Issue 20 All pages final

FEATURE

Attorney Andrew O’Kola

LGBTQ CAMPAIGNERS HAIL VICTORY IN LANDMARK COURT RULING ‘LOVE SHOULD NEVER BE A CRIME’ L ocal laws that criminalised same- sex acts between consenting adults may have been unenforced in modern times, but their effect was no less insidious. As long as they remained on the

where LGBTQ people often face verbal abuse and confidentiality breaches. “I have seen first-hand the pain, frustration and anger that the LGBT community experiences when trying to access services,” said WAR’s executive director Alexandrina Wong. Hopes are now high that the ruling will pave the way for similar moves in neighbouring islands. ECADE has been fighting to overturn legislation in several of them. In August, the group also saw success in St Kitts and Nevis when the High Court ruled that laws criminalising gay sex violated the right to privacy and freedom of expression. Seven countries in the Caribbean still criminalise same-sex relations through statutes which have their roots in British colonial-era legislation, namely Barbados, Dominica, Grenada, Guyana, Jamaica, St Lucia, and St Vincent and the Grenadines. While rarely enforced, the laws marginalise LGBTQ people, while tacitly sanctioning violence and discrimination against them. In Antigua and Barbuda, on paper at least, gay intimacy could have technically incurred a 15-year prison sentence, while

statute books they sent a clear message to LGBTQ people that they were wrong, their relationships unacceptable, their way of life depraved. For vulnerable young people struggling with feelings of identity, the ramifications were particularly acute. In July 2022, campaigners emerged victorious in a long-running battle to overturn sections of the Sexual Offences Act 1995 when Antigua and Barbuda’s High Court of Justice ruled that they contravened constitutionally guaranteed rights to liberty, freedom of expression and protection of personal privacy. The case was brought by an openly gay Antiguan man in sync with local lobby group Women Against Rape and the Eastern Caribbean Alliance for Diversity and Equality (ECADE). The judgement was a “clear statement that we must stop the stigma and discrimination against our community,” claimant Orden David said. The lobbyists had argued that the act contributed to hostile healthcare settings

in Barbados the penalty is cited as life imprisonment. ECADE’s executive director Kenita Placide said anti-gay laws “legitimise hate speech, discrimination and violence and tear at the fabric of society”. The group said such legislation had been “weaponised, based on unfounded and unproven fears, against LGBTQ+ people”. The Caribbean’s strong Christian leanings have long exacerbated gay people’s struggle for equality. Still, the region has experienced a tangible shift in recent years with the rise of a vibrant gay rights movement, including the staging of Pride parades in Barbados and Guyana. November 2018 saw a century- old ban on ‘cross-dressing’ in Guyana struck out, while in the same year laws prohibiting homosexuality in Trinidad were also overturned. Attorney Andrew O’Kola, who played an integral role in the Antigua and Barbuda case, said the court victory brought efforts to end discrimination on the grounds of sexual preference a step closer. He said the twin island nation was a leader in the Eastern Caribbean for “recognising the illegality of punishing a person for who they love”. O’Kola told Luxury Locations Magazine the cause was one he felt passionately about. “If I never achieve anything else as a barrister, I will always hail this victory,” he said, adding: “Consensual love should never be a crime.” n By Gemma Handy

DAY PASS y Three course lunch at Indigo or Ottimo y Afternoon tea y Use of the gym, tennis courts and all beach amenities, including non-motorized water sports $ 156 per person (inclusive of tax and service) Upgrade to our LUXURY DAY PASS with the following additional indulgences: y All beverages by the glass (not including premium beverages) y Signature massage at our award-winning CARA Organic Spa or private tennis coaching session with our in-house pro y Carlisle Bay Beach Bag with complimentary ESPA skincare amenities $ 470 per person (inclusive of tax and service) * Private transfers are an additional charge and quote will be given at booking Call our reservations team on +1 268 484 0000 or email us at reservations@carlisle-bay.com

Spend a day in luxury and completely relax at Carlisle Bay; enjoy a private transfer * to the resort where you will be greeted with a refreshing drink and cold towel. Allow us to show to your own private beach / pool lounger with complimentary water and towels. Unwind in and out of the water and experience the beauty of the bay with all our non-motorised water sports (sailing, paddle boarding, canoeing). Dine at Indigo on the Beach, enjoying the atmosphere of our open-air dining room overlooking the turquoise water, or alternatively at Ottimo, our pool-side authentic Italian restaurant with wood fired pizza oven. After lunch you may want to pop in to the stylish Bay Boutique and treat yourself to one of our exclusive designs, alternatively work up a sweat and avail of the complimentary gym and tennis courts facilities before heading back to the beach and relaxing throughout the afternoon. Afternoon tea will be served to your lounger to complete your blissful day.

Photo: Seas Drake

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