The Hague/New York/Belize – Parliamentarians for Global Action (PGA) commends the decision of the Supreme Court of Belize in ruling Section 53 of the Criminal Code, which criminalized consenting intercourse between adults of the same sex, unconstitutional. In issuing his decision, Chief Justice Kenneth Benjamin made a far-reaching interpretation of “sex” to include “sexual orientation” as grounds protected in the Constitution and ruled therefore, that Section 53 was inconsistent with Belize’s Magna Carta.
Chief Justice Benjamin added that the court has an obligation to amend the law to bring it in conformity with the Constitution and ordered an amendment specifying that the section does not apply to consenting sexual acts between adults of the same gender. In May 2013, Mr. Caleb Orozco, a gay man and LGBTI activist, introduced the case challenging the constitutionality of Section 53 of the 1981 Criminal Code of Belize.
Reacting to the news, Senator Valerie Woods, a PGA Member, said:
This is a major victory for human rights and a great day for Belize in recognizing that all persons are equal and deserve to be treated with respect and dignity afforded to all. A first, but critical, major step.
In 2013, PGA launched its Parliamentary Campaign against Discrimination based on Sexual Orientation and Gender Identity (SOGI Campaign) to sensitize parliamentarians about the lived realities of Lesbian, Gay, Bisexual, Trans* and Intersex (LGBTI) persons, share experiences and lessons learned among MPs from different countries, and facilitate a dialogue between MPs and LGBTI civil society, contributing to an enabling environment for change in Parliaments aimed at ending discrimination based on SOGI.
PGA values the partnership and contributions of Mr. Orozco, Executive Director of United Belize Advocacy Movement (UniBAM), and his attorney Ms. Lisa Shoman, former Senator and PGA member, to PGA’s SOGI Campaign in the Caribbean and Latin America.
I met Caleb in Santo Domingo, Dominican Republic in 2013 when the Chamber of Deputies hosted the first PGA regional parliamentary seminar on human rights, sexual orientation and gender identity. I remember his testimony to an expectant group of legislators and his decision to change his life, and that of LGBTI persons, by challenging Section 53 of the Criminal Code of Belize. It seemed, at different moments of time, that this ruling would never come. I am so happy that all his effort, Lisa’s and that of many other people fighting for equality and human rights in Belize, has come to fruition.Dip. Minou Tavárez Mirabal from Dominican Republic and PGA President.
PGA looks forward to conduct a Parliamentary Delegation to Belmopan, Belize this fall to meet with members of the National Assembly, LGBTI civil society representatives and other stakeholders, to assist in ensuring this historic ruling has legislative support and fosters an environment that promotes dignity, human rights, equality and non-discrimination for all individuals regardless of sexual orientation, gender identity or expression, and sex characteristics.
We hope this ruling tilts the balance towards positive amendments on privacy, dignity, equality, freedom of expression, and non-discrimination for all individuals in Caribbean countries that still criminalize homosexuality. I’m honored that Belize regards my country as a model and I look forward to sharing Costa Rica’s experience and listening to my Belizean colleagues during PGA’s Parliamentary Delegation to Belmopan.Dip. Ronny Monge from Costa Rica & Deputy Convenor of PGA’s Gender, Equality and Population Program.
