Saint Vincent and the Grenadines (Cycle 2)

For a summary of Saint Vincent and the Grenadines’ review at the first cycle please click here.

25th UPR session
Date of review: 2 May 2016
Date of report adoption: 8 July 2016
Document number: A/HRC/33/5*

SUMMARY

SOGIESC issues during Saint Vincent and the Grenadines’s 2nd UPR review
Civil society submissions: ✘
National report: ✓
UN information: ✓
Working group discussions: ✓
Recommendations: ✓ (8 noted)

I. SOGIESC issues/recommendations identified by NGOs
No references.

II. Excerpts on SOGIESC issues from the national report
36. Sections 146–148 of the Criminal Code of Saint Vincent and the Grenadines criminalises the act of buggery as follows: Section 146 states that Any person who: (a) Commit buggery with any other person; (b) Commits buggery with an animal; or (c) Permits any person to commit buggery with him or her, is guilty of an offence and liable to imprisonment for ten years. Section 147. Assault with intent to commit buggery. Any person who commits an assault with intent to commit buggery, is guilty of an offence and liable to imprisonment for seven years. Section 148. Indecent practices between persons of the same sex. Any person who, whether in public or private, commits any act of gross indecency with another person of the same sex, or procures or attempts to procure another person of the same sex to commit an act of gross indecency with him or her, is guilty of an offence and liable to imprisonment for five years.

56. Saint Vincent and the Grenadines has moved towards mainstreaming gender in the health, education, agricultural and social services sectors to take into consideration gender identity and recognising the human and reproductive rights of citizens.

58. Sections 146–148 of the Criminal Code of Saint Vincent and the Grenadines makes provision for: Section 146. Buggery Any person who: (a) Commit buggery with any other person; (b) Commits buggery with an animal; or (c) Permits any person to commit buggery with him or her, A/HRC/WG.6/25/VCT/1 13 (d) is guilty of an offence and liable to imprisonment for ten years. Section 147. Assault with intent to commit buggery Any person who commits an assault with intent to commit buggery, is guilty of an offence and liable to imprisonment for seven years. Section 148. Indecent practices between persons of the same sex Any person who, whether in public or private, commits any act of gross indecency with another person of the same sex, or procures or attempts to procure another person of the same sex to commit an act of gross indecency with him or her, is guilty of an offence and liable to imprisonment for five years.

III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination

16. The United Nations subregional team noted that the Constitution prohibited discrimination on the basis of sex, race, place of origin, political opinions, colour or creed, but no specific legislation addressed discrimination based on sexual orientation, gender identity or social status. It also noted that discrimination against lesbian, gay, bisexual and transgender persons included eviction, refusal to offer housing and employment and bullying in schools.

Right to life, liberty and security of the person

22. The Committee on the Elimination of Discrimination against Women noted that women in same sex-relationships were excluded from the categories of persons who could apply for protection under the Domestic Violence Act. It urged Saint Vincent and the Grenadines to ensure that no woman is excluded from seeking and obtaining protection under the Act on the basis of the type of relationship in which she is engaged.

Right to privacy, marriage and family life

33. The United Nations subregional team reported that sexual acts between same-sex couples were illegal for both men and women in Saint Vincent and the Grenadines.

IV. References to SOGIESC issues during the Working Group review
23. Australia […] regretted that violence and discrimination against lesbian, gay, bisexual, transgender and intersex persons had not been addressed appropriately.

44. With respect to same-sex relationships, the delegation indicated that provisions on the matter had existed for a long time and that the precepts underlying them had overwhelming public support in the country’s Christian society espousing Judaeo-Christian values in the Caribbean context. The delegation acknowledged, however, that changes in those values were occurring, particularly among sections of young people, largely as a consequence of influences from outside. The matter was therefore always under review. However, all national sensitivities must be appreciated within the context of the existing value system. It was important to note that there had been no imprisonments in that regard. To conclude, there was currently no public or legislative appetite to revise any of the laws that prohibited sexual activities between consenting adults.

45. Referring to comments made by one delegation on the need to implement legislation to protect lesbian, gay, bisexual, transgender and intersex persons against violence, the delegation reiterated that every citizen in Saint Vincent and the Grenadines was afforded protection against violence, which was ensured under the Constitution and existing criminal laws.

70. The United States of America […] remained concerned about reports of discrimination and violence against women and lesbian, gay, bisexual, transgender and intersex persons and about reported use of excessive force by police and sex trafficking, including forced prostitution of women and prostitution of impoverished children by their family members.

V. Conclusions and/or recommendations
Saint Vincent and the Grenadines noted the following recommendations:

80.37 Reform laws related to discrimination and violence against women and lesbian, gay, bisexual, transgender and intersex persons, including by repealing provisions which may be used to criminalize consensual, same-sex sexual activity between adults, and establishing a law criminalizing domestic violence (United States of America);

80.38 Enact legislation and take necessary measures to prohibit discrimination on the grounds of sexual orientation, gender identity and social status (Mexico);

80.39 Enact legislation prohibiting discrimination against lesbian, gay, bisexual, transgender and intersex persons, including removing laws criminalising consensual same sex activity (Australia);

80.40 Decriminalize homosexuality and oppose all forms of discrimination and abuse against lesbian, gay, bisexual, transgender and intersex persons (Italy);

80.43 Consider taking steps to decriminalize consensual same sex relations and abolish any discriminatory legislation and practices against lesbian, gay, bisexual, transgender and intersex people (Brazil);

80.44 Decriminalize homosexual relations between consenting adults (Spain);

80.45 Abolish section 148 of the Criminal Code, which criminalizes consensual sexual practices between persons of the same sex, as a step towards decreasing discrimination of same-sex relationships (Netherlands);

80.72 Take measures to prevent violence and discrimination against persons based on their sexual orientation and gender identity (Chile).

VI. Further information
You will find all documents relating to Saint Vincent and the Grenadines’s second review at UPR-Info and OHCHR’s websites.