Antigua & Barbuda

Legal Code Summary

Sexual Offences Act, Act No.9 from 1995

Legal Code Text

Article 12 - “A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment: [...] (b) for fifteen years, if committed by an adult on another adult; [...] In this section “buggery” means sexual intercourse per anum by a male person with a male person or by a male person with a female person.”

Article 15 - “A person who commits an act of serious indecency on or towards another is guilty of an offence and is liable on conviction to imprisonment [...] (b) for five years, if committed on or towards a person sixteen years of age or more. [...] An act of “serious indecency” is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of genital organ for the purpose of arousing or gratifying sexual desire.”

ILGA Analysis & Notes

During its 1st cycle UPR in 2011, the delegation of Antigua and Barbuda stated (para. 35) that although “criminalisation was on the books... it was only in the very rare instances that the law had actually been enforced”. Citing “society’s leanings” and “public opinion” they spoke of the need for “extensive public consultation” and “the current pre-disposition of its people and their religious influences and indoctrination” [these two last arguments were added in its final response (para. 29)]. The State received eight recommendations directly related to SOGI, rejecting six (decriminalisation and public awareness campaigns on discrimination), while it accepted two (condemning SOGI-related acts of violence and instituting policies and initiatives addressing discrimination). The delegation indicated (para. 48) that “the government would continue its efforts on education and information to ensure that the public opinion would in time adopt the international standards”. In its 2nd cycle UPR in 2016, the delegation insisted on the fact that “it would take time to sensitize Antiguan society, which was very moral and religious”, and that “if the Government were to force these issues, the reaction from society would be negative and regressive” (para. 53), while acknowledging criminalising laws “had to change at some point if the Government was serious about human rights” (para. 39). The State received 13 SOGI-related recommendations, accepting only one generalist recommendation regarding discrimination, while rejecting ten which specifically referred to decriminalisation and a further two on specific SOGI discrimination. Antigua and Barbuda’s next UPR cycle will take place in January 2021. Antigua and Barbuda has joined all the resolutions on Human Rights, Sexual Orientation, and Gender Identity and Expression adopted by the General Assembly of the Organisation of American States (OAS). Most notably, it has not joined other OAS Member States in adding footnotes in an attempt to limit or reject the content of these resolutions (see all OAS-GA Resolutions since 2008). In 2011, the Antiguan Attorney General openly supported buggery laws. Media outlets (see here and here) quoted him stating: “There will be no change in the law on buggery in Antigua & Barbuda, at least not if I can help it. Being gay is morally wrong, and to be honest personally, I am still homophobic.” A detailed report of 2014 describes the legal and living conditions of “sexual minorities”, and a 2015 Kaleidoscope Trust report, Speaking Out, illustrates a very mixed landscape of strong societal and official homophobia, some official address (in terms of limited police training), and limited advocacy resources. In May 2016, Minister of Social Transformation, Samantha Marshall, defined the buggery law as “antiquated,” and resolved to advance a decriminalisation recommendation to Cabinet. In September the government issued a statement that “[a]ll persons irrespective of sex, sexual orientation, or gender identity are entitled to enjoy in Antigua & Barbuda the protections provided for by our constitution and by international human right law”. This public statement—‘Policy on Protection from violence and discrimination of persons of the LGBTI community’—reminded the public of the State’s international law obligations. However, even after these statements, and in the aftermath of the decriminalisation of same-sex sexual acts between consenting adults in Belize, in August 2016, the Cabinet of Antigua and Barbuda proclaimed that “the buggery law will remain unchanged” in the country.