| For a summary of Trinidad and Tobago’s review at the first cycle please click here. |
25th UPR session
Date of review: 10 May 2016
Date of report adoption: 15 July 2016
Document number: A/HRC/33/15
|
SUMMARY SOGIESC issues during Trinidad and Tobago’s 2nd UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
3. SOGIE1 noted that the Cabinet twice deferred action on an omnibus national gender policy before it, which had been the subject of considerable consultation and resources, and intended to achieve domestication of CEDAW. However religious opposition to recognition of the rights to LGBTI persons, to decriminalization of abortion, and to recognition of gender as a social construct were widely reported as the barriers to government leadership in moving it forward. In September 2015, a new government took office and has adopted its manifesto as government policy. That manifesto declares an intention to enact an older, 2009 gender policy document which states explicitly in its executive summary that it “does not provide measures dealing with or relating to…same-sex unions, homosexuality or sexual orientation”.
4. It also stressed that the last legal measure recognizing LGBT-related rights came into force in January 2012. Parliamentary debate on the LGBT community and the protection of the law has been ongoing and encouraging, but led in almost all instances by non-Government Parliamentarians.
5. SOGIE1 recalled a University of the West Indies Faculty of Law report, which concluded that “the relevant criminal law shows insufficient regard for the life of a deceased LGBT person; the law fails to respect the criminal law principles of reasonableness and proportionality; and the law reflects a perception of the LGBT person as criminal.” A pair of Trinidad & Tobago cases, Cox v The State and Marcano v The State, were at the core of the analysis.
6. On LGBT rights, SOGIE 1 recommended that the Government develop and implement from 2016 onward a national campaign of human rights and anti-discrimination education in the national media, in schools and in local communities, that explicitly includes sexual and gender diversity and NGOs and representatives from LGBTI communities. It also recommended that the Government and Opposition jointly pass legislation to amend the Constitution’s Bill of Rights (currently Section 4) to protect against discrimination on the basis of sexual orientation and gender; and that the Government introduce and bring to a debate in Parliament a legislative amendment to the Equal Opportunity Act to add sexual orientation, age and HIV to be protected under Section 3. Finally, it recommended the Ministry of Labour & Small Enterprise Development to bring to Cabinet for adoption a simple policy statement on non-discrimination in public employment, including all uniformed services, on the basis of sexual orientation and gender identity.
Right to life, liberty and security of the person
10. SOGIE1 commended that in November 2014 Trinidad and Tobago established a standing Joint Select Committee (JSC) on Human Rights, Diversity, the Environment and Sustainable Development. The Committee established domestic violence as its first priority and produced a June 2015 report examining programmes and services which provide support to victims of domestic violence. It invited 28 NGOs to make submissions. LGBTI NGOs were not among them, and the report made no recognition of the gaps in services for victims of same-sex domestic violence and the stigma they face.
Administration of justice, including impunity and the rule of law
17. SOGIE1 stated that it is well documented that right-holders in post-colonial, small island developing states like Trinidad and Tobago, especially those who are sexual minorities, are vulnerable to victimization, violence and other rights violations, and single violations can affect multiple ruptures to safety, dignity and livelihood. Besides the IACHR, Trinidad & Tobago affords rights-holders no access to supranational human rights adjudication mechanisms, which are expressly designed to backstop failures, negligence or weaknesses in domestic mechanisms.
Right to privacy, marriage and family life
19. SOGIE1 referred to the UPR first cycle and the recommendations 87.17, regarding rights of all children, and 87.26 regarding the increase of accessibility and quality of health services and education for all citizens. It noted that new child protection legislation and improvements in health and education services leave critical gaps in sexuality education, maintain laws enabling child marriage, and radically increase criminal penalties for same-sex sexuality between minors, while decriminalizing similar conduct between children of opposite sexes.
Migrants, refugees and asylum seekers
32. [LWC] also recommended completing a National Plan of Action on Migration Detention in collaboration with all stakeholders, prioritizing alternatives to detention such as community-based reception alternatives as deliberated on during the UNHCR Global Roundtable on Reception and Alternatives to Detention; and reforming the Immigration Act to be compliant with International Human Rights Standards in the migration context such that all migrants, irrespective of status, are treated with dignity and respect with particular emphasis on more vulnerable groups such as LGBT migrants, children and the family unit, pregnant, lactating and single women, the elderly and the disabled.
II. Excerpts on SOGIESC issues from the national report
14. During the months of March to December 2013, a National Commission on Constitutional Reform was established to engage the population in a dialogue about their A/HRC/WG.6/25/TTO/1 5 aspirations and desires in respect of constitutional reform. The Commission was comprised of four Commissioners and a Chairman.
15. Through the nationwide consultation, some of the major issues raised included inter alia: • the wording of the preamble in the Constitution should not eliminate the reference to God, but should be amended to provide a sense of inclusion; • sexual orientation and human rights should be made subject to further national discussions and public education […].
III. Excerpts on SOGIESC issues by UN agencies
Equality and non-discrimination
7. The country team noted that the 2000 Equal Opportunity Act did not explicitly ban discrimination based on sexual orientation, gender or HIV status, and that the lack of legal protection supported an environment of stigma and discrimination against persons perceived to be HIV-positive and towards members of the lesbian, gay, bisexual and transgender community, limiting their access to essential public health services. The country team also noted that the Government had not indicated any plans to revoke the laws that criminalized same sex relationships, and that civil society and stakeholders had reported that members of the lesbian, gay, bisexual and transgender community were sometimes subjected to forced marriage and so-called “corrective rape”.
Right to privacy, marriage and family life
20. The country team noted that […] while recent legislation decriminalized non-coercive sexual relations between minors who were close in age in non-familiar or custodial relationships, it explicitly withheld the decriminalization provision in the case of children of the same sex. That made non-coercive sexual activity between minors of the same sex subject to life imprisonment, regardless of their ages.
IV. References to SOGIESC issues during the Working Group review
31. The Netherlands welcomed the ongoing parliamentary debate on equal rights and non-discrimination with regard to the lesbian, gay, bisexual, transgender and intersex community. Since discrimination based on sexual orientation remained prevalent, the Netherlands highlighted the need to improve the fulfilment of the rights of lesbian, gay, bisexual, transgender and intersex persons.
34. Norway […] was also worried about the continued stigmatization of and discrimination against lesbian, gay, bisexual, transgender and intersex persons, as well as those living with HIV.
52. Slovenia noted that the death penalty continued to be mandatory for murder and that non-coercive sexual activity between minors of the same sex could lead to life imprisonment.
54. Spain [said] and Tobago should continue to combat all forms of discrimination, particularly discrimination based on sexual orientation.
60. The United States of America […] was also concerned about violence and discrimination against women and the lack of respect for the human rights of lesbian, gay, bisexual, transgender and intersex persons.
65. […] Australia also remained concerned that violence and discrimination against lesbian, gay, bisexual, transgender and intersex persons had not been addressed through legislative and policy instruments.
70. Chile […] were concern[ed] about the State’s retention of the death penalty in its legislation, discrimination against lesbian, gay, bisexual, transgender and intersex persons, violence against women and children and the early marriage of girls.
78. Germany […] remained worried that provisions criminalizing and discriminating against lesbian, gay, bisexual, transgender and intersex persons were still in effect. […]
80. Reference was made to previous responses on the subject of police mistreatment, prison conditions, gender equality, the death penalty, early marriage, vulnerable groups, such as lesbian, gay, bisexual, transgender and intersex persons, the ratification of the Convention against Torture and the Rome Statute of the International Criminal Court.
93. Montenegro noted concerns expressed by the Committee on Economic, Social and Cultural Rights and asked Trinidad and Tobago to elaborate on its possible intention to amend the Equal Opportunity Act, 2000, to afford protection to individuals on the grounds of sexual orientation and gender identity and to indicate whether a definition of discrimination against women had been incorporated into the draft national policy.
V. Conclusions and/or recommendations
Trinidad and Tobago noted the following recommendations:
108.36 Take into account the recommendations of the National Commission for Equal Opportunities concerning the need to amend the Equal Opportunities legislation so that it covers the elderly, persons living with HIV and discrimination on the grounds of sexual orientation (Colombia);
108.37 Put into effect first cycle recommendations 87.23 and 88.50, and develop policy and programmatic responses to the needs of lesbian, gay, bisexual, transgender and intersex (LGBTI) persons (United States of America);
108.38 Amend the Equal Opportunity Act to include sexual orientation and gender identity as prohibited grounds for discrimination, as part of a proactive strategy to promote respect for the dignity and rights of all individuals (Canada);
108.39 Adopt legislation prohibiting discrimination on the grounds of sexual orientation and gender identity, introducing also awareness-raising programs that promote respect for sexual diversity (Chile);
108.40 Enact legislation prohibiting discrimination against LGBTI persons, including removing laws criminalising same sex activity (Australia);
108.41 Repeal articles 13 and 16 of the Law on Sexual Offences of 1986, penalizing sexual relations between consenting individuals of the same sex. Despite the fact that laws criminalizing same sex activity are not enforced, a formal withdrawal of the law is highly recommended (Netherlands);
108.42 Take steps to combat discrimination of LGBTI people in legislation and practice, including decriminalisation of sexual activities between consenting adults of the same sex (Norway);
108.43 Decriminalize sexual relations between consenting adults of the same sex (Slovenia) (Spain);
108.44 Take additional measures as necessary to ensure the full enjoyment of human rights by vulnerable groups that are suffering from discrimination, such as LGBTI persons, including investigation and punishment of cases of discrimination and repealing of laws that criminalize and stigmatize them (Argentina);
108.45 Put an end to discrimination (particularly legal discrimination) against LGBT persons and to criminalization of homosexuality (France);
108.46 Repeal all provisions that criminalize consensual same-sex relationships or that discriminate against LGBTI persons (Germany); 108.47 Decriminalize homosexuality and combat all forms of discrimination and abuse against LGBTI persons (Italy);
108.48 Decriminalize same sex relations including in the Sexual Offences Act (Montenegro);
108.49 Take concrete measures with a view to decriminalizing consensual same-sex relations and abolishing any discriminatory legislation against LGBTI people, even if it is not applied in practice (Brazil);
108.50 Review the Children Act of 2012 in order to decriminalize consensual sexual relations between minors of the same sex (Chile).
VI. Further information
You will find all documents relating to Trinidad and Tobago’s second review at UPR-Info and OHCHR’s websites.