PORT OF SPAIN, Trinidad, CMC – The Trinidad-based Caribbean Forum for Liberation and Acceptance of Genders and Sexualities (CariFLAGS) Tuesday said it welcomes a ruling by the Eastern Caribbean Supreme Court (ESCS) that has declared that sections 132 and 133 of the Criminal Code criminalising buggery and gross indecency are inconsistent with various Constitutional rights protected under the Bill of Rights of the St. Lucia Constitution.
CariFLAGS said it is encouraged by this, and stands with its affiliates, the Eastern Caribbean Alliance for Diversity and Equality (ECADE) and United and Strong, “in welcoming this historic ruling”.
CariFLAGS, which describes itself as a regional nonprofit organisation made up of leading LGBTI NGOs across the Caribbean, said Justice Innocent had declared that sections 132 and 133 of the Criminal Code of St. Lucia criminalizing consensual same sex intimacy in private contravene the rights to protection of the law, privacy, life, liberty, security of the person, freedom of expression, and protection from discrimination on the basis of sex.
“This sends a strong statement that these colonial-era laws are incompatible with Human Dignity and modern democratic principles,” CariFLAGS said.
The court struck down the laws that had criminalized same-sex relations, with offenders who could have been jailed for up to 10 years.
The ESCS said two sections of the island’s criminal code that banned “gross indecency” and “buggery” were unconstitutional.
Barbados, Antigua and Barbuda, and St. Kitts and Nevis all struck down similar laws prohibiting gay sex in 2022, and Dominica also decriminalized same-sex acts last year.
CariFLAGS regional programme manager, Dane Lewis, said, “We are heartened by the reminder that our Caribbean Courts embrace an interpretation of the right to privacy which recognises the dignity of each person.
“With this ruling, the courts demonstrate extraordinary commitment to the rule of law, declaring unconstitutional any legislation criminalising sexual acts between consenting adults deemed to be inconsistent with core constitutional values of the nation, as we have seen in the OECS over the past few years,” Lewis added.
CariFLAGS said it knows that the so-called buggery law, despite not being frequently enforced in many territories, has had a far-reaching impact on, among other aspects, the quality of life and mental health of Caribbean lesbian, gay, bisexual, transgender, and queer (LGBTQ+) people who endure stigma and isolation from family members.
It said these people are also subject to social exclusion, public hostilities, discrimination in the workplace, police brutality, and sexual violence.
“We note well the trend of the Eastern Caribbean Supreme Court in declaring these provisions unconstitutional and ordering that the law be read in a way that removes discriminatory language and recognises the rights of all consenting adults, regardless of gender, affirming the dignity and humanity of LGBTQ+ individuals in St. Lucia.
“We also recognise that the reversal of the ruling based on the appeal in Trinidad and Tobago, as well as the outcome of the challenge in St. Vincent and the Grenadines, are out of step with the positive moves we are seeing in the Eastern Caribbean.”
CariFLAGS said it truly welcomes the judgement in favour of rights to protection of the law, privacy, life, liberty, security of the person, freedom of expression, and protection from discrimination based on sex, as it represents a solid step towards equality and equity for LGBTQ+ people in the Caribbean region.
”CariFLAGS calls on all governments of the Caribbean to remove archaic laws that criminalize sexual activity between consenting adults, establish human rights institutions compliant with the Paris Principles, meaningfully engage their citizenry on human rights, engage with civil society, development partners, and other stakeholders in enacting policies and laws that will protect the most marginalised communities”.
It is also calling on regional countries to “comprehensively address gender-based discrimination, violence and inequalities”.
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