Antigua and Barbuda: Treatment of sexual minorities by society and authorities; legal recourse and protection available (2010-2013)

1. Legislation

Several sources indicate that sexual acts between same-sex couples are illegal for both men and women in Antigua and Barbuda (US 19 Apr. 2013, 10; Cari-FLAGS 25 Dec. 2013; ILGA May 2013, 89). Article 12 of Antigua and Barbuda's Sexual Offences Act of 1995 states:

12. (1) A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment -

for life, if committed by an adult on a minor;

for fifteen years, if committed by an adult on another adult;

for five years, if committed by a minor.

(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. (Antigua and Barbuda 1995; ILGA May 2013, 89)

Article 15 of the same Act states:

15. (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 -

for ten years, if committed on or towards a minor under sixteen years of age;

for five years, if committed an or towards a person sixteen years of age or more;

2) Subsection (1) does not apply to an act of serious indecency committed in private between -

a husband and his wife; or

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. (Antigua and Barbuda 1995; ILGA May 2013, 89)

Sources indicate that these laws are not actively implemented (MESH 2 Jan. 2014; CVC 17 Dec. 2013; Caribarena 3 Oct. 2011). In 2011, the Director of Public Prosecution (DPP) reportedly said that during his time as the DPP, from 2008-2011, the only buggery cases brought forward were "criminal cases" and were not "consensual sex cases" (qtd. in Caribarena 3 Oct. 2011). In correspondence with the Research Directorate, a representative of the Caribbean Vulnerable Communities (CVC) Coalition, who also works at the Gender Affairs department of the Antigua and Barbuda government, said that he was not aware of any recent arrests or prosecutions for consensual same-sex sexual acts between consenting adults under these laws (CVC 17 Dec. 2013). In a telephone interview with the Research Directorate, a representative of the Antigua-based LGBT rights group Meeting Emotional and Social Needs Holistically (MESH), who is also an openly gay police officer, said that although the laws are generally not pursued, LGBT people who are caught engaging in sexual activity in a public place are sometimes detained for a couple of days (MESH 2 Jan. 2014). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate that Antigua and Barbuda rejected recommendations to decriminalize same-sex sexual relations during the UN Human Rights Council's Universal Periodic Review in 2012 (AI 16 Mar. 2012; UN 2012, 6). The Attorney General of Antigua and Barbuda reportedly told the press that "'there will be no change in the law on buggery, at least not if I can help it. Being gay is morally wrong, and to be honest personally, I am still homophobic'" (US 19 Apr. 2013, 11; Caribarena 3 Oct. 2011; Antigua Observer 5 Oct. 2011). He also indicated that a change in the buggery law would face opposition by the public and church (Caribarena 3 Oct. 2011).

Sources indicate that Antigua and Barbuda do not have laws that protect people against discrimination based on sexual orientation (MESH 2 Jan. 2014; UN 2012, 6). According to the CVC representative, LGBT people can report cases of discrimination to the police or social services, but there is no official protocol in place to handle such cases (17 Dec. 2013).

2. Treatment

2.1 Societal Attitudes and Discrimination

According to a 2011 report by the UN Human Settlements Programme (UN Habitat), there is homophobia in Antiguan society (UN 2011, 21). Similarly, the MESH representative said that there are still clergy who preach against homosexuality and media that play homophobic music (2 Jan. 2014).

Several sources indicate that LGBT people face discrimination (US 19 Apr. 2013, 11; MESH 2 Jan. 2014; CVC 17 Dec. 2013) and stigma (ibid.; MESH 2 Jan. 2014). According to the CVC representative, openly LGBT people, particularly from the lower economic bracket, face discrimination and stigma, and may face challenges accessing basic health care and social services (17 Dec. 2013). Sources note that openly LGBT people may face job loss (CVC 17 Dec. 2013; MESH 2 Jan. 2014). The MESH representative indicated that those who are openly LGBT and unemployed face greater difficulty finding jobs, particularly minimum wage jobs (ibid.). The CVC representative indicated that openly LGBT people may face infringements on their human rights and loss of family support (17 Dec. 2013).

According to the CVC representative, a number of LGBT people do not reveal their sexual orientation out of fear (17 Dec. 2013). The MESH representative noted that more young people are "coming out" than in the past due to greater awareness, but that they still face stigma and discrimination (2 Jan. 2014).

According to the US Department of State's Country Reports on Human Rights Practices for 2012, discrimination against LGBT people is usually in the form of verbal attacks (US 19 Apr. 2013, 11). According to the MESH representative, their group has documented approximately 12-15 cases of human rights abuses against LGBT people between 2010 and 2013 (2 Jan. 2014).

2.2 Violence

Both the CVC representative and MESH representative said that LGBT people have been subject to physical violence, but were not aware of any cases of murders motivated by homophobia (CVC 17 Dec. 2013; MESH 2 Jan. 2014). Examples of violence include cases in which LGBT people have been pelted with stones, or subject to beatings (CVC 17 Dec. 2013; MESH 2 Jan. 2014). The news portal Caribarena Antigua published an article about a member of the LGBT community who experienced verbal and physical attacks because of his sexual orientation, including having bottles and stones thrown at him, being chased through a village, and an attempt to run him down with a car (Caribarena 17 May 2013). According to the MESH representative, physical violence against LGBT people is particularly perpetrated by small groups or gangs (MESH 2 Jan. 2014). According to the CVC representative, LGBT people may be subject to beatings by either individuals or groups (17 Dec. 2013).

The MESH representative provided some examples of physical violence, including a 2013 case in which the perpetrator threw bottles down from a building onto an openly gay man, "causing his head to rupture" (2 Jan. 2014). In another 2013 example, a gay man was subject to anti-gay verbal abuse, cut with a knife and robbed (MESH 2 Jan. 2014). Further information about these incidents could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. State Protection

The MESH representative noted that their organization encourages individuals to report cases of threats and violence against LGBT people to the police (MESH 2 Jan. 2014). However, he also noted that many LGBT people do not report violence to the police for multiple reasons, such as fear of revealing their sexual orientation, fear of stigma and discrimination or fear due to past experience with police or hearing of experiences of other LGBT people (MESH 2 Jan. 2014).

Sources indicate that law enforcement officials sometimes discriminate against LGBT people (CVC 17 Dec. 2013; Freedom House 2013; MESH 2 Jan. 2014). Freedom House states that there have been cases of police using excessive force against LGBT people (Freedom House 2013). However, the MESH representative said that police officers who use physical violence against LGBT people may lose their jobs (MESH 2 Jan. 2014). He said there was a case in which a police officer physically assaulted an LGBT person, was reported, and subsequently lost his job (MESH 2 Jan. 2014). However, the MESH representative also indicated that many LGBT people fear making reports against the police (ibid.). Further information about consequences for police who use physical violence against LGBT people could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the CVC representative, some officers will assist an LGBT individual, but others won't take the report seriously, and some will even chase the LGBT person out of the station (17 Dec. 2013). Similarly, the Antiguan media source Caribarena quoted someone who said their LGBT friend was chased out of a police station when trying to report an incident to the police (3 Oct. 2011). The MESH representative said that treatment depends on the police officer at the desk (MESH 2 Jan. 2014). He noted that there is still a lot of stigma and discrimination towards LGBT people by the police (ibid.). He noted:

Sometimes the police purposefully create delays in handling the report or investigating the case if it involves an LGBT person. They find excuses. For example, there was a case in 2012 in which an LGBT person was threatened by a group and called the police, but the police never came. (2 Jan. 2014)

The MESH representative noted that in his experience as an openly gay police officer, he has been subject to verbal abuse at work, but has not experienced physical abuse by other officers (MESH 2 Jan. 2014).

The MESH representative indicated that some police officers have received training on stigma and discrimination, which included treatment of men who have sex with men (MSM) (ibid.). He said that the stations targeted for training were based on the stations where people were subject to the most discrimination (ibid.). Further information about police training on LGBT issues could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Support Services

According to Country Reports 2012, there are a few organized LGBT groups in Antigua and Barbuda, but societal attitudes "somewhat impeded operation and free association of LGBT organizations" (US 19 Apr. 2013, 11). According to the MESH representative, support from LGBT groups is limited (MESH 2 Jan. 2014). He noted that MESH is not yet in a position to provide legal support, although they work with international groups to get advice (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Amnesty International (AI). 16 March 2012. "Document--Antigua and Barbuda: Amnesty International Welcomes the Commitment to Condemn Human Rights Violations Against Persons Because of Their Sexual Orientation, but Regrets the Rejection of the Recommendations to Abolish the Death Penalty." (AMR 58/001/2012). [Accessed 12 Dec. 2013]

Antigua and Barbuda. 1995. The Sexual Offences Act, 1995. [Accessed 12 Dec. 2013]

Antigua Observer. 10 December 2011. "Human Rights Complaints Persist Locally." [Accessed 12 Dec. 2013]

_____. 5 October 2011. "AG: Anti-Buggery Law Here to Stay." [Accessed 12 Dec. 2013]

_____. 11 December 2010. "Human Rights Advocate Advises Government to Remove Sodomy from Law Books." [Accessed 12 Dec. 2013]

Caribarena Antigua. 17 May 2013. Chevaughn Benjamin. "Homophobia--Jordan's Story." [Accessed 7 Jan. 2014]

_____. 3 October 2011. Eef Armstrong. "Antigua's Buggery Law Unlikely to Change." [Accessed 7 Jan. 2014]

Caribbean Forum for Liberation and Acceptance of Genders and Sexualities (CariFLAGS) Secretariat. 25 December 2013. Correspondence from the Manager to the Research Directorate.

Caribbean Vulnerable Communities (CVC) Coalition. 17 December 2013. Correspondence from a representative to the Research Directorate.

International Lesbian Gay Bisexual Trans and Intersex Association (ILGA). May 2013. Lucas Paoli Itaborahy and Jingshu Zhu. State Sponsored Homophobia. [Accessed 2 Jan. 2013]

Freedom House. 2013. "Antigua and Barbuda." Freedom in the World 2013. [Accessed 13 Dec. 2013]

Meeting Emotional and Social Needs Holistically (MESH). 2 January 2014. Telephone interview with a representative.

United Nations (UN). 2012. Universal Periodic Review. "Recommendations and Pledges. Antigua and Barbuda. First Review. Session 12." [Accessed 13 Dec. 2013]

_____. 2011. Human Settlements Programme (HABITAT). "Antigua and Barbuda: National Urban Profile." [Accessed 6 Jan. 2013]

United States (US). 19 April 2013. Department of State. "Antigua and Barbuda." Country Reports on Human Rights Practices for 2011. [Accessed 2 Jan. 2013]

Additional Sources Consulted

Oral sources: Attempts to contact the Ombudsman of Antigua and Barbuda and a human rights lawyer were unsuccessful within the time constraints of this Response.

Internet sites, including: Antigua and Barbuda - Antigua and Barbuda Royal Police Force, Ombudsman; Caribbean News Now; ecoi.net; Factiva; Human Rights Watch; International Gay and Lesbian Human Rights Commission; United Nations - Human Rights Council, Refworld.