Caribbean: High court in St. Vincent rejects challenge to anti-LGBTQ+ laws
Ruling comes after a string of Caribbean court victories establishing LGBTQ+ rights
The High Court of the Caribbean island nation Saint Vincent and the Grenadines today rejected two multi-year lawsuits challenging the country’s anti-LGBTQ+ laws.
Attorney-at-law Jeshua Bardoo, an attorney-at-law who founded and leads the local LGBTQ+ advocacy group Equal Rights, Access and Opportunities SVG (ERAO SVG), called on the nation to repeal the laws against “buggery” and “indecent practices between persons of the same sex”. He said:
“These archaic and draconian colonial laws, though not strictly enforced, symbolically denigrate LGBTQ+ persons as second-class citizens in their own country and perpetuate prejudice and stigma against them. As a result, over the years, many LGBTQ+ persons in Saint Vincent and the Grenadines have faced physical, verbal, and emotional abuse, family violence and rejection, dropped out of school, homelessness, unemployment, workplace harassment, bullying, and sexual violence including rape and sexual harassment. They have suffered mistreatment from family, neighbors, coworkers, classmates, teachers, strangers, and even police officers.”
The ruling runs counter to a series of court decisions that have overturned anti-LGBTQ+ laws in the Caribbean. Laws against same-sex intimacy have been canceled in Belize, Trinidad and Tobago, Antigua and Barbuda, St. Kitts and Nevis, and Barbados.
The LGBTQ+ rights advocacy group Outright International stated that the ruling upholds “a ‘buggery’ law that was imposed by the former British colonial powers in an effort to control its subjects, and its existence represents an unfortunate continuation of that harmful colonial legacy. In light of the High Court’s failure to endorse decriminalization, Outright International urges legislators to take up the cause of equality and inclusion by repealing Article Section 146 of the Criminal Code.”
ERAO SVG issued the following statement:
ERAO SVG disappointed that cases challenging anti-LGBTQ+ laws in Saint Vincent and the Grenadines were unsuccessful.
(Kingstown, February 16, 2024) Equal Rights, Access and Opportunities SVG Inc. (“ERAO SVG”) is disappointed that the consolidated cases of Vincentians Javin Kevin Vinc Johnson v The Attorney General of Saint Vincent and the Grenadines et al and Sean Mac Leish v The Attorney General of Saint Vincent and the Grenadines et al were unsuccessful in the High Court of Saint Vincent and the Grenadines.
Filed in 2019, these cases challenged sections 146 and 148 of Saint Vincent and the Grenadines’ Criminal Code (“Criminal Code”), titled “Buggery” and “Indecent practices between persons of the same sex” respectively. Upon delivering the oral decision on the 16th of February 2024, Her Ladyship Justice Esco Lorene Henry dismissed both cases in their entirety.
This decision breaks recent trends in independent anglophone Caribbean countries where laws criminalizing private consensual same-sex relations between adults have been declared unconstitutional. To date, independent anglophone Caribbean countries where laws criminalizing private consensual same-sex relations between adults have been declared unconstitutional are Belize, Trinidad and Tobago, Antigua and Barbuda, St. Kitts and Nevis, and Barbados. Currently, apart from Saint Vincent and the Grenadines, laws criminalizing private consensual same-sex relations between adults still exist in Jamaica, Dominica, St. Lucia, Grenada, and Guyana.
Reflecting on the decision, Attorney-at-law Jeshua Bardoo, who is also the Founder and Executive Officer of ERAO SVG stated, “This is sad day for LGBTQ+ rights in Saint Vincent and the Grenadines. Internationally and regionally, laws similar to those challenged in these cases have been declared unconstitutional and in violation of the rights of LGBTQ+ persons. These archaic and draconian colonial laws, though not strictly enforced, symbolically denigrate LGBTQ+ persons as second-class citizens in their own country and perpetuate prejudice and stigma against them. As a result, over the years, many LGBTQ+ persons in Saint Vincent and the Grenadines have faced physical, verbal, and emotional abuse, family violence and rejection, dropped out of school, homelessness, unemployment, workplace harassment, bullying, and sexual violence including rape and sexual harassment. They have suffered mistreatment from family, neighbors, coworkers, classmates, teachers, strangers, and even police officers.
“Due to the violence, harassment, and discrimination, many LGBTQ+ persons in Saint Vincent and the Grenadines have migrated, sought out asylum and/or refugee status in other countries. LGBTQ+ Vincentians exist. You can’t rape, beat, bully, or pray the gay away. I call on the State of Saint Vincent and the Grenadines to repeal these archaic and draconian laws. I also encourage the State of Saint Vincent and the Grenadines to create and enact legislation that expressly protects persons on grounds such as sexual orientation, gender identity, gender expression, and sex characteristics, including but not limited to comprehensive anti-discrimination laws. This will help to ensure that Vincentians, including LGBTQ+ persons, are better protected from harassment, discrimination, and violence, in all spheres of Vincentian society”.
Founded in 2021, Equal Rights, Access and Opportunities SVG Inc. is an intersectional non-profit human rights organization dedicated to promoting equality and non-discrimination in Saint Vincent and the Grenadines. ERAO SVG has four main thematic areas surrounding women’s rights, children’s rights, LGBTQ+ rights, and disability rights.
Since its creation, ERAO SVG has been working to educate Vincentians and uplift vulnerable populations in Saint Vincent and the Grenadines. Regarding LGBTQ+ rights, in 2023 ERAO SVG historically hosted the first public Pride SVG events in Saint Vincent and the Grenadines, has conducted various online and in-person events surrounding LGBTQ+ rights, launched a legal advice clinic to support victims/survivors of domestic/gender-based violence, and currently has an “All Vincentians are Equal” Radio and TV Ad being broadcasted in Saint Vincent and the Grenadines, etc.
ERAO SVG remains committed to promoting equality and non-discrimination in Saint Vincent and the Grenadines. Saint Vincent and the Grenadines’ anti-LGBTQ+ laws are a dark legacy from British colonialism. The existence of these laws stigmatize and disadvantage LGBTQ+ persons in Saint Vincent and the Grenadines, many of whom only want to live their lives in peace with dignity and respect, free from harassment, discrimination, and violence.
Outright International issued this statement:
Saint Vincent and the Grenadines Court Rejects Bid to Decriminalize Same-Sex Conduct
New York, USA – February 16, 2024 – Outright International expresses deep disappointment at the recent decision of the High Court to reject the bid to decriminalize same-sex conduct in Saint Vincent and the Grenadines. This outcome represents a missed opportunity to uphold the human rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals and promote equality and non-discrimination.
“The rejection of the bid to decriminalize same-sex conduct in Saint Vincent and the Grenadines is a huge disappointment and significant setback for LGBTQ rights in the country,” says Maria Sjödin, Executive Director of Outright International. “We urge the government to reconsider its position and take meaningful steps towards ensuring the full protection and dignity of all citizens, regardless of their sexual orientation or gender identity.”
The High Court ruling risks perpetuating the stigmatization and discrimination faced by LGBTQ people in the country. The ruling upholds Section 146 of the Criminal Code, a “buggery” law that was imposed by the former British colonial powers in an effort to control its subjects, and its existence represents an unfortunate continuation of that harmful colonial legacy. In light of the High Court’s failure to endorse decriminalization, Outright International urges legislators to take up the cause of equality and inclusion by repealing Article Section 146 of the Criminal Code.
As has been documented by organizations such as Human Rights Watch, LGBTQ people in Saint Vincent and the Grenadines face employment discrimination, widespread violence and discrimination, and negative experiences with law enforcement, underscoring the importance of decriminalization.
Decriminalization is crucial to creating an inclusive society for all Vincentians. Inclusive laws can facilitate the government’s ability to combat homophobic and transphobic discrimination in various sectors, such as work and education, and strengthen the rule of law for all residents.
Outright International calls on the Parliament of Saint Vincent and the Grenadines to prioritize protecting and promoting LGBTQ rights in line with international human rights standards. It is imperative that the government takes concrete actions to ensure the full realization of human rights for all its citizens, regardless of sexual orientation or gender identity.
