The Caribbean Vulnerable Communities (CVC) applauds the historic victory for human rights with the April 22nd ruling by the High Court in Dominica, that criminalizing consensual same sex acts is unconstitutional. This landmark decision which comes on the heels of similar decisions in Trinidad, Barbados, St. Kitts and Nevis and Antigua & Barbuda, marks a significant step further in the fight against discrimination and stigma faced by LGBTQ+ individuals across the Caribbean.
The ruling, delivered by High Court Judge Kimberly Cenac-Phulgence, declared that Sections 14 and 16 of Dominica’s Sexual Offences Act (SOA) is void because they contravened the constitutional right to liberty, freedom of expression and right to privacy of individuals, aged 16 years and older, to among other things engage in consensual sexual acts in private. Section 14 is a sweeping law, criminalizing gross indecency which is defined as any act (other than penile-vaginal sex) by anyone “involving the use of the genital organs, breast or anus to arouse or gratifying sexual desire”. The maximum penalty is 12 years in prison, if the act is committed with a person aged 16 or older. Section 16 on the other hand criminalizes buggery, which the SOA defines as anal sex between two men or between a man and a woman. The maximum penalty is 10 years imprisonment plus the possibility of forced psychiatric confinement.
In welcoming the ruling, CVC Executive Director Ivan Cruickshank noted the courageous efforts of the plaintiffs, advocates, and legal experts who tirelessly campaigned for justice. “This ruling sends a powerful message that discrimination against LGBTQ+ individuals has no place in a democratic society. It is indeed a historic milestone for human rights in Dominica and the wider Caribbean region. It affirms the principle that all individuals are entitled to equal protection under the law, regardless of their sexual orientation or gender identity. We commend the High Court for upholding the rights and dignity of LGBTQ+ individuals and call on the government of Dominica to fully respect the court’s decision,” said Cruickshank.
In reacting to the ruling, Executive Director of Eastern Caribbean Alliance for Diversity and Equality (ECADE) Kenita Placide is calling the decision a win for the region. “It is past due for the recognition of the dignity and dreams of all Dominicans. As citizens of Dominica and the OECS by extension, this is the time to acknowledge the existence of the LGBTQI community without the criminal sanction and I hope the application of protection will be improved. We are all God’s children and he loves us all equally without judgment. This is a step forward and I hope to see many more,” Placide said.
Meanwhile, Alexandrina Wong from Antigua’s Women Against Rape, who was a litigant in the case which struck down Antigua and Barbuda’s buggery laws, agrees. “The Caribbean has once again shown to the world that we are a people of resilience. Decriminalization once again has become a reality for Caribbean people. We are grateful to all actors who made this possible. We also want to say kudos to the persons in Dominica who have been preparing themselves for the outcome of this case. I congratulate them, as a former litigant myself, for their courage and for their ability to stand up and say no more. Gender equality means more than just women and girls, gender equality is for everyone,” Wong argued.
In the meantime, the CVC Executive Director is reiterating the fact that while this ruling represents a significant victory, the fight for LGBTQ+ rights across the region is far from over. He notes that CVC remains committed to supporting further efforts to remove buggery laws in other countries across the Caribbean and to creating a region where every individual can live free from discrimination, stigma, and violence.
About CVC
Caribbean Vulnerable Communities (CVC) is a coalition of community leaders and non-governmental agencies that are advocates and service providers, working with and on behalf of Caribbean populations who are especially vulnerable to HIV infection or often forgotten in access to treatment and healthcare programmes. These groups include men who have sex with men (MSM), transgender persons, sex workers, people who use drugs, orphans and other children made vulnerable by HIV, migrant populations, persons in prison and ex-prisoners, and youth in especially difficult circumstances. These groups are subjected to high levels of stigma and discrimination. They also lack the social and legal protection afforded other members of society and are socially excluded because their behaviour may be deemed delinquent, deviant or criminal.
