Attorney-at-law and gay rights advocate Maurice Tomlinson has applied
to the Caribbean Court of Justice, for special leave to take legal
action against Belize and Trinidad and Tobago.
Tomlinson has already sued TV stations TVJ, CVM and PBCJ in Jamaica
for refusing to air an ad promoting tolerance towards homosexuals. You
can read about those court proceedings in my posts here, here, here and here.
His application to the CCJ is in relation to his wish to challenge
the immigration laws of Belize and Trinidad and Tobago which prohibit
entry to homosexuals.
Individuals or private companies (as opposed to States) can appear
before the court if granted special leave, by virtue of Article 222 of
the Revised Treaty of Chaguaramas where:
“(a) the Court has determined in any particular case that this Treaty
intended that a right or benefit conferred by or under this Treaty on a
Contracting Party shall enure to the benefit of such persons directly;
and
(b) the persons concerned have established that such persons have
been prejudiced in respect of the enjoyment of the right or benefit
mentioned in paragraph (a) of this Article; and
(c) the Contracting Party entitled to espouse the claim in proceedings before the Court has:
(i) omitted or declined to espouse the claim, or
(ii) expressly agreed that the persons concerned may espouse the claim instead of the Contracting Party so entitled; and
(d) the Court has found that the interest of justice requires that the persons be allowed to espouse the claim.”
Court documents filed by Tomlinson reference the revised Treaty of
Chaguaramas, which provides that “member states should commit themselves
to the goal of free movement of their nationals within the Community.”
They also reference CARICOM’s Charter of Civil Society which speaks about fundamental rights and freedoms
including the right to free movement within CARICOM, and which requires states to respect and protect human dignity.
Tomlinson is asserting that his right to freedom of movement has been
violated, and that it is an affront to his dignity to limit his
movement through CARICOM because of his sexual orientation.
He says the Government of Jamaica has declined to agree to allow him
to espouse the claim, stating that “there is no adequate basis” on which
to do so.
In his affidavit attached to the application, Tomlinson states that:
“I am aware that…the act provides that the Minister may
exempt any person. I am not prepared to apply for an exemption. If I
applied for and was granted an exemption, I would be acquiescing in this
unjust and discriminatory law. It would be offensive to me to be
subject to questioning by State officials about the details of my sexual
orientation and private life simply for purposes of determining whether
I should be permitted to enter the country. I do not wish to visit
Belize until all persons cast as “prohibited” by reason of their sexual
orientation are free to visit the country.”