Gay sex is still illegal in this Caribbean island; Human Rights Watch wants ban repealed

The twin-island nation of St. Vincent and the Grenadines is known for its volcanic terrain, spectacular coral reefs and yacht-filled harbors.

But the tiny Eastern Caribbean country located in the Lesser Antilles also has a dubious reputation when it comes to the treatment of lesbian, gay, bisexual and transgender people: Its colonial-era gay sex ban.

The nation remains one of only six countries in the Western Hemisphere where intimacy between same-sex couples continues to be criminalized despite a movement in the English-speaking Caribbean to strike down such so-called “indecency” laws.

In a 58-page report published Thursday’ Human Rights Watch highlights how LGBT individuals are subjected to bullying and various forms of violence and harassment. Under the country’s criminal code, anal sex is punishable by up to 10 years in prison and “gross indecency with another person of the same sex” with up to 5 years.

“These laws single out consensual gay sex in the ‘sexual offenses’ section of the criminal code that is otherwise reserved for crimes like rape, incest and sexual assault,” the report said. “While there have been no recent convictions on the basis of these criminal provisions, the laws stigmatize LGBT people and create an obstacle to full equality.”

Human Rights Watch notes that while it’s unusual for the organization to focus such attention on a small country like St. Vincent and the Grenadines, the level of homophobia in the country and continued effect of its archaic law on rights of LGBT individuals warranted scrutiny.

The report’s release comes while there is currently a trial inside St. Vincent aimed at striking down the same-sex ban and as Jamaica, another country where same-sex relations are criminalized, once more finds itself in the midst of a debate over LGBT rights. Local media in Jamaica are reporting that there is currently a diplomatic row between the government and the United States after the Ministry of Foreign Affairs refused to recognize the same-sex spouse of the country’s incoming U.S. ambassador.

Jamaican Foreign Minister Kamina Johnson Smith has denied that there are tensions between her nation and the Biden administration. However, the mere implications have once more put Jamaica’s laws under scrutiny.

In addition to Jamaica and St. Vincent, gay sex is criminalized in Dominica, Grenada, Guyana and Saint Lucia.

Human Rights Watch says that the House of Assembly in St. Vincent and the Grenadines should repeal the gay-sex provisions in its criminal code and pass comprehensive civil anti-discrimination legislation that includes protections based on sexual orientation and gender identity. It is also calling on the government to initiate a public education campaign on the basic human rights of LGBT people and to develop policies “to ensure prompt, thorough, and independent investigations into crimes and discrimination against LGBT people and hold those responsible accountable, including law enforcement officers.”

“The lack of public policies in Saint Vincent and the Grenadines acknowledging the needs and capacities of LGBT people has furthered their social and economic marginalization, barring them from contributing fully to society,” said Cristian González Cabrera , LGBT rights researcher at Human Rights Watch.

Archaic laws outlawing consensual same-sex intimacy, although dormant, contribute to a climate in which discrimination and violence take place with impunity, the report notes.

The government could not be immediately contacted for reaction.

Some 30 LGBT individuals were interviewed for the Human Rights Watch report, both in person and remotely. Nearly all people interviewed reported at least one recent incident of physical or verbal abuse, threats, sexual violence or harassment, the report said. In cases where people sought the assistance of police, the authorities were not helpful and in some cases openly discriminated against them, the report said.

“Every LGBT person interviewed said they wished to leave the country and envisioned their future abroad due, in part, to the homophobic or transphobic violence and discrimination in the country,” the report said.

González said the criminalization of gay sex gives “tacit state sanction to the discrimination and violence that LGBT people experience in their daily lives and compels many to look abroad to live freely and fulfill their dreams.”