CIVICUS discusses Trinidad and Tobago’s recent recriminalisation of same-sex relations with Angelique Nixon, Director of CAISO: Sex and Gender Justice, a feminist civil society organisation that promotes LGBTQI+ rights.

Trinidad and Tobago recently suffered a significant human rights setback when the Court of Appeal overturned a 2018 ruling that decriminalised consensual same-sex intimacy, reinstating colonial-era laws. This regressive decision stands in stark contrast to recent progress in other Caribbean countries. It reinforces stigma and enables discrimination. Civil society has mobilised in response, pursuing legal appeals and advocacy campaigns to challenge the ruling. While local activists keep up their resistance, international support remains crucial for protecting the rights and safety of LGBTQI+ people in Trinidad and Tobago.

What impact has the Court of Appeal’s decision had on LGBTQI+ rights?

The Court’s reversal of the landmark 2018 High Court ruling has effectively recriminalised same-sex sexual activity. The reinstated legislation criminalises consensual anal sex for all couples regardless of gender and sexual orientation, though it reduces the penalty from 25 to five years in prison. Additionally, the court restored provisions against ‘gross indecency’ for same-sex acts under Section 61 of the 1925 Offences Against the Person Act, carrying penalties of up to two years in prison.

This decision followed the state’s appeal against the 2018 Jones v. Trinidad and Tobago ruling, which had declared sections 13 and 16 of the Sexual Offences Act unconstitutional when applied to adult consensual sexual conduct. The state argued that these were ‘saved laws’, protected from being struck down, and the Appeal Court agreed. While the judges acknowledged that these sections are discriminatory, they emphasised that changing them is parliament’s responsibility, not the court’s.

This ruling represents a profound setback for human rights protection in our country. With global and regional anti-rights movements gaining momentum, we fear it will embolden conservative factions and potentially increase violence against LGBTQI+ people, who already endure stigma, systemic discrimination, family rejection and barriers to accessing essential resources including employment, housing and social services.

Why is Trinidad and Tobago regressing while other Caribbean countries are making progress?

The issue isn’t that Trinidad and Tobago is actively pursuing recriminalisation, but rather that we’re caught in a constitutional trap. What’s happening is the result of the ‘savings law clause’ in our constitution, which protects colonial-era laws from being struck down.

While the court explicitly recognised these laws as discriminatory and acknowledged they violate fundamental rights including privacy and freedom of expression, it claimed its hands were tied, stating that only parliament holds the authority to repeal or amend legislation. But within our legal framework, constitutional provisions shield archaic colonial laws that contradict today’s democratic values and human rights principles. We need a constitutional reform to remove these barriers, but our government has shown little political will in this regard.

In contrast, courts in Antigua and Barbuda, Barbados and St Kitts and Nevis have ruled that such laws violate constitutional rights and struck them down.

How are LGBTQI+ organisations challenging this ruling?

LGBTQI+ organisations have engaged in a coordinated response with determination and resolve. Many issued public statements and called for solidarity from human rights groups. At CAISO, we urged the government to put an end to outdated, colonial-era laws that enable discrimination and block progress, and to enact new laws that protect LGBTQI+ people from violence and exclusion.

We’re pursuing multiple advocacy strategies simultaneously. First, we continue campaigning to amend the Equal Opportunity Act (EOA), which explicitly excludes sexual orientation from the definition of sex as a category protected from discrimination. This is not a ‘saved’ law, so parliament should be able to act. This is one of CAISO’s longstanding advocacy campaigns precisely because amending the EOA can bring meaningful protections against discrimination towards LGBTQI+ people in education, employment, housing and access to goods and services. Second, we continue to call for constitutional amendments to include explicit protections based on sexual orientation and gender identity. Third, CAISO shares policy recommendations annually through data and analysis collected through our work with clients and community members through the Wholeness and Justice Programme.

We support the decision by Jason Jones, the activist who brought the case that triggered the 2018 decriminalisation ruling, to appeal to the UK Privy Council, our final court of appeal under the current colonial legal framework. We’re also strengthening coalitions among LGBTQI+ organisations and with other civil society organisations to speak out against this ruling and support our communities on the ground. The path forward requires collective action to decolonise the legal system and secure equal rights for all.

Could this ruling trigger further restrictive measures?

While the ruling itself didn’t introduce new legal restrictions beyond reinstating previous laws, its symbolic impact is deeply concerning. Without strong political leadership, these laws will stay in place and continue to be used to justify stigma, discrimination and violence – even if they’re not enforced. The mere existence of these laws creates a chilling effect on LGBTQI+ expression and advocacy. Legal ambiguity and inaction can silence LGBTQI+ people and make them more vulnerable. Some community members will avoid seeking services or speaking out due to fear of being targeted.

While we’re not expecting immediate legislative rollbacks, the broader socio-political environment is hostile. Globally, we’re seeing the rise of well-funded, transnational anti-rights movements that actively export homophobic and transphobic ideologies across borders, often under the guise of protecting traditional values or religious freedoms. This transnational dimension makes our struggle particularly challenging, and it’s why we need more support than ever. Civil society, allies and international partners must support local efforts pushing for legal change, public education and transformative justice.

What forms of international solidarity would most effectively support your work?

We need solidarity rooted in care, justice and long-term commitment. Effective support must go beyond symbolic gestures to include sustained material and strategic assistance. Regional and international partners can support us through public statements and by backing actions that help build our capacity to sustain this work. That means supporting grassroots work, funding community-led initiatives and creating safe spaces for healing and organising. And solidarity must be feminist and intersectional, recognising that LGBTQI+ people also face racism, poverty, ableism, misogyny and xenophobia.

We particularly need support for legal challenges, policy advocacy and community protection mechanisms. Additionally, we need more opportunities to connect with activists across the Caribbean, Latin America and the global south. Stronger networks help us share strategies, resist anti-rights ideologies and build collective power. The fight for LGBTQI+ rights in Trinidad and Tobago isn’t isolated from broader struggles against colonial legacies throughout the global south. This is a critical moment, and international solidarity can make a real difference.