Caribbean LGBTI Citizens Demand Action from Commonwealth Leaders

Saint Lucia is among fifty-three (53) member nations included in a report calling on Commonwealth leaders take action to stop widespread human rights abuses against lesbian, gay, bisexual, transgender and intersex (LGBTI) people. “SPEAKING OUT: The rights of LGBTI citizens from across the Commonwealth” is published by the Kaleidoscope Trust in advance of the Commonwealth Heads of Government Meeting in Sri Lanka this November 2013. It features United and Strong, Saint Lucia’s sole LGBTI representative organization, with a testimony from U&S secretary Jessica St. Rose.

Kaleidoscope Trust notes that this report is compiled by the biggest ever coalition of LGBTI organisations from across the Commonwealth. Speaking Out documents human rights abuses against LGBTI people and demands that Commonwealth leaders take action.

Sir Shridath Ramphal, former Commonwealth Secretary-General, penned the foreword of the publication. He quotes Archbishop Desmond Tutu who said, ‘All over the world, lesbian, gay, bisexual and transgender people are persecuted…We make them doubt that they too are children of God – and this must be nearly the ultimate blasphemy.’

Dr. Ramphal reminds that, “For most of the countries of the Commonwealth, the desecration of our fellow citizens began in the law. The unreformed law of England was transported through criminal codes by imperial masters to far-flung outposts of empire….today 41 of 53 Commonwealth countries have virtually the same legislation enacted almost as a matter of course by colonial administrators – not by the societies they governed. That law is still on our statute books – a relic of empire that has no place in a modern Commonwealth. As with the abolition of slavery, the decriminalisation of homosexuality in our time must be an act of law.”

In the introduction Dr Purna Sen former head of human rights at the Commonwealth Secretariat and Chair of the Kaleidoscope Trust, says to Speaking Out “is a vivid testament to why that organization (Commonwealth), which claims in its Charter to be ‘implacably opposed to all forms of discrimination’, continues to let down millions of its own people... Over half the countries in the world that criminalise homosexuality are in the Commonwealth.”

“But the voices in this report reflect demands that are not going to go away just because Presidents and Prime Ministers try to close their ears to them. The people whose testimonies are contained here refuse to be silenced. Sooner rather than later the Commonwealth is going to have to tackle the justice deficit that leaves some of its citizens without the rights to which all are entitled.”

Speaking Out calls on all Commonwealth governments in countries which continue to criminalise same-sex sexual activity to repeal this legislation in accordance with:

• The Universal Declaration on Human Rights and other international instruments.

• Article II of the Commonwealth Charter.

• Recommendations of the Eminent Persons Group adopted by the Foreign Ministers of all Commonwealth members.

As an immediate step towards meeting the obligations set out in these and other commitments to equal rights for all citizens it also calls on all Commonwealth leaders to:

Engage in meaningful dialogue with their own LGBTI communities.

Put in place an immediate moratorium on the enforcement of existing laws criminalising homosexuality.

Commit to open and free debate across the Commonwealth on the decriminalisation of homosexuality.

Support public education initiatives to inform the people of the Commonwealth about the case for LGBTI equality.

Support the right of an LGBTI Association to register with the Commonwealth alongside all civil society organisations and be free to express its views and engage in public debate.

Fully include LGBTI people in development and other programmes on an equal basis with the rest of society.

Commit to include a discussion on equal rights for LGBTI citizens as a substantive agenda item at the next CHOGM.

In Saint Lucia, consensual same-sex sexual activity is illegal under indecency statues, and some same-sex sexual activity between men is also illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years, and anal intercourse carries a maximum penalty of 10 years in prison.

– ENDS –

More on the report at: http://kaleidoscopetrust.com/speaking-out

Scenes from The Caribbean Women and Sexual Diversity Conference in Guyana

by SASOD Admin:

This saw 35 women from 14 countries coming together to share, learn and build lifelong connections and friendships. Partnerships may have also come out of this; I know love did.

This strengthening activity was made possible because of effective coordination of the organizers: St. Lucian human rights organisation United and Strong Inc (U&S) and from Curacao, Fundashon Orguyo Korsou/Curacao Pride Foundation (FOKO). 

The theme was: “Strengthening the invisible woman and empowering her to leadership.” And that’s just what it did. The aim was to help build the advocacy strengths and help us to understand and deal with LBT women’s issues. For us to return home and advocate from a point of understanding of our rights, our strengths, our weaknesses and with the knowledge that there are others we can call on for help if we need it.


Some of us in a group (c) photo courtesy of Amina Doherty

The CWSDC was funded by a combination of partners. The Caribbean Forum for the Liberation and Acceptance of Genders and Sexualities (CariFLAGS), Arcus Foundation, ARC International, International Gay and Lesbian Human Rights Commission (IGLHRC), Council for Global Equality, the Astraea Lesbian Foundation For Justice and Envisioning Global LGBT Human Rights. Importantly to point out also is, the conference was tragically planned at the time of Curacao’s first week of LGBT pride celebrations to give support, and also a few activities were incorporated with the conference. 

One such activity was the award ceremony in recognition of persons who contributed to the LGBT movement over the years. Kenita Placide of United & Strong Inc, Mario Kleinmodig and Dudley Ferdinandus of FOKO and Faye Ferdinandus of CariFLAGS along with many others were recognised. Many of us celebrated in the pride events; for some of us, it was our first pride celebration.

Some of the women celebrating pride

Our facilitators were mostly women, women with gusts of inspiring strengths, which was very refreshing. They covered Self-Defense (our first activity in the mornings), Proposal Writing, Leadership, Violence in Same-Sex Relationships and recognising it, and much more. Many of our days were packed with group discussions, finding new ways to strengthen our capacities. For some, the night outs after each day’s session worked as an outlet to forge new friendships, and re-energize to return to the next day’s session with vigor.

The United Belize Advocacy Movement, UNIBAM Issues Press Release On Recent Statements By Various Leaders

channel5 Belize photo of Caleb Orozco leader of UNIBAM

The United Belize Advocacy Movement, UNIBAM has issued a press release in which it applauds statements of support for diversity recently shared by various leaders. In the release, UNIBAM acknowledges statements made by the Prime Minister and the Leader of the Opposition on support for diversity as well as the Gender Policy asserting the rights of individuals in Belize. 

 The release quotes Prime Minister Dean Barrow as saying quote “There can be no discrimination in terms of employment opportunities, in terms of access to health care, in terms of the services that the society offers. 

This administration certainly is not concerned about what happens in the bedrooms of the employees of the government; there are constitutional protections for public officers, properly appointed, and even with respect to open vote workers there can never be any kind of interference, any kind of surveillance, any kind of concern about the sexual orientation of the employees of government." End quote.

It also acknowledges words of the leader of the Opposition Francis Fonseca in which he stated quote, “I am the leader of a political party that embraces all Belizeans. I have Belizeans in my party who are homosexualsand we embrace all Belizeans...that will make for a stronger and vibrant party that is reflective of Belize and our society." End quote.

UNIBAM also thanks Special Envoy for women and children for her public statement on tolerance and against discrimination. Recently, Audrey Matura Shepherd announced her resignation from OCEANA and during a press conference explained that one of the reasons had to do with an article she wrote in which she expressed her opinions against homosexuality and was allegedly attacked by the LGBT community for expressing her views. But in today’s press release UNIBAM says that quote “Oceana’s work remains valued in Belize and UniBAM remains supportive of its effort to secure a balance in the country’s development process. It is clear that the country is at crossroads struggling in balancing development and rights. Thoughtful reflection, respect and fair treatment must hold true for all.” End quote.

more here on the Youtube Channel of Jamaican secularist Clive Forrester with an attorney from the UNIBAM legal team in the recently concluded trial there:

June 6, 2013 UPDATE

Caleb Orozco - Representing as an LGBT activist at the OAS courtesy of Channel 5 News Belize

 

"My agenda is really not new for the Belizean public, it's one of rights and my bias remain LGBT citizens but this time what we're doing is working with our traditional partners within the hemisphere. Over thirty activists that looks at transgender issues, that looks at gay issues, lesbian issues and collectively what we've done is we've worked with some sensitization through a declaration. And the second one it looks at discrimination and all other forms of intolerance. The discussion is a little bit more complicated because adapting a convention does not necessarily mean that it's law and so I believe we have a process of domestication like any process you will have a difference of opinion. Extreme Christian right looking to define or in this case make a statement around the family and our correlation all came together to an understand that the narrow definition of family does not reflect the reality of single parent homes, it does not reflect the reality that there are gay and straight couples who take care of children and who are parents and as such there is a strong disagreement over that."

Orozco says this is his seventh OAS meeting that he’s attending as an LGBT activist.

UPDATE June 6, 2013

Jamaica bans movie with lesbian scenes featuring Dominican actress ..................

This came to hand thanks to our friends at Quality Citizenship Jamaica as published in the Dominican News Online today:

The paper's online edition reported that authorities in Jamaica have banned a movie ‘with strong lesbian scenes’ which featured Dominican actress, Germina Jno Baptiste and Jamaican, Caroline Brown.

The Collywood production, Hated 2 Death, is a controversial movie which was filmed two years ago in Jamaica and was due to be released in various cinemas next month but the film board on that Caribbean island has effectively shut it down.

No reason was given as to why the decision was taken to ban the film.

“I am very upset … we are supposed to be living in a democratic world,” CEO of Collywood, Junior Hart, told DNO. “What right has Jamaica got to ban this movie … Jamaica is one of the most violent places in the world.”

Hart said Hated 2 Death is a true story of two lesbians who were brutally murdered in 2006 by one the girls’ boyfriend. Their bodies were found in a cesspit toilet outside the house where the murders were committed. The matter has since drawn international attention to Jamaica since the boyfriend has not been arrested although he has given himself up to the police.

The Collywood CEO said the movie premiered in the south coast of Jamaica to “record crowds” and it has caused a stir among the authorities and the church on that island.

“I strongly believe they don’t want this movie because it will be like opening a can of worms,” he said.

Hated 2 Death hase now been placed on Collywood’s global platform where it can be seen on subscription at www.collywoodcinemas.com.

Jno Baptiste is the first Dominican actress to appear in a Jamaican movie.

More on the actress HERE

Meanwhile

It was only a few days ago Bishop Gabriel Malzaire, the head of the Roman Catholic Church in Dominica, called for the elimination of criminal penalties for homosexuality and an end to “all forms of violence” against LGBT people.

Malzaire’s position, he stated in a Dominica News commentary, is consistent with the Catholic Church’s overall position:

I wish to make it clear that the Catholic Church in Dominica adheres to the call of the Holy See in its statement to the 63rd session of the General Assembly of the United Nations on the Declaration of Human Rights, sexual orientation and gender identity, “to condemn all forms of violence against homosexual persons as well as to urge all States to take necessary measures to put an end to all criminal penalties against them. …

The Catholic Church maintains that free sexual acts between adult persons must not be treated as crimes to be punished by civil authorities.

Dominica is one of several Caribbean countries where homosexual activity is a criminal offense. The anti-homosexuality law provides for prison sentences of up to 10 years for consensual same-sex relations.

Malzaire’s statement came in response to a statement by the LGBT rights group Minority Rights Dominica, which complained that the church had not made its position clear about that law.

Two men on a gay cruise were arrested in Dominica in March 2012 after police were told they were seen engaging in sex on board their cruise ship. They were released after pleading guilty to indecent exposure.

Malzaire emphasized his support of other Roman Catholic doctrines such as opposition to (though not criminalization of):

Same-sex marriage.
Adoption of children by same-sex couples.

Homosexual activity. Malzaire said that, “according to Holy Scriptures, [it] is among many wrongs which, if not controlled, can lead to spiritual death. Among these are adultery, fornication, orgies, calumny, deep seated hatred, and the like (cf. Rom 13:13; Gal 5:16-21).”

The use of the phrase “sexual orientation and gender identity.” Malzaire said regarding the U.N. Declaration of Human Rights, “The Vatican specifically objected to the declaration’s use of the term sexual orientation and gender identity, which it said had no established meaning in international law.”

For more information, read his full commentary: “Decriminalization of homosexuality – what it means for the Catholic Church in Dominica.”

Study reveals 57 percent of population tolerant of homosexuals in Trinidad

A study of general attitudes of local citizens towards homosexuals has found that more than half — 57 percent of the persons polled, were tolerant, or accepting of gays. Thirty six percent were “potentially homophobic” while eight percent were unsure.

According to director of Caribbean Development Research Services (CDRES) Peter Wickham, “Tolerant means they tolerate homosexuals, accepting means they are accepting that most of us can distinguish between someone who says I deal with you and distance, and someone who says I want to embrace you.”

He said the information gathered suggested that TT was not a homophobic society.

“It is a society in which the level of acceptance of homosexuals is greater than rejection.”

CDRES Inc, which is based in Barbados carried out the survey earlier this year. It involved a sample of just over 1,000 persons representative of the population in sex and age.

The findings were revealed yesterday at a press briefing at the All Saints Anglican Church Hall, Woodbrook on the eve of today’s observance of International Day Against Homophobia and Transphobia. It found that people with gay family, or friends, were less likely to be homophobic. According to the data — 73 percent reported having gay friends, 68 percent had gay family members while 51 percent had no gay friends, and 56 percent no gay family members.

Wickham said, “a driver of acceptance and tolerance is the extent that people had gay friends or family members.” Less Trinidadians admitted to having gay family members but the number with gay friends was “quite high.”

The research found the 75 percent of people considered violence against gays, or sexual minorities to be discrimination. Wickham found this was striking, considering that the level of acceptance was not close to 75 percent. Another noteworthy observation was that while the majority of persons opposed the decriminalising of criminal sanction against homosexuality, they opposed violence, and supported human rights. On the question of the political impact of a gay stance, persons were asked to state which political party they supported, and if the party changed its stance on gay issues, if this would affect their vote.

There were equal numbers of persons from the political parties saying they would or would not change. Fifty-six percent said it would not make a difference on their vote.

meanwhile:

The Trinidad Express reported

A little more than half of the local population is tolerant or accepting of gay persons and tackling a gay agenda may not actually be a death knell for political parties, a Caribbean Development Research Services Inc (Cadres) survey has suggested.

Cadres has conducted a poll of just over 1,000 citizens on behalf of the Coalition Advocating for the Inclusion of Sexual Orientation (CAISO), that the latter hopes will shed some light on the local attitudes towards homosexuality and engender more interest in the rights of such persons by the State.

The survey, which CAISO said it has tried fruitlessly in the past to have done with support from the State, has shown that 56 per cent of citizens are either tolerant or accepting of the gay/lesbian/bisexual/transgender (LGBT) community.

Thirty-six per cent of those surveyed were homophobic and eight per cent were not clear of their positions on LGBT persons and issues.

The results of the poll were disclosed at a CAISO press conference at the All Saint’s Anglican Church, corner of Woodford and Marli Streets, Port of Spain, yesterday.

Colin Robinson, the head of CAISO, said the poll has shown that Trinidad and Tobago is not the homophobic country that it is commonly perceived to be and the results confirm that it is possible for all people to be part of developing the nation.

Peter Wickham of Cadres said while it is expected that some persons may have chosen to fabricate their responses, it is felt that the results are largely representative of an existing overall view.

Interviews for the poll were conducted face-to-face and candidates were asked to self-identify their sexual orientation.

Candidates were also asked their political preferences and were asked whether a political party’s decision to tackle gay issues would affect their decisions at the polls.

Wickham admitted, however, that candidates were not asked whether they would be swayed for or against.

The results among those with an allegiance to any of the existing parties showed 49 per cent saying their chosen party’s position on gay issues would make a difference, while 51 per cent said it would not.

Wickham said it is also felt that voters, who appear to vote largely on the basis of race, were unlikely to cross racial lines to be swayed by a party’s gay agenda.

Possibly the inaugural survey of its kind, Wickham said no previous data could be found for the sake of comparisons on changing attitudes but the recently concluded survey will be important to building such data.

The poll was conducted here and in Guyana with sponsorship from the British High Commission, while it was conducted in Barbados with the assistance of the State.

The poll showed that 73 per cent of candidates in Trinidad have gay friends that the Christian community appears to be more tolerant.

However, support for the LGBT community came yesterday from head of the Indian Women’s Organisation, Pandita Indrani Rampersad, who said religious groups, of all of society’s sectors, should be the ones to find the compassion and strength to stand up for and support fellow humans who are being vilified and oppressed.

“If we can’t support our fellow humans, then what are we?,” Rampersad said.

(Guyana) The debate on decriminalising homosexuality – conscience vote, not party affiliation

Decriminalising homosexuality is a heated debate today all around the world. Recently, two distinguished Guyanese: Sir Shridath Ramphal(photo below), a former minister of foreign affairs and former secretary general of the Commonwealth and Ralph Ramkarran, former Speaker of the National Assembly, argued that Guyana and the Caribbean should decriminalise homosexuality.

Guyana’s National Assembly by motion also established a special select committee to address this question. This was a bold move by the National Assembly, since this is a provocative and emotional issue that is deeply polarising in all of the Caricom countries.
The United Nations Human Rights Commission (UNHRC) has mandated Guyana to adjust its laws in relation to corporal punishment in schools, the death penalty for crimes, and laws against homosexuality and to bring them in compliance with the human rights guidelines. The move to allow a special select committee to address these issues in our Parliament is as a result of the guidance from the UNHRC.

Times Notebook recently came out in support of the banning of corporal punishment in our schools. Times Notebook is also against the death penalty. We believe that the debate on the decriminalisation of homosexuality will be highly emotive. We believe that the position of Sir Shridath and Ralph Ramkarr an to decriminalise homosexuality is brave and reasonable and is consistent with the 2009 United Nations Resolution to decriminalise homosexuality. The USA and 66 other countries supported the UN Resolution.

“Unbiblical”

Recently, a South African pastor warned Jamaicans not to go down the road to decriminalise homosexuality. In Uganda, lawmakers want to subject homosexuals to the death penalty. Robert Mugabe of Zimbabwe vilifies gays, lesbians, and transgender as “unbiblical” and “worse than dogs”. His characterisation of homosexuality is shared by many African leaders.

The debate relating to decriminalisation of homosexuality is not new. The Old Testament and Islam forbid sex between men. Plato who lived up to 327 years before Christ rejected homosexuality. But Aristotle who died in 322BC defended homosexuality. The Netherlands, France, and other countries with legal systems based on France’s Napoleonic code, however, removed “homosexual offences” from criminal sanctions centuries ago. Other countries in Europe also were early in decriminalising homosexuality. These include Poland (1932), Denmark (1933), and Sweden (1944).

But England, Wales and Canada decriminalised homosexuality only in 1967. Scotland did not decriminalise homosexuality until 1980. It took a U.S. Supreme Court ruling in 2003 before all State Statutes decriminalised homosexuality in the USA. Nicaragua abolished the crime of “sodomy” in November 2007.

Progressive developments

There have also been progressive developments enshrining provisions against discrimination on the basis of sexual orientation in the constitutions of Ecuador, Fiji, Portugal and South Africa. The Supreme Court of Nepal in December 2007 issued directive orders to the government of Nepal to end discrimination on the basis of sexual orientation and gender identity. Also in December 2007, the Bolivian Constituent Assembly approved a clause that would make Bolivia the first country in the world to prohibit in its constitution discrimination on the basis of gender identity. The Supreme Court in India ruled in 2009 that the law against homosexuality is unconstitutional.

Still, there are 76 countries in the world where homosexuality is still a crime. Guyana and all the Caricom countries fall in this category. There are also five countries in the world where homosexuality is a crime punishable by death.
Laws criminalising homosexuality exist on all continents, albeit in different forms. In some countries, consensual sex between adults of the same sex is criminalised as “sodomy”, “the abominable crime of buggery”, “crimes against nature”, “deviant sexual intercourse”, “corruption on earth”, “outrages on decency”, “unnatural acts”, or other such terms. In others, vague provisions such as “immoral acts” or “public scandal” are used to criminalise sexual behaviour of lesbians, gay men and same-sex practising, bisexual or transgender people.

Many acts of discrimination and violence are committed against people who are lesbian, gay, bisexual, same-sex practising and transgender people because they are perceived as immoral. In many parts of the world, homosexuality is considered a sin and same-sex relations are dubbed “unChristian” or “unIslamic”. Many of the criminalisation laws dating back to the Victorian period of the British Empire derive from Christian religious law. Sumit Baudh notes that “the case law from India makes frequent references to bestiality, buggery and Biblical notions of the sin of Gomorrah and the sin of Sodom”.

Capital offences

In Kuwait on January 22, 2000, two women writers and their male publisher were fined and sentenced to two months in prison for writings that were said to cause harm to religion and to morality because they mentioned lesbian relationships. In March 2000, the Misdemeanours Appeal Court handed down fines to the two women. The Iranian penal code makes particular types of same-sex sexual relations capital offences under the category of hodoud crimes – crimes against divine will, for which the penalty is prescribed by Islamic law.

In December 2011, at the Commonwealth Heads of Government Meeting in Australia, the Harper Government of Canada announced they will work with Commonwealth countries where homosexuality remains a crime to decriminalise homosexuality. The same announcement has been made by UK Prime Minister David Cameron, who threatened to withhold development assistance from countries unless they decriminalise homosexuality.
Times Notebook is eagerly awaiting the debate in Guyana’s National Assembly. It will be an opportunity for those who take a “rights-approach” to fundamental human rights and those who take a strict moral approach, arguing that morality takes precedence even in consensual behaviour in private. Times Notebook urges all civil groups, not just the churches, to become engage in determining the way forward for Guyana. This is an issue that must not be decided only by the politicians, but by all Guyanese.

We believe that the debate and the decision should not be based on political affiliation or ideological approaches. Times Notebook believes that this subject should be one in which our MPs debate and decide based on their own views, guided by their conscience, and not merely following party dictate.

Source

HIV rates among MSM in the US & St Lucia are up .......

download the Report HERE

The findings from the Centers for Disease Control and Prevention detail the most recent HIV/AIDS numbers in the United States. They show that in 2010, there were 47,500 people who were newly infected with HIV, down from 2007's number of 53,200. The authors of the report noted that the rate of new HIV cases in the U.S. has stayed at around 50,000 each year since the '90s.

From 2008 to 2010, black women experienced a 21 percent decrease in new HIV infections (from 7,700 to 6,100). But overall, African Americans are the racial group most affected by HIV (with an HIV rate almost eight times higher than white people), comprising 44 percent of all the new infections in 2010.

The report also showed that young men who have sex with men experienced a 22 percent increase in new HIV infections during the same time period (from 7,200 to 8,800). Men who have sex with men -- a term used by researchers to focus on behaviour and bypass issues of sexual identity -- comprised about 78 percent of new HIV infections in men in 2010, and 63 percent of total new HIV infections in both men and women that year, the report said.

Young people were the most likely to be newly infected, with 31 percent of new infections occurring in people between ages 25 and 34. Twenty-six percent of new infections occurred in people between ages 13 and 24, and 24 percent of new infections occurred in people between ages 45 and 54. People ages 55 and older made up five percent of new infections.

Earlier this year, a report from the United Nations Program on AIDS showed that North America had around 1.4 million people with HIV in 2011, and about 20,000 people on the continent died from the disease that year, Reuters reported. And in 2011, there were a little over 34 million people with HIV around the world.

Meanwhile in St Lucia the National AIDS Program Secretariat, NAPS is reporting today that the rates are up especially for those who do not disclose their preference or are on the downlow. 

This was the same group who called for the repeal of the buggery law in August last year.

St Lucia like Jamaica grappled also with homosexuality in schools and while not going the route we did with out Home and Family Life curriculum and the suggestions of reparative therapy for supposed abusive lesbians in schools earlier this year they seem to have taken a more mature approach based on reports:

Discussions on homosexuality should be included as part of sex education on the island's schools, so says former chief medical officer, Dr. Stephen King. Dr. King says that students are constantly grapple with issues of homosexuality and need to be educated on the issue. The statement comes as Dr. King says that a health study conducted by the Pan Health Organization (PAHO) indicates that many children have homosexuality tendency and confusions during puberty.

Students are struggling with issues of homosexuality and need education and guidance on the matter. That’s according to former Chef Medical Officer, Dr. Stephen King. As a result – he believes sex education should include conversations on homosexuality as it is part of human sex behaviour  The statement comes weeks after a female student was allegedly sexually assaulted by three other females at a secondary school on the island.

Dr. Stephen King says findings from health surveys show many children engage in homosexuality and conversation on the matter would actually lessen confusion on the issue. The pathologist by profession added that discussions at schools would also help to reduce stigma and discrimination and stop the violation of human rights against gay individuals.

See more HERE: Homosexuality in schools in St. Lucia 

UPDATE December 24, 2012

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.

World AIDS Day - decline in AIDS-related deaths in the Caribbean

The Caribbean Saturday December 1 joined the rest of the global community in observing World AIDS Day indicating that while there had been a drastic decline in the number of new infections, the region should not relax its efforts in dealing with the deadly virus.

Caribbean countries were observing the day with a number of activities and a report by UNAIDS notes that the number of children born with the virus declined significantly in the Caribbean during the period 2009 and 2011.

The report noted that the Caribbean, which has the second highest incidence of HIV/AIDS after sub-Saharan Africa, also recorded the highest decline in AIDS-related deaths of any region between 2005 and 2011. The number of children born with the deadly HIV declined significantly in the Caribbean during the period 2009 and 2011, according to the 2012 global report by UNAIDS.

In his message to mark the occasion, St. Kitts-Nevis Prime Minister Dr. Denzil Douglas, who has lead responsibility for health in the quasi Caribbean Community (CARICOM) cabinet, said that there is no doubt that significant inroads have been made to reverse the spread of AIDS throughout the world.

“The Caribbean has made many advances. Indeed the UNAIDS report for 2012, singles out this region as having the sharpest declines in number of new HIV infections since 2001 with a drop of more than 42 per cent.

“There are other positive indicators evidenced by the increased numbers of our people receiving treatment, reduced number of people dying from AIDS and greater investments on the part of our governments in both treatment and prevention, among others,” Dr. Douglas said.

He said in this regard, the Pan Caribbean Partnership against HIV and AIDS (PANCAP) embracing governments, civil society, regional and international partners, networks of people living with HIV and vulnerable communities, must be commended for its leadership role.

“But it is still a long walk to zero – possible though it is a walk, to which PANCAP is committed. As I recall, it was at a UNAIDS/PANCAP Advocacy Forum in 2005, when partners in developing their advocacy strategy, envisioned a Caribbean without AIDS.

“A Caribbean without AIDS is possible, but the PANCAP agenda must be reshaped by human rights to reduce stigma and discrimination taking centre stage. Sustainable social development and equity for all require increased community and political engagement, Hence, there is much more to be done in getting to zero,” he added.

Executive Director of the Caribbean Broadcast Media Partnership on HIV/AIDS, (CBMP) Dr. Allyson Leacock said while the UNAIDS Global Report 2012 shows signs of progress in the HIV epidemic, “we should not see this as a time for relaxing our efforts.

“In fact, as we struggle for more financial resources for sustainability and counter the AIDS fatigue that is so evident in the malaise to many AIDS programmes, initiatives such as ours are even more important to be sustained.”

She said that adult HIV prevalence in the Caribbean remains higher than in any other world region outside of sub-Saharan Africa.

“We still have people to reach and work to do. We know we have to sustain our training efforts with our colleague reporters, producers and editors to enhance our coverage of this complex epidemic so media coverage is always accurate and effective,” she said of the CBMP that groups 112 television and radio broadcasters in 24 countries.

Leacock said that a comprehensive approach to HIV/AIDS in the Caribbean must include well-coordinated media campaigns as well as on-the-ground programmes.

In their message, a dozen Caribbean civil society organizations (CSO) that met recently in Jamaica said there was a need to regroup in the face of the changing tide of the HIV epidemic and its attendant change in available resources for the Caribbean.

“Ultimately, it was the disturbing emergence of increasing inequality these actions bring that threatens to erode all the developmental gains these HIV advocates have worked so hard to address as foot soldiers in these multiple struggles with the epidemic in the region.

“HIV exposes the reality that no matter how high we raise the tide in our societies, ignoring inequality will erode the gains of development for everyone and create insecurity in our nations,” the CSO’s said, adding in rising to meet that challenge, we hold on to the core belief that the role of governance, public policy and civil society organisations are to make the Caribbean a better, more liveable place, that we must leave it a better place for our children”.

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Meanwhile:

HEALTH Minister Dr Fenton Ferguson has urged Jamaican's to be aware of their HIV status as country joins the rest of the world in observing World Aids Day.

" If we are to move towards no new infections, it is important that we all know our HIV status. Firstly, if we know our status we can protect our partners and babies from becoming infected. Secondly, if we know our status, we can get the treatment we need and live longer, more fulfilling and productive lives. Thirdly, if we know our status, we can get the psychological and other support we need to manage this illness and fourthly, if we know our status, we can be proactive in assisting others who may need our support to manage their health and we can become advocates in our communities to assist others thereby playing a role in reducing the national prevalence," Dr Ferguson said in his message.

Pointing out that only 50 per cent of the estimated 32,000 Jamaicans living with HIV know their status, Dr Ferguson said such a situation is not sustainable.

"HIV testing is offered free of cost in the public sector. Let us make a dent in that 50 per cent and help Jamaica to achieve its development goal as outlined in Vision 2030, for the country to be the place of choice to live, work, raise families and do business," he urged.

The Caribbean is second only to Sub-Saharan Africa in terms of the prevalence of HIV and AIDS. But Dr Ferguson said the region has "been seeing significant improvements in the rate of HIV and AIDS".

"According to UNAIDS' Global AIDS Response Progress Reporting 2012, the Caribbean has recorded a 25 per cent reduction which is the highest decline in AIDS related deaths between 2005 and 2011 compared to other regions.

"I am happy to note that Jamaica is among these statistics. We have come a far way during this period with respect to our achievements in the area of HIV and AIDS. Since 2006, there have been significant declines in a number of areas. The number of reported AIDS deaths has decreased since the introduction of public access to ARVs. Three hundred and thirty-three (333) AIDS deaths (197 males and 136 females) were reported in 2010 compared to 665 in 2004. This represents a 50 per cent decrease in AIDS deaths since the inception of Universal Access to ARVs in 2004, and a 46 per cent decrease when compared to 2000 (617 AIDS deaths)," he explained.