| Click here for a summary of Barbados’ review at the first cycle and/or the third cycle. |
15th UPR session
Date of review: 25 January 2013
Date of report adoption: 6 June 2013
Working Group report: A/HRC/23/9
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SUMMARY SOGIESC issues during Barbados’ 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
- Ensure that sexual orientation and gender identity are included as grounds for protection in any anti-discrimination legislation.
- Provide education and awareness-raising sessions on human rights relating to sexual orientation and gender identity to police and other law enforcement officials.
- Review the report of the UN High Commissioner for Human Rights on sexual orientation and gender identity, and give consideration to implementing the recommendations therein.
II. Excerpts from input reports
National report
Combating domestic violence
73. The Government remains firmly committed to pursuing a policy of zero tolerance to all forms of violence against women. To this end, interventions at the legislative, programmatic and educational level have been instituted.
74. In relation to the legislation, a reform committee was established by the Bureau of Gender Affairs to review the existing Domestic Violence Protection Orders Act in order to address the gaps in the legislation and ensure that all victims are protected. The Committee has completed its deliberations and has made a number of recommendations. These include the need for a preamble to the legislation to speak to its purpose and for the principles of respect for human rights, non-discrimination, equity, the best interest of the child, a gender sensitive and victim-centred approaches to be all embedded in the legislation. It was also recommended that the amended Act should provide a comprehensive definition of domestic violence to include not only physical abuse but also sexual, psychological and financial abuse. Moreover, it was recommended that category of persons who could find relief under the Act should be expanded to include persons who are dependent because of physical or mental impairment and other intimate relationships regardless of sexual orientation. These recommendations have been incorporated into a Cabinet paper for Cabinet’s consideration.
Compilation of UN information
B. Constitutional and legislative framework
5. UNDP noted that the legal system of Barbados was based on a model in which fundamental rights and freedoms contained in the Constitution generally reflected political and civil rights. However, the existing legal order did not include more recent notions of discrimination (gender, race, sexual orientation, for example), grave human rights abuses such as torture, and social and economic rights expressed in international human rights treaties.
7. The United Nations High Commissioner for Human Rights urged the Government to step up its efforts to incorporate international human rights law into national legislation, including by establishing legislative definitions of discrimination based on gender, race or sexual orientation. In addition, Barbados had to ensure that laws conform to international norms and that they are adequately implemented and translated into action.
C. Cooperation with the Office of the High Commissioner for Human Rights
25. The High Commissioner offered assistance in addressing persisting problems that Barbados needed to tackle, including citizen security; sensitizing civil society to discrimination against women, discrimination against the disabled, and discrimination based on sexual orientation or gender identity; developing programmes for human rights education and conducting campaigns to raise awareness of issues such as domestic violence and corporal punishment; and undertaking efforts to put an end to violence against women and sexual harassment.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
26. The High Commissioner for Human Rights noted that discrimination needed to be tackled. She noted that international human rights law was clear: no one should be discriminated against because of the group they belong to, including on the grounds of race, gender or sexual orientation or identity. She added that, while that may be unpopular with some segments of the population, it was the responsibility of Governments to show firm leadership on issues relating to all forms of discrimination.
27. UNDP noted that the police in Barbados had been denounced as discriminatory in its treatment of victims when those victims were women; lesbian, gay, bisexual and transgender (LGBT) persons; migrants; and minorities. However, the stigmatization of people living with HIV/AIDS and discrimination against LGBT people was not limited to the actions of the police, but constituted a phenomenon that called for attention as a specific human rights concern.
Summary of stakeholder information
I. Information provided by other stakeholders
A. Background and framework 1. Scope of international obligations
1. Amnesty International (AI) noted that during the first Universal Periodic Review of Barbados in December 2008, it rejected nearly half the recommendations made by reviewing States, including a number of important ones relating to ratification of international human rights treaties, children, and the rights of lesbian, gay, bisexual and transgender people.
3. Institutional and human rights infrastructure and policy measures
AI recommended establishing and implementing policies and initiatives to address discrimination, prejudice and violence based on sexual orientation or gender identity.
4. Right to privacy, marriage and family life
22. AI noted that consensual same-sex conduct is criminalized in Barbados. Section 9 of the Sexual Offences Act criminalizes “buggery” making it punishable with life imprisonment. AI noted that a person committing an act of serious indecency towards a person of 16 years of age or more is liable on conviction to imprisonment for a term of 10 years according to section 12 of the same law. The vague definition of this crime and the use of the word “unnatural” in the definition, allows this provision to be used to target and prosecute LGBT people and people engaging in consensual same-sex conduct. These provisions entrench discrimination in the law and foster stigmatization of, and prejudice against, LGBT people throughout society. The existence of laws criminalizing consensual same-sex leads to a reluctance amongst lesbian, gay, bisexual and transgender people to undergo HIV testing and to access other HIV/AIDS services.
23. AI recommended the repeal of all provisions that criminalize consensual same-sex conduct, including in the Sexual Offences Act and the acknowledgment that LGBT persons are at risk of greater discrimination, prejudice and violence because of the existence of laws criminalizing consensual same-sex activity.
24. AI regretted that Barbados rejected recommendations made by reviewing States during the UPR, intended to ensure that Barbados adheres to its international human rights obligations to lesbian, gay, bisexual and transgender people, decriminalize consensual sexual acts between adults of the same sex, and take all necessary action to protect LGBT people from harassment, discrimination and violence. AI reminded that by continuing to criminalize consensual same-sex conduct the Barbadian government is violating its international obligations under human rights treaties to which it is a party and recommended that the Government ensure that the broader public understands that human rights must be guaranteed regardless of sexual orientation or gender identity and exert its leadership by decriminalizing consensual same-sex conduct and abiding by its international human rights obligations.
25. AI noted the Government response to the UPR recommendation indicating that it was unable to accept such a recommendation due to public opinion, arguing that there was no political mandate to do so and in fact significant sections of the community are opposed to such decriminalization. The Government further argued that “This is a topic which has been widely considered in society not only on the basis of its legality but from the socio- cultural and historical perspectives”. AI noted that Barbados is a strongly religious society and there is a significant lobby by the church on such issues. AI added that religious, cultural and moral beliefs, however, cannot be used as a justification for differential treatment, intolerance, violence or the criminalization of intimacy between adults.
III. References to SOGI during the Working Group review
Opening statement of Barbados
21. Similarly, on Lesbian, Gay, Bisexual and Transgender Persons (LGBT) there is no consensus on repealing the country’s laws on buggery. Though buggery is criminalized by the Sexual Offences Act, persons who engage in same sex relationships are not prosecuted since without a complaint there can be no successful prosecution of such acts. Persons engaged in such relationships are unlikely to complain to the police and therefore, though the law on buggery is in the statutes books, gay persons are not prosecuted in Barbados for their sexual preferences. Prosecution can only occur if a minor is involved or a non-consenting adult.
22. Barbados took note of the position of the international community that there is an onus on the Government to show leadership on such issues. Nevertheless, it recalled that Barbados is a democracy and that as such the Government is hesitant to go against the wishes of its people. However, it is committed to ensuring that the rights of all persons are protected from harm.
37. Barbados then replied to the advanced questions it had received noting that information had already been provided during its intervention regarding most of the issues raised.
38. On questions related to criminalization of same-sex activities Barbados reiterated information previously provided highlighting there is no intervention by the law in relations between consenting adults.
41. On the question about steps being adopted against aggressive and discriminatory policing, it was reiterated that the Police Force receives training in customer service, public relations, human rights, community engagement, conflict resolution and officer safety. It was recalled that a Police Complaints Authority has been established and meets regularly to consider complaints against the police.
Interactive dialogue and responses by the State under review
62. Germany remained concerned by gender-based violence, including domestic violence, as well as sexual harassment and discrimination against women. It was equally concerned by the criminalization of consensual homosexual relations and the lack of legislation prohibiting discrimination on the grounds of sexual orientation. It asked what measures the State party intended to take to combat the criminalization of and discrimination against the LGBT community.
72. Morocco welcomed the establishment of the Office of the Ombudsman, which would spearhead a public education programme on human rights in 2013, and progress made in social protection, health, education, employment, the rights of the elderly, single parents and women, and in combating LGBT discrimination. It asked for an update on progress in implementing the National Youth Policy.
75. Norway noted steps to follow up recommendations that were accepted during the last review, notably in the fields of decent work, gender equality and the intention to establish a national human rights institution. It encouraged Barbados to advance in several key areas to meet international human rights standards. It stated that religious or cultural beliefs cannot be used to criminalize intimacy between consenting adults.
81. Slovenia noted steps taken to promote women’s empowerment and advance gender equality. It welcomed, particularly, the training programmes and awareness raising activities of the Bureau of Gender Affairs. It regretted that no legislation had been adopted to decriminalize consensual sexual relations between adults of the same sex.
88. United States of America while appreciating Barbados’ commitment to protect all members of society from harassment, discrimination and violence regardless of sexual orientation, was concerned about reports of discrimination and harassment against members of the LGBT community. It was concerned about the criminalization of same-sex sexual activity between consenting adults and failure to prohibit discrimination based on sexual orientation and gender identity. Additionally, it expressed concern at allegations of excessive use of force by the police and delays in transmitting case files; and about legislation on transitional crime being inconsistent with international standards because it requires migration as a necessary element of human trafficking.
IV. Conclusions and/or recommendations
The following recommendations enjoyed the support of Barbados:
102.38. Show leadership in human rights issues by protecting all human rights within the country, including those LGBT, and the freedom of movement and expression of human rights defenders, starting by organizing a dialogue between government, civil society and interested individuals, on these and other human rights related issues (Netherlands);
102.49. Enhance its efforts to eliminate gender stereotyping (Bangladesh);
102.56. Implement measures to protect the LGBT population from harassment, discrimination and violence (Uruguay).
The following recommendations were rejected by Barbados:
102.53. […] Strengthen measures to eliminate any discriminatory treatment based on sexual orientation (Argentina);
102.54. Introduce measures to promote tolerance and non-discrimination of the LGBT persons (Slovenia);
102.55. Establish policies and initiatives to address discrimination based on sexual orientation and gender identity (Brazil);
102.96. Repeal laws that criminalize consensual same sex adult sexual relations (Canada);
102.97. Repeal the provisions that criminalize consensual homosexual relations, notably those contained in the Sexual Offences Act and establish policies to combat discrimination, prejudice and violence based on sexual orientation or gender identity (France);
102.98. Repeal all legislative provisions that discriminate against persons on the grounds of their sexual orientation, including in the Sexual Offences Act, within the next two years (United Kingdom of Great Britain and Northern Ireland);
102.99. Repeal all provisions that criminalize same-sex conduct (Norway);
102.100. Decriminalise consensual same-sex conduct between adults and take all necessary steps to protect LGBT community from all forms of discrimination (Ireland);
102.101. Amend the criminal code to decriminalize same-sex sexual activity between consenting adults and adopt legislation that prohibits discrimination on the basis of sexual orientation and gender identity (United States of America);
102.102. Adopt all necessary political and legislative measures to decriminalize consensual same-sex sexual relations between adults (Uruguay).
V. Adoption of the Report
The draft report of the Working Group was adopted at the 23rd session of the Human Rights Council in June 2013.
Comments by States and other stakeholders
Amnesty International
[…] Nine states made recommendations during the review pertaining to discrimination based on sexual orientation, in particular to decriminalise consensual same-sex sexual relations. During the review, the government stated that although the law on “buggery” remains on the statute books, no one is in fact prosecuted for their sexual preference in Barbados. We are concerned, however, that the continued existence of legislation that criminalises consensual same-sex relationships between adults may contribute to creating a discriminatory environment in which LGBT people are unable to fully enjoy their human rights. Moreover, by continuing to criminalise consensual same-sex conduct Barbados is in violation of its international obligations to non-discrimination under the treaties to which it is a party. Amnesty International therefore under the government to repeal this legislation as part of steps towards combating discrimination against LGBT persons and the stigma surrounding same-sex relations.
VI. Further information
UPR Documentation
National report: A | C | E | F | R | S
Compilation of UN information (link to UN submissions) : A | C | E | F | R | S
Summary of stakeholders’ information (link to all NGO submissions): A | C | E | F | R | S
Questions submitted in advance : E only
Addendum 1 : E only
Outcome of the review
Report of the Working group : A | C | E | F | R | S
Addendum 1 : E
Annex: E