| For a summary of Belize’s review at the 2nd UPR cycle please click here. |
5th UPR session
Date of review: 5 May 2009
Date of report adoption: 4 June 2009
Document number: A/HRC/12/4
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SUMMARY SOGIESC issues during Belize’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Constitutional and legislative framework
2. JS1 [United Belize Advocacy Movement and the Sexual Rights Initiative] reported that the Political Reform Commission Report of 2000 and other State documents mentioned the need to include protection against [discrimination on the grounds of] sexual orientation in Belize’s Constitution, acknowledging the issue of freedom from discrimination based on sexual orientation.
3. JS1 recommended the enactment of national legislation to implement the substantive rights set out in international human rights obligations ratified by Belize. Regarding the issue of sexual minorities, it recommended the creation of a legal framework to safeguard their rights, including through amending the legislation on immigration and rape. D. Policy measures 6. JS1 indicated that the criminalization of the legal status of consensual same-sex relationships does not allow for the sustained public education campaigns that would help reduce societal biases.
Equality and non discrimination
7. JS1 indicated that prejudice and social stigma are a part of the daily experience of young gay and transgender persons in the education system, a situation which would also affect people living with HIV/AIDS. It also indicated that many lesbian, gay, bisexual, and transgender/transsexual (LGBT) persons face tremendous psychological and emotional problems, prejudice and marginalization from society, their families and communities when they reveal their sexual orientation or gender identity. JS1 recommended opening a dialogue on culture and human rights to guarantee that no human rights violations will be perpetrated against anyone –including LGBT persons- under the name of culture or tradition.
8. JS1 also reported that there is no legal framework that protects the rights of people living with HIV/AIDS, although there is a fairly widespread and institutional awareness of the problems faced by such persons. According to JS1, issues of lack of access to testing, lapses in confidentiality and discrimination within the health service sector against young people, men who have sex with men and transgender persons, have all contributed to sustained restrictions in access to care for people living with HIV/AIDS. It further noted that parts of the media continue to present HIV/AIDS as a homosexual disease. JS1 recommended the promulgation of a legal framework with enforcement powers to protect people living with HIV/AIDS from discrimination in all areas, including in the health service, schools and workplaces.
Right to privacy, marriage and family life
15. Belize’s Criminal Code Chapter 101 states in section 53 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,” as reported by JS1, adding that this disposition criminalizes consensual non-procreative sex, affecting both same-sex and straight relationships, although societal bias would lead to it being enforced only against those who are having same-sex sexual relationships or are perceived to be doing so. It recommended the de-criminalization of consensual sexual relations between adults of the same sex by repealing Section 53 of the Belize Criminal Code.
16. JS1 reported that people younger than 16 cannot access HIV/AIDS VCT services without parental consent. This would violate the right to privacy and in the end the right to health of young people, particularly of those having same-sex relationships and young woman having premarital sex, as they might choose not to access the services in order to avoid being punished by their parents if they reveal their sexual behaviour. JS1 recommended the requirement of parental consent for providing counselling and testing services to people less than 16 years of age be eliminated.
Migrants, refugees and asylum-seekers
24. JS1 indicated that Chapter 156 of the 2000 revised edition of the Immigration Act, under categories of prohibited immigrants includes: “(e) any prostitute or homosexual or any person who may be living on or receiving or may have been living on or receiving the proceeds of prostitution or homosexual behaviour.” Bearing in mind that engaging in sex work is not a crime in Belize, JS1 noted that the law does not explain the means by which it is to be decided which prospective applicants may fall into the abovementioned category. JS1 stated that it would thus be reasonable to suspect that age, sex/gender and the immigration officer’s gender and sexual stereotypes will play a large part in enforcing that part of the law, making it therefore discriminatory and unfair.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
37. Noting the request for legislative measures to fully guarantee the rights of sexual minorities, and in connection with the rights of persons living with HIV/AIDS, Italy recommended that Belize (e) take appropriate legislative measures in order to ensure that no person can be subject to criminal sanctions for same-sex activity between consenting adults.
56. The Czech Republic […] recommended (g) to put and end to any discrimination against same-sex sexual activity between consenting adults, in particular to review any discriminatory legislation, and to adopt measures to promote tolerance in this regard, which would also facilitate more effective educational programmes for the prevention of HIV/AIDS. It recommended that (h) human rights training with regard to the protection of the human rights of vulnerable groups, in particular women, children, indigenous peoples and persons of minority sexual orientation or gender identity, be provided to law enforcement officials, judicial officers and and all State officials.
V. Conclusions and/or recommendations
Belize accepted the following recommendations:
67. 12. Provide human rights training with regard to the protection of vulnerable groups, in particular women, children, indigenous peoples and persons of minority sexual orientation or gender identity to law enforcement officials, judicial officers and all State officials (Czech Republic).
Belize noted the following recommendations:
68. 3. Take appropriate legislative measures to ensure that no person can be subject to criminal sanctions for same-sex activity between consenting adults (Italy);
68. 6. Put an end to any discrimination against same-sex sexual activity between consenting adults, in particular by revising any discriminatory legislation, and adopt measures to promote tolerance in this regard (Czech Republic).
VI. Further information
You will find all documents relating to Belize’s first review at UPR-Info and OHCHR’s websites.