The Caribbean Court of Justice has ruled that it will hear a case brought by Jamaican Gay Rights Activist Maurice Tomlinson which has implications for the entire Caribbean. He will be allowed to challenge the Immigration Laws of Belize and Trinidad and Tobago on the grounds that it violates the rights of LGBT persons living in the Caribbean to move freely throughout CARICOM.
His application for special leave to bring his case was heard in November of last year. He needed special permission to be heard as an individual because his home nation, Jamaica, refused to bring the claim on his behalf. They did so on the grounds that he has travelled to both Belize and Trinidad and Tobago without any problems before, so his right to free movement has not been blocked before.
Nevertheless, in delivering the court's decision that leave was granted, President Justice, Sir Charles Dennis Byron noted, quote "There is an arguable case that the mere existence of the legislative provisions in question amounts to prejudice, as demonstrated by the jurisprudence of European Court of Human Rights, and the UN Human Rights Committee." Although it's only a preliminary hearing, it's significant. So, we asked the Acting Solicitor General, Nigel Hawke, who represented Belize, about the outcome:
Nigel Hawke - Acting Solicitor General
"We were already at the leave stage when the court fundamentally rule this morning that leave is granted. This is just the first stage. We are objected to leave. So special leave has been granted, so now we moved to the substantive issue that will have to be argued. They've been given 7 days to file their originating application."
Daniel Ortiz
"Now sir the president did mention that just the mere existence of these statutes in the law is punitive. What's your reaction to that?"
Nigel Hawke - Acting Solicitor General
"At this stage that is mentioned in the context of an application for special leave and all he had establish was an arguable case. At this point the court agreed that there is an arguable case and so we move to the next stage and that is where we are."
Reporter
"So now what must the government do in terms of defending the substantive claim?"
Nigel Hawke - Acting Solicitor General
"We now wait for them to file their originating application and then we take it from there in terms of arguments and so forth. We will have full and extensive arguments now that leave has been granted."
Tomlinson's attorney, Anthony Gifford, has 7 days to file his claim, and then the CCJ will schedule a full hearing on the matter, where Tomlinson will be allowed to challenge the Immigration laws from both countries.
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