The Republic of Barbados is the latest Caribbean nation to declare unconstitutional, laws that discriminate against lesbian, gay, bisexual, and transgender people. In a third case of historic precedent, The High Court of the Republic of Barbados, affirmed the constitutional rights of LGBTQ+ citizens by striking down the country’s buggery laws.
The Eastern Caribbean Alliance for Diversity and Equality (ECADE), Equals and Butterfly Barbados applauds this decision on behalf of all LGBTQ+ people in Barbados and across the Caribbean, whose privacy and security are no longer compromised by these outdated laws.
In declaring void Sections 9 and 12, Chapter 154, of the Sexual Offences Act, the High Court of Justice in Barbados, affirms the laws that criminalise consensual, private sexual acts between adults to be unconstitutional. The Honourable Madam Justice Michelle Weekes held that these sections, commonly known as buggery and serious indecency laws, contravene the constitutionally guaranteed rights to freedom of liberty, expression and protection of personal privacy.
“We are very pleased with the result of this case, which is a result of years of advocacy efforts by the community organisations as well as the litigants,” says Michael Rapley of Equals. “This is a step in the right direction for the protection of LGBTQ+ people in Barbados as we continue to ensure stigma free access to services and positive inclusion in society.” Equals joined René Holder-McLean Ramirez and Raven Gill as a claimant in this case.
Ramirez states “This is a huge win for the community and for Barbados. This has been years of work and that work still continues.”
Discriminatory Sexual Offences Laws and Criminal Codes in the islands date back to the British colonial era, and unfairly target LGBTQ+ people. Although custodial sentences are rarely imposed, those convicted under these laws can face imprisonment terms of five years, ten years or life. In Barbados, the penalty on conviction for the offence of buggery was life imprisonment. In August 2016, the Belize Supreme Court struck down Belize’s sodomy ban as unconstitutional. This heralded a series of challenges in Caribbean nations with similar laws.
Recent rulings in Antigua and Barbuda and Saint Kitts and Nevis have also declared similar laws void to the extent that they apply to persons above the age of consent who engage consensually and in private in the sexual acts described.
“This is the continuation of visible, monumental, and transformative work, to remove misleading ideas about the LGBTQ community in Barbados and across the Caribbean. As an activist who works at many intersections; women, LGBTQ, health, and social justice, working relentlessly towards total equality is my motivation,” states claimant Raven Gill, who is also the founder of Butterfly Barbados.
She adds, “Going forward, some of the next steps have to be focused on gender identity recognition. This simply means that transgender individuals are extremely vulnerable and are at higher risk of discrimination due to a lack of legislation to protect and provide safety and resources for navigating life daily for areas like but not limited to school, transportation, bank accounts, housing security, employment, and health. This outcome creates opportunities to address other issues our community faces and a chance to rectify those challenges.”
This is the third progressive judgment in a five-country legal challenge launched by ECADE in 2020.
Appearing in the case on behalf of the Claimants were Westmin James before he was elevated to the bench and Kashka Hemans who were led by Senior Counsel Douglas L. Mendes. ECADE’s partners included Veronica S.P. Cenac, Attorney-at-Law, the Faculty of Law Rights Advocacy Project (U-RAP) and Human Dignity Trust (HDT).
A decision is pending on the constitutional challenge in Saint Lucia.
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