The Safety, Legal Protections, and Social Inclusion of LGBTQ People in the Caribbean in 2018

Arcus commissioned this report in the context of strategic planning of its Social Justice Program. The report was commissioned as part of an effort to learn about LGBTQ communities in Arcus’ focus geographic regions and countries, where the foundation aims to increase safety, legal protections, and acceptance and inclusion. The following information reflects the opinions of its authors and not necessarily those of Arcus. Arcus uses some but not all of the findings to guide grantmaking decisions. THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 Table ofContents

II. I. Introduction...... IV. III. Methodology......

3. Conclusions...... 2. FundingLandscape...... and Recommendations...... Analysis OfTheRegion:Challenges,Opportunities, 1. ChallengesInCurrent Funding...... 2. Recommendations Geographical Scope...... The CaribbeanRegion...... 1. OverviewOfTheRegion...... 2.2. Country-Focus 2.1. Theme-Focus 1.4. CivilsocietyorganizationsintheCaribbean 1.3. Therole ofreligion intheCaribbean 1.2. Recentsocialandpoliticalchanges 1.1. Litigationagainstlegislationcriminalizingsexualityandgenderexpression ......

...... 12 4 7 8 8 8 1 3 2 4 4 9 7 8 5 6 THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 needs and opportunity analysis”needs andopportunity Through theconsultancy, theArcus Foundation sought “a tions andtheirnetworks. and 4)any to opportunities cross-movement support coali- this work, 3)thecurrent baselineforthechanges they seek, changes they seek,2)theirexisting capacity to undertake nual budgets andfunding neededto advance theanticipated organizations, taking into account 1)theirapproximate an- potential funding grant over afive-year period,forspecific acceptance and inclusion). Theserecommendations apply to alignment withitsthree goals (safety, legal protections, and changes thatthefoundationshouldconsider fostering in 2 and only anonymous quotes have beenretained. interviews have beenremoved from thispublicversion, furthering thefoundation’s strategy. References to specific for where Arcus’ resources would have themostimpactin report andaconsolidation ofSynergía’s recommendations publication isasummaryofthemainconclusions ofthat civilsupport societyorganizations ontheground. This recommending ways inwhich Arcus canmosteffectively its grantmakingstrategy intheCaribbean, identifying and consultancy thatwould informArcus’ implementationof Synergía In July 2018, theArcus Foundation (“Arcus”) engaged thatidentifiedpotential 1 –Initiatives forHuman Rights (“Synergía”) ina I. Introduction Summary

PAGE 1 the individualsororganizationsreferenced. and combinationsonthefollowingpages dependingontheiruseby Transgender, QueerandIntersexpersons—appearinvarious forms toLesbian,Gay,The lettersoftheacronymLGBTQI—referring Bisexual, but withestablished focusareas.” as Arcus intends to groups support across theentire region, recommendations basedontheirresearch andexperience, As Arcus indicated, “consultants may make otherconcrete where needsand/or thepotential forchange are greatest. mix ofcountries andprioritythemesintheCaribbean region Arcus asked Synergía to identifyatleastthree countries ora strategy fortheCaribbean region. Arcus to consider inthefoundation’s development of its identified a combination of countries andprioritythemesfor 3 In this report, Synergía Inthisreport,

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 potential forelevating domesticadvocacy through strategies prioritize sovereign countries. Only sovereign states holdthe an effective strategy forseeking change regionally should In Synergía’s experience, given thelimitationofresources, be included inArcus’ strategy fortheCaribbean region. under U.S. domesticgrantmaking processes andshouldnot viewpoint thattheU.S. territories shouldbegiven priority the jurisdiction ofEuropean countries. Synergía takes the territories andintegrated areas ofothercountries. quently divided into 16sovereign states region, forthepurposesofthisproject theregion was subse Using asthebasisfordefining theseparameters theCaribbean America(Frenchin South Guyana). Guyana,(Belize, andSuriname), andtheremaining territory (CARICOM) countries America locatedandSouth inCentral speaking), theCaribbean CommunityandCommonMarket countries andterritories, English, Spanish, andFrench Caribbean region includes allCaribbean islands(sovereign sovereign territories. For thepurposeofthisconsultancy, the scope thatincludes awidearray ofcountries andnon- language, andpoliticallegal systems, withageographic The Caribbean region iswidely diverse interms ofhistory, all butPuerto Rico andtheU.S. Virgin Islands 16 dependentterritories/integrated areas ofothercountries, I I . GeographicalScope 4 and16dependent 6 fallunder 5 Ofthe -

PAGE 2 American States (OAS), linked to regional bodies, such astheOrganization of broader catalyzing effect across the region ismuted. thus, thepotential forinvestments intheseplaces having a territories tends to have limited impactonsovereign states; jurisdiction falls. Further, legal change thatoccurs independent far from thesovereign states underwhich theseterritories’ regional multilateral spaces because they are located to the region. Dependentterritories lack access to such common in turn,might have acatalyzing effectinother countries in change ismore likely to occur insovereign countries, which, such asclimate change, itsview isthatlegal andpolicy discrimination, socioeconomic exclusion, andotherfactors, andqueer(LGBTQ)trans peopleinterritories are affected by While Synergía acknowledges thatlesbian, gay, bisexual, effecting change. ofHumanCourt Rights (IACtHR) increase for opportunities Commission onHuman Rights (IACHR) andtheInter-American the CaribbeanofJustice Court (CCJ), theInter-American institutions, such asjudicial andquasi-judicial bodieslike Caribbean. grouping ofislandsspread10-member across theEastern the Organization ofEasternCaribbean States (OECS), a also thepotential forelevating domesticadvocacy within institutions, such asCARICOM. 9 Organizational tiesto regional andsub-regional 7 orto multilateral Caribbean-specific 8 Sub-regionally, there is

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 missions, andgoals. get more information about theirorganizations, budgets, activists from theselected countries orthematicareas to clarification survey andashort that was sent to specific interviewed individuals informationand/or forfurther the region. Phase IVincluded follow-up emailinquiriesto as well work thatsupport aswithanumberoffunders in interviews withstakeholders withacountry-specific scope regional expertise. Phase IIIfocusedonconducting phone which included experts (academicsandactivists) withbroad identified stakeholders, withbroad regional engagement, conducting deskresearch andphoneinterviews with discussed withandapproved byArcus. Phase IIinvolved list ofcontacts, andproposed budget. Thisplanwas methodology, meansofdatacollection, proposed timeline, preliminary consultancy plan,which included adetailed preliminary findings. Phase I consisted ofdraftinga exchanges withArcus throughout theconsultancy to discuss research, interviews, survey, ashort andanumberof Synergía’s methodology included acombination ofdesk Arcus’ attention. to Arcus. Thefull report ismeantto beconfidential for provided, andsubmitting afinal withannexesreport discussing itwithArcus,report, incorporating feedback 10 Phase Vconsisted ofdrafting the III. Methodology III. Methodology PAGE 3 themes, asexplained inthissummaryoffindings. prioritize organizations inamixofcountries andregion-wide structured itsanalysis to include recommendations to issues, anditsdirection Synergía onthescope ofthereport, within LGBTQ communities,” itsfocusontransgender Considering Arcus’ focuson“groups pushedto themargins for LGBTQ humanrights. effective platformsfor building acriticalmassofsupport for supporting cross-movement coalitions andnetworks as populations thatare leftatthemargins, and5)opportunities change ispossible),4)theneedto address situationsor (the importance ofdiversifying thepoolofcountries where country),that particular 3)diversity ofthefunding pool ingeneral,sub-region fostering oreffecting change beyond in onecountry potentially impacting othercountries orthe 2) likelihood ofa“catalyzing effect”(thepossibilityoffunding which long-term change canbeachieved andsustained), strengthening (investing inorganizational structures on to conduct theanalysis: 1)potential fororganizational the region. Synergía usedthefollowing guiding principles ownanalysis basedontheirlong history of working in staff’s tioned methodology andwas complemented bytheSynergía The final submittedreport to Arcus followed theaforemen-

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 “carnal intercourse against theorder ofnature.” 53oftheCriminalCode,whichdown Section criminalized down inAugust 2016, theSupreme struck ofBelize Court should notchange theoverall outcome ofthecase. ofAppeals,Court which isstillpending asofNovember 2019, expression andsex-based discrimination), a decisionbythe by theattorney general onvery limited terms (freedom of on remedies inthiscasewas heldin September 2018, and Tobago butwho currently lives intheU.K. Ahearing of theplaintiff, Jason Jones, anactivist bornin Trinidad ization of same-sex intimacy in Belize should stand. intimacy inBelize ization ofsame-sex the ruling declaring theunconstitutionality ofthecriminal request; thus, “thejudgment remains in fulleffect.” between two menwere unconstitutional, prohibited consensual “buggery” and“serious indecency” established thatsectionsoftheSexual Offences Act that In April 2018, theHigh inTrinidad Court andTobago criminal provisions inotherjurisdictions. cases intheregion, motivating otherlitigants to challenge This decisiongenerated momentumforthelitigation ofother code provision criminalizing LGBTQ people in theCaribbean. This wastimea thefirst hadstruck court downacriminal In Caleb Orozco v. Attorney General The ofBelize, serious indecency, orbuggery criminallaw provisions. intimacy,criminalize same-sex eitherthrough gross indecency, in theEnglish-speaking Caribbean stillmaintainlaws that non-normative gender orsexuality, themajority ofcountries the Caribbean have nolaws specifically criminalizing While Spanish, French, orDutch-speaking countries in sexuality andgenderexpression 1.1. Litigationagainstlegislationcriminalizing 1. OverviewoftheRegion adults inprivate.” so thatitdidnotapply to consensual sexual actsbetween Justice read ordered down Benjamin 53“be thatSection ontheground ofsex.non-discrimination Onthisbasis, Chief without discrimination,freedom ofexpression, privacy, and dignity, equalitybefore thelaw, equalprotection ofthelaw criminal provision violated Orozco’s constitutional rights to decision, ChiefJustice Kenneth ruledthatthis Benjamin days, pending anappeal. which government asked fora“stay” oftheruling for45 13 Although appeal apartial was filed 18 Justice deniedthe Rampersad I V . TheCaribbeanRegion 16 ruling infavor 12 11 Inits handed 14 19 15 Thus, 17 The at -

PAGE 4 same-sex intimacy.same-sex alsoregardingBarbados, thedomesticlaw thatcriminalizes In August 2018, apetitionwas filedbefore theIACHR against A joint decisionontheadmissibilityandmeritsispending. representatives from Jamaica during thispublichearing. and Barbuda, Grenada,and Barbuda, andSaintLucia. Caribbean region: SaintKittsandNevis, Barbados, Antigua challenges to thelaws infive Easterncountries inthe intimacy inSaintVincent andtheGrenadines. exiled menfiledthedomesticlaw criminalizing same-sex “they donotappear to want itexpedited.” of appeal withinthestatutory window, butthatnevertheless thatthe governmentin thiscase—confirmed fileditsnotice local activist—albeit withlimited contact withtheplaintiffs publicly available onwhether such anappeal was filed.A ity andmeritsonNovember 11,2019. before theIACHR, was heard bytheIACHR ontheadmissibil that was initially filedin2011,also concerning Jamaica Inter-American humanrights instruments. Asimilarcase whether theselegal provisions are inviolationofthe pending adecisiononthemerits, which willdetermine acts” between meninJamaica. of 1864thatcriminalize“buggery” and“gross indecency against thesectionsofOffenses Against the Person Act (“admissibility report”) onapetitionthatwas filedin2011 In July 2018, theIACHR adopted apreliminary decision intimacy intheCaribbean. criminalizing same-sex developments regarding challenges to thedomesticlaws In thelastcouple ofyears, there have beenadditional law inDominica, international organization announced achallenge to the intimacy inseveralsame-sex countries intheregion. An ongoing orfuture litigation against thelaws criminalizing Further, in2019 there were several announcements of yet to beadmitted bytheIACHR. appeal against thisruling, attorney general’s office announced itsintention offiling an signaled itsapproval ofthisdecision. However, theCatholicChurch inTrinidad andTobago while simultaneously criticizedbyconservative groups. this decisionwas hailedasamajor victory byLGBTQ groups that itplansto filea challenge to theGuyanese law as well. local organization inGuyana announced inNovember 2019 26 andalocalorganization announced 25 As of November 2019, thiscasehas 20 butthere islimited information 23 Thecaseiscurrently 24 22 There were noState 27 InJuly 2019, two 21 As expected, 28 Finally, a 29 - THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 throughout theworld, andthePrime Minister ofGuyana. and otherpotentially vulnerablepeople.” from thesameperiodmight beusedto target transgender the defunctlaw, andthatotheranti-vagrancy offences dating were concerned thatpolice might notimmediately stop using one thatposesnothreat to publicsafetyororder.” rights denied,merely onaccount ofadifference, especially one shouldhave hisorher dignity on,orhuman trampled In thisdecision,Hon. Justice Adrian Saunders affirmed“[n]o Guyana.” different timethatnolonger served alegitimate purposein another gender] andconcluded thatitwas alaw from a applied[being to wearing theclothes associated with at thehistorical context ofthispost-slavery vagrancy law co-founder ofGuyanaco-founder Trans United), including Gulliver McEwan (thefirst-named litigant and decision hasbeenhailedasacriticalsuccess bythelitigants— pendence. challenges to alllaws thatwere inforce atthetimeofinde clauses arguably, that, afford immunityfrom constitutional andTrinidadBahamas, andTobago contain savingslaw The constitutions ofBarbados,Guyana, Jamaica, The penalty v. suit(NervaisandSeverin R), unconstitutional asavings law clause death inaBarbados decision bytheCaribbeanofJustice Court (CCJ) thatdeclared as several interviewees forthisproject indicated, arecent countries to bechallenged through thecourts. However, criminal provisions intimacy againstinthose same-sex Attorney General ofGuyana, onNovember 13, 2018. the sameregional theCCJ, court, inMcEwan v. andothers “the cross-dressing law”) was declared unconstitutional by gender “foranimproper purpose” (generally referred to as use ofclothing traditionally associated withanothersex or Furthermore, Guyana’s criminalprovision outlawing the the Constitution.” be regarded assaved from being declared inconsistent with of Guyana and, therefore, section153(1)(xlvii) isnolonger to mination isequally applicable to thelaws andConstitution invalidity forinconsistency with theConstitution.Thisdeter does notmake existing laws immunefrom of declaration that thesavings law provision intheConstitutionofBarbados instant appeal was argued, hasnowdefinitively established vR,114deliveredNervais andSeverin just oneday before the decisionin In thisdecision,theCCJaffirmed“[t]hisCourt’s tional aswell. might bespace forbuggery laws to bedeclared unconstitu 38 30 Despite thisjudicial victory, “activists saidthey As such, savings law clauses would prevent 32 37 IntheMcEwan case,theCCJ“looked 34 31 LGBTQ groups signals thatthere 39 33 This 35 36 - -

PAGE 5 May 2018andherLabour won Party allseatsinParliament. smear campaign, shewas elected withalandslidevictory in Although hersexual orientationwas thesubject ofapublic are notnecessarily ontheseleaders’ politicalagendas. opening even upopportunities when LGBTQ policy changes necessarily prevent from theseleaders winning elections, leaders, even when publicly knownanddiscussed,doesnot This demonstratesthatthesexual orientationofpolitical Tobago andGuyana because ofthe cases being litigated. Currently, there isexcellent momentuminTrinidad and celebrating “Coming OutWeek” since 2011, time. for thefirst For example, while Suriname hasbeen seen anincreasing numberofprideevents take place, many In recent years, various countries intheCaribbean have 1.2. Recentsocialandpoliticalchanges prohibition of“buggery” and“serious indecency” of theSexual Offences Act unconstitutional—including activist who lives abroad, theruling, which declared sections the High inTrinidad Court andTobago byaTrinidadian Arguably linked to thefactthatcasewas brought before of LGBTQ rights intheCaribbean region andbefore regional its current conservative opposestheadvancement leadership progressive for a numberofrecent politicalleadership years, in any direction. However, politicallandscapes canchange quite dramatically saw pride itsfirst event in2015, learned from theJason Jones v. theAttorney General case. possible. Inthissense,someactivists referred to thelessons the community soasto avoid backlash, inasmuch as thatareefforts implemented within,andhave buy-in from, stressed thatlitigation shouldbeaccompanied byadvocacy Finally, anumberofinterviewed experts andactivists a quite conservative sociopoliticalenvironment. conduct in1991,decriminalized same-sex butstillmaintains may take alonger period,asseeninTheBahamas,which social stigma. intheregion transformation Sociocultural and abuses suffered by LGBTQ peopleinthe region due to situation ofmarginalization andhumanrights violations However, such changes are notsufficient toimprove the Barbados, a huge backlash inTrinidad. Mottely was recently elected Prime Minister ofBarbados. The politicallandscape isalsochanging positively. Mia pride their first events in2018. 46 Trinidad andTobago, 52 For example, while SaintLucia hasseen 43 45 countries such as 47 andGuyana 44 andJamaica 48 42 had —caused 51 40 49 41 50

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 fast.” where socialnetworks are tight and informationtravels to comeafraid outintheir typically communities, close-knit cornerstones ofsociallife.Interviewees saidthatthey were faith-based leaders asindirectfaith-based leaders opposition orhostiletoward that localorganizations generally perceive churches and allies, andsecularalliesisincreasing. It becameevident orwhetherleaders collaboration among LGBTQ people,faith about organizations’ degree ofengagement withfaith-based information thatarose through interviews anddeskresearch conducting research forthis consultancy was thelimited role ofreligion intheCaribbean. Among thechallenges to Arcus asked Synergía to conduct specific research on the 1.3. Therole ofreligion intheCaribbean homosexuals compared withinformantsfrom Guyana.” and Tobago andSaintVincent were more likely to ‘hate’ and SaintLucia; informantsfrom Grenada, Trinidad were lesslikely to ‘hate’ compared withthosefrom Guyana multi-variate model,informantsfrom Suriname andBelize Lucia, andSuriname), Belize, concluded onthe that“based Vincent, Grenada, Trinidad andTobago, Guyana, Saint a 2017 study across seven countries intheCaribbean (Saint Levels ofhomophobia vary across theCaribbean. For example, Caribbean. all have adire impactonLGBTQ peopleandyouth inthe based bullying, mentalhealth issues, andotherchallenges remain pervasive. Homelessness, job insecurity, school- discrimination against LGBTQ peopleintheCaribbean ofLGBTQtions insupport humanrights, violence and Despite theaforementioned trend inmore- publicdemonstra of opportunity. allowing localmovements to “seize themoment”inatime built over thelong-term, butwithoutsacrificing dexterity, recognize thattheirinvestments mustallowforchange mind when considering funding decisions: must Donors political bodieslike theOAS. to Thisisimportant keep in and discrimination. intimacyagainst face high same-sex levels ofviolence be.” in theirlives because they are LGBTQ orwere suspected to “described being byfamily harassed atsomepoint members Nevis, SaintLucia, SaintVincent, andtheGrenadines) Barbados,Dominica,Grenada,Barbuda, SaintKittsand seven countries intheEastern Caribbean (Antigua and and Equality(ECADE), 41 LGBT-identified from persons Rights Watch andtheEastern Caribbean Alliance forDiversity 54 55 Thisreport alsonoted that“family andchurch are Even countries thathave nolaw thatcriminalizes 53 According to arecent publicationbyHuman 56 57

PAGE 6 homosexual desire.” as being subjected to exorcism thedevils to of “banish and violence withintheirreligious communities, such peoplehaveSome experienced very discrimination harsh ated them from family andtheircommunities.” members local pastors reinforced theprejudice thathadalready alien- experienced family rejection onreligious grounds saidthat is often grounded inreligious belief;“LGBT peoplewho LGBTQ individuals withintheirfamiliesandcommunities For example, theorganization World Congress ofFamilies criminalizing same-sex intimacy inGuyana.criminalizing same-sex has reportedly urged thereview ofthelegal provisions who leads theAnglican faithinGuyana andSuriname, a moral oneorreligiousa moral one.” may bemore acultural thingthanalegal rather one,oreven reluctance oftheformercolonies to abandon sodomy laws of homosexuality. In general, churches intheCaribbean are notaccepting sexuality among them.” containing solutions to varied humanchallenges, with are to bemeasured, especially issues. moral It isseenas theBibleisyardsticknot, bywhich allhumanissues vast majority ofourpeople,whether they attend church or the West Indies, inOctober 2017 “intheCaribbean, among a highlighted byRev. Dr. John Holder, formerArchbishop of Religion plays akey role inCaribbean communities. As limited inscope andimpact. LGBTQ people.Thus, organizations’ work inthisregard is tion insomejurisdictions andpending litigation inothers. region is witnessing bothsuccessful atdecriminaliza- efforts events to promote theirviews, particularly nowthatthe and increase thevisibilityofanti-LGBTQ rhetoric byhosting Caribbean governments are attempting touppressure ramp Opposition andanti-LGBTQ groups withclose tiesto some in theCaribbean. 2017, recently have madestatements against sodomy laws some who attended aconference organized inJamaica in However, somereligious intheCaribbean, leaders including by Rev. Dr. Clinton Chisholmfrom Jamaica. appearance by SaintLucia’s foreign minister), andin including oneinSaintLucia in2017 (thatfeatured an has heldseveral regional conferences intheCaribbean, by civil authorities.” adult mustnotbetreated persons ascrimesto bepunished Church inDominicaaffirmedthat“free sexual actsbetween Bishop Gabriel Malzaire, theheadofRoman Catholic 61 59 For example, Dr. Holder affirmed:“the Discriminationandprejudice against 64 60 Similarstatements have beenissued 58 62 BishopCharlesDavidson, 65 63 In2013, 67 66

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 the North. conference was mostly attended byreligious from leaders Caribbean were invited butdidnotattend. Overall, the attended theconference. Evangelical from leaders the and from theEvangelical Church from theUnited States from theAnglican andAdventist Church from theCaribbean intimacy andto buggeryof same-sex laws. Representatives talk publicly about theiroppositionto thecriminalization tive ofthisconference was to encourage religious to leaders Antigua andBarbuda. “We needto engage withthosewho opposeusthemost.” reported thatthey engage withreligious leaders. ECADE states, Caribbean Alliance forDiversity andEquality(ECADE), Intimate Convictions conference HIV/AIDS Legal NetworkinToronto) (based organized the Caribbean hasbeenlimited. InOctober 2017, theCanadian Engagement ofLGBTQ groups withreligious inthe leaders outspoken following thepridecelebration inJuly 2018. and evangelical groups have become more aggressively 72 Local organizations, such astheEastern 68 InGuyana, anti-LGBT churches 70 inJamaica. 71 Theobjec 69 73 -

PAGE 7 Acceptance andSexualities, ofGenders Human Rights, andLabor through theGlobal EqualityFund. and theU.S. State Bureau Department’s ofDemocracy, Caribbean, including theAstraeaFoundation; USAID; UNDP; areA numberofdonors supporting SOGIEwork inthe 2. FUNDINGLANDSCAPE Communities, with aregional focusinclude: Caribbean Vulnerable haveothers aregional focus. orsub-regional Organizations of theseorganizations work atthecountry level, whereas funded primarily through HIV/AIDS programs. Anumber expression (SOGIE) issues. Thesegroups initially were working onsexual orientation,gender identityand There are several civil societyorganizations intheCaribbean 1.4. CivilsocietyorganizationsintheCaribbean Caribbean Trans Network. Eastern Caribbean countries andterritories. network focusing onSOGIEadvocacy andlitigation in 74 theCaribbean Forum and forLiberation 76 ECADE isanewly established 75 andtheUnited 77 THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 as there willbeaperception work thatnofurther isneeded. between consenting adults, thisdonorinterest willevaporate intimacythat ascountries begin to decriminalizesame-sex human rights andLGBTQ donors, a numberofactivists fear While recent years have seenanincrease infunding from Suriname, are already witnessing theimpactofthistrend. in theCaribbean, including Guyana, thoseinBelize, and cantly limitthework ofLGBTQ groups. Several organizations domestic financing oftheHIV response, stands to signifi- the Caribbean, coupled withchallenges intransitioningto ty to manage project funding, isconsidered bysomelocal factor, together with ageneral lack ofadministrative capaci- limited access to This flexible, operatingsupport. general Also, historically, Caribbean LGBTQ organizations have had countries. does notallowforsustainedfunding to uppermiddle-income of thelargest intheregion, HIVfunders yet itseligibility policy Fight AIDS, Tuberculosis andMalaria(GFATM) hasbeenone restrictive avenue isshrinking. ofsupport TheGlobal Fund to LGBTQ organizations, to opportunities attain thismore Moreover, while HIVfunding remains centralto many regard to humanrights violations andabuses. which canchallenge grantees government, especially in with government. Thisrequirement canlimittheextent to alsonormallygrants require thattherecipients collaborate a numberofregional experts who were interviewed, HIV other menwho have sex As withmen (MSM). reported by that address theneedsofgay individuals, men,trans and Relative to SOGIE-related work, thislimitsfunding to groups organizationssupports working withkey populations. human rights–based approach. HIVfunding generally health service provision; yet,they have beenweak intheir their work hasprimarily focusedonHIVprevention and most organizations studiedhave beenreceiving HIVfunding, and remains akey target offunding forthiswork. Because historically beentheentrypointforcivil societyorganizing on SOGIEandhumanrights intheCaribbean. HIVhas challenges regarding funding andexecution ofprojects Synergía onitsassessment, Based identifiedanumberof 1. ChallengesInCurrent Funding Opportunities, andRecommendations V. AnalysisoftheRegion:Challenges, 78 GFATM’s gradualwithdrawal from funding in

PAGE 8 LGBTQ movements intheregion. activists akey reason fortheunderdevelopment ofthe that theissuesaffect lives individuals oftrans and working intheCaribbean have beenslowto acknowledge or MSM andHIV-basedor MSM projects. been financially supported separately from gay-led groups Traditionally, work individuals supporting trans hasnot and queerwomen countriesoftheregion. across all peopleand lesbian,with afocusontrans bisexual, cally, to marginalized groups withintheLGBTQ movement, Synergía recommends that funding beprioritized,themati- 2.1. Theme-Focus that prioritizesamixofbothcountries andthemes. conducted, Synergía recommends afunding strategy research conducted, thenumerous and6) interviews of three countries oramixofcountries andthemes),5)desk of reference of thisconsultancy (i.e., identifying amaximum flows and related challenges intheCaribbean, 4)the terms cross-movement coalitions andnetworks), 3)current funding lations thatare leftatthemargins, for andopportunities the funding pool,theneedto address situationsorpopu sustained, likelihood ofa“catalyzing diversity effect,” of structures onwhich long-term change canbeachieved and defined (potentialabove forinvesting inorganizational protections, and acceptance andinclusion), 2)thefive criteria Taking into account 1)Arcus’ three goals (safety, legal 2. Recommendations and health-related funding. groups there have alegacy ofbeing able to absorb HIV in theregion hastraditionally gone to Jamaica because interviewees highlighted thatasignificant offunding portion better manage andincrease theirfunding. Anumberof investing intheorganizational capacity ofitsgrantees to make to grants nascent organizations while simultaneously zation thatcanfunctionasafunding intermediary thatcan a numberofrespondents indicated theneedforanorgani- In interviews withhumanrights from defenders theregion, has beendifficult. strong organizations withadequatestructures operational 81 82 80 In addition, funders Inaddition,funders Generally, establishing

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 MSM. LBQ women are very different from thoseof gay menor Guyanese transgender organization, Guyana Trans United. was ledbyagroup oforganizations thatincluded thelocal decisions onSOGIEintheregion. One caseinparticular capitalize onmomentumspurred byrecent positive court in thecurrent context, especially given to theopportunity Synergía believes movement thatsupporting thetrans iskey rights andgender identity, including inhealth care facilities. government agencies to increase knowledge about human conducting sensitivity trainings withthepolice andother of violence; providing safespacespeople;and fortrans diverse means: supporting documentationofinstances tancy indicated thattheirwork focusesonsafety, through Caribbean countries thatwere engaged during theconsul ing to theserealities, groups anumberoftrans from various the importance ofgender-identity-specific policies. Respond so there isaneedto increase awareness among politiciansof of gender identityandsexual orientationare often conflated, lence, stigma, prejudice, anddiscrimination.Further, issues board makes transgender peoplemore vulnerableto vio policies thatare inclusive oftransgender issuesacross the pervasive, andthelack ofgender-identity legislation and Violence against transgender peopleinthe Caribbean is Guyana, the work oftransgender peopleincountries including in recent years—begun to increase theirownvisibilityand levels. transgender networks bothatthenationalandregional regional thegreatest expert, isto needforsupport strengthen the regional level. structuresoperational sothatitcaneffectively functionat to provide adequate to support establish itsgovernance and TRANS) was launched in2018andisexploring opportunities network,trans theUnited Caribbean Trans Network (UC - difficult because of high levels ofstigma. In othercountries intheCaribbean, such tracking ismore region to HIVinfectionamong track transgender women. policy levels. For example, Guyana istheonly country inthe issues affecting these communities, bothatthesocialand faced bygay hasallbutinvisibilized menandMSM the For movements, trans thelumping issuesinto oftrans those is well positionedto address. individuals andLBQ women—both ofwhich Arcus funding programming thataddresses thespecificneedsoftrans within theCaribbean LGBTQ movement in andadearth and Haiti, 83 85 Thus, there isasignificant gap in representation 86 Despite thesechallenges, movements trans have— 90 Jamaica, among others. Additionally, anascent regional 91 87 Trinidad andTobago, 84 88 According to a TheBahamas, - - 89 92 -

PAGE 9 vancing amovement thatgoes beyond therights ofgay men. acceptance of queer women intheCaribbean iskey forad role in ensuring safety, legal protections, andinclusion and HIV-specific, mostly benefiting MSMand gay men. Arcus’ particularly since mostfunding intheCaribbean hasbeen to address theinvisibility ofissuesaffecting LBTQ women, intersection withSOGIE.It would beworthwhile forArcus led and/or focusonissuesofviolence against women atthe Finally, very few organizations intheCaribbean are women- organizationsof trans across theregion. identity andsexual orientation,andthelimited capacity people,conflationtrans and confusion between gender stem from generalized stigma anddiscriminationtowards needs oftransgender peopleintheCaribbean. Thoseneeds theirworksupport to awareness raise about theinvisible groupsnumber oftrans indicated theneedforfunding to In terms ofArcus’ third goal, inclusion andacceptance, a access government benefits. their ability to travel outside of theircountries orto documents,” are unable to change theirgender marker intheirlegal absence recognition of trans people legislation andtrans protection across theCaribbean, because “there isan indicated thatoneofitsobjectives isto ensure legal Regarding Arcus’ second goal, legal protections, UCTRANS to mentionafew. and Tobago, Jamaica, Haiti,andtheDominicanRepublic, (where isestablishing UCTRANS itssecretariat), Trinidad activists intheEasternCaribbean region, TheBahamas currently underway bytransgender organizations and Further, there isincreasingly strong andsolidadvocacy organized orare emerging, andare inacriticalphasewhere beyond decriminalization.Transgender groups have become designed robust strategies to effectlegal andpolicy change results inbothcountries, andcivil societygroups have also in otherhumanrights issues. Litigation hasyieldedpositive mainstream humanrights organizations orgroups working are strong inbuilding allianceswithother andpartnerships issues. Inbothcountries, LGBTQ civil societyorganizations seen recent positive developments inadvancing SOGIE and Tobago. Despite theirdifferences, thesenationshave recommends thatitfocusinitially onGuyana andTrinidad issuesandLBQfocus ontrans women’s issues, Synergía also In additionto recommending thatArcus place athematic 2.2. Countryfocus 93 which, among otherissues, severely affects - THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 to theregion butbasedoutsideit. litigants intheregion, thanbystakeholders rather withties is grounded andledbylocalorganizations, activists, and level. As such,to itwillbeimportant fundlitigation that must bebasedontheprioritiesdetermined atthecommunity countries ascrucial,andhighlights thatany litigation effort Synergía views continued forlitigation support inthese their ownvoices, separatefrom gay-led groups. capacity-building andfunding canensure thatthey retain sexual andgender minoritiesinGuyana.” rative response to addressing humanrights abuses against justice forallGuyanese,” which was “formedasacollabo cerned thecriminalizationoftransgender people because sphere asofthattime.As indicated above, thiscasecon- of thiscategory thatwas stillinforce intheWestern hemi- challenging thecross-dressing law inGuyana, theonly law transgender to persons have brought asuccessful case out a series of efforts aroundout aseriesofefforts domestic mainstream humanrights coalition. TheGEFhascarried worldwide where anLGBTQ organization leadsadomestic This isremarkable because itisoneofthefew examples againstSociety Sexual OrientationDiscrimination(SASOD). GEF secretariat iscurrently heldbyanLGBTQ organization, lighted below: and acceptance andinclusion forLGBTQ people) ashigh- best fitArcus’ three goals (increased safety, legal protection, society organizations, Guyana andTrinidad andTobago political andsocialcontexts andtheongoing work ofcivil of focus, Synergía considering isoftheview the that, In coming to thefinal recommendations regarding countries relatively fast. chances thatdecriminalizationinGuyana could occur to someexperts andactivists interviewed, there are strong United, tioned GEF. Further, afounding memberofGuyana Trans against LGBTQ people,through platformslike theaforemen- instances ofviolence andotherhumanrights violations ganizations inGuyana have aproven record of documenting With respect to Arcus’ first goal (increased safety), LGBTQ or zations the Guyana EqualityForum (GEF), acoalition of21organi - A few years ago, Guyanese civil societygroups established GUYANA but its“funding islimited.” group’s website theGEFiscurrently active, isnotup-to-date, advocacy onhumanrights. 95 100 working “cohesively to achieve equalrights and Gulliver (Quincy) McEwan, isoneoffour 98 99 Although informationon the 94 Additionally, according 97 andinternational 96 Therole ofthe - -

10 PAGE ambitions to bebroader thantheLGBTQ movement.AJD and secularallies, islimited inscope andimpact. collaboration among LGBTQ people, faithcommunities, ortofaith-based leaders increasing thecoordination and work carried outbytheseorganizations to engage with intheCaribbean,and sub-regions asnoted above, the It mustbenoted, however, asisthecaseinothercountries programs forsecondary studentswho identifyasLGBTQ. education programs andplanto after-school start care youth regarding gender andsexual diversity through LGBTQ people,LGBTQ organizations inGuyana sensitize Regarding Arcus’ third goal, acceptance andinclusion for through domesticandinternational advocacy. influence andpower withGuyana’s government both a broader humanrights agenda, which could have greater peoples, gender-based violence andsoon),foradvancing diverse groups (e.g., thoseworking ondisability, indigenous like theGEFiscentralto building astrategic alliance with The work conducted through organizations orcoalitions a joint visionregarding equalityandnon-discrimination. strategies around humanrights, including aSOGIElensand established networks andalliances forcoordinating common To reiterate, civil society organizations have, foryears now, protected categories. Act to include sexual orientationandgender identityas organizations, to amendthe1997 Prevention ofDiscrimination underwayefforts inGuyana, from withsupport civil society international advocacy strategies. For example, there are affirming protections, boththrough national, regional, and engaging withvarious government agencies to adoptLGBTQ- civil societyorganizations in Guyana have along history of In terms ofArcus’ policy goal regarding legal protections, such asbusstops. gender, which affected theirsafety while inpublicspaces, of theiruseclothing typically associated withadifferent perspectives. which includes seven LGBTQ organizations withdifferent coalition calledAlliance forJustice andDiversity (AJD), on humanrights issuesinTrinidad andTobago formeda Orientation (CAISO) andotherlocalorganizations working In 2015, the Coalition Advocating forInclusion ofSexual TRINIDAD ANDTOBAGO equality have ofSOGIEissues. demonstratedsupport agencies andcommissions working onwomen andgender to thework ofLGBTQ civil societyorganizations, government 103 Inestablishing AJD, localactivists had 101 Further, activists thanks indicate that, 102

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 on general discriminationissues. from marriage andcriminalizationinstead to focus group). Oneofitsobjectives was to shiftdiscourse away in Trinidad andWOMANTRA (aqueer-led feministadvocacy as aninformalcoalition among thesixLGBTQ organizations initially emerged from the2015 nationalelectioncampaign to speakprivately ofLGBTQ insupport people,they then of thechallenges isthatwhile tend somefaith-basedleaders not necessarily emerging asprioritiesforlocalactivists. One As isthecaseelsewhere intheregion, faith-basedissuesare laws thatcriminalised samesex intercourse.” of homosexuals,” and“60% supported themaintenance of “36% ofthepopulationsurveyed expressed outright hatred attitudes toward homosexuality inTrinidad andTobago, tance, itisnoteworthy thataccording to a2017 study on In terms ofArcus’ third goal, socialinclusion andaccep move. Opportunities Act.Parliamenthadsought to restrict this Opportunities Commission—mandated undertheEqual addition ofa“sexual orientation” category undertheEqual LGBTQ organizations are building alliances to achieve the Regarding Arcus’ second goal, legal protections, local tion ofhumanrights violations.” emergency housing; socialwork services; anddocumenta- family, youth, andwomen’s groups; support community activities, including aculturalfestival; teacher trainings; Further, “individual AJD organizations alsohostarange of vigilance, andrelationship-buildingwithrights guarantors. activities onself-efficacy, conflictmanagement, communal through thecreation ofpeer-guided messaging andlearning as AJD is developing aproject to promote aculture ofsafety With respect to Arcus’ first goal, safety, organizations such consistent andstrategic mediaengagement.” shifts inpublicdiscourse about sex/gender diversity through one organization indicated thatithadachieved “positive to reduce socialstigma and discrimination.For example, tolerance ofLGBTQ people,localorganizations have worked or programs.” what to dowithus, howto create LGBT-inclusive policies need to “invest instate capacity, because states donotknow legislative reform.” work, andiscampaigning through mediaads forthis jurisdiction ofastate antidiscriminationprotection frame include LGBTI status, age, andhealth conditions inthe 106 Further, “AJD hasjoined CAISO’s 2011initiative to 108 107 Finally, alocalactivist highlights the 105 104 110 109 To increase - - 11 PAGE OTHER COUNTRIESINTHEREGION IMPORTANT CONSIDERATIONS FOR difficult to seea returnon investment inthesespaces. flexible core funding, their to further work andimpact. Arcus’ objectives, including andshouldbeprovided support, Organizations conduct inBelize work ononeormore of work to bedone interms ofsafety, policy, andinclusion. people from discrimination.As such, there ismuch-needed there are nospecificlaws orpolicies to protect LGBTQ of churches andreligious groups inthecountry. Further, level because ofentrenched homophobia andthestronghold tinue to face violence anddiscriminationatthecommunity Review (UPR) process. However, LGBTQ con- peopleinBelize recommendations inthecontext oftheUniversal Periodic U.N. level, hasaccepted Belize several oftheSOGIE-related timethe first General AssemblyOAS SOGIE resolution. At the regional level, when thegovernment forthe co-sponsored inclusion ofLGBTQ issues, asdemonstrated in2018, atthe hasshifted towarddecision, Belize steady opennessand With respect since to theAugust Belize, 2016Supreme Court Haiti. Theserealities cannotbeoverlooked. on LGBTQ people,ashappened the2011earthquake in aspects ofclimate change, to have amore significant effect potential disasters, fornatural such ashurricanesandother includeaddition, peculiaritieswithinthissub-region the achieving results inarelatively amountoftime.In short emphasis onlitigation, withtheconcrete possibilityof aligns withArcus’ three goals, including asignificant increasingly strong civil societyorganizations whose work of thesizecountries. However, has thissub-region repressive laws, canbeeasily ignored because byfunders Caribbean composed sub-region, ofsmallislandswith countries TheEastern intheEasternCaribbean andBelize. recommends thatconsideration andprioritybegiven to For future planning andfunding strategies, Synergía throughout theregion. and inclusion forLGBTQ peopleintheCaribbean abound for achieving safety, legal protections, andacceptance diverse, andchallenges interms offunding andobstacles theCaribbeanAs region describedinthisreport, iswidely countries oramixofcountries andthemesintheregion. Synergía was tasked withproposing afocusonthree who want to leadwilllead.” on thisissue.For onelocalactivist, “Faith-based leaders revert to theircongregations withoutsignificant engagement 111 Inthisregard, forsomeitis

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THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 3. 2. 1. The work like ofdonors theArcus Foundation should: highlights thefollowing final general recommendations. ontheaboveBased findings and recommendations, Synergía 3. Conclusions to assist organizations withdiscreet initiatives, such as the region. Support could come intheformofsmallgrants should alsobegiven to smallercountries andterritories in Attentionthe Eastern CaribbeanandBelize. sub-region For future planning and funding strategies, prioritize social, legal, andpoliticalcontexts andbackgrounds. account diversity withintheregion interms oflanguage, and otherterritories asdescribedabove), taking into groups across theCaribbeanincountries region (both Thus, asuggested focusisonLBQ women andtrans has traditionally prioritizedHIVandhealth services. overlooked ormadeinvisible inacontext where funding pushed to themargins, orthoseissuesthatare often Prioritize groups thattend to bemostvulnerableand Guyana andTrinidad andTobago. rights organizations. Thus, asuggested initialfocusison that are inclusive ofothermainstream orfeministhuman (ii) coalitions have beenbuilt byLGBTQ organizations termin theshort ispossibleandcanbesustained, policy work, and/or litigation, andwhere apotential shift zations are yielding concrete results through advocacy, Prioritize countries where (i)strong civil societyorgani- 12 PAGE 8. 7. 6. 5. 4. medium-sized ones, tomedium-sized match withArcus’ three goals. and funding to localorganizations, particularly smalland Pair appropriate andadequate capacity-building support internal assessmentsto exchange strategies andpriorities. Engage currently withotherfunders undergoing similar propose specific recommendations to address these gaps. andcommunities,faith-based leaders identifygaps, and behind thelimited engagement oflocalorganizations with Conduct research more in-depth to determine therationale specific opportunities. strategies fortheUnited States asopposedto Caribbean- to U.S. territories ofdomesticgrantmaking aspart attention pay thatdonors to U.S. states—include support other countries oftheCaribbean butwithoutthe suffering fromissuessimilar to thosein structural Given thatU.S. territories often fallthrough thecracks— the OAS, andtheIACHR. AgainstPartnership HIV/AIDS (PANCAP), CARICOM, andregionalsub-regional bodiessuch asPanCaribbean and international levels, including before participation advocacy thatintersects across thedomestic,regional, funding, aswell asfunding specifically geared toward Ensure thatorganizations have access to flexible or core them offtheground. strategic litigation and/or flexible core funding to get

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 conduct betweenadultsinprivate,including same-sexintimacy, violates Claim no.688of2010,August,10,2016. coalitions andnetworks. 6. Pleaseindicateifthere are anyopportunitiesforcross movement 5. Pleasedescribeabaselineforthechangesthatyouseek. 4. Describeyourorganization’s capacity toundertakethiswork. 3. Approximate leveloffundingneededtoadvancethechangesyouseek. 2. Approximate annualbudgetofyourorganization. Please explainbriefly. 1. Doesyourorganization conductwork inanyofArcus’ three goals? Contact person: Country: Organization: SAMPLE SURVEY responded tothissurvey, includingtworegional organizations. the region. ThirteenCaribbean-basedorganizations from ninecountries women andtranspersonsorwithafocusonthesegroups throughout Trinidad andTobago, andtoanumberoforganizations thatare ledbyLBQ Grenadines, andMartinique. Kitts andNevis,Grenada, Montserrat,SaintLucia,Vincent andthe sovereign states. United States. and U.S.Virgin Islands. Barthélemy, CollectivityofSaintMartin,Maarten,Turks andCaicos, French Guyana,Guadeloupe,Martinique,Montserrat,PuertoRico,Saint Aruba, BESIslands,BritishVirgin Islands,CaymanCuracao, Released April10,2018. Mexico onSexualOrientationandGenderIdentity(SOGI)HumanRights.” for Arcus FoundationSupportintheCaribbean,CentralAmerica,and of 57organizations from thehemisphere, including15from theCaribbean. context oftheOrganization ofAmericanStates.TheCoalitioniscomposed LGBTTTI CoalitionforLatinAmericaandtheCaribbean,workingin protections, and3)humanrightsadvocacy. Synergía isamemberofthe yet interdependent thematicareas: 1)movementbuilding,2)securityand of technicalexpertiseandgrassroots grantmakingrelated tothree distinct national, regional, anddomesticlevels.Synergía’s workinvolvesablend organizations toimplementhumanrightsadvocacyinitiativesattheinter over 50countriesinpartnershipwithmore than100localLGBTIcivilsociety mandate, Synergía focusesitsefforts onsupportingLGBTorganizing in orientation, genderidentity, and/orgenderexpression (SOGIE).Underthis with thosewhoserightsare violatedbasedontheirreal orperceived sexual promoting thehumanrightsofallpeople,withaparticularfocusonworking Nigeria, thissmall,specializedteamofsixbasesitsworkonprotecting and and grantmakingexpertise.Basedacross theUnitedStates,Argentina, and humanrightsadvocacy tively bringstogetherover70yearsofinternational 12 11 10 9 8 7 6 5 4 3 2 1 Trinidad andTobago. Saint Lucia,Vincent andtheGrenadines, Suriname,TheBahamas,and Dominican Republic,Grenada, Guyana,Haiti,Jamaica,SaintKittsandNevis, 16 sovereign states: Antigua and Barbuda, Barbados, Belize, Cuba, Dominica, Anguilla,AntiguaandBarbuda,BritishVirgin Islands,Dominica,Saint WiththeexceptionofMontserrat,allother14membersCARICOMare Onlysovereign Caribbeancountriesare membersoftheOAS. PuertoRicoandtheU.S.Virgin Islandsfallunderthejurisdictionof 16dependentterritories/integratedareas ofothercountries:Anguilla, Ibid. Arcus Foundation,RequestforProposals from Consultants,“Consultants FoundedinFebruary2017,Synergía –InitiativesforHumanRightscollec- “TheSupreme Courtfoundthatalaw criminalizingconsensualsexual Supreme CourtofBelize,CalebOrozcov. GeneralofBelize, TheAttorney AshortsurveywassenttoseveralLGBTQorganizations inGuyanaand

13 PAGE remedies hearing:Q&A.September20,2018. were subjecttocriminalisation.”CAISO’s Facebookpage,TheJonesv. AG act.’ Previously ifyouwere not‘amalepersonandafemaleperson,’you 16 yearsofageormore, bothofwhomconsenttothecommission indecency (Sect.16)nownolongerappliesto‘persons,eachofwhomis person, orbyamalepersonwithfemaleperson.’Theoffence ofserious ‘sexual intercourse withoutconsentperanum,byamalepersonwith 13 and16are modified as follows:Theoffence ofbuggery(Sect.13)isnow sensual andnon-consensualactivity. Today thejudgeruledthatSections tional. Sections13and16hadbroad wording thatcriminalisedbothcon- that criminalisingprivate,consensualadultsexualbehaviourisunconstitu- to sections13and16oftheSexualOffences Actnowthathehasdeclared matter oflegalcostsinthecase,andforhimtoruleonwhathappens decision inthefollowingterms:“JusticeRampersadcoulddecideon constitutional. com/world/2018/apr/13/trinidad-and-tobago-sexual-offences-act-ruled-un- Unconstitutional,” April13,2018,availableat:https://www.theguardian. violates thethree otherrightsintheConstitution.” isnotquestioningtheCJ’sbecause theGovernment rulingthatthelaw that section53isinconsistentwiththeConstitutionofBelizeshouldstand the appealtobeheard bytheCourtofAppealonOctober29,2018.” /?lang=en. 6, 2018,availableat:http://www.aidslaw.ca/site/barbados-challenge-qa Calendario-174-audiencias-en.pdf. ber 8-14,2019,availableat:http://www.oas.org/en/iachr/sessions/docs/ iachr/decisions/2018/JAAD1850-11EN.pdf. Edwards andfamilies,July2,2018,availableat:http://www.oas.org/en/ moval-sodomy-laws. available at:http://www.looptt.com/content/tt-catholic-church-supports-re- Catholic Church SupportsRemovalofSodomyLaws,”April18,2018, prison for25years,”Archbishop CharlesGordon affirmed.LoopT&T,“T&T sex-between-people-in-same-sex-unions-legal/. trinidad-and-tobago-to-appeal-high-court-ruling-that-makes-consensual- September 20,2018,availableat:https://www.stlucianewsonline.com/ that MakesConsensualSexBetweenPeopleinSame-SexUnionsLegal,” September 20,2018. 17 16 15 14 13 https://bit.ly/2Bop4tt. Men StruckOut,” costs totheClaimant.”HumanDignityTrust, “LawCriminalizingGay consensual sexualconductbetweenadultsinprivate.Thecourtawarded the lawwasdeclared voidandstruckouttotheextentthatitcaptures must informtheinterpretation oftheConstitutionalrights.Asaresult, treaty obligations‘public morality’.TheCourtalsofoundthatinternational discrimination ongrounds ofsex,andcannotbejustifiedonthebasis the constitutionalrightstodignity, privacy, equalitybefore thelaw, andnon- 25 24 23 22 21 20 19 18 Thelocalorganization CAISOinformstheoutcomeofthishearingand InterviewconductedbetweenAugustandNovember2018. wononboth,thefinding Ibid.U-RAPcomments,“eveniftheGovernment U-RAP, GeneralofBelize Briefingnote,“OntheAttorney v. Orozco Case: TheCanadianHIV/AIDSLegalNetwork, “BarbadosChallengeQ&A,”June IACHR,174thPeriodofSessions,SchedulePublicHearings,Novem- IACHR,ReportNo.80/18,Petition1850-11,Gareth Henry, SimoneCarline “Buggeryisaseriousmoraloffence, butitshouldnotputsomeonein PhonemessageexchangewithColinRobinson,CAISO.December2018. Ibid. CAISOFacebookpage,TheJonesv. AGremedies hearing:Q&A. The Guardian,“Trinidad andTobago JudgeRulesHomophobicLaws St. LuciaNewsOnline,“Trinidad andTobago toAppealHighCourtRuling judgement delivered onAugust10,2016,availableat:

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 http://www.u-rap.org/web2/index.php/about-us. that underminethehumandignityandrightsofsexualminorities.” constitutional litigationintheEnglish-speakingCaribbean,challenginglaws rights lawyersandcivilsocietyorganizations. U-RAPiscurrently engagedin and participatinginhumanrightslitigationcollaborationwith human rights,equalityandsocialjusticeintheCaribbeanbyundertaking the FacultyofLawUWIRightsAdvocacyProject (U-RAP)istopromote Belize andMcEwancaseinGuyana.AboutU-RAP:“themainobjectiveof mcewan. U-RAPprovided keysupportforlitigationintheOrozco casein http://www.u-rap.org/web2/index.php/component/k2/item/74-faqs-about- information abouttheMcEwancasecanbefoundatU-RAP’s website: breaking-ccj-rules-guyana-cross-dressing-law-unconstitutional/. More tional,” November13,2018,availableat:https://www.inewsguyana.com/ tice-strikes-down-mandatory-death-penalty-in-Barbados.html. available at:http://www.worldcoalition.org/Caribbean-Court-of-Jus- Strikes DownMandatoryDeathPenaltyinBarbados,”June27,2018, constitutional-law/. the-commonwealth-caribbean-and-the-uses-and-abuses-of-comparative- ukconstitutionallaw.org/2011/11/22/derek-obrien-and-se-shauna-wheatle- Comparative ConstitutionalLaw,” November22,2011,availableat:https:// Wheatle: TheCommonwealthCaribbeanandtheUsesAbusesof November1,2019. SOGI List,managedbyARCInternational. nian-buggery-and-gross-indecency-laws/. cap-releases/two-gay-men-exiled-from-caribbean-nation-challenge-draco- indecency’ laws,”August8,2019,availableat: exiled from Caribbeannationchallengedraconian‘buggery’and‘gross ecade-pr-litigation-10-31-12032509. October 31,2019,availableat:https://mailchi.mp/8c5e61b14c6a/ organisation launchesfive-countrylegalchallengetoanti-gaylaws,” swers/?lang=en. al-challenge-to-dominicas-laws-criminalising-lgbtq-people-questions-an- July 18,2019,availableat:http://www.aidslaw.ca/site/constitution- Dominica’s LawsCriminalisingLGBTQPeople:Questions&Answers,” wp-content/uploads/2018/11/2018-CCJ-30-AJ2-mod.pdf. and JusticesWitBarrow,” para.145,Available at:https://ccj.org/ McEwan etal.,“JudgmentoftheHonourableJusticeSaunders,President mootoo-applauds-ccj-ruling-on-cross-dressing/. November 20,2018,availableat:https://newsroom.gy/2018/11/20/naga - item/77-joint-press-release-on-mcewan-v-ag-of-guyana-nov-13-2018. 2018, availableat:http://www.u-rap.org/web2/index.php/component/k2/ Caribbean civilsocietygroups welcomethelandmarkruling,”November 13, bean courtstrikesdownGuyana’s cross-dressing law:Trans litigantsand 38 37 36 35 34 33 32 31 30 29 28 27 26 Robinson, August28,2018.InterviewwithKenitaPlacide,30, InterviewwithTracy Robinson,August21,2018.InterviewwithColin World CoalitionagainsttheDeathPenalty, “CaribbeanCourtofJustice UKConstitutionalLawAssociation,“Derek O’BrienandSe-shauna EmailcommunicationsentbytheGuyaneseorganization SASODtothe PanCaribbeanPartnershipagainstHIV/AIDS(PANCAP), “Two gaymen CaribbeanLGBT ECADE,“’Thisisfouryearsinthemaking’:Eastern TheCanadianHIV/AIDSLegalNetwork,“ConstitutionalChallengeto JointPress Statementfrom GTU, U-RAPandSASOD. CCJAppealNo.GYCV2017/015GYCivil83of2013,Quincy JointPress Statementfrom GTU,U-RAPandSASOD. JointPress Statementfrom GTU,U-RAPandSASOD,“HighestCarib- INews Guyana,“CCJRulesGuyana’s Cross-Dressing LawUnconstitu- NewsRoom, “NagamootooApplaudsCCJRulingonCross-Dressing,” https://pancap.org/pan-

14 PAGE world/2015/aug/10/jamaica-first-gay-pride-celebration-symbol-change. erating,’” August102015,availableat:https://www.theguardian.com/ “Jamaica’s firstpublicgayprideeventasymbolofchange:‘Itfeltlib- May 30,2018,availableat:https://www.ebar.com/news/news//260630. 080/09540121.2017.1316355. response,”, 29:12,1557-1556,availableat:http://dx.doi.org/10.1 AIDSCare homosexuals insevenCaribbeancountries: implicationsforaneffective HIV Barrow, Massiah,BenAlli&CesarNunez(2017): “Attitudestowards Ernest August andNovember2018. . news/2018/03/21/eastern-caribbean-lgbt-people-face-bias-violence Colonial-Era Laws,”March 21,2018,availableat:https://www.hrw.org/ of thisconsultancy. pride-parade. available at:http://www.looptt.com/content/watch-history-made-tts-first- co.uk/2018/06/04/guyana-first-lgbt-pride-parade/. Parade,” June4,2018,availableat:https://www.pinknews. het-lgbt-platform-suriname-introduceert-de-pride-month-suriname-2017/. Month Suriname2017,”July1,2017,availableat:http://lgbtplatform.com/ constitutional. com/world/2018/apr/13/trinidad-and-tobago-sexual-offences-act-ruled-un- Unconstitutional,” April13,2018,availableat:https://www.theguardian. sandagttandeoc. http://www.u-rap.org/web2/index.php/component/k2/item/71-jasonjone- of Trinidad andTobago (Interested Parties),April12, 2018, availableat: Tobago CouncilofEvangelicalChurches, TheSanatanDharmaMahaSabha (Defendant) andTheEqualOpportunitiesCommission,Trinidad and GeneralofTrinidadbetween JasonJonesandtheAttorney andTobago Application forConstitutionalRedress underS.14oftheConstitution dressing-idUSKCN1NJ2R6. ana-lgbt-crossdressing/guyana-strikes-down-law-against-improper-cross- November 14,2018,availableat:https://www.reuters.com/article/us-guy- com/2018/07/29/caribbean-countries-hold-first-ever-pride-parades/. Parades,” July29,2018,availableat:http://www.washingtonblade. 57 56 55 54 53 52 51 50 49 48 47 45 44 43 42 41 40 39 46

ThefirstpublicPrideParadeinJamaicatookplace2015.Guardian, Eduard J.Beck,KenikaEspinosa,Tanisha Ash,PeterWickham,Christine Interviewsconductedforthepurposesofthisconsultancy, between Ibid. HRW, Caribbean:LGBTPeopleFaceBias,Violence: Repeal “Eastern InterviewsconductedbetweenAugustandNovember2018. InterviewconductedbetweenAugustandNovember2018. Thisfactwasindicatedinseveralinterviewsconductedforthepurposes Thiswasindicatedinseveralinterviewsduringthisconsultancy. InterviewconductedbetweenAugustandNovember2018. HighCourtofJustice,ClaimNo.CV2017-00720,intheMatteran InterviewconductedbetweenAugustandNovember2018. Reuters,“GuyanaStrikesDownLawagainst‘improper’ Cross Dressing,”

The Bay Area Reporter,The BayArea “BarbadosElectspro-LGBT FemalePrimeMinister,” Pink News,“ActivistsTake toStreets forGuyana’s FirstLGBTPride Loop TT, “HistoryMadewithT&TFirstPrideParade,”July29,2018, “HetLGBTPlatformSurinameintroduceertLGBTPlatform, dePride The Guardian,“Trinidad andTobago JudgeRulesHomophobicLaws The Washington Blade,“CaribbeanCountriesHoldFirst-EverPride

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 up-events-and-activities-62617. world-congress-of-families-caribbean-meeting-underway Meeting Underway,” June26, 2017,availableat:https://www.hrc.org/blog/ LGBTQ community.” HumanRightsCampaign,“World Congress ofFamilies Nigeria ondenyingrightstoLGBTQpeopleworkingsilenceRussia’s the “naturalfamily.” WCF’s activitiesrangefrom holdingconferences in that fosterhomophobiaandtransphobiaundertheguiseofprotecting the exportofhate.Since1997,ithasorganized eventsaround theworld u3w2S2E. ticle/jamaican-theologian-calls-tolerance-gays-law-challenged160713/#gs. challenged,” July16,2013,availableat:https://www.gaystarnews.com/ar lic-bishop-in-dominica-end-anti-homosexuality-laws/. laws,” May24,2013,availableat:https://76crimes.com/2013/05/24/catho- view-of-discriminatory-same-sex-laws-guyana/. stabroeknews.com/2018/06/09/news/guyana/anglican-bishop-urges-re- Same-sex LawsinGuyana,”June9,2018,availableat:https://www. server.com/news/archbishop-of-the-wi-says_113834?profile=1373. anti-sodomy laws,”October13.2017,availableat:http://www.jamaicaob- . news/2018/03/21/eastern-caribbean-lgbt-people-face-bias-violence Colonial-Era Laws,”March 21,2018,availableat:https://www.hrw.org/ site/intimate-conviction-volume/?lang=en, p.11. Commonwealth,” December10,2018,availableat:http://www.aidslaw.ca/ Conviction: ExaminingTheChurch andAnti-SodomyLawsAcross The John Holder, BishopofBarbados,Archbishop oftheWest Indies,“Intimate Sexualities (CariFLAGS)isaregional nonprofit madeupofleadingLGBTI difficult circumstances.” http://www.cvccoalition.org/. populations, personsinprisonandex-prisoners, andyouthinespecially use drugs,orphansandotherchildren madevulnerablebyHIV, migrant have sexwithmen,personsoftrans experience, sexworkers,peoplewho treatment andhealthcare programmes. Thesegroups includemen who are especiallyvulnerabletoHIVinfectionoroftenforgotten inaccessto service providers, workingwithandonbehalfofCaribbeanpopulations who agencies thatarecommunity leadersandnon-governmental advocatesand ume/?lang=en. were released online:http://www.aidslaw.ca/site/intimate-conviction-vol- com/watch?v=TAOtEKAY68Y 75 74 73 72 71 70 69 68 67 66 65 64 63 62 61 60 59 58 2018. with theAnglicanChurch. InterviewwithMaurice Tomlinson. October31, Thisconference wasfundedmainlybyTrinity Wall Street, whichworksonly InterviewconductedbetweenAugustandNovember2018. “WCFisoneofthemostactiveAmericanorganizations involvedin InterviewconductedbetweenAugustandNovember2018. Erasing76crimes,“CatholicBishopinDominica:Endanti-homosexuality Ibid. HRW, Caribbean:LGBTPeopleFaceBias,Violence: Repeal “Eastern Severalintervieweesagreed onthisissue. CanadianHIV/AIDSLegalNetwork,KeynoteAddress bytheMostRev. Dr. “CaribbeanForumforLiberationand AcceptanceofGendersand “CaribbeanVulnerable CommunitiesCoalition(CVC)isacoalitionof Ibid. InterviewconductedbetweenAugustandNovember2018. Recordings oftheconference canbefoundonline:https://www.youtube. https://www.splcenter.org/hatewatch/2017/06/26/anti-lgbt-round- Gay StarNews,“Jamaicantheologiancallsfortoleranceofgaysaslaw Stabroeknews, “AnglicanBishopUrges ReviewofDiscriminatory The JamaicaObserver, “Archbishop oftheWIsaysBibledoesnotsupport . Publicationofconference proceedings .

- 15 PAGE August andNovember2018. November 2018. August 30,2018. Curacao, andpossiblyTheBahamas,aswell.InterviewwithKenitaPlacide, work inMartinique,Guadeloupe,Saba,Bonaire, SaintBarthélemyand rights groups). ECADEisalsohoping,withadditionalfunding,toinclude members, includingassociatemembers(whichincludeHIVandwomens’ Saint Martin,Croix, andPuertoRico.ECADEhas21organizations as Barbados, Dominica,Grenada, SaintKitts,Vincent, SaintLucia, Caribbean:AntiguaandBarbuda, countries/territories intheEastern membership/. and PhoenixRecoveryProject. For more information,visithttp://equality.gy/ Habitat forHumanity, ComfortingHearts,Lifeline,LindenCare Foundation, Georgetown Hub,ComeAliveNetwork Incorporated,Youth MediaGuyana, Commercial Workers’ Union,RedThreat, GlobalShapersCommunity– Caring Hands,GuyanaOrganization of IndigenousPeople,Clericaland Guyana, FamilyAwareness ConsciousnessTogetherness, CPICMonique’s Guyana Trans United,ArtistsinDirect Support,DeafAssociationof Coalition, GuyanaResponsibleParenthood Association,Help&Shelter, Foundation, UnitedBricklayers,GuyanaSexWork Coalition,GuyanaYouth youth, andthecommunity. Theorganizations are: SASOD,HopeforAll health servicesaround HIV, domesticviolence,sexwork, disability, and November2018. 80 79 78 77 76 flags/. org/pancap-releases/appointment-of-regional-programme-manager-cari- CAISO inTrinidad andTobago andisnowbasedatSASOD.https://pancap. org/organizations/cariflags/. CariFLAGSSecretariat wasoriginallybasedat Dominican Republic,Belize,Grenada, GuyanaandSuriname.”https://alturi. across theregion –inSaintLucia,Jamaica,Trinidad andTobago, the NGOs across theCaribbean.CariFLAGSstaff andleadershipare based 96 95 94 93 92 91 90 89 88 87 86 85 84 83 82 81 strategic plan. Informationprovided inseveralinterviewsconductedbetween Ibid. Informationprovided inseveralinterviewsbetweenAugustand ECADEisamembership-basedorganization currently workinginnine UCTRANSwasestablishedinFebruary2018andiscreating its More informationat:http://equality.gy/about/. Theorganizations thattakepartinGEF includethoseworkingondirect InterviewsconductedbetweenAugustandNovember2018. ResponsebyUCTRANS,received betweenAugustandNovember2018. Informationprovided inseveralinterviewsconductedbetweenAugust Ibid. Ibid. Ibid. Ibid. Ibid. Ibid. Ibid. Ibid. Ibid. InterviewconductedbetweenAugustandNovember2018. Ibid.

THE SAFETY, LEGAL PROTECTIONS, AND SOCIAL INCLUSION OF LGBTQ PEOPLE IN THE CARIBBEAN IN 2018 grantees/guyana-trans-united/. conducts outreach tocommunities.”https://youngfeministfund.org/ group sessionsformembers,theirfamilies,andotherlovedones, leadership roles withintheirowncommunity. GTUhostsmonthlysupport numbers oftheircolleaguesinsuchwork,aswelltotakeongreater organizations andhumanrightsworkwere eagertoengagegreater Guyana. SeveralfoundingmembershadbeeninvolvedinotherLGBT in 2013recognition oftheneedformore trans-specificorganizing in grantees/guyana-trans-united. Further, “GuyanaTrans Unitedwasfounded awareness raisinginitiatives.”https://www.advancingpartners.org/grants/ communities, humanrightsandsocialjusticegroups onadvocacyand with otherlesbian,gay, bisexual,transgender, intersex,andqueer(LGBTIQ) outreaches intheten(10)administrativeregions ofGuyana.We alsowork sessions forourmembers,theirfamilies,otherlovedones,andconducts recognized andupheldinalldomains.GTUhostsmonthlysupportgroup the qualityoflifetransGuyaneseandtoensure thattheirrightsare hearing canbefoundhere: www.cidh.org. American CommissiononHumanRightsin2015.Thevideoofthepublic 100 99 98 97 102 101 InterviewconductedbetweenAugustandNovember2018. TheGEFrequested andattendedapublichearingbefore theInter- GEF’s website:http://equality.gy/news/. GuyanaTrans United:“GuyanaTrans United’s maingoalsare toimprove Ibid. InterviewconductedbetweenAugustandNovember2018.

16 PAGE this consultancy. peter-w-wickham/. July 11,2017,availableat:http://www.caribbeansexualities.org/tag/ Homosexuals inTrinidad andTobago Caribbean,” andtheSouthern of thisconsultancy. of thisconsultancy. alliance.” Emailfrom ColinRobinson,CAISOandAJD. recently anewlyincorporatedTransgender Coalitionhasjoinedthe Foundation, theWomen’s Caucus,andfeministgroup Womantra; very groups: LGBTINGOsCAISO,FriendsforLife,IAmOne,theSilverLining 112 111 110 109 108 107 106 105 104 103 Ibid. InterviewconductedbetweenAugustandNovember2018. ResponsebyCAISOtothesurveydistributedforpurposesof AlanaD.GriffithandPeter W. Wickham,“Attitudes Towards InterviewconductedbetweenAugustandNovember2018. ResponsebyCAISOandAJDtothesurveydistributedforpurposes InterviewconductedbetweenAugustandNovember2018. ResponsebyCAISOandAJDtothesurveydistributedforpurposes InterviewconductedbetweenAugustandNovember2018. https://justicediversitytt.wordpress.com/. “AJDincludesseven

ABOUT THE AUTHOR SYNERGÍA – INITIATIVES FOR HUMAN RIGHTS Founded in February 2017, Synergía – Initiatives for Human Rights collectively brings together over 70 years of international human rights advocacy and grantmaking expertise. Based across the United States, Argentina, and Nigeria, this small, specialized team of six bases its work on protecting and promoting the human rights of all people, with a particular focus on working with those whose rights are violated based on their real or perceived sexual orientation, gender identity, and/or gender expression (SOGIE). Under this mandate, Synergía focuses its efforts on supporting LGBT organizing in over 50 countries in partnership with more than 100 local LGBTI civil society organizations to implement human rights advocacy initiatives at the international, regional, and domestic levels. Synergía’s work involves a blend of technical expertise and grassroots grantmaking related to three distinct yet interdependent thematic areas: 1) movement building, 2) security and protections, and 3) human rights advocacy. Synergía is a member of the LGBTTTI Coalition for Latin America and the Caribbean, working in the context of the Organization of American States. The Coalition is composed of 57 organizations from the hemisphere, including 15 from the Caribbean. Learn more at synergiaihr.org.

ABOUT ARCUS FOUNDATION Founded in 2000, the Arcus Foundation is dedicated to the idea that people can live in harmony with one another and the natural world. Arcus’ work is based on the belief that respect for diversity among peoples and in nature is essential to a positive future for our planet and all of its inhabitants. Arcus is among the most consistent funders of social justice work pushing for the safety, acceptance, and inclusion of LGBTQ people around the world, and of conservation work to ensure the world’s great apes and gibbons can thrive in their natural habitats. The Foundation works globally and has offices in New York City and Cambridge, United Kingdom. Learn more at www.arcusfoundation.org.