| For a summary of Saint Kitts and Nevis’ review at the second cycle please click here. |
10th UPR session
Date of review: 28 January 2011
Date of report adoption: 15 March 2011
Document number: A/HRC/17/12
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SUMMARY SOGIESC issues during Saint Kitts and Nevis’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Right to privacy
9. JointSubmission1 (JS1) noted that St. Kitts and Nevis maintains criminal sanctions against sexual activity between consenting adults, with reference to the provisions of Sections 56 and 57 of the Offences against the Person Act. JS 1 recommended that Saint Kitts and Nevis bring its legislation into conformity with its commitment to equality and non-discrimination, and its international human rights obligations, by repealing all provisions which may be applied to criminalise sexual activity between consenting adults.
II. Excerpts on SOGIESC issues from the national report
Health
43. Interventions targeted at “most at risk but hard to reach populations” such as men who have sex with men and commercial sex workers are necessary. The national expanded response to HIV/AIDS has built partnerships with regional HIV/AIDS organizations to reach men who have sex with men and commercial sex workers with prevention interventions. One successful intervention has been the Community Animator Programme that uses peer educators to teach risk reduction methods and distribute supplies.
44. While there has been some improvement, taboos regarding sex, sexuality and HIV are still prevalent and stigma and discrimination continue to be major barriers to accessing VCT, treatment of Sexually Transmitted Diseases (STDs) and seeking care and support for HIV infection.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
14. Saint Kitts and Nevis accepted that the criminalization of sexual relations between consenting adults under sections 56 and 57 of the Offences against the Person Act was controversial. While it was aware of the many arguments advanced by those who would wish to see them repealed, the Government of Saint Kitts and Nevis had no mandate to do so. In fact, there was strong opposition to them being repealed. However, despite their existence on the books, there had been no known prosecution of sexual activity between consenting adults in private within recent years.
25. […] France noted with satisfaction that Saint Kitts and Nevis supported the inclusion of a reference to sexual orientation in the General Assembly resolution on extrajudicial executions but noted that current legal provisions criminalized sexual relations between consenting adults of the same sex.
29. The United Kingdom asked what actions the Government planned to take to end discrimination against lesbian, gay, bisexual and transgender (LGBT) people.
31. The United States also remained concerned about the continued criminalization of homosexual conduct and societal discrimination against LGBT persons.
35. As to HIV/AIDS and facilities made available to men who had sex with men, the delegation responded that Saint Kitts and Nevis did not deny such persons access to facilities and services; on the contrary, it assisted them with their health issues. Concerning discrimination against lesbian, gay, bisexual and transgender people, the delegation stated that the reality was that, despite the existence of a piece of legislation, in terms of the society at large, such persons did enjoy the same rights and privileges as everyone else. No instances of denial of job opportunities or attacks against such people took place. There was a culture of tolerance in respect of those individuals in the society.
41. Canada […] applauded Saint Kitts and Nevis for its support of Organization of American States (OAS) resolutions on human rights, sexual orientation and gender identity and referred to encouragement by the Committee on the Elimination of Racial Discrimination to study the human trafficking phenomenon. Canada looked forward to continuing to support Saint Kitts and Nevis in addressing human rights challenges it faced.
47. […] While welcoming the proposal of revisiting discriminatory laws, Sweden expressed concerns over the decision to continue to criminalize same-sex relations.
49. Uruguay […] congratulated Saint Kitts ands Nevis for its support of OAS resolutions on human rights, sexual orientation and gender identity.
66. […] Norway noted that Saint Kitts and Nevis had ratified CEDAW, and that consensual sexual relations between adults of the same sex were still criminalized.
V. Conclusions and/or recommendations
Saint Kitts and Nevis noted the following recommendations:
76.49. Take effective measures to effectively combat discrimination on all grounds, including on grounds of sexual orientation or identity (Sweden);
76.50. Recognize the full and equal enjoyment of all human rights by all and review and abolish all discriminatory laws, including the law that criminalizes homosexuality (Sweden);
76.51. Repeal all provisions in its domestic legislation which criminalize sexual activity between consenting adults of the same sex (Spain);
76.52. Make the necessary efforts to repeal all legal provisions which can be applied to criminalize consensual sexual activity between adults of the same sex (Uruguay);
76.53. Bring its legislation into conformity with its commitment to equality and non-discrimination, by repealing all legal provisions that criminalize sexual activity between consenting adults (Canada);
76.54. Bring its legislation into conformity with international human rights obligations, by repealing all provisions which may discriminate against lesbian, gay, bisexual and transgender persons (Norway);
76.55. Decriminalize homosexual conduct by repealing relevant provisions within the Offences against the Person Act that may be used to criminalize homosexual conduct between consenting adults (United States);
76.56. Repeal provisions in national law, notably sections 56 and 57 of the Offences against Persons Act, which criminalize sexual relations between consenting adults of the same sex (France).
VI. Further information
You will find all documents relating to Saint Kitts and Nevis’s first review at UPR-Info and OHCHR’s websites.