‘It’s an ongoing journey to achieve full inclusion and acceptance of LGBTQI+ people’

CIVICUS speaks with Daryl Phillip, founder and coordinator of Minority Rights Dominica (MiRiDom), about a recent High Court ruling that decriminalised same-sex relations in Dominica.

MiRiDom is a civil society organisation that advocates for people in Dominica who are denied their human rights on the basis of their sexual orientation or gender identity.

What was the process that led to the decriminalisation of same-sex relations in Dominica, and what role did MiRiDom play?

MiRiDom initiated the legal challenge that led to the decision. We filed the case in July 2019, challenging the constitutionality of sections 14 and 16 of the Sexual Offences Act, which criminalised same-sex activity. This was the beginning of a long legal battle against discrimination. On 22 April, after years of advocacy, dialogue and litigation, Justice Kimberly Cenac-Phulgence of the Eastern Caribbean Supreme Court declared these sections of the law unconstitutional. This landmark ruling marks a pivotal moment in the struggle for equality and human rights in Dominica.

MiRiDom played a crucial role throughout the process. We engaged in consultations, negotiations and discussions with various stakeholders, including the public, government officials, religious leaders, foreign embassies and regional and international bodies up to the United Nations. We helped to raise awareness, build support and promote dialogue on issues of equality and discrimination.

We also worked with other civil society groups and people who contributed to the legal and advocacy efforts. The Jamaica AIDS Society played a key role by developing programmes to support LGBTQI+ people in the Eastern Caribbean, and the HIV Legal Network of Canada supported us with legal fees. The Rights Advocacy Project of the Faculty of Law at the University of the West Indies provided a legal perspective on the anti-sodomy laws that are common in the Commonwealth Caribbean.

Overall, the decriminalisation of same-sex relations in Dominica was the culmination of years of advocacy, legal action and collaboration among civil society groups, activists, supporters and others committed to promoting justice, equality and human rights for all.

How have you campaigned to change public attitudes, and what challenges have you faced?

Our social change efforts have been multifaceted. Advocating for LGBTQI+ rights in a small community like ours, with a population of only 70,000, has presented unique challenges. Many LGBTQI+ people have found it difficult to express their sexual orientation or gender identity for fear of criticism or victimisation. Nevertheless, we have persevered in our efforts to create a more inclusive and accepting environment.

The LGBTQI+ community in our area has been largely supportive of our initiatives. However, many people can still find it daunting to come out and openly support LGBTQI+ rights. Fear of potential repercussions, including ostracism, has led some to stay cautious about publicly expressing their identity. Despite this, a dedicated group of advocates, albeit small in number, have remained steadfast in their commitment to LGBTQI+ rights.

There have been moments of fatigue or setbacks along the way, but the recent court ruling gives us renewed hope to continue our struggle. Going forward, our focus will continue to be on promoting understanding, empathy and respect for LGBTQI+ people. We know that it is an ongoing journey to achieve full inclusion and acceptance of LGBTQI+ people, and we still have a long way to go. It will take sustained effort to get there, but we are determined to continue with patience and perseverance.

What’s next for your advocacy agenda?

Beyond the obvious goal of acceptance and social inclusion, we need to address several key areas. One critical aspect is marriage equality. It is essential that all members of our community have the same rights and privileges, including the ability to marry. Currently, some people can marry while others are denied this fundamental right simply because of their sexual orientation or gender identity. This undermines the principles of equality and fairness.

We must also continue to advocate for comprehensive anti-discrimination legislation that protects LGBTQI+ people from discrimination in employment, healthcare, housing and other areas of public life. In addition, efforts to promote LGBTQI+ inclusion in education, health and social services are crucial to ensuring that LGBTQI+ people are treated with dignity and respect.

Ultimately, achieving full equality for LGBTQI+ people in Dominica will require a concerted effort to challenge societal norms, change discriminatory laws and foster a culture of acceptance and understanding. By continuing to advocate for marriage equality and prioritising the recognition of LGBTQI+ rights, we can work towards creating a society where everyone, regardless of sexual orientation or gender identity, can live freely and authentically.

What international support have you received, and what support do you need?

One area where support is critical is in providing emergency access to legal services, as there will be a need to cover legal fees for LGBTQI+ people who are being challenged by physical and verbal abuse. We see a need to vigorously challenge aggressors in court, and to make the disciplinary actions public to deter further aggression.

In terms of ongoing needs, we need sustained support for community education, social programmes and mental health initiatives. It is imperative to educate the wider community about LGBTQI+ issues, promote inclusion and provide support systems for those who face discrimination or exclusion.

We also seek support to empower LGBTQI+ people to embrace their identities without fear or shame. This includes promoting self-acceptance, challenging stigma and fostering a sense of belonging within the community. By developing programmes and resources tailored to the needs of LGBTQI+ people, we can create a more supportive and inclusive environment.

Ultimately, what we need most is continued international support that recognises the importance of our work and encourages our ongoing efforts. Through collaboration, advocacy and solidarity, we will continue to make progress towards equality.

Civic space in Dominica is rated ‘narrowed’ by the CIVICUS Monitor.

Get in touch with MiRiDom through its Facebook page.