Enabling policy environments For More Effective HIV Responses Among Gay And Bisexual Men And Other Men Who Have Sex With Men
SITUATION OF MSM - CARIBBEAN The Caribbean is one of the regions with the worst laws, policies and regulations for effective HIV prevention in key populations. Eleven countries criminalize consensual sex between adults of the same sex. The Caribbean report of the Global Commission on HIV and the Law found human rights abuses and laws that criminalize key populations impede access to sexual and reproductive health and justice services across the Caribbean Even where same sex relations NOT illegal - discrimination is widespread and only Cuba has anti-discrimination legislation for LGBT
LAWS MATTER MSM HIV PREVALENCE– COUNTRIES CRIMINALIZING MSM
LAWS MATTER MSM HIV PREVALENCE– COUNTRIES NOT CRIMINALIZING MSM
2012 - HIV-LAW HOPEFUL They saw signs of progress in the Caribbean region including: 2010, PANCAP’S -CARICOM Model Anti-Discrimination Law 2010, the Organization of American States passed Resolution 2600, declared support for sexual orientation and gender identity as RIGHTS. 2010, the Prime Minister of St. Kitts and Nevis urged fellow leaders to reconsider their stances on homophobic laws. 2010 - constitutional challenge in Belize to decriminalize consensual sexual relationships between MSM 2011, Guyana’s parliament decided not to move forward with a bill that would inappropriately criminalize the transmission of HIV.
2016 - NOT SO HOPEFUL Stigma against MSM very strong & discrimination common. S&D by health care workers & breaches of confidentiality common. Suriname - almost half of MSM experienced S&D based on sexual orientation; Caribbean Men’s Internet Survey – 2015 38% experienced verbal insults or name-calling in past year 48% stared at or intimidated because people knew or presumed they were attracted to men. 11% rphysically assaulted in the last five years; 14% HIV+ reported denial of medical help.
2016 - ADVOCACY ALONE NOT ENOUGH NOT ONE CARICOM MEMBER HAS PASSED ANTI- DISCRIMINATION LEGISLATION NOT ONE CASE CHALLENGING THE ‘BUGGERY’ LAW OR DISCRIMINATION HAS HAD A FAVOURABLE RULING EVEN AT FIRST INSTANCE NOT ONE COUNTRY HAS REMOVED THE LAWS CRIMINALIZING SAME SEX RELATIONS ENVIRONMENT HAS BECOME SIGNIFICANTLY MORE HOSTILE TO MSM BECAUSE OF DISCRIMINATORY EXPORT OF HATE FROM RIGHT WING RELIGIOUS GROUPS IN AMERICA
POLITICIANS UNWILLING TO CHALLENGE (ARE PART OF) GROWING RELIGIOSITY NEW APPROACHES NEEDED POLITICIANS UNWILLING TO CHALLENGE (ARE PART OF) GROWING RELIGIOSITY NEED TARGETED LEGAL STRATEGY LOCAL CHALLENGES – COORDINATED & STRATEGIC REGIONAL CHALLENGES – CCJ -SUPPORTED BY DATA & SENSITISATION OF JUDGES INTERNATIONAL REPORTING & CHALLENGES – UPR, ICCPR, ICSCR, OAS - IACHR
NEW APPROACHES NEEDED TARGETED LEGAL STRATEGY – DATA SUPPORTED CSOs TRAINED IN REPORTING AND LEGAL LITERACY LAWYERS TRAINED TO SUPPORT CSOs & their LEGAL CHALLENGES CARIBBEAN WIDE DATA COLLECTION & SHARING CASE AFTER CASE AFTER CASE COMBINED WITH & SUPPORTING ADVOCACY