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11 Jun 2016 10:07 #307719
by chairman
(Trinidad Guardian) A Jamaican gay rights activist has failed in his novel lawsuit challenging T&T’s and Belize’s homophobic immigration laws.
Delivering a judgment at the Caribbean Court of Justice (CCJ)’s headquarters at Henry Street, Port-of-Spain, yesterday, CCJ President Dennis Byron and four of his colleagues ruled that while attorney-at-law Maurice Tomlinson had raised a valid issue over the discriminatory nature of both countries’ laws, his case failed as he could not prove that he had been prejudiced by them.
In his lawsuit filed in 2014, Tomlinson had admitted to having visited both countries on several occasions in the past without being denied entry but said that he has refused invitations from Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) organisations to return after he learnt of the laws. Due to his firm stance on the issue Tomlinson, who lives in Canada, refused to come to Trinidad to attend hearings of the case and testified via video broadcasting.
“He further argues that the continued presence on the statute books of legislation declaring him a prohibited immigrant is an assault on his dignity as a human being as it subjects him to a derogatory categorisation and imposes a stigma on him because of his sexual orientation,†the judges stated as they said that he was not allowed to assume that his rights may be infringed.
Tomlinson had contended that his right to freedom of movement within Caricom member States, as guaranteed by Caricom treaties, was infringed as the laws barred him entry as an openly gay man.
Central to the court’s deliberations in the case were submissions by attorneys for both countries who stated that the laws were not enforced for Caricom nationals as neither country has an official policy for its immigration officers to enquire about the sexual orientation of visitors.
“Both States submit that whatever their immigration legislation may provide or be interpreted to mean, in practice they do not prohibit and never have prohibited Caricom nationals from entering their country on the basis of their sexual orientation,†the judgment said.
“It is noteworthy that there is no evidence nor has it been suggested that T&T has as official policy a homophobic approach to foreigners or anyone else, for that matter,†the judges said as they noted that both T&T’s Extradition (Commonwealth and Foreign Territories) Act and Data Protection Act afforded protection to persons based on their sexual orientation.
Even though Tomlinson lost his case, the court held that he should not have to pay T&T’s and Belize’s legal costs as “the case raised novel questions and has contributed to the clarification and development of community law.â€
Tomlinson was represented by Douglas Mendes, SC, Westmin James and Imran Ali. Belize’s Solicitor General Anika Jackson led that country’s legal team. The T&T Government was represented by Seenath Jairam, SC, Wayne Sturge and Gerald Ramdeen.
Always tell someone how you feel because opportunities are lost in the blink of an eye but regret can last a lifetime.
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mapoui
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12 Jun 2016 09:15 #307792
by mapoui
Bullers again with their exceptionalist attitude..as if their 'suffering' is a thing of dignity and beauty and rightful above all other claims on justice.
phuck them with this stinking globalist program to make bulling an alternative and rightful place in life. Bullin' is no rightful thing. bull yuh bull but leave the res' of we out of it.
deh cyan work, live free without discrimination and protected by law from assault and so on just like everybody else. but why do we all have to constantly have make room fuh them ::confused:: ::confused:: ::confused::
dat is all the rest of the society has been doing for the longest while..making room fuh bullers. phuck dem! I have had enough of them.
if the west indies allows them to get married there and put disgusting homosexual nastiness into the school books for the children, to propagandize their young defenseless minds into accepting that insanity... I will never go back there. may the region bun' to eff dong
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Jamaica gay rights lawyer loses immigration law case against T&T, Belize
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