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Jun 10, 2016

Gay Rights Activist Never Set Foot on Belize

Nigel Hawke

While Tomlinson’s case has been discharged and the government of Belize is absolved, the legal challenge is now compelling lawmakers to make the necessary revisions.  Attorney Nigel Hawke explains.

 

Nigel Hawke, Attorney General’s Office

“The application is dismissed based on state practice, right, and the fact that Mr. Tomlinson did not ever come to Belize and was turned away.  In fact, what the court was saying is that he basically was trying to preempt the states of Trinidad & Tobago and Belize.  So on that basis the court dismissed the application.  So we feel vindicated that our position all along was that our state practices are fundamentally different. The reality is we are part of CARICOM and I guess we have to look at the judgment now and take steps to see what we need to do in relation to our laws but clearly the court mentioned Article 9 which in any event supersedes the domestic provisions in our laws. From where I stand, all I can say is this, the issue in relation to community law is evolving so every now and then you might have cases coming up, but based on this one what the CCJ has clearly said in its original jurisdiction is that based on our state practice Mr. Tomlinson could not succeed.”

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