Gender & Sexuality - Tuesday, December 1, 2009 17:35

On World AIDS Day 2009, sexual minorities are still criminals in the Caribbean

By Antillean, Advocacy Desk
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December 1, 2009 marks the 21st observance of World AIDS Day, under the theme Universal Access and Human Rights. In our observance of World AIDS Day, our  call to action is to repeal laws criminalising homosexuals in the Caribbean.

When World AIDS Day was observed today in the Caribbean, ceremonial fanfare belied many governments’ fervent denial of basic human rights to sexual minorities in the lesbian, gay, bisexual and transgender communities.

While issuing official government communiqués on fighting the disease in the region – which is second only to Sub-Saharan Africa in new  HIV/AIDS infections – Caribbean lawmakers, through their silence, stood steadfastly behind laws which criminalise homosexuals, and tacitly endorsed the discrimination and stigma that work in tandem to thwart any effort to stem the disease’s spread in the LGBT community.

Today, on World AIDS Day 2009, a gay man in Barbados could still be sentenced to life in prison¹ if found guilty of homosexual acts. In Jamaica, he could be sentenced to ten years hard labour2, considerably less than the twenty five year prison sentence prescribed in Trinidad & Tobago3. Indeed, all independent Caribbean states with the exception of the Bahamas and Cuba have criminalized homosexuality to some degree, often with penalties harsher than those which exist in Ghana4, Ethiopia5 and Zimbabwe 6.

Religion, political pandering and homophobia continues to supersede human rights in the region – HIV/AIDS control notwithstanding.

Laws against homosexuality help no one

Laws against homosexuality militate against HIV/AIDS control:

A 2009 UNAIDS report found that heterosexual sex is the main driver of HIV transmission in the region, with emerging evidence indicating that substantial transmission occurs among men who have sex with men (MSM), in spite of the law. However while the law does not deter sex between men, Stephen Lewis, Director of AIDS-Free World summarizes: men who have sex with men are often disparaged, abused and discriminated against, and in order to seize legitimacy have sex with women, thus spreading the virus further into the general population.

Laws against homosexuality are a breach of human rights:

Individual rights, freedoms and protection from discrimination are enshrined to varying degrees in most Caribbean constitutions, yet are incompatible with laws criminalising homosexual conduct. In addition, the International Covenant on Civil and Political Rights to which most Caribbean states (excluding Antigua & Barbuda, St. Kitts & Nevis and St. Lucia) have either signed to or ratified has successfully been used to repeal laws against homosexuality (see Toonen vs Australia), citing violations of Article 17 (the right to privacy) and Article 26 (equality before the law).

At the very least, laws against homosexual conduct set a precedent under which sexual relations between consenting adults – whether homosexual or heterosexual – fall under the jurisdiction of the state.

Laws against homosexuality give legitimacy to hate crimes and discrimination:

While decriminalizing homosexuality will not in itself end discrimination, the process cannot begin with the laws against homosexuality still in place. Crimes against gays are tacitly legitimised by laws which brand gays as criminals, as well as the religious and irrational justifications used to support the laws’ continued existence. Legislatively protecting gays from hate crimes – another key step in ending discrimination – is also at odds with anti-gay legislation. In addition, legistated discrimination against gays further entrenches the downlow culture within the gay community – another key driver in the spread of HIV/AIDS.

Lack of enforcement is no guarantee that laws will never be enforced:

While laws against homosexuals are infrequently enforced, it is within the state’s right to prosecute persons known to be engaging in homosexual conduct. With the hefty penalty stipulated by law, gays still run the theoretical risk of being victimized for their sexual behaviour and being imprisoned on this basis alone.

Call to action

On this World AIDS Day, and throughout AIDS Awareness Month, send a message to Caribbean lawmakers that criminalising homosexuality goes against HIV/AIDS control and is incompatible with human rights.

The criminalisation of homosexuality derives from various laws and differ from state to state within the region. In Barbados, buggery is outlawed, but the stipulation is applied arbitrarily to homosexualsº. Similarly, in Trinidad ‘sodomy’ is outlawed. Jamaican law speaks specifically to criminalising men who have sex with men. For simplicity, references within this article to ‘criminalising homosexuality’ refer to the criminalisation of the gay sex act between men and/or women, on the basis that the act of consummating a homosexual relationship is illegal under interpretation of the law. Note however that some Caribbean countries do not criminalise female to female sex.

Image adapted from the World AIDS Campaign, a nonprofit established to strengthen advocacy and campaign activities targeting governments to deliver on their promises and commitments.

Related articles:

  1. The Caribbean, religion & the legislation of sexuality
  2. A Young Spin on an Old Tale: Youth and HIV/AIDS

Antillean · Bridgetown, Barbados

The Antillean is a pan-Caribbean nonprofit media outlet, covering news, features and opinions on social issues in the Caribbean region and the wider Americas. Our mission is to encourage conversation on, and enhance the visibility of, social currencies within the hemisphere – issues which are often underreported in the mainstream media.

info@antillean.org

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15 Comments

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Barbados Triv from Saint Michael, Barbados
Dec 1, 2009 19:06

This is what i have taken from your article:

1. “Laws against homosexuality help no one”

I don’t agree with this because these laws protect the wider society by decreasing the homosexual act. The virus spreads easier within men having sex with men, than men having sex with women. If this act is so rampant although there exist laws against it. Just imagine what will happen if if isn’t against the law.

2. “2009 UNAIDS report found that heterosexual sex is the main driver of HIV transmission in the region, with emerging evidence indicating that substantial transmission occurs among men who have sex with men”

One doesn’t have to be a rocket scientist to realize that heterosexual sex transmits the virus more. This is because this form of sex is preformed more often. I agree that infection is more likely to occur between men who have sex with men, because of the thin epithelium of the anus, and tends to erode, ruptures and bleeds easily.

I would also like to add that gays etc should not be subjected to hate crimes, and anyone attacking a gay person should face the laws of the land, but government has to look at the bigger picture, because the virus can be easily spread when men have sex with men, which can then spread to the wider society.

The laws therefore protect the wider society, and in so doing prevent the virus from spreading even faster than it has been.

If the laws are removed homosexuality will increase, and AIDS will increase further as well.

Barbados Asha Singh from Saint Michael, Barbados
Dec 1, 2009 19:22

What you just said was really ignorant – I just wanted you to know that.

Trinidad and Tobago SanMan_ish from Nariva, Trinidad and Tobago
Dec 1, 2009 19:24

can links to the related LAWS be placed within the article or here in the comments… i would like to know if they target homosexuality or the broader sex act… namely sodomy… anal intercourse, oral intercourse, or bestiality…

and how sure are we… as a people… that these traits are in the minority…

Barbados Antillean from Saint Michael, Barbados
Dec 1, 2009 20:03

Links and clarification added per your request SanMan.

Barbados Randy from Saint Michael, Barbados
Dec 1, 2009 21:05

Triv, I’m a gay man, and if what you’re saying is true – I’d be in heaven. A bunch of straight men suddenly turning gay when the law is removed? WOW! Let’s get on this now!

Saint Vincent and the Grenadines Dorian from Saint George, Saint Vincent and the Grenadines
Dec 1, 2009 21:58

This is a great article. It’s time more people started speaking out about this.

Triv is cracking me up. Are you for real with this? Get a clue buddy.

Barbados Triv from Saint Michael, Barbados
Dec 2, 2009 6:48

Dorian, i’m quite for real. The article itself admits that “substantial transmission” occurs between men who have sex with men, and it is for the reason i stated.

In other words it is more easily spread between MSM, than men who have sex with women.

Randy, there are men out there who are in the closet on this issue. If any laws are removed against homosexuality, some of these guys will join the rank and file.

Asha Singh, what do you comprehend me as having said?

Barbados Triv from Saint Michael, Barbados
Dec 2, 2009 6:52

One more point if i may,

Guys i don’t think you should be upset with me because the anatomy of a man dictates that the virus spread s more easily between men having sex with men. The article admits that scientists have evidence that this is true.

Barbados Triv from Saint Michael, Barbados
Dec 2, 2009 6:55

One more thought

I don’t think that World AIDS Day should be use as a cloak to legalize the gay act, because the gay act spreads the virus more easily.

Barbados Randy from Saint Michael, Barbados
Dec 3, 2009 1:21

Triv you’re not approaching this with the intellectual girth necessary for us to reply to you. But I will anyway.

(1) Unprotected sex between men has a higher rate of transmission than unprotected sex between men and women. This is known. Protected sex between men, ie. correctly using a condom for anal sex, has the same low risk of transmission as protected sex between a man and a woman.

There are other reasons that you haven’t thought about: the gay community is smaller than the straight community and in small societies this is even more true. Hence, there’s a lot of sharing going on in the gay community which could help see the virus spread. This is not a GAY issue per se, it becomes an issue of population size within the gay community.

(2) Being in the closet does not mean you sit in a corner and not have sex, hoping that laws are repealed so you can finally experience gay life! Being in the closet means you have tons of sexual encounters with men while having sex with women and cursing gays and quoting the bible to anyone who would listen. Laws and an oppressive society that force men to go in the closet also force them to maintain double lives on the downlow so sit and think about that — your woman may well have slept with a few gay men. Scared?

(3) Once again, the unprotected gay act “spreads the virus more easily”. The same protections that exist for straight people exist for gay people too. Condoms, monogamy and regular tests make sex between men and sex between women equally as safe.

Triv, you are talking out of your ass on this one.

Ethiopia Hailu from Ethiopia
Dec 4, 2009 3:02

Men having sex with men are more vulnerable to the virus than the hetrosexual one. Thus legalizing homosexuality is not a good idea in all respect (the natural anatomy of man, culture, religion etc.). Please don’t consider your campaign of gay rights as human rights issue. The law prohibiting same sex sexual intercourse is important to save the young and coming generation.

Thanks

Barbados KB from Saint Michael, Barbados
Dec 4, 2009 9:53

“Men having sex with men are more vulnerable to the virus than the hetrosexual one. Thus legalizing homosexuality is not a good idea in all respect (the natural anatomy of man, culture, religion etc.)”

Do you think gay men are not having sex because a law exists?

“Please don’t consider your campaign of gay rights as human rights issue.”

Because gay men and women aren’t human?

“The law prohibiting same sex sexual intercourse is important to save the young and coming generation.”

What does this even mean?

United States lejos del usq 6 from United States
Dec 9, 2009 22:09

Pro Homosxual Propaganda is nothing but NORTH AMERICAN COLONIALSIM– We of the Caribe & South America must REJECT THIS IMPERIALST COLONIALST EVIL– it is not natural to our morality– this homosexual-feminist propaganda has been direcetd at us for quite some time– remember that vile USA feminist-colonialist>>>>>>>>>>.Lori Berenson?? REJECT ALL THIS IMPERIALIST HOMOESEXUAL PROPAGANDA—–ARRRRRRRRRRRRRRRIBA CARIBE Y SUR AMERICA– VENEZUELA-ARRRRRRIBA
YANKEE PLEASE GO AWAY WITH YOUR BAD MORALITY ADIOS GO AWAY

Saint Vincent and the Grenadines Dorian from Saint George, Saint Vincent and the Grenadines
Dec 9, 2009 22:15

There’s really a lot more mindless hatred out there than we realize.

After reading some of these comments I fear for the future of the region – are we making any progress at all? Now gays and feminists are North American neo-colonialists? Rubbish. Utter rubbish.

United States el macho gigante from United States
Feb 23, 2010 21:34

Lejos del usa 6 I agree with your analysis that the homosexuals propaganada is north america COLONIALISM– you have hit the target with your wisdom thank you

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