ULP and NDP: Remove anti-LGBTQ+ Laws in SVG

EDITOR: On the 16th of February 2024, Justice Esco Henry delivered her judgment in relation to the Consolidated cases of Javin Johnson and Sean Mac Leish v Attorney General of SVG et al.

These cases challenged sections 146 which deals with buggery, and section 148 which deals with gross indecency between persons of the same sex. These laws criminalize various aspects of private and public consensual same-sex activity or conduct.

Throughout her written decision Justice Henry appeared to use plain interpretations of the law, had issues with the standing of the Claimants, the evidence, and the pleadings of the Claims. She also appears to have believed evidence and/or arguments from police, religious leaders, and the State over the Claimants. In the end, Justice Henry dismissed both cases in their entirety, upheld the laws on grounds of public health and public morality, and ordered each of the Claimants to pay the State EC$7,500.

This ruling sent shockwaves locally, regionally, and internationally. It is in stark contrast to decisions in similar cases internationally and regionally that have declared such laws to be unconstitutional and/or in violation of human rights. It is a travesty of justice and has significantly weakened faith in the local justice system in SVG to protect the fundamental rights and freedoms of minority and vulnerable groups in Vincentian society.

This ruling from Justice Henry means that anti-LGBTQ+ laws which are not usually enforced regarding LGBTQ+ persons who engage in private consensual same-sex acts, are valid. It is therefore possible that now or in the future, they may be enforced by the police or the State to arrest LGBTQ+ persons, many of whom engage in consensual private anal sex or other same-sex sexual acts with each other. After this ruling, to me it is very disturbing that such a judge has been elevated to the Court of Appeal in the Eastern Caribbean Supreme Court.

In light of this regressive and backwards ruling, I call upon the various leaders in SVG to protect fundamental rights and freedoms and the rights of minority groups. LGBTQ+ persons have fundamental rights and freedoms, they are a minority group within Vincentian society, and they deserve basic protection like everyone else instead of being subjected to various forms of abuse and criminalization.

I call upon the Unity Labour Party (ULP) who won the last general elections to work towards the removal of anti-LGBTQ+ laws in SVG. Amongst other things, you were elected to help protect the people of SVG, not just some, the majority, or a few, but everyone. This includes protecting LGBTQ+ people. Dr. Ralph Gonsalves, you have spoken out against violence affecting LGBTQ+ people in SVG. It is time for you to go further and not just talk, but act. Where possible, work towards removing or repealing the anti-LGBTQ+ laws to the extent that they apply to consensual same-sex sexual relations or acts between adults in private.

Even as you have condemned the violence against LGBTQ+ people, work to buttress the legal frameworks in the country to better protect vulnerable populations, including LGBTQ+ people. Create policies and civil legislation that expressly protect persons on grounds such as sexual orientation, gender identity, gender expression, and sex characteristics.

I also call upon Montgomery Daniel, Saboto Caesar, Frederick Stephenson, Camillo Gonsalves, St. Claire ‘Jimmy’ Prince, Carlos James, Curtis King, Orando Brewster, Dominic Sutherland, Luke Browne, Carlos Williams, Minerva Glasgow, Edwin Snagg, and Deborah Charles, who ran for the ULP in the 2020 general elections, some of whom won in their respective constituency, to do the same as I have advised Dr. Ralph Gonsalves above.

Moreover, I call upon the New Democratic Party (NDP), the main Opposition party in SVG, to work towards the removal of anti-LGBTQ+ laws in SVG. You too are supposed to work towards protecting the people of SVG, not just some, the majority or a few. This includes protecting LGBTQ+ people. Even though the NDP did not win the 2020 general elections, they had the popular vote. Where possible, I encourage you to work to remove or repeal the anti-LGBTQ+ laws to the extent that they apply to consensual same-sex sexual relations or acts between adults in private. Also, work to enhance the legal frameworks in SVG to better protect vulnerable populations including LGBTQ+ people. Advocate for policies and civil legislation that expressly protect persons on grounds such as sexual orientation, gender identity, gender expression, and sex characteristics.

I also call upon Terrance Ollivierre, St. Clair Leacock, Daniel Cummings, Nigel Stephenson, Fitzgerald Bramble, Benjamin Exeter, Lavern Gibson-Velox, Randolph Bernard Wyllie, Chieftain Neptune, Roland Matthews, Shevern John, Israel Bruce, Noel Dickson, and Kay Bacchus-Baptiste, who ran for the NDP in the last general elections, some of whom won in their respective constituency, to do the same as I have advised Dr. Godwin Friday above.

If in the future the NDP or another political party wins the general elections in SVG, I will hold them just as accountable as the ULP to act to address various human rights issues in SVG, including human rights issues that affect LGBTQ+ persons.

When many people from my generation and the younger generations coming up look back on this time and history they will see how the people who were supposed to be leaders acted or omitted to act on various human rights issues. Like how we now frown upon various things and people who sought to deny black people and women their rights not too long ago, we will also look back and frown upon various things and people from during this time in relation to LGBTQ+ rights in SVG.

Laws that criminalize private consensual same-sex relations or conduct between adults unequivocally violate human and constitutional rights. Religion, tradition, culture, morals, values, or even what any politician or judge has to say, cannot and should not be used to justify them.

• Author: Jeshua Bardoo is a Vincentian Lawyer with an LLM in International Human Rights Law. He is also the Founder and President of Equal Rights, Access and Opportunities SVG Inc. He can be contacted via email at jeshuabardoo@gmail.com