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Kingston, Jamaica – July 29, 2025

The Eastern Caribbean Supreme Court has declared that sections 132 and 133 of the Criminal Code criminalizing buggery and gross indecency are inconsistent with various Constitutional rights protected under the Bill of Rights of the Constitution of Saint Lucia.

Caribbean Forum for Liberation and Acceptance of Genders and Sexualities (CariFLAGS) is encouraged by this, and we stand with our affiliates The Eastern Caribbean Alliance for Diversity and Equality (ECADE) and United and Strong, in welcoming this historic ruling.

The Honourable Justice Innocent declared that sections 132 and 133 of the Criminal Code of Saint Lucia criminalizing consensual same sex intimacy in private contravene the rights to protection of the law, privacy, life, liberty, security of the person, freedom of expression, and protection from discrimination on the basis of sex (interpreted to include sexual orientation). This sends a strong statement that these colonial-era laws are incompatible with Human Dignity and modern democratic principles.

Dane Lewis, CariFLAGS Regional Programme Manager, “we are heartened by the reminder that our Caribbean Courts embrace an interpretation of the right to privacy which recognises the dignity of each person. With this ruling the courts demonstrate extraordinary commitment to the rule of law, declaring unconstitutional any legislation criminalising sexual acts between consenting adults deemed to be inconsistent with core constitutional values of the nation as we have seen in the OECS over the past few years.”

We know that the so called buggery law, despite not being frequently enforced in many territories, has had far reaching impact on, among other aspects, the quality of life, and mental health of Caribbean lesbian, gay, bisexual, transgender and queer (LGBTQ+) people who endure stigma and isolation from family members; as well as social exclusion, public hostilities, discrimination in the workplace, police brutality and sexual violence. 

We note well the trend of the Eastern Caribbean Supreme Court in declaring these provisions unconstitutional and ordering that the law be read in a way that removes discriminatory language and recognises the rights of all consenting adults, regardless of gender, affirming the dignity and humanity of LGBTQ+ individuals in Saint Lucia. We also recognise that the reversal of the ruling based on the appeal in Trinidad and Tobago as well as  the outcome of the challenge in St. Vincent and the Grenadines are out of step with the positive moves we are seeing in the Eastern Caribbean. 

CariFLAGS truly welcomes the judgement in favour of rights to protection of the law, privacy, life, liberty, security of the person, freedom of expression, and protection from discrimination on the basis of sex (interpreted to include sexual orientation) as it represents a solid step towards equality and equity for LGBTQ+ people in the Caribbean region.

CariFLAGS calls on all governments of the Caribbean to:

• Remove archaic laws that criminalize sexual activity between consenting adults
• Establish Human Rights Institutions compliant with the Paris Principles
• Meaningfully engage their citizenry on human rights;
• Engage with civil society, development partners and other stakeholders in enacting policies and laws that will protect the most marginalised communities; and
• To comprehensively address gender-based discrimination, violence and inequalities.

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