Close Menu
    Main Story

    ULP and NDP: Remove anti-LGBTQ+ Laws in SVG

    Updated:No Comments6 Mins Read

    On the 16th of February 2024, Justice Esco Henry delivered her judgment in relation to the Consolidated cases of Javin Johnson and Sean Mac Leish v Attorney General of SVG et al. These cases challenged sections 146 which deals with buggery, and section 148 which deals with gross indecency between persons of the same sex. These laws criminalize various aspects of private and public consensual same-sex activity or conduct.

    Throughout her written decision Justice Henry appeared to use plain interpretations of the law, had issues with the standing of the claimants, the evidence, and the pleadings of the Claims. She also appears to have believed evidence and/or arguments from police, religious leaders, and the State over the Claimants. In the end, Justice Henry dismissed both cases in their entirety, upheld the laws on grounds of public health and public morality, and ordered each of the Claimants to pay the State EC $7,500.00.

    This ruling sent shockwaves locally, regionally, and internationally. It is in stark contrast to other similar decisions ruled internationally and regionally that have declared such laws to be unconstitutional and/or in violation of human rights. It is a travesty of justice and has significantly weakened faith in the local justice system in SVG to protect the fundamental rights and freedoms of minority and vulnerable groups in Vincentian society.

    This ruling from Justice Henry means that anti-LGBTQ+ laws which are not usually enforced regarding LGBTQ+ persons who engage in private consensual same-sex acts, are valid. It is therefore possible that now or in the future, they may be enforced by the police or the State to arrest LGBTQ+ persons, many of whom engage in consensual private anal sex or other same-sex sexual acts with each other. After this ruling, to me it is very disturbing that such a judge has been elevated to the Court of Appeal in the Eastern Caribbean Supreme Court.

    In light of this regressive and backwards ruling, I call upon the various leaders in SVG to protect fundamental rights and freedoms and the rights of minority groups. LGBTQ+ persons have fundamental rights and freedoms, they are a minority group within Vincentian society, and they deserve basic protection like everyone else instead of being subjected to various forms of abuse and criminalization.

    I call upon the Unity Labour Party (ULP) who won the last general elections to work towards the removal of anti-LGBTQ+ laws in SVG. Amongst other things, you were elected to help protect the people of SVG, not just some, the majority, or a few, but everyone. This includes protecting LGBTQ+ people. Dr. Ralph Gonsalves, you have spoken out against violence affecting LGBTQ+ people in SVG. It is time for you to go further and not just talk but act. Where possible, work towards removing or repealing the anti-LGBTQ+ laws to the extent that they apply to consensual same-sex sexual relations or acts between adults in private. Even as you have condemned the violence against LGBTQ+ people, work to buttress the legal frameworks in the country to better protect vulnerable populations, including LGBTQ+ people. Create policies and civil legislation that expressly protect persons on grounds such as sexual orientation, gender identity, gender expression, and sex characteristics.

    I also call upon Montgomery Daniel, Saboto Caesar, Frederick Stephenson, Camillo Gonsalves, St. Claire ‘Jimmy’ Prince, Carlos James, Curtis King, Orando Brewster, Dominic Sutherland, Luke Brown, Carlos Williams, Minerva Glasgow, Edwin Snagg, and Deborah Charles, who ran for the ULP in the 2020 general elections, some of whom won in their respective constituency, to do the same as I have advised Dr. Ralph Gonsalves above.

    Moreover, I call upon the New Democratic Party (NDP), the main opposition party in SVG, to work towards the removal of anti-LGBTQ+ laws in SVG. You too are supposed to work towards protecting the people of SVG, not just some, the majority or a few. This includes protecting LGBTQ+ people. Even though the NDP did win the 2020 general elections, they had the popular vote. Where possible, I encourage you to work to remove or repeal the anti-LGBTQ+ laws to the extent that they apply to consensual same-sex sexual relations or acts between adults in private. Also, work to enhance the legal frameworks in SVG to better protect vulnerable populations including LGBTQ+ people. Advocate for policies and civil legislation that expressly protect persons on grounds such as sexual orientation, gender identity, gender expression, and sex characteristics.

    I also call upon Terrance Ollivierre, St. Clair Leacock, Daniel Cummings, Nigel Stephenson, Fitzgerald Bramble, Benjamin Exeter, Lavern Gibson-Velox, Randolph Bernard Wyllie, Chieftain Neptune, Roland Matthews, Shevern John, Israel Bruce, Noel Dickson, and Kay Bacchus-Baptiste, who ran for the NDP in the last general elections, some of whom won in their respective constituency, to do the same as I have advised Dr. Godwin Friday above.

    If in the future the NDP or another political party wins the general elections in SVG, I will hold them just as accountable as the ULP to act to address various human rights issues in SVG, including human rights issues that affect LGBTQ+ persons.

    When many people from my generation and the younger generations coming up look back on this time and history they will see how the people who were supposed to be leaders acted or omitted to act on various human rights issues. Like how we now frown upon various things and people who sought to deny black people and women their rights not too long ago, we will also look back and frown upon various things and people from during this time in relation to LGBTQ+ rights in SVG.

    Laws that criminalize private consensual same-sex relations or conduct between adults unequivocally violate human and constitutional rights. Religion, tradition, culture, morals, values, or even what any politician or judge has to say, cannot and should not be used to justify them.

    Author: Jeshua Bardoo is a Vincentian Lawyer with an LLM in International Human Rights Law. He is also the Founder and President of Equal Rights, Access and Opportunities SVG Inc. He can be contacted via email at [email protected] 

    Share.

    Related Posts

    ULP View: SVG’s economy on the upswing


    THE ISSUE

    Two weeks ago, the World Bank issued its economic growth forecast for the Caribbean for the year 2025.  The World Bank projects real economic growth for SVG at 4.9 percent, second only to Guyana’s 10 percent; the latter’s economy is power-charged by its nascent oil and natural gas industry.  If one takes the outlier, Guyana, out of the equation, the average projected economic growth for the rest of the CARICOM region is 2.9 percent, way below the projected real economic growth for SVG of 4.9 percent.

    This projection comes in a sequence to robust economic growth in SVG, post-COVID.  And during the COVID period 2020-2021 (which includes the time of the volcanic eruptions of April 2021, and Hurricane Elsa in July 2021), SVG performed much better than the rest of CARICOM, save and except the outlier, Guyana.

    During the period since the general elections of November 2020, some impressive macro-economic accomplishments in SVG have come to the fore, including:

    1.The largest single increase in minimum wages ever, in excess of one-third on an average; and for some categories of workers, increases by nearly 100 percent.

    2.Salary increases for public servants, cumulatively, over a three-year period (2023-2025) of 7 percent; for nurses an additional 5 percent tax free since January 1, 2024. And there are built-in increments for more than one-half of public servants, amounting to 2 percent annually.

    3.A decrease in personal income tax and corporate tax: At the top, the rate fell from 30 percent to 28 percent; and, at the bottom, there was an increase in the threshold below which no personal income tax is to be paid from $22,000 to $25,000 annually; in short, no worker pays any income tax on his/her first $25,000 annually.

    4.Record levels of capital expenditure achieved by the central government in each of the post-COVID years, arriving at a level in excess of $500 million in 2024; the last year of the NDP time in government, 2000, capital expenditure was a paltry $35 million.  The ongoing physical infrastructure projects are truly amazing.

    5.The opening of the Sandals Resort at Buccament in March 2024; over 300 rooms/suites costing nearly US $300 million (EC$800 million).  Tourism expansion is being ramped up.

    6.The start-up of the US$270 million Modern Port Project in Kingstown, due for completion in August 2025.

    7.The start-up of the $100 million Acute Care Hospital at Arnos Vale; started early this year, due for completion in late 2027.

    8.The sharp rise in tourism arrivals sparked by hotel expansion and airlift: International carriers ply routes to and from SVG with the cities of London, Toronto, New York (3 carriers), Charlotte, Miami, and in early December 2025, Atlanta.  Regional carriers have been added to the roster.

    9.The reform of the NIS so as to protect workers’ pensions and to provide NIS sustainability for at least another 35 years; barring any cataclysmic event.

    10.Medium-to-Low Inflation: Three years ago, the inflation rate was nearly 7 percent driven by external forces; in 2025, inflation has moderated to 2 percent annually.

    11.Monetary stability: Exchange rate of EC$ fixed to US$ at EC$2.70 to US$1.00. No foreign exchange restriction.

    12.Banking and financial stability continues.

    13.Fiscal consolidation and stability; manageable public debt.

    14.Recovery and reconstruction continue apace after COVID (2020-2021), volcanic eruptions (April 2021), Hurricane Elsa (July 2021), Hurricane Beryl (July 2024), intermittent period droughts (2020) – 2025).

    15.Strengthening of food security: Recovery and consolidation in agriculture and fisheries.

    16.Further economic diversification: Culture, the arts, sports, entertainment, professional services, and light manufacturing.

    17.Robust advances in the backbone of telecommunications.

    2001 – 2025: SOCIO-ECONOMIC GROWTH ACCELERATES

    The nominal Gross Domestic Product (GDP) at market prices at the end of the year 2000 was under EC$800 million; in 2025, the similar metric is EC$3.2 billion, more than four times the number for 2000.  The average GDP per head of population in 2000 was under EC $8,000; in 2025, the comparable figure is EC$29,000.  Inflation over the 2001-2025 is estimated, point-to-point, at roughly 50 percent, in the application of a GDP deflator.  Thus, on an average, personal incomes have more than doubled in real terms.  This is reflected, too, in the incomes of the working people.  In the case of public servants, the salaries and benefits, in real terms, have increased faster than the growth of real GDP; in other words, they have benefited well from the GDP increases.
    According to the United Nations Development Programme (UNDP) which constructs the Human Development Index (HDI), and measures countries accordingly, SVG has moved from “the medium level” human development in 2000 to “a high level of human development” in the post-COVID period.  This index includes measurements of per capita income, years of schooling, poverty and unemployment, life expectancy, social protection, and certain health indicators.

    All of this progress on the socio-economic front is evident in the following facts, among others:
    1.Steep rise in real average per capita incomes as shown above.

    2.More persons are in paid employment than ever before: Unemployment has fallen from 21 percent of the population to approximately 10 percent.  The number of active workers (employees and own-account workers) registered at the NIS has moved from some 30,000 at the end of 2000 to 46,000 at the end of 2024; and the total population has remained stable over that time period.

    3.Poverty has fallen from 37 percent of the population in 2000 to more than one-half of that number in 2024; indigence (“dirt poor” poverty) was 26 percent in 2000 and dropped to under 5 percent in 2024; undernourishment has followed the same decline as indigence.

    4.The number of houses has nearly doubled in 24 years from around 25,000 in 2000 to 47,000 in 2024.  And the quality of the houses has improved immensely.5.Water and electricity connection to homes has jumped from under 70 percent of the homes (a smaller number) to 90 percent of the homes (a much larger number) between the years 2000 and 2025.

    6.Life expectancy at birth has risen sharply; maternal deaths are now statistically zero; in-fact mortality has slumped dramatically; immunization of children under the age of 5 years is statistically 100 percent.

    7.Social protection has widened and strengthened: Public assistance for poor people has risen from $50 per month in 2000 to $300 monthly, in 2025; today nearly 5,000 persons (mainly elderly, unable to work, or disabled) are on public assistance.  At the NIS, minimum pensions, and average pensions, have risen substantially; and as the NIS system matures nearly 10,000 persons receive NIS pensions — there is large growth in the number of pensioners; the over-60 segment of the population is the fastest growing in the country.

    8.In 2000, there were sharply 8,000 vehicles on the road; today, there are nearly 35,000 vehicles on the road.

    9.In 2000, there were hardly any cell phones and little or no internet.  Today, there are over 120,000 cell phones and internet penetration to homes is in excess of 75 percent.

    10.Access to quality, affordable health has been enhanced by leaps and bounds.

    11.Recreation, sports, and culture have advanced immeasurably in every material particular.

    12.Overall, good governance and a deepening of democracy have advanced to among the best in the world, as assessed by independent observers.

    TOWARDS THE FUTURE

    The ULP government in communion with the people, inclusive of the people’s genius, have fashioned for now, and the future, the following for our country’s advancement and development:  A people-centred vision; a philosophy of social democracy as applied to our country’s situation; the rubric of our Caribbean civilisation and its magnificent Vincentian component through which to pursue our path to sustainable development in our own defined way; the quest to build a modern, competitive, many-sided post-colonial economy which is at once local, national, regional, and global; an economic approach grounded in a tri-partite partnership between the private, cooperative (including credit unions), and the state sectors; the shaping of a bundle of appropriate policies and programmes against the background of the above elaborations and in the context of the 17 Sustainable Development Goals; the strengthening of good governance, democracy, an alive constitutionalism, and people’s human rights, inclusive of citizen security; the pursuit of deepening a mature regionalism; and an efficacious foreign policy, inclusive of a foreign trade policy.

    The details of all these ideas, directions, policies, and programmes are available in our 2025 Election Manifesto, the many speeches of our leaders, our various official documents, and the writings of our leaders, inclusive of the prolific outpouring of writings from Comrade Ralph.  And listen carefully to the ULP’s specific policies and programmes, progressive and uplifting, for the next five years.  Creative ideas galore!

    Meanwhile, the NDP wallows in rubbish, verbal abuse, and plans to sell-out our country and our very patrimony.  The NDP will be defeated again!  The NDP and its fellow-travellers, all self-seeking to the core, are already “eating ah food” from the European, Chinese, and Indian wannabe sellers of our passports and assorted hegemons from mainland China. NDP eating Chinese take-away and Indian cuisine from overseas. And we ain’t dreaming.  These are facts!

    Add A Comment

    Comments are closed.