MSMNPA.ORG Pride 2005

Human Rights Advocacy in the Caribbean – The Writing on the Wall

Is the reform of Buggery/Sodomy Laws in the Caribbean inevitable? Opinion is divided. Two possible reasons for this are that Penal Codes differ and there are different policies as to what is actually criminalized from country to country. The engine driving law reform today is undoubtedly the AIDS epidemic and the big dollars flowing into the region to fight it. On the flip side there is entrenched homophobia linked to conservative religious views. Intolerance is further fanned by popular culture and difficult economic times for many islands, along with a fear of foreign cultural agendas. In this climate, what are the opportunities and challenges for sexual rights in the Caribbean today? This edition addresses the issue of Advocacy and Human Rights in the Caribbean. As such we would like to remind you that our Rainbow Flag was developed in response for the need of a ‘community’ symbol. According to Gilbert Baker - its creator, the colours: Red, Orange, Yellow, Green, Blue and Purple - represents the diversity of our community and the elements respectively: life, healing, sun, nature, art, harmony and spirit.

Twenty five years fighting AIDS in other regions has taught us the ‘AIDS paradox.’ The conventional wisdom in pubic health circles is that criminalizing sexual behaviour between men actually increases the spread of AIDS. This is because it makes HIV prevention education with men who have sex with men more difficult, though in fact sex between men is not in and of itself a risky activity. Further, the argument runs, buggery laws feed a climate of hatred which impacts deeply on self-esteem. People take more risks when they don’t feel good about themselves, and this includes sexual risks. In the context of AIDS, the sexual rights agenda becomes a public health agenda.

Last year in Jamaica these linkages were starkly documented by Human Rights Watch (HRW), a US-based human rights organization. The titled of the report – ‘Hated to Death: Homophobia, Violence and Jamaica’s HIV/AIDS Epidemic’ – says it all. One can refer to www.hrw.org for additional details. The government’s first reaction was defensive – labelling the report as misleading and inflammatory (although local human rights groups also backed the findings). Yet the Jamaican government has refused to repeal buggery laws, while the HRW alleges police allowed homophobic violence to continue unchecked.

Now is the time to push hard to repeal these somewhat different discriminatory colonial laws and reform police practices across the region. Firstly, because of the public health imperative to stop AIDS now. Secondly, because the spotlight on AIDS has also brought these and other human rights issues to the fore. As a result, international assistance is increasingly available to support related human rights advocacy. Is this cultural imperialism? It is an easy slur, but denies the voices of men who have sex with men across the Caribbean (Free Forum is ample evidence that Caribbean men who have sex with men want the same rights as everyone else.) Finally, because human rights abuses are never acceptable - ‘now’ is always the best time to stand up and fight for the right to love with dignity.

For all its beauty, the Caribbean is a relatively unpopulated region. In a few years the AIDS epidemics in Eastern Europe and Asia may begin to rival those in Africa. Then the human rights spotlight and the dollars to fight AIDS may well refocus elsewhere. When that happens, funds will dry up and organizing between these small countries will be more difficult. Governments across the region may then feel less pressure to tackle human rights issues.

Ironically the AIDS epidemic in the Caribbean is not and has never been an exclusively gay epidemic. Young women are already far more likely to be diagnosed with AIDS than young men. The repeal of buggery laws won’t stop the AIDS epidemic in the Caribbean, but it will signal the political will to address the underlying issues, including prejudice and discrimination.

Written specifically for FRee FORUM – David Patterson. Legal Consultant. Canada