this one, and as a result, he has taken a challenge to the CCJ – in Trinidad – forcing both countries to respond.
Tomlinson has been to Belize twice, and in both visits, Belizean authorities did not enforce this law against him, so his home nation, Jamaica, has decided to stay out of this issue because his rights have not actually been violated.
His matter was called up today and via teleconference and Government Representatives from both countries presented themselves for case management.
Because Jamaica has refused to intervene as a state, Tomlinson’s attorney notified the CCJ judges’ panel that they were making an application for special leave to be heard as an individual.
That’s important because this is what’s known as an original jurisdiction matter, and only states can usually be granted such access to the court.
Nontheless, there are exceptions and the court has scheduled this application hearing for November 12. If Tomlinson can provide a strong case, the court will grant him leave to bring his challenge to both countries’ immigration laws.
Deputy Solicitor General Nigel Hawke is the lead attorney representing the Government of Belize, along with other Crown Counsels from the office of the Solicitor General.
We’ll keep following this story as it develops.
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