| For a summary of Antigua and Barbuda’s review at the second cycle please click here. |
12th UPR session
Date of review: Tuesday, 4 October AM
Date of report adoption: March 2012
Working Group report: A/HRC/19/5
| Summary
Recommendations: Adopt policy and legislative measures to establish a specific framework for the protection against discrimination based on sexual preference along with the abrogation of criminal provisions that criminalise consensual relations between adults of the same sex; decriminalise homosexual conduct by reforming the penal code so that for the purposes of prosecution, gross indecency would not apply to private acts between consenting adults; repeal all provisions that may be applied to criminalise sexual activity between consenting adults, and which are contrary to its commitment to equality and non-discrimination; eliminate legal sanctions against consensual sex acts between adults in private; abrogate the provisions criminalising sexual relations between consenting adults of the same sex; Implement public awareness campaigns on discrimination based on sexual preference. Response: Rejected. |
I. Key issues/recommendations identified by NGOs
- Bring legislation into conformity with international human rights obligations by repealing provisions which may be used to criminalise same-sex activity between consenting adults.
II. Excerpts from input reports
Compilation of UN information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations
4. Right to privacy and family life
56. In 2010, the Joint United Nations Programme on HIV/AIDS (UNAIDS) reported that penalties for practicing homosexual acts in Antigua and Barbuda were of 15 years.
Summary of stakeholders’ information
II. Promotion and protection of human rights on the ground
Implementation of international human rights obligations, taking into account applicable international humanitarian law
4. Right to privacy, marriage and family life
24. Joint Submission 1 (JS1) referred to the Sexual Offences Act of 1995, which criminalised sexual activity between consenting adults under the offences of buggery (article 12) and serious indecency (article 15). JS1 recommended that the Human Rights Council urged Antigua and Barbuda to 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.
III. References to SOGI during the Working Group review
B. Interactive dialogue and responses by State under review
26. France welcomed the fact that the Universal Declaration of Human Rights was reflected in the Constitution of Antigua and Barbuda but noted the State was not a party to the whole set of international human rights instruments. It praised a de facto moratorium on the death penalty since 1991. France referred to the Criminal Code and the sentencing of homosexual relationships up to 15 years.
30. Canada addressed the human rights challenges that remained in certain areas such as protection of juveniles in the legal system, sanctions on private behaviour between consenting adults and ensuring the rights of minorities, the lack of detention facilities for those under 18 and the overcrowding […] Canada also referred to the persistence of discrimination and legal sanctions based on sexual orientation and gender identity.
31. Hungary […] praised the establishment of a human rights desk to combat discrimination against HIV infected persons but regretted that homosexual acts between consenting adults continued to be illegal.
35. The delegation [of Antigua and Barbuda] also noted the concerns expressed for criminalisation under the Sexual Offences Act, which it recognised that the international community was actually moving away from. It stated that there was no discrimination based on sexual orientation. Nor were there any particular acts of discrimination against these persons. Antigua and Barbuda had to be aware and concerned of the society’s leanings and where it stood. However, it did note have a political mandate to decriminalise those acts. Criminalisation was on the books as far as the law was concerned, however, it was only in the very rare instances that the law had actually been enforced. Antigua and Barbuda was, nevertheless, guided by the public opinion and was not in a position to clearly decriminalise these acts.
42. The United States of America […] remained concerned about the continued criminalisation of homosexual conduct and the pervasive societal discrimination against LGBT persons. It stressed that the criminalisation of homosexual conduct exacerbated homophobic attitudes and prevented LGBT persons from fully participating in society.
48. [The delegation of Antigua and Barbuda stated that in] terms of homosexual conduct, there was a certain amount of public acceptance, though in a rather silent way. Antigua and Barbuda, however, did not have a political mandate with respect to changing the law, notwithstanding the fact that enforcement of those laws was not actually sought. The Government would continue its efforts on education and information to ensure that the public opinion would in time adopt the international standards.
51. The United Kingdom of Great Britain and Northern Ireland […] promoted the culture of tolerance and inquired about the actions taken to put an end to discrimination against LGBT.
62. The Government [of Antigua and Barbuda] was committed to protecting all members of society from discrimination, harassment and violence, regardless of their sexual orientation. The Government’s commitment to protecting all members of the society remained as strong as ever.
IV. Conclusions and/or recommendations
67. The following recommendations formulated during the interactive dialogue enjoy the support of Antigua and Barbuda:
67.28. Condemn acts of violence and human rights violations committed against persons because of their sexual orientation or gender identity and ensure adequate protection for those human rights defenders who work on the rights of Lesbian, Gay, Bisexual and Transgender persons (United States of America);
67.29. Institute policies and initiatives to address discrimination based on sexual orientation or gender identity (Canada);
68. The following recommendations will be examined by Antigua and Barbuda which will provide responses in due time, but no later than the 19th session of the Human Rights Council in March 2012:
68.31. Implement public awareness campaigns on discrimination based on sexual preference (Spain);
69. The recommendations below did not enjoy the support of Antigua and Barbuda:
69.17 Abrogate the provisions criminalising sexual relations between consenting adults of the same sex (France);
69.18 Eliminate legal sanctions against consensual sex acts between adults in private (Canada);
69.19 Repeal all provisions that may be applied to criminalise sexual activity between consenting adults, and which are contrary to its commitment to equality and non-discrimination (Hungary);
69.20 Decriminalise homosexual conduct by reforming the penal code so that for the purposes of prosecution, gross indecency would not apply to private acts between consenting adults (United States of America);
69.21 Adopt policy and legislative measures to establish a specific framework for the protection against discrimination based on sexual preference along with the abrogation of criminal provisions that criminalise consensual relations between adults of the same sex (Spain).
V. Adoption of the Report
The draft report of the Working Group was adopted at the 19th session of the Human Rights Council in March 2012. The Government of Antigua and Barbuda did not attend the final adoption of the report, but sent a statement based on the Addendum to the report of the Working Group, providing final responses on pending recommendations.
Response of Antigua and Barbuda (A/HRC/19/5/Add.1)
29. The Government of Antigua and Barbuda seeks to recognize the human rights of all citizens. However the issue of discrimination based on sexual orientation is one which remains a matter of concern and is of the view that implementing polices based on sexual orientation requires extensive public consultation and education given the current pre- disposition of its people and their religious influences and indoctrination.
Statements by States and other stakeholders
Canadian HIV/AIDS Legal Network, Antigua and Barbuda NGO Meeting Emotional and Social Needs Holistically and the Caribbean Forum for Liberation and Acceptance of Genders and Sexualities
– Delivered by Colin Robinson
Madame President,
In partnership with Antigua and Barbuda NGO Meeting Emotional and Social Needs Holistically and the Caribbean Forum for Liberation and Acceptance of Genders and Sexualities, we wish to address three issues:
1. Antigua and Barbuda has urged that the Council understand the particular challenges of enforcing human rights faced by small island states, a concern shared by other Caribbean governments at the UPR. We call the Council’s attention to particular challenges, related to sexual orientation and gender identity, faced by rightsholders in small island developing states like Antigua and Barbuda.
Contrary to the state’s view that no discrimination or acts of discrimination based on sexual orientation and gender identity exist, such acts are ongoing. On March 1, 2012 a transgender person reported an attack by five persons at a fast food restaurant in St. Johns with no response when police were summoned. On March 13, three days ago, at 8:00 pm, a young gay man was beaten at another restaurant in the capital. We urge the state to follow up on the police report filed, consistent with its acceptance of recommendation 67.28 to end violence against LGBT persons. We also urge the state to examine and address the root societal causes of such violence.
States and the Government itself have commended Antigua and Barbuda’s progress in responding to HIV and rape, but these advances are denied based on perceived sexual orientation. There has been a report of a man raped by another man being denied post-exposure prophylaxis by examining physicians. NGOs are committed to working with Government in drafting policies and initiatives it committed to in recommendation 67.29
Because no adequate domestic institutional mechanisms exist for reporting and seeking redress from human rights violations, such reports go without investigation or prosecution. Yet the state has not yet committed to creating a national human rights institution.
2. The state acknowledges changes in public opinion with regard to same sex conduct, but has rejected legislative amendment of the gross indecency law to end its application to private acts between consenting adults. While having little legal use, the statute sanctions violence, drives stigma, and especially in small island states like Antigua and Barbuda, fuels fear to exercise the rights to freedom of assembly and expression.
Will the Government follow the example of other Caribbean states and declare a moratorium on enforcement of laws against private sexual conduct between consenting adults?
3. We congratulate the state on its planned accession to the ICCPR, ICESCR and the Convention on the Rights of Persons with Disabilities, and thank Trinidad and Tobago and the many other states who made these recommendations.
VI. Further information
UPR Documentation
National report 1 : A | C | E | F | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3 : A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Addendum 2 : E