Filed in 2019, these cases contested sections 146 and 148 of Saint Vincent and the Grenadines’ Criminal Code («Criminal Code»), concerning «Buggery» and «Indecent practices between persons of the same sex» respectively. Her Ladyship Justice Esco Lorene Henry, on the 16th of February 2024, dismissed both cases completely.
This choice contrasts recent developments in independent anglophone Caribbean nations where laws outlawing private consensual same-sex relationships among adults have been deemed unconstitutional. Presently, Belize, Trinidad and Tobago, Antigua and Barbuda, St. Kitts and Nevis, and Barbados stand as independent anglophone Caribbean nations where such laws have been invalidated. Notably, Jamaica, Dominica, St. Lucia, Grenada, and Guyana still uphold laws criminalising private consensual same-sex relationships among adults, with the exception of Saint Vincent and the Grenadines.
Reflecting on the decision, Attorney Jeshua Bardoo, who is also the Founder and Executive Officer of ERAO SVG, stated, «This is a 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. Over the years, many LGBTQ+ individuals 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+ individuals in Saint Vincent and the Grenadines have migrated, sought asylum, and/or refugee status in other countries. LGBTQ+ Vincentians exist. You can’t rape, beat, bully, or pray the gay away. I urge the State of Saint Vincent and the Grenadines to repeal these archaic and draconian laws. I also encourage the State to create and enact legislation that expressly protects individuals based on sexual orientation, gender identity, gender expression, and sex characteristics, including comprehensive anti-discrimination laws. This will help ensure that Vincentians, including LGBTQ+ individuals, are better protected from harassment, discrimination, and violence in all spheres of Vincentian society».
LGBTQ+ rights advocate calls for repeal of discriminatory laws.
Established in 2021, Equal Rights, Access and Opportunities SVG Inc. is a dynamic non-profit human rights organisation committed to advancing equality and non-discrimination in Saint Vincent and the Grenadines. ERAO SVG focuses on key areas including women’s rights, children’s rights, LGBTQ+ rights, and disability rights.
Since its inception, ERAO SVG has been educating Vincentians and supporting vulnerable groups in Saint Vincent and the Grenadines. In 2023, ERAO SVG held the first Pride SVG events, organised events on LGBTQ+ rights, opened a legal clinic for domestic violence survivors, and airs an «All Vincentians are Equal» Radio and TV Ad in SVG.
ERAO SVG is dedicated to fighting LGBTQ+ discrimination in Saint Vincent and the Grenadines. LGBTQ+ laws in the country are a harmful reminder of British colonialism, impacting LGBTQ+ individuals who simply want to live peacefully and free from harm.
