April 23rd, 2013
For better of worse, section 53 of the criminal code of Belize “Every person who has carnal intercourse against the order of nature
with any person, or animal shall be liable to imprisonment for the
years.” has changed the national and regional landscape of advocacy. We can say we were the first in the Caribbean region to file case 668 of 2010. What few knows is that the process started back in 2007, as claimant on the Island of Hispanola, in the country of the Dominican Republic. It was at a meeting on human rights supported by UNDP, but organized by the Caribbean Vulnerable Communities that Tracy Robinson of URAP started the engagement of looking for a claimant. There I was surprise to learn that Belize was considered to have the most liberal constitution in the region and that Godfrey Smith was part of the constitutional assessment process that URAP did. Belize of course was not the only choice, Guyana was another option. Working with Tracy Robinson and Arif Bulkan was a pleasure by oovoo in the early days, as we sorted out paper work, documentation, edits of documents, waited for news they found resources, finding a local lawyer to support the filing of the document locally and pegging a date for filing. At the time, I thought I was smart working to advance L.G.B.T declaration and resolutions at the OAS with then partners Global Rights representative, Stefano Fabeni and Marcelo Ferreyra of International Gay and Lesbian Human Rights Commission. As an organization we did our first shadow report for the Universal Periodic Review in 2009 and continue to build a base of information and other shadow report efforts for UPR and The International Covenant for Civil and Political Rights in 2013. I was the one that pushed the question, when will we filed. Till finally, we filed in 2010.
The history of L.G.B.T activism did not start with UniBAM, inklings of action could be traced back loosely to the Political Reform Commission Report of 2000, where a recommendation was made to add sexual orientation to the constitution. The report read:
Recommendation 12: Sexual Orientation
The majority of the Commission recommends that section 3 of the Constitution be
amended to include entitlement to fundamental rights and freedoms whatever an
individual’s sexual
orientation.
Inklings of action can be found in the way UNFPA looked at HIV. One person in particular, Dr. Beers who advocated for the inclusion of men who have sex with men in an OPEC project to address the issue of health and HIV. AAA or Alliance Against AIDS early beginnings or formation was to address men who have sex with men populations that was being impacted by HIV, but unfortunately evolved into a boarder HIV services organization. The policy environment also evolved with language within the National HIV/AIDS Policy referencing not only the men who have sex with men population, but also the principle of non-discrimination and strong human rights language.
The policy can be quoted in the following way:
Constitution of Belize and International Human Rights Conventions and
agreements which have been signed and ratified by the Government shall provide
the framework for the formulation of this HIV/AIDS Policy for Belize. This
Policy is therefore founded on the following principles:
non-discrimination in access to goods, services, or employment, on the basis of
their HIV-status or the HIV status of family members.
Equity in access to Goods and Services – Each individual has a right to accurate and timely
information and services to protect himself/herself from the further
transmission of HIV/AIDS…..
Stigma Reduction – Stigma plays a major role in the
spread of HIV. Combating stigma shall be highlighted in the development and
implementation of all programs and services aimed at reducing the further
transmission of HIV….
The
policy recognizes the key is a human rights-oriented policy and legal
framework to creating an enabling environment for the reduction of stigma
and discrimination against PLWHAs…and other groups.
The Government of Belize will:
and implement …information and education programs that are strategically
targeted ….at… women …, people with disabilities,…., men who have sex with men,
…. in order reduce vulnerabilities…
The Youth Policy, for the first time can be quoted as saying the following in its section of Identity and Equity the following:
related to identity and equity, around the general theme that adolescents and
youth should be able to enact the identity of their choosing, without
persecution, sanctions, social exclusion and discrimination. This may include gender
identity, ethnic identity, religious identity, cultural identity, or any other….
We have never seen such visible language in a National Youth Policy document before. The UN Resolutions on Extrajudicial Killings for 2010 and 2012 showed that government would not resist the issue of acknowledging sexual orientation and gender identity. The voting at the UN in 2012 showed that the government was full-filling its mandate at least to address” disparties between citizens,” but in a non-binding way. This progressive stance as well is reflected in the following OAS resolutions:
2435 -2008
2504 (XXXIX-O/09)
2600 (XL-O/10)
2653 (XLI-O/11)
GOB
have not resisted any OAS resolutions that
seeks to condemn discrimination against
persons by reason of their sexual orientation and gender identity.In fact, resolution 2721 of 2012 spoke to requesting the Inter-American Commission for Human Rights to prepare a study on legislation and provisions in
force in the OAS member states restricting the human rights of individuals. Something sorely needed in Belize to profile better the issue of hate crime and discrimination.
Building on this, was a draft Legal Review commission by the National AIDS Commission authored by Joanne Griffith and Magali Marin in 2003 that called for repeal of section 53. The review was not completed till 2009 with a large consultation at the Biltmore. There, Cannon Flowers agreed on repeal, on the condition that the Sexual Offenses laws be improved along with the participants. Here is the reason why review of the Sexual Offenses Act that updates need to happen so urgently:
1) There does not appear to be an age of consent for minor males.
2)
There is no inclusion of men/boys in the rape statutes, regardless of
whether it might be a female perpetrator or male perpetrator.
(Definition of rape seems to be confined to the definition of
penetration of a penis into a vagina. No other orifice. Non-consensual
(or consensual) oral sex does not appear to be addressed at all —
unless of course it can be construed to be included in that “unnatural”
clause.)
3) There is no inclusion of men/boys as victims of incest.
4)
There is no inclusion of men/boys as disabled victims of sexual
assault. Specifically men can be convicted of rape if they “carnally
know” a female idiot or imbecile, but not vice-versa.
5) There is no
inclusion of men/boys in the statutes on prostitution. Specifically
procurement of a female prostitute or attempting to force a female to
become a prostitute is forbidden.
6) There is no inclusion of men/boys in the statues of defilement by use of drugs or alcohol.
7) Abduction of a female under 18, by force or otherwise is a crime, but it does not address abduction of males.
There is no inclusion of men to divorce because of guilt of rape,
sodomy or bestiality, though women can divorce on these grounds.
9)
Non-consensual anal sex is only addressed in the divorce laws. (actually
the only reference I found to sodomy is that it can be used as grounds
for divorce and it doesn’t specify if it is consensual or
non-consensual.)
As we are accused of having a Foreign Agenda, this quote best summarises the present idea of many on the Belizean left. The person can be quoted as saying,”Let me see if I understand this: an American, a loony toon religiturd
from “We Ain’t Coming Out” (Waco), Texas, is standing up against a
“foreign agenda being forced on Belize” Does anyone else see the irony
in his comments? Or worse, his hypocrisy. I would add to this comment, ” What is more foreign than the Evangelical Association? I could argue..” and what about their “Foreign Fundamentalists Agenda?”
Time will tell, if the process is transformative or destructive to UniBAM. Time will tell, if the current debate on section 53 of the criminal code with come to pass and be transformative in the Belizean legislative process. What we do know is that Belize will never be the same, nor the region and the other 11 countries seeking to amend their laws in the Caribbean.