FPATT condemns same-sex ruling

THE EDITOR: The Court of Appeal’s decision to uphold the criminalisation of consensual same-sex activity is an alarming assault on human rights. This ruling, which reinstates the criminality of private, consensual intimacy, is a direct violation of the fundamental rights of LGBTQI+ people and a stark reminder of the colonial-era laws that continue to inflict harm across the Caribbean.

The International Planned Parenthood Federation (IPPF) Americas and the Caribbean Regional Office (ACRO) and local member Family Planning Association of TT (FPATT) stand unequivocally with LGBTQI+ communities in TT and across the region. We reject this ruling and any legislation that denies people their right to love freely and live with dignity. This decision reflects a justice system with oppressive statutes that have no place in a just and democratic society.

According to Eugenia López Uribe, regional director of IPPF ACRO, this ruling is not just a setback for LGBTQI+ rights, it is an attack on human dignity. She said: “It is a deliberate attempt to silence, criminalise, and exclude a part of citizens and people living in the country. But let this be clear: IPPF regional office in the Americas and the Caribbean will continue fighting for and with the LGBTQI+ movement so they won’t be silenced. IPPF will not back down. LGBTQI+ people’s rights are non-negotiable."

Criminalising LGBTQI+ lives perpetuate violence, discrimination, and stigma. It emboldens hate, undermines access to justice, and creates a climate of fear where LGBTQI+ individuals are forced to live in further vulnerability. Research published by CAISO (Coalition Advocating for Inclusion of Sexual Orientation)'s Sex and Gender Justice’s Wholeness and Justice programme in 2023 indicate that one in three LGBTQI+ individuals in TT experience discrimination and harassment, one in four face family violence, and one in four experience physical assault.

“FPATT notes the recent Court of Appeal decision that affirms an old law before independence that criminalises persons of a different orientation, due to a technicality – the saving law clause,” says Prof Rose Marie Antoine, FPATT’s board of trustees president.

“Interestingly, the British colonial masters that drafted that law have long abolished it. We note too that this was not a unanimous court decision. FPATT looks forward to the day when our legal system and laws can reflect true equity and non-discrimination, serving all our nation’s peoples in their access to fundamental rights and protecting vulnerable groups from harm and violence. FPATT will continue to welcome and serve all people regardless of their sexual orientation.”

FPATT calls for urgent action:

* The immediate repeal of sections 13 and 16 of the Sexual Offences Act.

* A commitment from Caribbean governments to decriminalise same-sex relations and protect LGBTQI+ individuals from discrimination and violence.

* An end to the use of colonial-era "savings law" clauses to justify human rights violations. Now is the time for every human rights defender, policymaker, and ally to take a stand. LGBTQI+ people in TT – and across the Caribbean, our region and the world – deserve justice, equality, and the freedom to live without fear.

We will not stop until that is a reality.

FAMILY PLANNING ASSOCIATION OF TT