Belize's Battle Against Homophobia: A Country In Transition

Belize is a small Central American country with a population of 330,000. It is a former British colony that gained independence in 1981. Belize has been described as a diverse and tolerant country, with a melting pot of ethnicities, including indigenous Mayan, Afro-Belizeans speaking Creole or Garifuna, and immigrant communities from Taiwan to the Middle East. However, it has been criticised for its anti-LGBTQ+ laws, which are remnants of colonial-era legislation.

In 2013, Belize's Supreme Court heard a case challenging Section 53 of the country's Criminal Code, which outlaws carnal intercourse against the order of nature with any person or animal. The case was brought by Caleb Orozco, a gay rights activist and president of the United Belize Advocacy Movement (UniBAM). Orozco faced death threats and violent attacks for his activism. He was supported by the former UK attorney general Lord Goldsmith and Belize's former attorney general, Godfrey Smith. The case was opposed by the Belizean government and the country's Catholic, Anglican, and evangelical churches.

In 2016, the Supreme Court ruled that Section 53 was unconstitutional, violating the protections of equality, dignity, and personal privacy in Belize's constitution. The court ordered that the Criminal Code be amended to specify that the section shall not apply to consensual sexual acts between adults. This ruling was a significant milestone in the global campaign to decriminalise homosexuality. However, despite this progress, Belize still has work to do to address homophobia and discrimination against LGBTQ+ individuals.

Belize's anti-LGBTQ+ laws

Belize has a complex history of anti-LGBTQ+ laws, many of which have been challenged and repealed in recent years. Here is an overview of the country's anti-LGBTQ+ laws and the efforts to overturn them:

Section 53 of the Belize Criminal Code:

Section 53 criminalized "carnal intercourse against the order of nature" and imposed a sentence of up to 10 years' imprisonment. This vague provision was used to prosecute consenting gay relationships and contributed to a climate of hatred and taboo surrounding homosexuality.

In 2010, Caleb Orozco of the gay rights group UniBAM, with the support of international human rights organizations, filed a case challenging the constitutionality of Section 53. The case, known as "Orozco v. Attorney General of Belize," argued that the law violated the rights to privacy, equality, and dignity guaranteed by the Belizean Constitution.

On August 10, 2016, the Belize Supreme Court ruled in favor of Orozco, striking down Section 53 and emphasizing the constitutional right to non-discrimination based on sexual orientation. This ruling was a significant milestone in the global campaign to decriminalize homosexuality and sent a strong message of acceptance and equality.

Immigration Act:

Under Section 5(1) of the Immigration Act, "prostitutes, homosexuals, or any person living on or receiving proceeds of prostitution or homosexual behavior" were prohibited from entering the country. This effectively banned homosexual immigrants from entering Belize, contributing to the discrimination and marginalization of the LGBTQ+ community.

In 2013, Jamaican activist Maurice Tomlinson filed a challenge to this immigration ban in the Caribbean Court of Justice, arguing that it violated the free movement of Caribbean citizens as outlined in the Treaty of Chaguaramas. The court ruled that Belize could not ban homosexuals from entering the country due to its treaty obligations, despite the existence of the law.

Other Anti-LGBTQ+ Laws and Challenges:

Belize has also faced criticism for its lack of legal recognition of same-sex relationships and the right to change legal gender. While same-sex sexual activity has been decriminalized, same-sex marriage is not recognized, and there are no laws allowing individuals to legally change their gender.

Additionally, LGBTQ+ individuals in Belize still face discrimination and harassment, particularly from religious groups and conservative attitudes. The country is in the process of developing laws to protect the LGBTQ+ community, but social and legal policies remain unfriendly toward this group.

Overall, while Belize has made significant strides in repealing anti-LGBTQ+ laws, there is still work to be done to ensure full equality and protection for the LGBTQ+ community in the country.

Homophobic violence

Belize has been characterised as a country where homophobic violence is encouraged by the existence of colonial-era laws banning "buggery" (sodomy) and "gross indecency". Section 53 of Belize's Criminal Code threatened up to 10 years in jail for anyone convicted of "carnal intercourse against the order of nature with any person or animal".

LGBTQ+ activist Caleb Orozco, who has faced homophobic violence himself, challenged the law in court in 2013, with the support of the International Commission of Jurists and the London-based Human Dignity Trust. The case was also supported by former British Attorney General Lord Goldsmith and anti-apartheid hero Desmond Tutu. The government and the country's Anglican, Catholic and evangelical churches opposed scrapping the law.

Orozco has had a beer bottle smashed into his face, his car vandalised, and has received numerous death threats. He believes that the existence of Section 53 encourages homophobic violence, and that it has a corrosive effect on Belizean society, leading to LGBT+ people being discrete about their sexuality, and even lying to family and friends. Jonathan Cooper, of the Human Dignity Trust, said: "If you are in a jurisdiction that criminalizes your sexuality then you are an un-convicted felon and with that goes vulnerability and stigma. People will not have you as their tenant or give you a job, or you are bullied at school."

In 2016, the Supreme Court ruled that Section 53 was unconstitutional, and Belize became the first Commonwealth Caribbean Court to hold that laws criminalising same-sex intimacy were unconstitutional. However, in 2020, a gay Belizean fashion designer living with HIV, Ulysease Roca Terry, was arrested for breaching COVID-19 curfew laws. While in custody, he suffered homophobic slurs and bullying by a police officer, and claimed that he was physically attacked. Days later, he died.

Homophobia in the Caribbean

Homophobia is a significant issue in the Caribbean, with many countries in the region having laws and social attitudes that discriminate against lesbian, gay, bisexual, transgender, and intersex (LGBTI) people. While there have been some positive developments in recent years, such as the decriminalisation of homosexuality in Belize and the Bahamas, homophobic violence and discrimination remain pervasive.

Legal Discrimination

Colonial-era laws criminalising homosexuality remain in effect in many Caribbean countries. For example, until it was repealed in 2016, Section 53 of Belize's Criminal Code mandated up to 10 years in jail for anyone convicted of "carnal intercourse against the order of nature with any person or animal". Similarly, in the Bahamas, the Sexual Offences Act of 1995 criminalises the act of "buggery" between consenting adults with a sentence of 15 years in prison. These laws contribute to a climate of fear and violence for LGBTI people, who often face harassment, discrimination, and even physical attacks.

Social Attitudes

In addition to legal discrimination, homophobic attitudes are deeply rooted in much of the Caribbean society. There is widespread confusion about homosexuality, and religious activists often campaign against LGBTI rights, contributing to ignorance and misinformation. As a result, LGBTI people in the Caribbean often face social stigma, bullying, and isolation. They may be subjected to verbal and physical abuse, and their mental health and well-being can suffer significantly.

Recent Developments

Despite the challenges, there have been some positive developments in the Caribbean in recent years. In 2016, Belize's Supreme Court became the first Commonwealth Caribbean Court to hold that laws criminalising same-sex intimacy were unconstitutional, affirming the rights of LGBTI people to dignity, privacy, and equality before the law. This ruling sent a strong message to the region and inspired similar legal challenges in other Caribbean countries. Additionally, the Bahamas is the only Caribbean country to have decriminalised sex between consenting adults of the same sex through an act of parliament, demonstrating a commitment to LGBTI rights.

The Way Forward

While there has been some progress, much more work needs to be done to address homophobia in the Caribbean. Legal reforms are necessary to remove discriminatory laws and protect the rights of LGBTI individuals. Additionally, social attitudes need to change, and education and awareness campaigns can play a crucial role in reducing stigma and promoting acceptance. Community organisations and activists are leading the way in this regard, and their efforts are slowly making a difference. However, the road to a more inclusive and tolerant Caribbean is still long, and continued advocacy and support are essential.

Belize's Supreme Court ruling

On 10 August 2016, Belize's Supreme Court ruled that Section 53 of the country's Criminal Code was unconstitutional. Section 53, which stated that "every person who has carnal intercourse against the order of nature with any person or animal shall be liable to imprisonment for 10 years", was challenged by Caleb Orozco, leader of the LGBTQ rights group United Belize Advocacy Movement (UNIBAM).

Chief Justice Kenneth Benjamin ruled that Section 53 contravened constitutional protections of equality, dignity, and personal privacy. He ordered that the Criminal Code be amended with the insertion of the phrase "This section shall not apply to consensual sexual acts between adults." Benjamin also clarified that the term "sex" in Section 16(3) of the Constitution includes sexual orientation, meaning that the Constitution of Belize prohibits discrimination on the basis of sexual orientation.

The ruling was praised by Orozco, who stated:

> This is the first day of my life in which it is legal for me to be me... This is a history-making judgment for Belize, the country which I am proud to call home.

Téa Braun, legal director of Human Dignity Trust, a charity that worked with Orozco, called the ruling "a great victory for human rights and the rule of law."

LGBTQ+ activism in Belize

Belize has a vibrant and growing LGBTQ+ culture, with organisations such as the United Belize Advocacy Movement (UNIBAM) advocating for LGBTQ+ rights and equality. In 2016, Belize's Supreme Court decriminalised LGBTQ+ identity and ruled that the country's constitution prohibits discrimination based on sexual orientation. This ruling was the result of a case brought by UNIBAM and its executive director, Caleb Orozco, who challenged the constitutionality of Belize's anti-sodomy law, also known as the "anti-buggery" law. The case faced strong opposition from religious groups, particularly the Catholic and Protestant churches, and Orozco received death threats and was subjected to violence. However, the ruling was a significant milestone in the fight for LGBTQ+ rights in Belize, and it has empowered LGBTQ+ organisations to become more visible and active.

Belize held its first Pride Week in 2017, and Pride events have been growing in the country since then. The presence of these events and the increasing acceptance of the LGBTQ+ community have encouraged young LGBTQ+ Belizeans to come out. Additionally, organisations such as Promoting Empowerment Through Awareness of Lesbian and Bisexual Women (PETAL) and Belize Youth Empowerment for Change (BYEC) have been advocating for and providing support to LGBTQ+ individuals, particularly young people and women.

While Belize has made significant progress in protecting the rights of LGBTQ+ individuals, there are still areas where improvement is needed. Same-sex relationships are not legally recognised in Belize, and public displays of affection by LGBTQ+ individuals could lead to unwanted attention or harassment. Additionally, some social and legal policies are not LGBTQ+ friendly, and there are instances of verbal and physical abuse on the streets. Furthermore, while the country is developing laws to protect LGBTQ+ people from discrimination, it has yet to legalise marriage equality.

Overall, Belize is generally considered a safe and exciting destination for LGBTQ+ travellers, with a vibrant community and supportive organisations. However, travellers are advised to be cautious and follow cultural norms to ensure a safe and harassment-free trip.

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