Belize CeDOSTalc Report 2016-2017

INTRODUCTION 1.

2.

REDLACTRANS, 1 CeDoSTALC, 2

SITUATION OF TRANS WOMAN IN BELIZE, 4

METHODOLOGY FOR SURVEYING CASES, 5

HUMAN RIGHTS VIOLATIONS OF TRANS WOMAN IN BELIZE A. THE RIGHT TO EQUALITY AND NON-DISCRIMINATION, 5 B. THE RIGHT TO GENDER IDENTITY, 7

C. THE RIGHT TO LIFE AND PERSONAL INTEGRITY, 8 D. HATE SPEECH, 10

E. THE RIGHT TO EDUCATION, 11 F. THE RIGHT TO HEALTH, 12 G. THE RIGHT TO WORK, 12 H. ACCESS TO JUSTICE, 13

RECOMMENDATIONS TO THE STATE OF BELIZE, 14 BIBLIOGRAPHY, 16

CONTACT DETAILS, 16

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INTRODUCTION 1.

REDLACTRANS

REDLACTRANS was created in 2006 and it currently networks 25 organizations

led by trans women, promoting and ensuring that they are the ones who speak for

themselves. The network promotes the principles of inclusion and participation without

discrimination of any kind, with particular emphasis on gender equity, respect for ethnicity, gender identities and expressions, age, country of origin and socio-economic and cultural situation.

The Latin American and Caribbean Network of trans people currently works in

Argentina, Barbados, Bahamas, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Guyana, Haiti, Honduras, Jamaica, Mexico, Nicaragua, Panama, Paraguay, Peru, Dominican Republic, Suriname, Trinidad & Tobago and

Uruguay. The REDLACTRANS has a general objective, "that all trans people of Latin

America have guaranteed all their rights", and four specific objectives: 1.

Ensure documentation, systematization, complaints and follow-up of cases

2.

Promote legal frameworks and public policies that respects the rights of

3.

Strengthen the capacities of the different organizations o REDLACTRANS to

4.

Contribute to reducing the incidence of HIV in female transgender people

of violence or hate crimes against trans people.

transgender people in Latin America and the Caribbean. seek self-sustainability with programs and resources.

through prevention strategies, access to health services and active participation in national responses against HIV.

2.

Documentation Center and Trans Situation in

Latin America and the Caribbean (CeDoSTALC) In the region there is a lack of knowledge and information about the social

situation of our population. In 2015, the Inter-American Commission on Human Rights

(hereinafter “IACHR” or “Commission”) recommended to systematically collect 2

statistical information on violence against LGBT persons in Latin America and the Caribbean. In general, there are no epidemiological and socioeconomic data that facilitate comparison between countries, and the existing ones do not provide enough

information for decision-making related to the response to HIV / AIDS, taking into

account the particularities of the Trans population. These statistics indicate that one of the most extreme forms of stigma and discrimination against Trans people in Latin

America is social and institutional violence (REDLACTRANS 2009). Although violence in Latin America and the Caribbean affects the entire population, Trans people suffer

disproportionately from being victims of hate crimes and the impunity surrounding these crimes. Social stigma and discrimination increase when Trans people acquire HIV / AIDS, building an important barrier to access treatment and support services.

In response to this situation, REDLACTRANS has launched the CeDoSTALC (Center

for Documentation and Trans Situation of Latin America and the Caribbean), which

provides first-hand information from the reception of complaints about violations of human rights, particularly in the areas of institutional violence and access to health care.

The CeDoSTALC is built as a community system to collect information, monitor and

respond to the barriers that block the access to Human Rights of the Trans population in the region. In particular, CeDoSTALC focuses on the areas of institutional violence, access

to HIV and other health care services. This system is anchored in a virtual case collection platform that enables the circulation and centralization of information from the OTBN

(National Base Trans Organization) with the Regional Secretariat of the REDLACTRANS. For the implementation of CeDoSTALC, REDLACTRANS has conducted training

workshops for a Trans woman to act as a human rights violations documenter in her

country since it is the only strategy that guarantees success in documentation due to the direct approach towards its same population. Considering the achievements made by

CeDoSTALC to date, REDLACTRANS has taken the decision to expand the system to other countries in the Americas, specifically the English Caribbean countries.

REDLACTRANS recognizes the support provided by the Global Fund to Fight AIDS,

Tuberculosis and Malaria, Wellspring Advisors, Robert Carr Civil Society Networks Fund, Heartland Alliance and International HIV / AIDS Alliance during the documentation work and preparation of this report. This process has shown that working in partnership 3

between different organizations is the strategy that will ensure the continuity of

CeDoSTALC to reduce the violations of Human Rights suffered by Trans women in Latin America and the Caribbean.

SITUATION OF TRANS WOMAN IN BELIZE 1.

As highlighted by the Inter-American Commission on Human Rights in a

recent report on violence against lesbian, gay, bisexual, trans and intersex persons

(hereinafter referred to as “LGBTI”) 1 having disaggregated data and statistics on violence

against LGBTI persons constitutes “an essential tool” to assess the effectiveness of

measures to prevent, punish and eradicate this kind of violence, as well as formulating

any necessary changes in the policies implemented by the State.

2.

In the field of the political bodies of the Organization of American States

(hereinafter, “OAS”), since 2013, the OAS General Assembly has included in its

resolutions a call to the States to produce statistical information about violence on the basis of sexual orientation and gender identity with a view to fostering public policies that protect the human rights of LGBTI persons. This commitment undertaken by the

States at the International offices has been accompanied by a similar recommendation by the IACHR, who has urged the OAS Member States to “take measures and to allocate

adequate resources to collect and analyze statistical information systematically regarding

the

incidence

and

nature

of

the

violence

discrimination against LGBTI persons or those perceived as such.”

3.

and

the

However, in recent years, the human rights protection bodies in the

framework of the universal and Inter American systems have expressed their concern

for the lack of public policies with an aim to collecting and systematizing this kind of information. The lack of mechanisms for the collection at a national or local level affects

particularly trans persons, who are in a serious situation of vulnerability. The absence of

reliable information about the levels and forms of violence against our community prevents from knowing exactly its true dimension and scope. In turn, it hinders the

development of effective policies that can give a proper answer to the specific needs of Inter-American Commission on Human Rights. Report on Violence against LGBTI Persons in the Americas, 12 November 2015 OAS/Ser.L/V/II.rev.1 Doc 36/15Rev.2 1

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the trans community in each State and above all, devise strategies that may prevent violence against trans persons.

4.

It must be particularly taken into account that the final product of this

report that attempts to show the human rights situation that the trans community lives

from the collected information and does not intend to be comprehensive nor include all the situations of rights abuse or violation that may have taken place in the duration of

this project. In this regard, REDLACTRANS and TIA acknowledge and consider important the need to generate more and better examples of collection and systematization of data

about the situation of said rights. Above all, it is necessary to clarify that these efforts

made by REDLACTRANS and TIA do not intend to be a substitute of or to relieve the State

of its obligation to collect and systematize information about the violence against trans persons. Such obligation persists beyond the efforts responding to the demands of the moment that may be advanced by the civil society. Undoubtedly, the fact that the States

of the region undertake this obligation seriously and committedly is an essential part of the claims to a regional level of REDLACTRANS.

METHODOLOGY FOR SURVEYING CASES The data collection for this report was mostly undertaken by the local organization, Trans

In Action-Belize (‘TIA’). TIA is the first and only organization in Belize with a primary focus on

trans rights. TIA has its office in Belize City. For this report, we also used other methods of information gathering such as conducting interviews and meetings with trans persons living in

Belize in order to get first hand accounts of their experiences. We also considered previous reports by other local organizations working on LGBTI rights in Belize.

HUMAN RIGHTS VIOLATIONS OF TRANS WOMAN IN BELIZE A.

THE

RIGHT

TO

EQUALITY

AND

NON-

DISCRIMINATION 1.

Sections 6 and 16 of the Belize Constitution both seek to protect the right of

all individuals to equality before the law and freedom from discrimination. Section 16 5

states that no law shall make any provision that is discriminatory either of itself or in its

effect and that no person shall be treated in a discriminatory manner.

2.

Section 16 defines discrimination as:

affording different treatment to different persons attributable wholly or mainly to the irrespective descriptions by sex, race, place of origin, political opinions, colour or creed whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages which are not accorded to persons of another such description.

3.

Regrettably, ‘gender identity’ is not an expressed protected ground under

the Constitution. However, the Supreme Court of Belize has described the Constitution as a ‘living instrument’ which must be given a purposive and progressive interpretation.

Indeed, the Supreme Court of Belize adopted such an approach in Caleb Orozco v The

Attorney General of Belize 2 which found that ‘sex’ as a protected category encompasses ‘sexual orientation’. There are, therefore, strong grounds for interpreting ‘sex’ to also

include ‘gender identity’, as Belize has acceded to a number of international human rights

instruments which recognize the right to non-discrimination on the basis of ‘gender identity’. 3 4.

Furthermore, the case emanating from the High Court of Guyana, McGwan et

al v Attorney General of Guyana, 4 which would be strongly persuasive in Belize, accepted

the right of all trans-persons to express their gender identity. In construing a statute

which criminalized cross-dressing for an ‘improper purpose’, the Court held that the expression of one’s gender identity as a trans-person cannot be considered an ‘improper purpose’.

2 3 4

Supreme Court Claim No. 668 of 2010

Convention for the Elimination of all forms of Discrimination Against Women (CEDAW) Application No: 21-M, 2010

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5.

The Inter-American Commission on Human Rights has noted with concern

6.

Particularly relevant to Belize is the Commission’s insistence for the express

that “some countries have included sexual orientation sometimes referred to as sexual

preference, but have failed to include gender identity in these legal protections.” 5

inclusion of ‘gender identity’ in protective provisions despite the legitimacy of the argument that protection for trans-persons can be subsumed in the terms sex or gender.

The IACHR stresses that for the purposes of legal certainty and visibility, ‘gender identity’ should be specifically included in protective legislation and public policy.

B.

THE RIGHT TO GENDER IDENTITY

7.

TIA expresses serious concerns about the lack of any gender identity

legislation in Belize which guarantees the right of all persons, in particular trans-persons,

to rectify their registration documents to reflect their gender identity. It appears that

trans-persons are able to only change their name through the process of a deed poll but not the sex assigned at birth.

8.

The trans-community in Belize is, therefore, forced to live in the shadows of

society and in perpetual fear that, upon producing their registration and/or

identification documents, they will be subjected to ridicule, discrimination, intimidation and even violence. Trans-persons are, therefore, left at the mercy of the sensibilities of whichever authority or person has requested their registration documents.

9.

Furthermore, it has been found that the fact of bearing documentation that

does not reflect their gender identity puts trans women in a serious vulnerable situation

preventing the access to basic human rights such as the right to education, work, health,

and housing, among others. In this sense, a gender identity law is perceived by trans

persons themselves as a way of countering this historic lack of the full exercise of citizenship. National organizations in other countries of America have documented local experiences after the enactment of a gender identity law, showing that while a law does

not automatically eliminate all the factors that contribute to the situation of vulnerability Inter-American Commission on Human Rights Report on Violence against LGBTI Persons in the Americas, 12 November 2015 OAS/Ser.L/V/II.rev.1 Doc 36/15Rev.2, para. 413 5

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of trans persons, its adoption and implementation caused a noticeably positive impact on the access to rights, life conditions and quality of life of trans persons.

10.

Mexico City and Colombia, for instance, have implements ‘simple

administrative procedures’ for the amended of the gender marker in the registration documents. This means without any onerous requirements that pathologize trans

persons. The IACHR enthusiastically commended these measures and has called on all OAS states to adopt gender identity laws, which recognize the right to identity of trans persons. 6 11.

These measures underscore Belize’s underdevelopment as regards the

12.

REDLACTRANS has already stated that the lack of recognition of the right to

recognition and effective protection of trans rights.

gender identity and the impossibility of accessing identification documents that reflect

their gender identity “keep trans women invisible in the official records and systems.”

For this reason, despite its high rate of frequency, it is difficult to define precisely the

scope of human rights violations against trans women in Latin America due to the lack of specific information about this population. Likewise, the recognition of the right to freely exercise gender identity is fundamental to access economic, social and cultural

rights. In effect, the fact of bearing documentation that does not reflect their gender

identity puts trans women in a serious vulnerable situation preventing the access to basic human rights such as the right to education, work, health, and housing, among others.

C. THE RIGHT TO LIFE AND PERSONAL INTEGRITY 13.

Trans persons face harassment and violence in Belize as part of their

everyday lives. One of the common complaints is being physically and verbally assaulted by strangers on the street. Many of these, however, go unreported or undocumented,

either because victims fear further victimization by police officers or because police officers fail to take the complaints seriously.

Inter-American Commission on Human Rights. Report on Violence against LGBTI Persons in the Americas, 12 November 2015 OAS/Ser.L/V/II.rev.1 Doc 36/15Rev.2, para. 419 6

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14.

TIA takes note of the complaint documented by UNIBAM, another non-

governmental organization in Belize dedicated to addressing LGBTI issues, of an incident

which occurred in 2004. Here, a trans person was walking in the village of San JosĂŠ, in the Orange Walk district of Belize, when a group of young men began throwing bottles at her. She reported the assault to the local police, who laughed at her and failed to take the incident seriously. 7 Needless to say, there was no investigation of this matter.

15.

In 2005, a trans person in Guinea Grass village, in the Orange Walk district

of Belize, was raped by a man she knew. She did not report the sexual assault to her local police or tell her family out of fear of disgracing herself and her family.

16.

In 2010, a trans person in Guinea Grass village, in the Orange Walk district

of Belize, was raped by a drunken man wielding a machete. She did not report the sexual assault to her local police or tell her family for fear of disgracing herself and her family.

17.

In 2014, there was also a well documented case of mob violence against a

trans woman named Vanessa Champagne. This incident was widely reported by local news networks and was also condemned by the IACHR. Vanessa was the victim of a vicious attack by a flash mob in the streets of Belize City. While walking down the street

some on the passersby recognized Vanessa as a trans woman and began to pursue her,

throwing stones and hurling insults at her. What is more, is that this incident appeared to have been in reprisal to the working and visibility of UNIBAM as it came on the heels of that organization’s presentation before the Commission.

18.

It is important to highlight that the occurrence of mob attacks seems to of

particularly concern in Caribbean countries. Noting this particularity, the IACHR has condemned mob attacks in Jamaica, Belize, Haiti and St. Lucia. 8

UNIBAM. (2012). Human Rights Violations of Lesbian, Gay, Bisexual, and Transgender (LGBT) People in Belize. https://www.heartlandalliance.org/gihr/wp-content/uploads/sites/12/2016/02/belizeloipr_ha_unibam.pdf

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Inter-American Commission on Human Rights Report on Violence against LGBTI Persons in the Americas, 12 November 2015 OAS/Ser.L/V/II.rev.1 Doc 36/15Rev.2, Para. 176 8

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19.

The right to personal integrity and life are rights which enjoy Constitutional

recognition and protection in Belize. Law enforcement officials have a duty to prevent and investigate acts of violence against any member of the society.

20.

TIA also observes with serious concern the low number of complaints

received by the trans community this year, given that TIA considers that this number is

not reflective of a low incidence in acts of violence or harassment against the community but rather a reluctance to make these complaints for fear of further harassment or intimidation, or worse a normalization of rights violations in the community.

21.

The IACHR has remarked that underreporting renders everyday violence

against the community invisible particularly as regards non-lethal attacks which are hardly covered by the media and not generally monitored by organizations. 9

D. HATE SPEECH 22.

As mentioned previously, verbal attacks against members of the trans

community constitute one of the most common complaints. These attacks, which range from insults to threats of violence, aim to ridicule and dehumanize trans persons in the community.

23.

There are no laws in Belize which criminalize or address hate speech against

members of any vulnerable or protected group, such as the LGBT community. While recognizing the interests of the right of freedom of expression, the Commission has

emphasized the State’s obligation to guarantee the rights to personal security and integrity 10 and called States to identify and adequately respond to incidents of “hate

speech”. The Commission noted “there is a growing need to ensure that measures adopted to discourage intolerance …are part of a policy aimed at promoting the right to freedom of expression of everyone without discrimination”.

Inter-American Commission on Human Rights Report on Violence against LGBTI Persons in the Americas, 12 November 2015 OAS/Ser.L/V/II.rev.1 Doc 36/15Rev.2, para. 103 9

Inter-American Commission on Human Rights Report on Violence against LGBTI Persons in the Americas, 12 November 2015 OAS/Ser.L/V/II.rev.1 Doc 36/15Rev.2, para. 214 10

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24.

TIA notes with great disappointment the absence of any national initiative

aimed at raising public awareness about the situation of violence against the trans

community and promoting respect for the rights of trans persons. Furthermore, there is

also no concerted effort by public officials to tackle the treatment of trans persons in the

various governmental departments. TIA observes a general lack of education and

sensibility in the society, including public officials, on the issue of trans persons. Officials are not trained or instructed on the proper language to be used when discussing LGBTI issues or when addressing a trans person.

E. THE RIGHT TO EDUCATION 25.

As regards the exercise of the right to education, TIA notes with great

concern the lack of any initiative by the Ministry of Education to tackle discrimination in schools, whether by students, teachers or school administrators. Bullying on the basis of

actual or perceived sexual orientation or gender identity is not an uncommon occurrence in schools. However, given that many schools in Belize are religious, these incidents are severely underreported.

26.

In 2009, UNIBAM received a complaint about a 19-year-old transgendered

student, José García, in Camalote, Young Bank, who was formally threatened on multiple

occasions with dismissal from the Belmopan Baptiste School of Adult Continuing Education because, according to the school, he “acts like a girl,” “dresses effeminately,” and “uses the female bathroom.”

27.

Education plays a key role in the promotion and protection of human rights

by encouraging social and cultural change that embraces diversity and promotes

acceptance of diverse gender identities. The IACHR has called on states to implement

measures in both private and public education institutions to prevent discrimination and violence against members of the LGBT community. 11 28.

The Commission has also urged states to implement comprehensive

sexuality education in school curricular which includes a perspective on bodily, sexual and gender diversity.

Inter-American Commission on Human Rights Report on Violence against LGBTI Persons in the Americas, 12 November 2015 OAS/Ser.L/V/II.rev.1 Doc 36/15Rev.2, para. 434 11

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29.

Belize has not implemented in such comprehensive. In 2013, Cabinet

approved a Revised Gender Policy which included the recognition of the principle of non-

discrimination on the basis of sexual orientation and gender identity. This, however, has not been adopted and implemented in educational institutions.

F. THE RIGHT TO HEALTH 30.

In 2010, the Committee on the Elimination of Discrimination Against Women

(CEDAW) expressed its deep concern regarding the suffering of certain groups of

women, in addition to being affected by gender stereotypes, face multiple forms of discrimination as well as violence on the grounds such as sexual orientation and gender identity.

31.

TIA has received number of informal complaints about discriminatory acts

in the health systems in Belize, including derogatory remarks and humiliating treatment from the personnel. There is also a lack of knowledge on how to medically treat trans

persons who are in the harmonization process. These situations discourage persons from seeking further medical attention for fear of revictimization

G. THE RIGHT TO WORK 32.

There is no law that expressly protects trans persons from discrimination in

the work place on the basis of their gender identity. In this respect, the Labour Act of

Belize only protects workers against the disciplinary sanction or dismissal on the basis of ‘sex’. A purposive approach to legislative interpretation may be used to encompass

gender identity in ‘sex’. This, however, has not been decided by any court in Belize and

as such trans persons are left in a state of uncertainty and, for all intents and purposes, unprotected.

33.

Even if we accept that gender identity is encompassed in the category of ‘sex’,

there is no protection against discrimination in the recruitment process. Given the visibility of trans persons, in particularly of trans women, it is important to implement 12

effective measures that ensure trans persons’ right to work against the prejudices and discriminatory customs in society.

H. ACCESS TO JUSTICE 34.

The IACHR has defined access to justice as a de jure and de facto access to

judicial bodies and remedies for protection. Access to justice is considered as essential to the eradication of violence against LGBTI persons and as such States must apply due diligence in responding to human rights violations. 12 35.

As noted above, law enforcement officials have failed to adequately respond

to violations against the trans community based on the personal prejudice of the officers.

The IACHR noted that LGBT persons encounter numerous specific barriers to access to justice. These include: lack of adequate attention and treatment when they attempt to

report crimes; negligent and based attitudes of law enforcement personnel; stereotyped

assumptions about the motives for crimes; increased fear for further victimization or retaliation, among others.

36.

In particular, trans persons are more reluctant to report crimes because

their registration documents do not reflect their gender identity. TIA also received an

informal complaint about a group of police officers randomly requesting the

identification documents of a trans woman simply waiting for a bus. The complainant

expressed that this was done for the purposes of ridiculing and chastising her since she ‘dah wah man’.

37.

Police officers are not trained to respect the rights of trans persons in the

community. Police officers frequently insist on referring to and addressing trans persons in accordance with the sex assigned at birth and not their gender identity. Police station, thus, create a hostile environment against trans persons which result in a woeful underreporting of violations.

Inter-American Commission on Human Rights Report on Violence against LGBTI Persons in the Americas, 12 November 2015 OAS/Ser.L/V/II.rev.1 Doc 36/15Rev.2, para. 459 12

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RECOMMENDATIONS TO THE STATE OF BELIZE 38.

REDLACTRANS and TIA, therefore, makes the following recommendations:

a.

Enact

b.

Sign and ratify the InterAmerican Convention against all Forms of

The right to equality and non-discrimination a

comprehensive

Anti-Discrimination

Act

discrimination of vulnerable groups in all public service departments;

which

prohibits

Discrimination and Intolerance

The right to gender identity c.

Enact a law which provides for gender identity which sets out accessible, fast

and simple legal mechanisms, preferable administrative to allow trans persons to modify their name and sex in their registration documents.

The right to personal integrity and life and Access to Justice d.

Adopt criminal legislation that imposes proportional criminal sentences for

violent hate crimes, particularly committed because of the real or perceived sexual orientation or gender identity of the victim. e.

Ensure that hate crimes are investigated prosecuted and, where applicable,

f.

Establish mechanisms that facilitate and ensure the complaints of police

punished.

abuses and violence and the effective access to justice without discrimination or risk of retaliation against the complainants. g.

Train law enforcement officials on their obligations of respect and

protection of the rights of the trans community.

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Hate Speech h.

Enact legislation which criminalizes hate speech.

i.

Train and sensitize teaching staff, directors and other school personnel on

j.

Enact a law against school and cyber bullying that expressly provides for

Right to Education

school bullying and the rights of trans persons.

bullying based on gender identity and to implement policies of prevention and eradication of school bullying that expressly provide for trans persons. k.

Provide equality and human rights sensitization training, particularly in the

area of LGBT rights, for teachers and staff in schools, governmental officials at all levels, and in particular law enforcement officers.

Right to Health l.

Implement programs to eliminate discrimination and to improve the

m.

Establish programs of training for health teams on health, gender identities,

comprehensive healthcare system for the trans community within the health systems. human rights and attention to trans women. I Right to Work n.

Specify gender identity as a protected category against discrimination in the

o.

Provide for protection against discrimination in the recruitment process.

p.

Develop public policies that generate labor and social inclusion for the trans

Labour Act of Belize.

community according to their capacities.

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BIBLIOGRAPHY Legislation Belize Constitution Chapter 4 of the Laws of Belize Labour Act Chapter 297 of the Laws of Belize

Cases Caleb Orozco et al v The Attorney General of Belize Claim No. 668 of 2010

Quincy Mc Ewan et al v The Attorney General of Guyana Application No 21-M of 2010 Reports

Inter-American Commission on Human. Rights Report on Violence against LGBTI Persons in the Americas, 12 November 2015 OAS/Ser.L/V/II.rev.1 Doc 36/15Rev.2 REDLACTRANS (2009). "Transphobia in Latin America and the Caribbean"

UNIBAM and Heartland Aliance for Human Needs and Human Rights. “Human Rights Violations of Lesbian, Gay, Bisexual and Transgender People in Belize” https://www.heartlandalliance.org/gihr/wpcontent/uploads/sites/12/2016/02 /belize-loipr_ha_unibam.pdf

CONTACT DETAILS Ms. Leslie Mendez Attorney at Law

Email: leslie@marineparadechambers.com

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