We condemn Trinidad and Tobago’s Upholding Criminalization of Same-Sex Activity

The Trinidad and Tobago Court of Appeal’s decision to uphold the criminalization of consensual same-sex activity is an alarming assault on human rights. This ruling, which reinstates the criminality of private, consensual intimacy, is a direct violation of the fundamental rights of LGBTQI+ people and a stark reminder of the colonial-era laws that continue to inflict harm across the Caribbean.

IPPF Americas and the Caribbean Regional Office (ACRO) together with local member Family Planning Association of Trinidad and Tobago (FPATT) stand unequivocally with LGBTQI+ communities in Trinidad and Tobago and across the region. We reject this ruling and any legislation that denies people their right to love freely and live with dignity. This decision reflects a justice system with oppressive statutes that have no place in a just and democratic society.

According to Eugenia López Uribe, Regional Director of IPPF ACRO, this ruling is not just a setback for LGBTQI+ rights, it is an attack on human dignity: “It is a deliberate attempt to silence, criminalize, and exclude a part of citizens and people living in the country. But let this be clear: IPPF regional office in the Americas and the Caribbean will continue fighting for and with the LGBTQI+ movement so they won’t be silenced. IPPF will not back down. LGBTQI+ people’s rights are non-negotiable. "

Criminalizing LGBTQI+ lives perpetuate violence, discrimination, and stigma. It emboldens hate, undermines access to justice, and creates a climate of fear where LGBTQI+ individuals are forced to live in further vulnerability. Research published by CAISO: Sex and Gender Justice’s  Wholeness and Justice programme in 2023 indicate that 1 in 3 LGBTQI+ individuals in Trinidad and Tobago experience discrimination and harassment, 1 in 4 face family violence, and 1 in 4 experience physical assault.

“FPATT [Family Planning Association of Trinidad and Tobago] notes the recent Court of Appeal decision that affirms an old law before independence that criminalizes persons of a different orientation, due to a technicality- the saving law clause,” says Professor Rose Marie Antoine, FPATT’s Board of Trustees President. “Interestingly, the British colonial masters that drafted that law have long abolished it. We note too that this was not a unanimous court decision. FPATT looks forward to the day when our legal system and laws can reflect true equity and non-discrimination, serving all our nation’s peoples in their access to fundamental rights and protecting vulnerable groups from harm and violence. FPATT will continue to welcome and serve all people regardless of their sexual orientation.”

We call for urgent action:

• The immediate repeal of Sections 13 and 16 of the Sexual Offences Act.
• A commitment from Caribbean governments to decriminalize same-sex relations and protect LGBTQI+ individuals from discrimination and violence.
• An end to the use of colonial-era "savings law" clauses to justify human rights violations.

Now is the time for every human rights defender, policymaker, and ally to take a stand. LGBTQI+ people in Trinidad and Tobago—and across the Caribbean, our region and the world—deserve justice, equality, and the freedom to live without fear. IPPF will not stop until that is a reality.

For more information, please contact [email protected] - +44 7918 845944 

About the International Planned Parenthood Federation  

IPPF is a global healthcare provider and a leading advocate of sexual and reproductive health and rights (SRHR) for all. Led by a courageous and determined group of women, IPPF was founded in 1952 at the Third International Planned Parenthood Conference. Today, we are a movement of 158 Member Associations and Collaborative Partners with a presence in over 153 countries.  

Our work is wide-ranging, including comprehensive sex education, provision of contraceptive, safe abortion, and maternal care and responding to humanitarian crises. We pride ourselves on being local through our members and global through our network. At the heart of our mission is the provision of – and advocacy in support of – integrated healthcare to anyone who needs it regardless of race, gender, sex, income, and crucially no matter how remote.