On 5 February, Parliamentarians for Global Action organized a Regional Parliamentary Workshop on constitutional protections for LGBTQI+ persons in partnership with the House of Assembly of Barbados. The goal of the event was to connect parliamentarians with peers from other countries and civil society organizations in their region to generate and strengthen political will to advance equality, share best practices and lessons learned on reforms.
In the Caribbean, restrictions on consensual same-sex intimacy constitute infringements to the right to privacy, to personal integrity, to equal protection of the law and guarantees of non-discrimination for LGBTQI+ persons. The community is subject to physical, sexual and verbal assaults, family violence, homelessness, workplace discrimination and harassment, with limited access to justice. Courts in only six countries in CARICOM – Belize, Trinidad and Tobago, Saint Kitts and Nevis, Antigua and Barbuda, Barbados and Dominica – have recognized that criminalization of same-sex intimacy violates the human rights of LGBTQI+ persons.
Legislators play an important role in the implementation of a comprehensive framework against discrimination in access to healthcare, to housing and education and other public services. In Barbados and St. Lucia, employment anti-discrimination law is inclusive of sexual orientation and offer examples of good practices. States should adopt concrete measures to prevent violence based on sexual orientation and gender identity, aimed at improving the quality of life and ensuring the full participation of LGBTQI+ persons in all realms of public life.
At the February workshop, Hon. Arthur Holder, Speaker of the House of Assembly of Barbados, gave an overview of the decriminalization process in Barbados and reiterated his full support for the LGBTQI+ community. Hon. Valerie Woods, Speaker of the House of Representatives of Belize emphasized the importance of protecting vulnerable communities in delicate geopolitical contexts where anti-rights policies and legislation are affecting the lives and livelihoods of individuals.
Commissioner Roberta Clarke, President of the Inter-American Commission on Human Rights and Rapporteur for the rights of LGBTI persons, who provided much of the context-setting for the importance of the workshop, explained that criminalization of sexual orientation and gender identity is just one expression of prejudice that LGBTQI+ persons deal with in their daily lives. She highlighted the need to mobilize parliamentarians to support legislation that strengthens inclusion for members of the LGBTQI+ community.
Veronica Cenac, Regional Adviser Human Rights and Law, Latin America and the Caribbean, UNAIDS shared concrete recommendations to support greater constitutional protections for LGBTQI+ persons:
- Expanding grounds of non-discrimination to include sexual orientation, disability etc.
- Including economic, social and cultural rightsto implement the right to access education, healthcare, adequate housing, adequate food and clean water.
- Expanding access to constitutional justice, i.e. expanding standing requirements in public interest litigation.
- Establishing a National Human Rights Institution to enforce protections of the independence and effectiveness of regulatory and oversight institutions.
Participants from Barbados, Belize, Guyana, Jamaica, St. Kitts and Nevis, Saint Lucia, St. Vincent and the Grenadines, and Suriname shared challenges LGBTQI+ communities are facing in their countries and what actions legislators can take to address systemic barriers in the region. The exclusion, stigma and violence that vulnerable communities face daily prevent the full realization of Sustainable Development Goal 16 calling for the promotion of peaceful and inclusive societies, with full access to justice and accountable institutions.
In the closing session, Hon. Cynthia Forde, Deputy Speaker of the House of Assembly of Barbados, committed to working with local and regional civil society on equality and inclusion of LGBTQI+ persons, especially when it comes to addressing other topics such as disability.
Legislators can and must:
- Raise awareness with their colleagues about equality and non-discrimination on the basis of sexual orientation, gender identity, gender expression, and sex characteristics (SOGIESC) in accordance with regional and international human rights instruments;
- Establish and implement inclusive public policies ensuring equal access to healthcare, education, employment;
- Encourage partnerships between public and private sectors;
- Empower political leadership to tackle conversations on LGBTQI+ inclusion;
- Strengthen communication and cooperation with LGBTQI+ civil society in their country;
- Introduce anti-discrimination legislation on the basis of SOGIESC; and
- Decriminalize consensual same-sex intimacy through legislation.
Combatting stigma and discrimination is not only a matter of legislation and public policies. It is also about changing the hearts of people and such change takes place gradually, through meaningful engagement and dialogue. PGA will continue providing a safe space for parliamentarians and civil society stakeholders to discuss how to take action for the equality and inclusion of all.
