United Belize Advocacy Movement, UNIBAM Makes A Comeback In Court

UNIBAM Makes A Comeback In Court

In April of this year, the Caleb Orozco (photo) and the United Belize Advocacy Movement suffered a setback in their challenge of section fifty three of Belize’s criminal code when the judge in the case Michelle Arana struck off UNIBAM as a claimant in the case. Section fifty three makes it a criminal offence for same sex intercourse, calling it carnal intercourse against the order of nature and Orozco and UNIBAM were contending that the law contravenes their constitutional rights to human dignity and fundamental rights and freedoms.

The move to have UNIBAM struck off was one of the primary applications made by the church as an interested party in the proceedings. But UNIBAM and its president Caleb Orozco are persistent if nothing else, and so when the case came back to court today for a continuation of the preliminaries, UNIBAM scored a comeback.

According to Orozco who is the first claimant in the case, UNIBAM is now on equal standing as the churches, having been accepted as an interested party in the case. In an interview this afternoon, Orozco told Love News that a date for the full hearing of the challenge to section fifty three of the Criminal Code has been set.

Orozco and UNIBAM are being represented in court by a team of attorneys headed by Senior Counsel Lisa Shoman, and includes Westman James, Simeon Sampson and Chris Hamel Smith. The legal team for the churches is headed by Senior Counsel Michel Chebat.

It was earlier this year that his attack case was taken up by the International Commission of Jurists via a letter to the Special Procedures division of the UN which read in part:

Special Procedures Division

c/o OHCHR-UNOG

8-14 Avenue de la Paix

1211 Geneva 10

Switzerland

To the attention of the Special Rapporteur on the situation of human rights defenders

Distinguished Expert:

The International Commission of Jurists is writing to call your attention to a physical attack on Caleb Orozco that recently occurred in Belize City following his return from an international LGBT human rights conference.

Caleb Orozco is the president of the United Belize Advocacy 

Movement (UNIBAM), an organization that represents the interests of LGBT individuals in Belize.   On the afternoon of 8 February 2012, as Caleb Orozco was walking down George Street, he was threatened by unidentified men shouting anti-gay slurs.  One of the men then threw a beer bottle in his face.  Mr. Orozco suffered some bruises to his face 

and damage to his teeth.  Although he filed a police report, police have not identified any perpetrators and there are concerns that they may not be conducting a serious investigation into the incident.

Caleb Orozco is well known as a gay rights activist in Belize.  He and UNIBAM are challenging a provision of the Criminal Code that criminalizes same-sex sexual activity.  As a result of this lawsuit, as well as other advocacy activities of UNIBAM, Caleb Orozco has frequently appeared on television and radio and been featured in the newspaper.  

Extremely negative portrayals of Caleb Orozco and 

UNIBAM have also appeared in the media by people and 

organizations who oppose the constitutional challenge. 

The ICJ is concerned that Caleb Orozco has been targeted as a gay man and as a human rights activist.  

The ICJ respectfully urges you to call this case to the attention of Belizean authorities and to urge them to conduct a full investigation of the incident.  Pursuant to its human rights obligations under the International Covenant on Civil and Political Rights, Belize has a duty to investigate and prosecute those individuals who commit unlawful violent acts and to exercise due diligence to ensure the safety and security of all its citizens, including those who are gay, lesbian, bisexual or transgender. Only by doing so can Belize send a clear message that antigay violence is a criminal offense. 

Yours sincerely,

Alli Jernow

Senior Legal Advisor

Sexual Orientation & Gender Identity Project

also see: UNIBAM launches dignity & love campaign (Jan 2012)

Caleb Orosco, Executive President, UNIBAM in May 2011 said of the case:

“Our case isn’t unique in terms of what we’re trying to do. We’re using a democratic tool. The tool is the Supreme Court and the use of the Constitution. We are not unique in terms of bringing constitutional challenges. There are other groups which have done that and have used the court to for finding redress so our case is not unique in that regard. 

Beyond them politicizing the sexual rights of individuals that they know nothing about really is a dirty. What it means is that gay people or gay men in particular, bisexual men in particular have stood up for basic human rights. What is means is that this case will and have generated a discussion on the basic consciousness of every individual in this country. How would you treat your own blood if they were gay?" (GAYJAMAICAWATCH)

and please see the following:

UNIBAM Challenge Buggery Law and The UNIBAM case explained

Outside the courtroom 7 News Belize caught up with Caleb and his attorney
Lisa Shoman - Attorney for UNIBAM

 

" The previous ruling was that UNIBAM as an organization had no rights, especially no rights of privacy, no rights relating to how they conduct themselves sexually. As an organization, the organization does not actually reproduce or have sexual rights, so therefore, the organization was struck off. This application was different. It is saying that the members do have those rights and want UNIBAM to represent them. Essentially, what it has come down to is that UNIBAM has been appointed not as a representative claimant, but as an interested. It is now exactly on the same footing as the churches, no different. It will have every single right that the churches have to make arguments in this case. I am sure that everyone will have realized that the active defence in this matter are really the churches, not so much the Attorney General's Chambers. They are the ones - I think - who are more passionately interested - if that's the word - and so, UNIBAM is now back in the case on exactly the same footing as the churches."

Daniel Ortiz
"Before this case arose, no one knew of UNIBAM. What sort of status does it enjoy legally?"

Lisa Shoman
"It's a registered company, a registered association. It has a membership of over 120 persons. And in the affidavits that we put before the court, all of that was set out, including the type of advocacy work that it does, which is mainly for the MSMLGBT population in Belize."

Caleb Orozco - Executive President, UNIBAM

 

"Justice isn't as swift as one would think, and so, you have to have a strong stomach to deal with some of the challenges that come with bringing a case. I am able to do this because nobody will fire me. I am able to do this because - I am able to operate in an organization because I know who the landlord is. And so, I have a great deal of responsibility come down on my shoulders to represent those who could lose not only those basic rights to education and shelter, but basic rights to security, which I personally have experienced over the last few years. So, at the end of the day, what boils down to is whether or not you're stubborn enough to put up with the slow grinding process of the judicial system, or whether you'll be afraid and cover your tail."

Lisa Shoman
"Let's remind the public of one thing, it is during the course of already filing this case that Mr. Orozco was assaulted, and had teeth broken and severe bruising to his face. He was assaulted in the street by persons simply because he was identified as a member of the LGBT population in Belize. So, there are not too many people who feel secure enough, or who feel safe enough to come forward and allow themselves to be identified individually. You could ask the same of the churches. Why haven't individuals come forward and ask to be joined individually."

The substantive matter in this case will be argued to completion on May 7 to May 10 of next year.