| For a summary of Trinidad and Tobago’s review at the second cycle please click here. |
12th UPR session
Date of review: 5 October 2011
Date of report adoption: March 2012
Working Group report: A/HRC/19/7
| Summary
Recommendations: Undertake proactive policies to promote the rights of individuals, especially with regard to their sexual orientation and HIV/AIDS status; Adopt measures so that traditional stereotypes referring to the roles of men and women in society and family can be overcome; Increase measures to ensure that violence and discrimination against members of vulnerable groups, such as women and lesbians, gay, bisexual and transgender persons, are both prevented and prosecuted. Response: Accepted. Recommendations: Repeal provisions which may be used to criminalise consensual relations between adults of the same sex; adopt legislative and political measures to establish a specific framework of protection for sexual preference; put in place public awareness raising campaigns on this matter. Response: Under consideration until March 2012. |
I. Key issues/recommendations identified by NGOs
- Include sexual orientation and gender identity as grounds for protection in non-discrimination legislation;
- Arbitrary detention;
- Torture;
- Impunity;
- Sensitisation for law enforcement officials;
- Relationship recognition;
- Decriminalisation of same-sex relations;
- Immigration.
II. Excerpts from input reports
National report
IV. Promotion and protection of human rights
A. International covenant on civil and political rights
3. Access to justice
42. The central tenets of ensuring due process and the equal treatment of all before the law is one of the foundations of the Government of Trinidad and Tobago’s approach to upholding citizens’ rights and freedoms. As the Government agency mandated to reform the criminal justice system through the amendment and introduction of criminal legislation, the Ministry of Justice has embarked upon consultations with key stakeholders as part of the process of legislative reform.
43. The following pieces of legislation are currently under review by the Ministry of Justice:
The Sexual Offences Act, 1986 to expand the range and scope of sexual offences covered by the Act, and to repeal and replace the law governing the Sex Offender Registry; and […]
Compilation of UN information
II. Promotion and protection of human rights on the ground
B. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
20. In 2002, CESCR was concerned about the lack of specific and comprehensive anti-discrimination legislation in Trinidad and Tobago. The Committee was particularly concerned that the Equal Opportunity Act 2000 does not afford protection to individuals on the grounds of sexual orientation, age and HIV/AIDS status, among others. CESCR recommended that Trinidad and Tobago take legislative and other effective measures to eliminate discrimination.
4. Right to privacy, marriage and family life
38. CESCR encouraged Trinidad and Tobago to undertake proactive policies to promote the rights of individuals, especially with regard to their sexual orientation and HIV/AIDS status.
Summary of stakeholders’ information
I. Background and framework
C. Policy measures
4. AI reported that the 2009 draft National Policy on Gender and Development, which had not yet been adopted, acknowledged that gender based violence was an obstacle to national development, and indicated a number of measures to be implemented including: the adoption of legislation on sexual harassment; the revision of existing legislation with a view to improve legal remedies for all forms of gender based violence; the creation of centralized system for data collection; the establishment of specialized Rape and Sexual Offences Units within police stations; and strengthening the capacities and the effectiveness of shelters for victims and their children. AI recommended that Trinidad and Tobago ensure the adoption and the co-ordinated implementation of the National Policy on Gender and Development. Joint Submission 2 (JS2) noted that the 2009 draft policy categorically excluded from its scope any treatment of sexual orientation and homosexuality.
II. Promotion and protection of human rights on the ground
Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
5. JS2 reported that the Equal Opportunity Act (2000) (Ch. 22:03), explicitly excluded from its application “sexual preference or orientation.
2. Right to life, liberty and security of the person
11. JS2 referred to reports that several men in same-sex-practicing networks in Trinidad, who sought sexual partners on a popular internet site had, since 2007, been victims of a pattern of crimes, which in the worst instances, included kidnapping, imprisonment, torture and robbery. Most did not pursue police action and the two who did reported sloppy investigation. JS2 stated that because the sexual expression of same-sex desire is treated as criminal in the law men are often forced into hiding when they become the victims of opportunistic crimes.
4. Right to privacy, marriage and family life
25. AI, JS1 and JS2 indicated that homosexual activity wais criminalized in Sections 13 and 16 of the Sexual Offences Act relating to buggery and serious indecency. AI recommended that Trinidad and Tobago repeal all provisions that criminalize same sex relations, including in the Sexual Offences Act. JS1 made a similar recommendation.
26. JS2 also mentioned that the Administration of Estates Act (2000) , the Cohabitational Relationships Act (1998) and the Domestic Violence Act (1997) all provided recognition and protection for non-marital cohabitational relationships, but defined these relationships as between persons of the opposite sex. JS2 reported that the Government proposed in 2011 a “national referendum” to determine if same-sex relationships should be recognized by the state.
6. Right to social security and to an adequate standard of living
28. JS2 mentioned the national HIV strategic plan 2010-2015 and indicated that national HIV spending allocated from 2002 to 2009 on all “most-at-risk populations” was less than 7 per cent. JS2 indicated that, in available sampling, HIV prevalence among men who have sex with men had been measured at 20 per cent, four to eight times higher than estimated national rates of HIV.
8. Migrants, refugees and asylum-seekers
32. AI reported that the Immigration Act prohibited entry into Trinidad and Tobago of “prostitutes, homosexuals or persons living on the earnings of prostitutes or homosexuals, or persons reasonably suspected as coming to Trinidad and Tobago for these or any other immoral purposes”. AI recommended that Trinidad and Tobago repeal provisions in the Immigration Act that were discriminatory against lesbian, gay, bisexual and transgender persons.
III. References to SOGI during the Working Group review
A. Presentation by the State under review
9. Regarding the issue of sexual orientation, Trinidad and Tobago explained further that, in a small society with very conservative values and deep religious traditions, effecting change to personal attitudes and community values is no easy task. This notwithstanding, it is noteworthy that in recent debates on the Statutory Authorities (Amendment) Bill, the need to have definitive deliberations to resolve issues related to the treatment of same sex couples was raised in Parliament.
B. Interactive Dialogue and responses by the State under review
44. France noted that Trinidad and Tobago was party to a number of international and regional human rights instruments and that its Constitution recognized fundamental rights and freedoms […] It welcomed the establishment of an independent and impartial entity to deal with police complaint, noting however its mandate remained undefined. France also noted that certain provisions of the Criminal Code criminalise sexual relations between consenting adults of the same sex.
49. New Zealand […] suggested that prevention of HIV/AIDS infection becomes easier when sexual relations between same sex adults are legal.
54. Germany […] noted a initiative for constitutional reform in order to render the death penalty legally feasible again and expressed concern over the criminalisation of consensual same-sex relations between adults.
71. On the issue of criminalisation of same sex activity, [the delegation of Trinidad and Tobago] clarified that such laws are not enforced though it was acknowledged that there were very entrenched views in some sectors of society regarding this matter. Nevertheless a dialogue on this issue has begun.
72. Regarding immigration laws and sexual orientation and on migrants in general, it was explained that the immigration laws are being reviewed and it is not yet clear what the result of this review will be. Moreover a new policy to afford easier access to HIV care and services for migrants was being developed.
IV. Conclusions and/or recommendations
86. The recommendations formulated during the interactive dialogue and listed below enjoy the support of Trinidad and Tobago:
86.10. Undertake proactive policies to promote the rights of individuals, especially with regard to their sexual orientation and HIV/AIDS status (Canada).
87. The following recommendations enjoy the support of Trinidad and Tobago which considers that they are already implemented or in the process of implementation:
87.5. Adopt measures so that traditional stereotypes referring to the roles of men and women in society and family can be overcome (Uruguay);
87.23. Increase measures to ensure that violence and discrimination against members of vulnerable groups, such as women and lesbians, gay, bisexual and transgender persons, are both prevented and prosecuted (United States).
88. The following recommendations will be examined by Trinidad and Tobago which will provide responses in due time, but no later than the 19th session of the Human Rights Council in March 2012:
88.48. Repeal as soon as possible the provisions in the Penal Code and particularly articles 13 and 16 of the law on sexual offenses of 1986, penalising sexual relations between consenting individuals of the same sex (France);
88.49. Repeal all provisions of domestic law that criminalise same sex relations between consenting adults including the Sexual Offenses Act (New Zealand);
88.50. Repeal all provisions that criminalise consensual same sex relationships between adults or discriminate against homosexuals (Germany);
88.51. Regarding the situation of LGBT community, adopt legislative and political measures to establish a specific framework of protection for sexual preference. Additionally, put in place public awareness raising campaigns on the matter (Spain).
V. Adoption of the Report
The report of the Working Group was adopted at 19th session of the Human Rights Council in March 2012.
Statement by Trinidad and Tobago
Trinidad and Tobago also undertook to examine very crucial issues surrounding discrimination of persons based on sexual orientation and/or HIV/AIDS status. Discrimination itself is not taken lightly in Trinidad and Tobago and as it specifically relates to sexual orientation this is a current and developing issue facing our country. As with many other prominent human rights matters the very thinking of the population needs to be changed in order to address these issues adequately.
Our domestic legislation which deals with discrimination is in the process of being amended to include a person’s HIV/AIDS status, as one of the recognised categories under which a person is protected from discrimination. This legislative recognition of a specific vulnerable group in society is not only necessary but pioneering in the region. It is this maverick attitude of the Government of Trinidad and Tobago toward the protection of human rights of all which will propel national debate and eventual change in Trinidad and Tobago, in relation to issues such as sexual orientation.
Statements by States and other stakeholders
Amnesty International
We welcome Trinidad and Tobago’s support or recommendations to promote and protect the rights of lesbians, gay, bisexual and transgender people. However, the continued existence of legislation which criminalises consensual same sex relationships between adults contributes to creating a discriminatory environment where LGBT people are unable to fully enjoy their human rights. We urge the government to take steps to combat discrimination against LGBT persons and the stigma surrounding same-sex relations by repealing this legislation.
Action Canada for Population and Development, Coalition Advocating for Inclusion of Sexual Orientation, ARC International, Sexual Rights Initiative, COC Netherlands and the Family Planning Association
– Delivered by Colin Robinson
Madame President,
We proudly congratulate the Government for distinguishing itself among its Caribbean peers in embracing issues of sexual rights, sexual orientation and gender identity at UPR—in particular:
• taking bold public steps since the Working Group to address marriage of minors
• recognizing that we are a diverse national community with “new and emerging” human rights issues which require state intervention and protection
• expressing commitment, fitting for this session of the Council, that “discrimination based on sexual orientation…remains a matter of concern in the forefront of the minds of the Government” and explicit recognition that the human rights of all citizens includes the LGBT community.
Excellencies: my nation has declared an intention to be a Caribbean leader in addressing the changing needs of its population. Such leadership requires more than language; it necessitates action – and deserves support. Commitments to human rights make little difference to lived lives of people unless enshrined in legislation, policy and practice.
I therefore appeal to the Council to extend Trinidad and Tobago continued support:
• to commence forthwith the nationwide human rights awareness campaign announced in October
• to move swiftly to ensure establishment of a functioning national human rights institution compliant with the Paris Principles (as referenced in Recommendations 88.25 to 88.30)
and ask the Government:
In implementing recommendations 87.23 and 88.51, will they ensure that legislation (introduced since the October Working Group) to amend the Equal Opportunity Act of 2000 includes protections against discrimination based on sexual orientation which. will they ensure that legislation (introduced since the October Working Group) to amend the Equal Opportunity Act of 2000 includes protections against discrimination based on sexual orientation. As Germany (and previously three UN treaty reviews2) have noted, the current statute explicitly excludes such protection.
In building a nation that respects and protects the human rights of all, the Council – and of course the Government – is assured of our organizations’ enduring partnership. Thank you for the opportunity to participate in this process on behalf of civil society in Trinidad and Tobago.
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
Corrigendum 1 : A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Addendum 2 : E
Addendum 3 : E