Barbados

Same-sex sexual activity is prohibited under the Sexual Offences Act 1992, which criminalises acts of ‘buggery’ and ‘serious indecency’. These provisions carry a maximum penalty of life imprisonment. Both men and women are criminalised under this law.

These provisions were inherited from the British during the colonial period, in which the English criminal law was imposed upon Barbados. The provisions have been retained in subsequent statutes following independence and Barbados continues to criminalise same-sex sexual activity today.

There is no evidence of the law being enforced for many years, and it appears to be largely obsolete in practice. Nevertheless, the mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination (see further). There have been consistent reports of discrimination and violence being committed against LGBT people in recent years, including assault, harassment, and the denial of basic rights and services.

2021

In September, the proposed Charter of Barbados was launched by the government for consultation as part of the development of a new constitution, following the country’s transition to a republic. In November the Charter  was debated in the House of Assembly. Article 1 of the proposed Charter states that “All Barbadians are born free and are equal in human dignity and rights regardless of (…) sexual orientation.”

2019

On 1 November, the Eastern Caribbean Alliance for Diversity and Equality (ECADE) announced the launch of five legal challenges to the criminalisation of private, consensual same-sex sexual activity in Antigua and Barbuda, Barbados, Grenada, St. Kitts and Nevis and St. Lucia, all expected to be filed by the end of 2019. ECADE Executive Director, Kenita Placide, said: “This is four years in the making. While the process of litigation is important, the main part of this journey was to strengthen the organisations and the communities within the countries they serve. We also needed to understand how these laws contribute to the stigmatisation of lesbian, gay, bisexual, transgender, queer and intersex (LGBTQI) people, how they legitimise hate speech, discrimination and violence and tear at the heart of the family that our society, including our governments, have sworn to protect.”

2018

In June, three members of the LGBT community, a transgender woman, Alexa Hoffman, along with a lesbian and gay man, filed a petition at the Inter-American Commission on Human Rights against Barbados’ criminalising provisions.

2014

In June, Barbados noted that it could not join the consensus on the approval of an OAS resolution on sexual orientation, stating, “a number of the issues and terms contained in the Resolution are neither reflected in its national laws nor the subject of national consensus. As such, Barbados would not be in a position to meet these requirements.”

In November, then Minister of the Environment Dr Denis Lowe stated he would resign rather than co-sponsor a bill that would make domestic violence legislation gender-neutral. This followed a commitment by Minister of Labour Senator Dr Esther Byer Suckoo in 2009 to implement domestic violence legislation covering all unions.

2020

The US Department of State report for 2020 found that there were no arrests under the law that year. Reports in preceding years have consistently found a lack of evidence of arrests and prosecutions under the criminalisation provisions. However, the report referenced an unnamed NGO representative which identified the potential for arrest as one of the most significant problems for LGBT people.

2020

The US Department of State report noted that LGBT people face discrimination in employment, housing, education, and healthcare. Civil society noted that LGBT people are vulnerable to threats, crime, and destruction of property both at the hands of police and broader society.

2018

In February, trans activist Alexa Hoffman was attacked with a meat cleaver in her home by a former tenant. Hoffman reported that the police had been slow to respond to the attack despite knowing the identity of the attacker.

In March, Human Rights Watch published a report, I Have to Leave to Be Me, highlighting the extent of discrimination against LGBT people living in the Eastern Caribbean, including Barbados. Interviewees described incidents of violence in public as well as abuse by family members, and noted that the existence of the criminalising provisions encourage people to discriminate against LGBT people.

2016 

In May, the newspaper, Nation, wrote an article referring to the rape of a person who was either a gender non-conforming woman or transgender man, as “male medicine.” LGBT civil society organisation, B-GLAD, condemned the piece and stated it was a “perfect example” of the lack of value placed on LGBT lives and on the lives of masculine-expressive lesbians.

Also in May, a bus driver and fellow passengers allegedly verbally abused a female passenger after identifying her as a lesbian. The driver stated that her throat should be cut, and none of the passengers objected.

2015

The US Department of State Human Rights report documented that activists reported that stigma against LGBT persons persisted. Activists reported some violent incidents based on sexual orientation or gender identity but suggested that social stigma and fear of retribution or reprisal rendered the problem underreported by LGBT persons. Anecdotal evidence suggested that LGBT persons faced discrimination in employment, housing, and access to education and health care. Activists suggested that while many LGBT individuals lived openly, disapprobation by police officers and societal discrimination against LGBT persons occurred.

2014

Barbados Gays, Lesbians and All-Sexuals against Discrimination (B-GLAD), stated that a recent study on discrimination against LGBT people in Barbados found more than 60 unreported instances of discrimination based on sexual orientation in the preceding five years.

2013

One man reported stones were thrown at him and he was insulted with homophobic slurs, an act which was condemned by local LGBT groups. The President of Gays and Lesbians against AIDS Barbados, Darcy Dear, called for the Church and authorities to recognise that acts of persecution against LGBT persons exist.