LGBT rights in Trinidad and Tobago
| LGBT rights in Trinidad and Tobago | |
|---|---|
 Trinidad and Tobago |
|
| Same-sex sexual activity legal? | Illegal (not enforced) |
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Penalty:
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25 years (Buggery), 5 years (other sexual acts) |
| Gender identity/expression | – |
| Family rights | |
Lesbian, gay, bisexual, and transgender (LGBT) persons in Trinidad and Tobago may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in Trinidad and Tobago. However, the laws are not often enforced.
Contents |
[edit] Law regarding same-sex sexual activity
[edit] Sexual Offences Act
Trinidadian criminal code prohibits sex between two people of the same sex, as is the case in much of the English-speaking Caribbean.
Section 13 of the Sexual Offences Act 1986 (Strengthened in 2000)[1] criminalises "buggery". This section states:
- (1) A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment—
- (a) if committed by an adult on a minor, for life;
- (b) if committed by an adult on another adult, for twenty-five years;
- (c) if committed by a minor, for five years.
- (2) In this section "buggery" means sexual intercourse per anum by a male person with a male person or by a male person with a female person.
Section 16 relates to "serious indecency":
- (1) A person who commits an act of serious indecency on or towards another is guilty of an offence and is liable on conviction to imprisonment—
- (a) if committed on or towards a minor under sixteen years of age for ten years for a first offence and to imprisonment for fifteen years for a subsequent offence;
- (b) if committed on or towards a person sixteen years of age or more for five years.
- (2) Subsection (1) does not apply to an act of serious indecency committed in private between—
- (a) a husband and his wife; or
- (b) a male person and a female person each of whom is sixteen years of age or more, both of whom consent to the commission of the act.
- (3) An act of "serious indecency" is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire.
[edit] Enforcement
The government has not specifically targeted homosexuals under the "buggery" or "serious indecency" laws; however individuals have been charged and convicted of these offences when coupled with other serious crimes.[2][3][4]
[edit] Immigration Act
Under Section 8 of the Immigration Act,[5] homosexual men and women who are not citizens are not allowed to enter Trinidad and Tobago. However, this law is not known to have been enforced.
- (1) Except as provided in subsection (2), entry into Trinidad and Tobago of the persons described in this subsection, other than citizens and, subject to section 7(2), residents, is prohibited, namely-
- * * * *
- (e) ... homosexuals or persons living on the earnings of ... homosexuals, or persons reasonably suspected as coming to Trinidad and Tobago for these or any other immoral purposes....
[edit] Enforcement
The law forbidding immigration is not known to have been enforced.
In 2007 a highly vocal campaign opposed Elton John's entry into the country. This was led by the local Anglican Church, in particular Archdeacon Philip Isaac.[6] The Tobago House of Assembly rejected the call to bar Elton John from entry, and the concert went ahead as planned in May 2007.[7]
[edit] Decriminalization effort
On December 2012, Prime Minister Kamla Persad-Bissessar responded to a letter protesting the country's anti-gay laws by stating,
With respect to the concerns raised in your letter regarding aspects of T&T's Sexual Offences Act and the Immigration Act which may target persons who identify as lesbian, gay, bisexual or transgender (LGBT), I wish to assure you that due consideration is being given to these issues by my Government. I do not support discrimination in any form against any individual, regardless of their gender identity or sexual orientation. I share your view that the stigmatisation of homosexuality in T&T is a matter which must be addressed on the grounds of human rights and dignity to which every individual is entitled under international law. As such I am pleased to inform you that I have mandated my Minister of Gender, Youth and Child Development, Senator the Honourable Marlene Coudray to prepare and present a national gender policy to Cabinet over the coming months. It is expected that once adopted, this policy will forge the way forward for T&T as my Government seeks to put an end to all discrimination based on gender or sexual orientation.[8]
[edit] Public attitudes toward LGBT people
Trinidad and Tobago is considered a "relatively safe" destination for gay travellers.[9]
[edit] Local LGBT activism bodies
Trinidad & Tobago's Coalition Advocating for Inclusion of Sexual Orientation | Sexual Orientation and Gender Identity/Expression Advocacy Coalition. [10]
Trinidad & Tobago's FreePride Foundation Project | LGBTQ News, Resources, Sexology Education and Safe Sexual Health Sustainability. [11]
[edit] See also
[edit] References
- ^ Sexual Offences Act, 2000
- ^ The State v. Steve Williams
- ^ The State v. Patrick Wellington & Kelvin Persad
- ^ The State v. Jacob Ramjattan
- ^ Immigration Act
- ^ Elton John concert will corrupt Trinidad and Tobago
- ^ Elton John free to menace Tobago
- ^ "Trinidad and Tobago PM says she will end gay hate", Gay Star News, reported by Matthew Jenkin, 18 December 2012
- ^ GayTimes
- ^ Coalition Advocating for Inclusion of Sexual Orientation (CAISO)[1]
- ^ FreePride Foundation Project[2]
[edit] External links
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