LGBTI rights and challenges in the Caribbean
Over the past two decades, the regional movement of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) people has achieved impressive results in contesting discrimination and violence on the basis of sexual orientation, gender identity and intersex status. According to the last edition of the State Sponsored Homophobia report published by ILGA, 124 States have no legal penalties for consenting same-sex adult sexual activity, meaning however that gay relationships are still criminalized in 72 countries and in 8 countries it can result in death penalty. There remains much work to be done to guarantee equality of LGBTI people under the law and ensure protection from violence and discrimination as well as equal access to services.
In the Caribbean region, even with some progress in recent years, respect for the human rights of LGBTI persons remain largely absent. Nine Caribbean countries have discriminatory laws against same-sex sexual acts and although these laws tend not to be enforced, their existence is used to harass and threaten LGBTI people, contributing to an environment that condones discrimination, stigma and violence. Accounts of human rights offenses against them in the Caribbean include violence and abuse from private citizens and government officials. The legal, social and economic barriers the LGBTI community faces in the region serves to marginalize and prevent them from equally benefiting from development. Moreover, LGBTI people too often are excluded from legal protections, rejected by families and communities and lack equal treatment in schools, workplaces, health care settings and the streets.
While the political environment in many parts of the Caribbean remains challenging with regards to the protection of the rights of LGBTI people, there are also positive developments such as when, in 2016, the Anti-Sodomy law was judicially struck down in Belize and the Aruban parliament passed an amendment to the Civil Code, including the option of registered partnerships for both same-sex and opposite-sex couples granting similar rights and responsibilities as marriage contracts. Recently, Bermuda’s Supreme Court overturned same-sex marriage ban, paving the way for those marriages to resume in Bermuda and on Bermuda-registered cruise ships. And just a few days ago, a ruling by a High Court Judge has enforced that sexual activity between consenting adults of the same sex should not be criminalized in Trinidad & Tobago.
The slow pace of legal reform in most Caribbean countries is also mirrored in level of acceptance regarding the rights of LGBTI persons. Action is needed on legal reform but also in working with different sectors; a whole of government response, to ensure that LGBTI individuals can participate freely at all levels of society. These are the reasons why the BLIC project seeks to increase LGBTI representation in national and regional fora, as well as to ensure access to full citizenship, so that LGBTI persons can fully enjoy the rights to which they are entitled as human beings under the core principle of leaving no-one behind enshrined in the 2030 Agenda.
