The London office of Debevoise & Plimpton LLP is representing the International Commission of Jurists (ICJ), the Commonwealth Lawyers Association (CLA), and the Human Dignity Trust (HDT) who are interested parties in a ground-breaking challenge in the Supreme Court of Belize. Brought by Caleb Orozco, Executive President of the United Belize Advocacy Movement (UNiBAM), the case challenges the constitutionality of s.53 of the Criminal Code of Belize, which effectively criminalizes homosexuality. It states that “every person who has carnal intercourse against the order of nature with any person or animal shall be liable to imprisonment for ten years”.
The Constitution of Belize protects the fundamental rights and freedoms for “every person in Belize.” The Constitution also recognizes “the equal and inalienable rights with which all members of the human family are endowed.” These rights and freedoms include the rights to dignity, equality and privacy.
The challenge will seek to establish that section 53, by criminalizing homosexuality, violates Caleb Orozco’s human rights and is therefore unconstitutional and must be either struck down or amended to protect private, consensual sexual relations between adults of the same sex.
International human rights law ratified by Belize (and binding upon Belize) is clear that private, consensual sexual activity between adults is protected human rights conduct, whether carried out by adults of the same sex or opposite sex.
Jonathan Cooper, Chief Executive of the Human Dignity Trust, said:
“International law is clear that criminalizing Caleb in Belize is a breach of Belize’s international human rights treaty obligations. This case is not about gay marriage or wider gay and lesbian rights. This case is about ensuring Caleb’s right to his identity without the threat of criminalization. It is as serious and simple as that. Caleb’s very essence is being denied and this is precisely what human rights are designed to protect. Caleb should not have to go to court to have his rights recognized, but it is hoped that the Chief Justice will give a strong and robust judgment in Caleb’s case guaranteeing all the rights in the Constitution to everyone in Belize.
“The advice and representation that we have received from Debevoise & Plimpton has been second to none. The team that Lord Goldsmith QC and Jessica Gladstone created to argue this case has been first class. This case will make history and we have been able to make an impact thanks to the outstanding work of Debevoise & Plimpton.”
The Attorney General of Belize is defending section 53. Supporting the Government’s position as interested parties in the case are the Roman Catholic Church of Belize, the Belize Church of England Corporate Body and the Belize Evangelical Association of Churches. They have joined together as the Belize Council of Churches.
The Debevoise team representing the ICJ, CLA and HDT is being led by the firm’s chair of European and Asian litigation, Lord Goldsmith QC, as the lead advocate in the case, with assistance from London based international counsel Jessica Gladstone. All Debevoise lawyers acting on the matter are doing so pro bono.
The trial commenced on 7th May, and is listed to last for four days. It is expected that judgment will be reserved.
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