Post 224.

It isn’t often that Caribbean people who support struggles for equality get good news. On August 10, 2016, the Belize Supreme Court struck down the country’s sodomy law as unconstitutional. This is an historic victory for our region and reflects home-grown leadership and strategizing to secure greater justice through our institutions.

The movement to take a case to the courts was started by UWI Faculty, of whom we should be proud. In 2007, Jamaican legal feminist scholar Tracy Robinson, then at Cave Hill’s Faculty of Law, opened a conversation about litigation as a strategy.

Later discussion with Joel Simpson, then of the Guyanese LBGT organisation SASOD, Douglas Mendes SC, and Godfrey Smith, former Attorney General of Belize, led to the formation of the Lawyers from the UWI Rights Advocacy Project (U-Rap). However, U-Rap’s litigation possibilities were first outlined in an UWI LLB research paper by Conway Blake in 2004, and drew on Jamaican lawyer Philip Dayle’s legal assessment of laws criminalising same-sex sex in the Caribbean in 2006.

U-Rap member, Guyanese Arif Bulkan, now at the Law Faculty in St. Augustine, also worked with claimant, Caleb Orozco, a long-time LGBT activist, in this case against Section 53 of Belize’s Criminal Code. Counsel were Trinidadians Christopher Hamel-Smith and Westmin James, now Deputy Dean of the Faculty of Law at Cave Hill.

We need such fearless regionality, which included the community-based strength of Belizean LBGT and HIV Advocacy groups such as UNIBAM (United Belize Advocacy Movement ) and PETAL (Promoting Empowerment Through Awareness for Lesbian and Bisexual women), as well as Caribbean scholars and activists.

Following Chief Justice Kenneth Benjamin’s decision, Caleb Orozco is quoted as saying, “This is the first day of my life in which it is legal for me to be me.” I can’t think of a more over-due experience, one which we can imagine enslaved ancestors felt as far back as 1834 when they were first formally recognized as human. We wait to see how this momentous precedent will affect law across the region as the long struggle for full emancipation for all, and recognition of the equal humanity of all, is re-energised with hope.

In another U-Rap case, four transgender women challenged an 1893 law against cross-dressing in Guyana, arguing that it reproduced discrimination on the basis of gender. In 2013, in what LBGT advocates decried as a ‘dubious decision’, the judge ruled that cross-dressing is a criminal offense only if it’s done for an “improper purpose”, which could include prostitution. The law was considered to already allow cross-dressing to express or accentuate one’s sexual orientation. In essence, the law was reinterpreted and upheld instead of being struck down as unconstitutional.

The Belizean case also comes after decades of work by a range of groups, from feminists to scholars to HIV/AIDS activists to public health advocates, to create constitutional reform recommendations, policy positions and OAS resolutions committed to ending discrimination, inequity, stigma, vulnerability and human rights violations on the basis of sex, gender and sexuality.

Indeed, the Belize decision recognized that Section 53 of the Criminal Code, which banned “carnal intercourse against the order of nature,” and primarily targeted same-sex sexual activities, denied a right to dignity, privacy, equality and freedom.

Consenting adults of the same sex are now free from arbitrary or unlawful interference with their privacy and are due equal protection under the law, meaning simply what everyone else already expects and gets.

Key about the Chief Justice’s ruling was his view that the bill of right’s protection of sex from discrimination includes sexual orientation. This reflects part of a larger, nuanced critique of legislation that polices sexual orientation as fundamentally and unfairly policing how LBGT persons live their own conceptions of sexual rights and human rights as well as manhood and womanhood.

These legal challenges continue, pressing for discriminatory legislation to be taken off the books. Earlier this year, a CCJ ruling made clear that Caribbean homosexuals must be allowed the right of free movement within CARICOM, and that immigration laws banning their entry, for example to Trinidad and Tobago, should be repealed.

Every generation, resistance against unjust laws and policies ignites across the region. That spark burns bright, fed by last week’s decision.

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Post 228.

“On behalf of the Government and People of the Republic of Trinidad and Tobago, I wish to convey heartfelt condolences to the President of the United States of America and the American People with respect to the unspeakable horrors of the June 12th attack on an Orlando, Florida nightclub, the worst mass shooting in twentieth century US history.

Today, we urge the American people to acknowledge the national and global danger of their pro-gun culture; religiously-legitimized sexism and homophobia; embedded racism and classism against African-descended persons, people of colour and immigrants; and pervasive realities of violence against women. Violence against persons, who do not fit dominant ideals of manhood, womanhood and heterosexuality, profoundly intersects these other issues and experiences. True greatness is showing fearless will to dismantle these points where oppression and fear meet, instead making them meeting points for cross-cutting transformation.

The People of the Republic of Trinidad and Tobago recognize that members of the lesbian, bisexual, gay and transgender communities share the right of all citizens of all nations to live in conditions of safety, respect and equality, and to create spaces for affirmation, empowerment and joy. Members of these communities are part of our nations’ families, civil society organizations, workplaces, religions and schools. We understand that threat to their lives also harms those who know and love them, and whose solidarities are with them.

As the Government and people of the United States of America struggle to come to terms with this terrible tragedy, Trinidad and Tobago is also gripped by shock, sadness and outrage. This strengthens our resolve to collaborate across the region and hemisphere to fulfill the dream of full emancipation born out of the subjugation experienced, refused and resisted by so many of our resilient peoples. The lesson to us is that violence to one constitutes violence to all as it violates the hope of a world of greater justice and peace.

No doubt, members of Trinidad and Tobago’s LBGT community wish to hear even greater government commitment to ending discrimination and criminalization on the basis of gender identity and sexual orientation, knowing that such laws perpetuate the conditions for many forms of gender based violence, which harm citizens, including children, across all sexualities.

Without commitment behind them, words remain just such. They offer little genuine solace or solidarity on behalf of the nation’s representatives, highlighting above all our own fears of challenging homophobia and surviving in political life.

Acknowledging this vulnerability means being truthful about what it takes for LBGT persons to survive and thrive daily. Therefore, my government takes this moment to conscientiously state its commitment to ending the conditions within which such an American massacre becomes possible. It is not enough to say may it never happen or should never happen in Trinidad and Tobago. True leadership means taking action so that it does not. Prejudice will not keep us from acting, for our watchword of tolerance does not extend to inhumanity and inequity.

Our hearts are also heavy at the loss of so many young, promising lives. We are reminded that protection of children and youth includes those who are lesbian, bisexual, gay and transgender, for they face greater vulnerability. As Prime Minister, I assure our own LBGT young people that we honour your need for safe spaces to grow and flourish, whether in schools or other public places.

No nation should ever have to face such tragedy and it is hoped that nothing of this nature will ever befall any nation again. I call on everyone, from religious leaders to teachers, from youth to parliamentarians, to affirm a place for the human rights of all.

Join me in assuring the LGBT community that the Republic of Trinidad and Tobago will unite to treat each other as we wish to be treated, to choose compassion instead of conflict, and to tolerate and protect gender and sexual diversity as we do religious and cultural diversity. May we strengthen our resolve to create a nation where each of us is surrounded by love, and safe within our shared home.”

Dr. Gabrielle Hosein for Dr the Honourable Keith Rowley
Prime Minister of the Republic of Trinidad and Tobago