| For a summary of Antigua and Barbuda’s review at the first cycle please click here. |
25th UPR session
Date of review: 9 May 2016
Date of report adoption: 23 June 2016
Document number: A/HRC/33/13
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SUMMARY SOGIESC issues during Antigua and Barbuda’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
No references.
II. Excerpts on SOGIESC issues from the national report
The lesbian, bisexual, gay, transgendered community (LBGT)
25. Persons from the LBGT are generally not discriminated against in Antigua and Barbuda and there are several well known personalities from the LBGT community who live freely and in peace like any citizen. Buggery between two consenting adults is illegal under the Provisions of the Sexual Offence Act 1993; consenting adults are not prosecuted however if the act is committed against juveniles or without consent it will be prosecuted.
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
9. The subregional team stated that no specific legislation addressed discrimination based on disability, language, sexual orientation, gender identity or social status. Antigua and Barbuda also did not have a national gender policy. The subregional team recommended that the Government adopt a national gender policy, with the support of UN-Women, and enhance the capacity for gender analysis within ministries, departments and agencies that coordinated policy development.
11. The subregional team reported that sexual acts between same-sex couples were illegal for both men and women. The Sexual Offenses Act of 1995 stated that “a person who commits buggery is guilty of an offense and is liable on conviction to imprisonment” from five years to life. Lesbian, gay, bisexual and transgender people, particularly from the lower economic bracket, faced discrimination and stigma, and might encounter challenges accessing basic health care and social services and face greater difficulties finding a job. The subregional team indicated that civil society organizations had reported that such persons remained vulnerable to persecution and harassment on a daily basis. Gay rights activists had reported that lesbian, gay, bisexual and transgender persons who had been subject to violent crimes were hesitant to report the crime to the police. Attacks against such persons frequently went unreported for multiple reasons, such as fear of revealing their sexual orientation, fear of stigma and discrimination, and fear due to past experience with police or hearing the experiences of other lesbian, gay, bisexual and transgender people.
Right to health
35. Regarding HIV, the subregional team reported that estimates of overall HIV prevalence had steadily increased over the past six years, from 0.8 percent in 2005 to roughly 1.4 percent in 2011. Data suggested that the majority of cases reported were among persons between 15 and 49 years of age and that young people, men who had sex with men, and female sex workers were most at risk of contracting HIV.
IV. References to SOGIESC issues during the Working Group review
12. Australia […] remained concerned that violence and discrimination against lesbian, gay, bisexual, transgender and intersex persons had not been addressed, and that prison conditions in Antigua and Barbuda were worsening, owing to overcrowding, inadequate food and hygiene, and gang violence, among other factors. Australia urged Antigua and Barbuda to take action to improve prison conditions, including by addressing the backlog of criminal cases.
28. Germany […] stated that equality and non-discrimination were crucial to a democratic society and that the criminalization of lesbian, gay, bisexual, transgender and intersex persons constrained their chances of reporting cases of discrimination and violence.
39. Regarding lesbian, gay, bisexual, transgender and intersex persons, the delegation considered that changes would take time. However, it stated that such persons were not brutally treated in the Caribbean in general and in Antigua and Barbuda in particular. The Constitution recognized the same rights for all people but it would take time to change personal prejudices, and to sensitize people. The Government was working on this but it was not possible to force such change on the psyche of the people. The delegation recognized the existence of legal provisions considering sexual relations between adults of the same sex as a crime, but no one was prosecuted under them. The delegation considered that that law was only used against adults who had molested children. The delegation recalled that those provisions had been inherited but recognized that they had to change at some point if the Government was serious about human rights.
43. Mexico […] called upon Antigua and Barbuda to work to reduce the high rate of teenage pregnancies and HIV prevalence and to guarantee access to social and health services for all, including vulnerable persons and persons from the lesbian, gay, bisexual, transgender and intersex community.
47. The Netherlands noted that Antigua and Barbuda had stated in its report that lesbian, gay, bisexual, transgender and intersex persons were generally not discriminated against. It remained concerned, however, about the full rights of such persons, in particular of those from the lower economic bracket. It noted the explanations given by the Government.
53. A similar situation applied to issues pertaining to lesbian, gay, bisexual, transgender and intersex persons. The delegation considered that it would take time to sensitize Antiguan society, which was very moral and religious. The delegation added that if the Government were to force these issues, the reaction from society would be negative and regressive.
57. Slovenia […] regretted that the Sexual Offences Act of 1995 criminalized sexual relations between consenting adults of the same sex, but did not acknowledge marital rape.
59. Spain […] considered respect for the principle of non-discrimination on the grounds of sexual orientation as essential.
62. The United States of America […] noted the high incidence of violence against women, especially spousal abuse and sexual harassment, and the existence of laws that criminalized same-sex sexual activity between consenting adults.
66. The delegation also restated its understanding regarding the concerns expressed during the interactive dialogue on the legal ban on consensual sex between adults of the same sex. It added that it understood that, from a human rights perspective, the fact that no one had been prosecuted under those provisions was unsatisfactory. Nevertheless, the delegation expressed its concern that a sudden change on these sensitive matters could generate a counterproductive reaction from public opinion.
V. Conclusions and/or recommendations
Antigua and Barbuda accepted the following recommendations:
76.13 Continue the efforts to ensure that national legislation prohibits discrimination on the grounds of disability, sexual orientation, gender identity and social status (Mexico).
Antigua and Barbuda noted the following recommendations:
77.35 Continue efforts at protecting all members of society from discrimination, harassment and violence, regardless of their sexual orientation (South Africa);
77.36 Adopt the additional necessary measures to ensure the full enjoyment of human rights by the vulnerable groups which are subjected to discrimination, such as lesbian, gay, bisexual, transgender and intersex persons, including the investigation and punishment of cases of discrimination, as well as the abrogation of norms that criminalize and stigmatize (Argentina);
77.37 Enact legislation prohibiting discrimination against lesbian, gay, bisexual, transgender and intersex persons, including removing laws criminalizing same-sex activity (Australia);
77.38 Carry out awareness and education campaigns in favour of nondiscrimination based on sexual orientation (Spain);
77.39 Eliminate the provisions that criminalize same-sex sexual relations between adults (Chile);
77.40 Put an end to the legal discrimination against lesbian, gay, bisexual, transgender and intersex persons and to the criminalization of homosexuality (France);
77.41 Abolish all provisions that criminalize consensual same-sex relationships and adopt a national policy to promote tolerance and address discrimination and violence against lesbian, gay, bisexual, transgender and intersex persons (Germany);
77.42 Repeal articles 12 and 15 of the Sexual Offences Act of 1995 that criminalize sexual relations between consenting individuals of the same sex, which are contradictory to the commitment of non-discrimination (Netherlands);
77.43 Decriminalize relations between persons of the same sex (Honduras);
77.44 Decriminalize sexual relations between consenting adults of the same sex (Slovenia);
77.45 Decriminalize consenting homosexual relations between adults (Spain);
77.46 Reform the penal code to decriminalize private, same-sex sexual activity between consenting adults (United States of America);
77.47 Take concrete measures with a view to decriminalizing consensual samesex relations and abolishing any discriminatory legislation against lesbian, gay, bisexual, transgender and intersex persons, even if such laws are not applied in practice (Brazil).
VI. Further information
You will find all documents relating to Antigua and Barbuda’s second review at UPR-Info and OHCHR’s websites.