Caribbean

22 April 2024 – UNAIDS welcomes the decision of the High Court of Dominica to protect the rights of LGBTQ people in Dominica.

Today the Court ruled that sections 14 and 16 of the Sexual Offences Act (SOA), which had criminalised consensual same sex activity between adults, are unconstitutional under the Constitution of the Commonwealth of Dominica. The Court ruled that the former provisions violated the right to liberty which is guaranteed by section 1(a) of the Constitution, freedom of expression which is guaranteed by sections 1 (b) and section 10 (1) and protection of personal privacy which guaranteed by section 1 (c).  

In a decision by Justice Kimberly Cenac-Phulgence on a claim brought by a gay man, the Court found that:

“criminalising sexual relations between consenting adults of the same sex as effected by sections 14 and 16 of SOA is an unjustifiable restriction on the constitutionally guaranteed right to freedom of expression in a free and democratic society”.

Equally powerfully, the court accepted that the right to protection of privacy of the home encompasses:

“private and family life and the personal sphere which includes one’s sexual identity and orientation as well as intimate activity with a partner of a person’s choice. Therefore Sections 14 and 16 of the SOA contravene the Constitution in so far as they intrude on the private home life of an individual by proscribing the choice of consenting adults as to whom to engage in intimate sexual activity with,  and are therefore, void.”

Dominica is the sixth country in the Caribbean in which powerful community action has resulted in the removal of the criminalisation of same-sex relations. As well as advancing human rights for everyone including LGBTQ people, this legal progress will also advance public health for everyone. The series of rulings made across the Caribbean are helping the region to speed up its progress towards zero new HIV infections, zero AIDS-related deaths and zero discrimination for affected people.

Winnie Byanyima, Executive Director of UNAIDS, said:

“Today another Caribbean Court has struck down the harmful old colonial punitive law which had criminalised LGBTQ people. Dominica’s ruling is a win for public health as well as for human rights. Protecting the human rights of all people is essential to protect the health of all people. Courts, as the guardians of written Constitutions which enshrine fundamental rights, are vital pathways for the realisation of everyone’s rights.”

UNAIDS congratulates Dominica and especially honours the fortitude of frontline communities in Dominica for leading the movement for the human rights of all people.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

The humanitarian crisis in Haiti is exacerbating the vulnerability of people living with or affected by HIV, particularly women, girls, and key populations. The situation has deepened existing inequalities, and multiplied the risks faced by marginalised communities. In the face of this adversity, UNAIDS continues to work with partners to ensure that people living with or affected by HIV have access to life-saving HIV services, including treatment and prevention services.

For example, in the West Department, over 50,000 people are receiving antiretroviral treatment and are at high risk of disruption. HIV prevention and health care services also face disruption. The recent violence continues to leave thousands of families traumatized. Thousands of people now find themselves unsafe and exposed to all types of risks. Displaced people and vulnerable populations need emergency aid and safe, protected spaces.

"Communities already at risk of HIV in Haiti have been made even more vulnerable, and people living with HIV are facing greater challenges in accessing treatment and care", said UNAIDS Regional Director for Latin America and the Caribbean, Luisa Cabal. "Together with all the United Nations agencies, and with partners, UNAIDS is advocating for safe and unhindered humanitarian access, and the protection health facilities and health workers."

The situation in Haiti is dire, with over 5.5 million people in need of assistance, including more than three million children. The World Food Programme has noted that around 1.4 million Haitians are "one step away from famine." The UN Humanitarian Coordinator for Haiti has noted that the humanitarian response plan is only six percent funded. Less than half of the health facilities in Port-au-Prince are functioning at their average capacity, and there is a pressing need for safe blood products, anesthetics, and other essential medicines.

In the face of these challenges, UNAIDS and its Cosponsors, together with the United States President's Emergency Plan for AIDS Relief (PEPFAR), the Global Fund to Fight AIDS, Tuberculosis and Malaria, and the Observatory of Civil Society for HIV/TB/Malaria are supporting Haiti’s National AIDS Program.

UNAIDS has been working with the Ministry of Health and Population Unit for Management of Health Emergencies to support HIV treatment delivery. This support includes programmes to provide a broad package of support to affected communities. For example, together with the United Nations High Commissioner for Refugees (UNHCR) and in collaboration with the Organisation de Développement et de Lutte contre la Pauvreté (ODELPA), UNAIDS supports girls and women who are survivors of gender-based violence by training community leaders and granting empowerment funds for women and men's income-generating activities.

"We are working to ensure that people living with HIV have continuity of antiretroviral treatment as well as access to essential needs, especially including the most vulnerable people across the most affected areas," explains Christian Mouala, UNAIDS Country Director for Haiti. "UNAIDS remains committed to not let the humanitarian crisis disrupt the progress that has been made in the HIV response.  The United Nations stand together to support the people of Haiti."

UNAIDS is concerned about the impact on peoples’ health and rights following the decision of the High Court of St. Vincent and the Grenadines regarding sections 146 and 148 of the Criminal Code, which upholds discriminatory and harmful laws against LGBTQ people.

On Friday, February 16, 2024, the High Court, in an oral delivery, denied the claim by two Vincentian nationals, who reside outside of the country, that sections 146 and 148 of the Criminal Code criminalising buggery between any two persons with a penalty of up to 10 years imprisonment, violate the fundamental rights to privacy, personal liberty, freedom of conscience, freedom of expression and protection from discrimination. The Court dismissed in their entirety all claims by the two Claimants and awarded the sum of EC$7,500 prescribed costs to the Attorney General to be paid by each of the Claimants. 

In the written decision published February 22, 2024, the Court in dismissing the consolidated claims of Javin Johnson and Sean MacLeish held that the Claimants had failed to establish on the evidence, a present or existing breach of any alleged rights due to lack of locus standi (the requisite standing to invoke a review by the Court) as the Claimants do not reside in the State and had not for years prior to the filing of the claims.

UNAIDS is particularly concerned that the judgment referred to protecting public health and tackling the HIV epidemic as justifying punitive anti-LGTBQ laws, because the evidence shows that such laws hinder efforts to protect public health and tackle the HIV epidemic. At paragraph 267 of the judgment the court asserted: 

“to my mind the thought of a public health crisis occasioned by an unstemmed deluge of new HIV cases is a real and serious concern which reasonably justifies a public health response of the kind embedded in the challenged provisions”.

In fact, studies show that these laws have negative health outcomes. A punitive legal environment, including criminalisation of same sex relationships, drives people underground and away from vital health services, including HIV prevention, testing, treatment, and care. To achieve the goal of ending AIDS as a public health threat by 2030, it is vital to ensure that everyone has equal access to essential services without fear, stigma or discrimination.

UNAIDS has estimated that not achieving decriminalization of key populations in all countries would result in about 750 000 cumulative new HIV infections from 2020 to 2030.

The decision made in the High Court of St. Vincent and the Grenadines stands in stark contrast to the rulings in Belize, Guyana, Trinidad and Tobago, Antigua and Barbuda, St. Kitts and Nevis and Barbados where the courts ruled that laws which criminalise persons based on sexual orientation and gender identity violate the protected rights to dignity, privacy, personal liberty, freedom of conscience, freedom of expression and protection from discrimination.

Regardless of the outcome of this court decision, UNAIDS holds hope that the courts will serve as a vital last resort for social justice, the protection of human rights and the advancement of public health for improved health and wellbeing for all. UNAIDS work to end AIDS and to leave no one behind will continue in partnership with communities and with all branches of government, including the courts.

Punitive laws obstruct the end of AIDS and ultimately hurt everyone’s health. As we prepare for observance of the tenth anniversary of Zero Discrimination Day on March 1^st, 2024, we pay tribute to the courage of communities, and call on all duty bearers to protect the health of all by protecting the human rights for all.

NOTE FOR THE EDITORS:

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals.

ZERO DISCRIMINATION DAY

March 1^st this year is the tenth anniversary of Zero Discrimination Day. Upholding everyone’s rights is the responsibility of us all. Everyone can play a part in ending discrimination. On 1 March, and across the whole month of March, events, activities and messages will remind the world of this vital lesson and call to action: to protect everyone’s health, protect everyone’s rights. #ZeroDiscrimination

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

At Refuge des Femmes d'Haiti, a small women's community-based organization in the commune of Croix-des-Bouquets, Port-au-Prince, Martha Norcimè, a 34-year-old pregnant woman from the nearby commune of Delmas, completes her training in sewing and macramé—a form of textile produced using knotting techniques.

She is part of a group of vulnerable women deeply affected by the gang violence and warfare that has impacted several areas of the capital since early 2022. Most of her peers came from Croix-de-Bouquets. All of them—including women with HIV—living in challenging circumstances, who have seen their livelihood completely disappear throughout these past two years as violence rose.

"I will soon give birth to my first child. I used to sell food and cleaning products that I was buying on the Haitian-Dominican border between Jimani and Malpasse, and I was then selling in markets in the city and in my neighborhood,” recalls Martha. “But I could no longer continue, given the blockade of the North city entry controlled by armed gangs. So many women traders are raped, kidnapped, or robbed by them."

In the fall of 2022, a joint UN project coordinated by the UNAIDS Country Office in Haiti, with participation from UNFPA, UNDP, and UNICEF, has been launched in partnership with Refuge des Femmes d’Haiti and with the support of FOSREF, a Haitian non-governmental organization. The goal is to support women and girls living this daily reality by empowering and giving them the tools to remain healthy and overcome the feminization of HIV in Haiti.

Haiti’s significant gains made over the past decade in controlling its HIV epidemic are now under threat, particularly in the capital, where a third of the 11.8 million Haitians reside. The brunt of an ongoing socio-economic and security crisis triggered by the assassination of former President Jovenel Moïse in July 2021 is borne by adolescent girls, young and adult women.

The feminization of HIV has long been a feature of the Haiti pandemic with HIV prevalence for females at 2.3%, compared to 1.6% among men. Still, the continuing multi-faced and profound crisis, fueled by such levels of violence, is exposing thousands of women to HIV infection.

In October 2022, a joint human rights report published by the United Nations Integrated Office in Haiti (BINUH) and the Office of the United Nations High Commissioner for Human Rights (OHCHR), entitled Sexual violence in Port-au-Prince: a weapon used by gangs to instill fear denounced collective rape by gangs in the capital as a weapon of war. In May 2023, research conducted by the Global Initiative Against Transnational Organized Crime in Cité-Soleil, another impoverished commune in Port-au-Prince deeply hit by gang activity, found that 80% of the women and girls who participated in the study had been victims of one or more forms of gender-based violence by one or multiple perpetrators.

"We work closely with UN Agencies to support women, victims of violence, make them financially independent and thus reduce the feminization of HIV, sexual and gender-based violence and maternal and neonatal mortality," says Novia Augustin, President of Ref-Haiti, and of the Federation of Women Organizations for the Equality and Human Rights (FEDOFEDH). "Difficulties are several, but the biggest is insecurity and the lack of financial resources. My motivation comes from our results: When I look at the satisfaction on the faces of the women we have accompanied, the recognition they show, I tell myself that it is worth it, despite all the difficulties encountered and the risks incurred."

Martha recalls how Novia opened the door to her for intensive training every day from 8 a.m. to 4 p.m. At the time, she was already pregnant. And despite the pregnancy-related fatigue, she did not miss a single day of class. “I can sew skirts, bonnets, blouses and even sandals!" she says proudly. "But I can't do anything now because of this crisis. Sometimes I even miss my pre-natal appointments with the doctor just because I am afraid to go out."

Besides training, Ref-Haiti also included discussions  on HIV risk and prevention, gender-based violence, sexual and reproductive health, family planning, and cholera. The awareness-raising activities targeted women beneficiaries and hundreds of young girls of other affected communes.

"We are working to support an integrated health response for women and girls so severely affected by gang violence and by socio-economic inequality”, says Christian Mouala, UNAIDS Country Director for Haiti. “We are proud of women-led local organizations such as Refuge des Femmes and their immeasurable efforts to support women to overcome the challenges they face."

All photos by UNDP Haiti

GENEVA, 13 December 2022—UNAIDS welcomes the judgement by the High Court in Barbados to strike down the country’s colonial-era gross indecency and buggery laws that criminalised consensual same-sex relations.

“This historic decision is a significant step towards protecting the human rights and dignity of LGBT people in Barbados,” said Luisa Cabal, UNAIDS Regional Director for Latin America and the Caribbean. “It will also strengthen the country’s HIV response by helping to reduce stigma and discrimination faced by LGBT people and increasing the uptake of HIV testing, treatment and prevention services.”

Under section 9 of the Barbados Sexual Offences Act, punishment could lead to life imprisonment for men engaging in same-sex sexual activity. Under section 12, both men and women were criminalised and liable to up to 10 years imprisonment. Laws that punish consensual same sex relations, in addition to contravening the human rights of LGBT people, act as a barrier to improving health outcomes, including in the HIV response. Such laws sustain stigma and discrimination against LGBT people and stop LGBT people seeking and receiving healthcare for fear of being punished or detained. Decriminalisation saves and changes lives and builds stronger societies.

Barbados becomes the third Caribbean country this year to announce the repeal of such discriminatory legislation. The case was filed by two Barbadian LGBT advocates with local organisation Equals Barbados providing community support, and the regional LGBT umbrella organisation, the Eastern Caribbean Alliance for Diversity and Equality, convening the process.

Earlier this year, courts in Antigua and Barbuda and St Kitts and Nevis also struck down as unconstitutional laws that criminalised gay men and other men who have sex with men. There now remain six countries in the Caribbean that criminalize gay sex between consenting adults, all of them former British colonies. They are Dominica, Grenada, Guyana, Jamaica, St. Lucia, and St. Vincent and the Grenadines.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.

Following a five-day visit to Jamaica to see first-hand the extraordinary work of joint efforts by the government, partners and communities to end AIDS, UNAIDS Executive Director Winnie Byanyima issued the following statement:

“I have observed strong political commitment and country ownership in Jamaica’s response to HIV. I also witnessed the active contribution and engagement of civil society and communities living with or affected by HIV. Your dedication and commitment give me hope that Jamaica and the wider Caribbean region can end AIDS.

However, there are barriers to overcome, these include addressing inequalities, eliminating stigma and discrimination, ending punitive laws which harm the AIDS response, and eliminating gender inequalities, including gender-based violence. In all my engagements with senior government officials, civil society and international development partners, I have shared four vital recommendations to overcome inequalities and ensure a sustainable response to HIV:

• Getting the data right—and using the evidence to ensure access to HIV services for everyone who needs those services, free of stigma and discrimination
• Improving governance and coordination for a truly multisectoral and multidisciplinary HIV response
• Ending gender-based violence – and especially sexual violence
• Increasing fiscal space and efficiently investing in what works

More investment is needed to end persistent structural barriers and develop anti-discrimination legislation. Social contracting schemes need to be implemented with civil society, which will be transformational in delivering community-level services. Health systems must be strengthened to deliver people-centred services more efficiently and more cost-effectively, which is also crucial for pandemic preparedness.

As the Executive Director of UNAIDS my commitment is to intensify and expand support from our 11 Cosponsors to end AIDS in Jamaica and across the Caribbean. In supporting efforts to increase access to HIV prevention and treatment services and in ensuring an enabling environment where people feel safe in accessing those services.

UNAIDS will support efforts to integrate HIV into other health services, especially at the primary health care level, without compromising the quality of HIV services being delivered. UNAIDS further commits to strengthening partnerships with our stakeholders in the region and ensuring effective coordination of our efforts.

We will also work with the President’s Emergency Programme for AIDS Relief (PEPFAR), the Global Fund to Fight AIDS, TB and Malaria, and the Pan-American Health Organization (PAHO) to strengthen data systems and ensure a response which is evidence based and which reaches the people most in need. UNAIDS will also continue to work with partners to mobilize resources to support Jamaica’s efforts to fight HIV.

Jamaica is making progress. But I know Jamaica can move faster and reach the 15 000 people living with HIV, including over 300 children, who are currently not accessing HIV treatment.

We only be able to end the HIV pandemic, or indeed any other pandemic, when human rights are respected and when everyone is supported in accessing the health and social services they need.

I thank the Government of Jamaica, civil society and everyone who made my stay in the country an exciting one. I salute all of you for your tireless efforts and your ongoing work. We are making progress. Let's get everyone who is not on treatment on treatment. Let's eliminate vertical transmission. I am confident that Jamaica can end this fight. UNAIDS is here to support you. We can – we will – end AIDS in Jamaica and the Caribbean.”

UNAIDS is saddened by the passing of long-time HIV and public health adviser to the Caribbean, Dr. Michel de Groulard. Michel had more than 30 years’ experience in International Public Health, with around 25 years dedicated to HIV.  

Michel was a French citizen who made the Caribbean his home. He lived in Trinidad and Tobago for several years and up to the time of his passing.  

A medical doctor by training, Michel worked on several public health projects for the French Ministry of Foreign Affairs and provided healthcare to remote, desert villages in Mauritania and Cameroon. He also served as a Public Health Officer in the Grenada Health Ministry and an HIV Project Manager at the Caribbean Epidemiology Centre.

Michel joined UNAIDS in 2001 as a Senior Partnerships Adviser. He went on to serve the Caribbean region in a number of positions with UNAIDS, including Senior Program Adviser to the region for more than seven years. He had just last month concluded a two-year appointment as interim Country Director for the Guyana/Suriname office which he opened in Georgetown in 2005.

In his HIV work over the years, he continuously placed a strong emphasis on the role of civil society at all levels of the response to address risk and vulnerability, gender issues and barriers to access services. Michel provided technical support for the creation of the Caribbean Network of People living with HIV in 1996 and the establishment of the Caribbean Vulnerable Communities Coalition in 2005. For several years he was Vice Chair of Community Actions Resource, Trinidad and Tobago’s oldest organization serving people living with HIV.

Above all Michel was a champion for the marginalized and excluded, especially people living with HIV and key populations. He ensured that communities’ concerns and voices were put at the centre of planning and advocacy. He is remembered by civil society and for championing their critical importance in shaping public policy and delivering services.

Michel never truly retired. Always energetic and committed, he took on several challenges following his initial departure from UNAIDS in 2013. This included the role of Regional Manager for the USAID/PEPFAR LINKAGES programme for the Eastern and Southern Caribbean. He also volunteered with the Alliance Française in Port of Spain.

His interests in epidemiology and public health were enduring. Since the start of the COVID-19 pandemic, for example, he compiled and disseminated daily country and regional graphs tracking new infections and deaths in the Caribbean. His nightly WhatsApp messages to friends and colleagues continued until the night before his passing.

Michel loved to cook and would often entertain friends at home with his famous quiche. He encouraged us all to eat healthily and work out.

Michel served with distinction as an international civil servant, and he touched many lives. He was a real champion for ending inequalities. We have lost a great brother, a wonderful human being and a very committed professional with exceptional leadership skills and understanding of human rights and inclusion. We extend our deepest condolences to his family. We shall miss him.

GENEVA, 30 August 2022—UNAIDS welcomes a St. Kitts and Nevis High Court ruling that laws criminalizing gay sex are unconstitutional, meaning that they are immediately struck from the legal code. The Court upheld the plaintiffs’ claim that Sections 56 and 57 of the Offences Against the Person Act violated the right to privacy and freedom of expression.

“This landmark ruling is an important step forward in ensuring equality and dignity for the lesbian, gay, bisexual and transgender community in St. Kitts and Nevis and the whole Caribbean,” said Luisa Cabal, UNAIDS Regional Director for Latin America and the Caribbean. “Today, St. Kitts and Nevis joins a growing list of Caribbean nations that have overturned these colonial-era laws that deny people’s human rights and hold back the response to the HIV pandemic. Everyone benefits from decriminalisation.”

Laws that punish consensual same sex relations, in addition to contravening the human rights of LGBT people, are a significant obstacle to improving health outcomes, including in the HIV response. Such laws help to sustain stigma and discrimination against LGBT people and are barriers to LGBT people seeking and receiving healthcare for fear of being punished or detained. Decriminalisation saves and changes lives.

The claim against the government of St. Kitts and Nevis was brought by a citizen, Jamal Jeffers, and the St. Kitts and Nevis Alliance for Equality, with the support of the Eastern Caribbean Alliance for Diversity and Equality. The ruling by the High Court follows a similar High Court decision for Antigua and Barbuda in July. Courts in Belize and Trinidad and Tobago have also repealed sections of their legal codes that criminalized same-sex sexual relations.

There remain seven countries in the Caribbean that criminalize gay sex between consenting adults, all of them former British colonies. They are Barbados, Dominica, Grenada, Guyana, Jamaica, St. Lucia, and St. Vincent and the Grenadines.

“Caribbean civil society is determined, and Caribbean courts are clear. The clock is ticking on these damaging colonial laws,” said Luisa Cabal. “Countries that have still not taken these laws off the books need to do so as a matter of urgency, for the health and human rights of all their people.”

The Court ruling reduces to 68 the number of countries worldwide criminalizing same-sex sexual relations. Earlier this month, Singapore announced that it is repealing legislation that punished gay sex by a prison sentence of up to two years.

UNAIDS

The Joint United Nations Programme on HIV/AIDS (UNAIDS) leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths. UNAIDS unites the efforts of 11 UN organizations—UNHCR, UNICEF, WFP, UNDP, UNFPA, UNODC, UN Women, ILO, UNESCO, WHO and the World Bank—and works closely with global and national partners towards ending the AIDS epidemic by 2030 as part of the Sustainable Development Goals. Learn more at unaids.org and connect with us on Facebook, Twitter, Instagram and YouTube.