Trinidad and Tobago: Situation and treatment of sexual minorities; state protection and support services; whether Sections 13 and 16 of the Sexual Offences Act and Section 8(1)(e) of the Immigration Act are enforced (2011-July 2015)

1. Situation and Treatment of Sexual Minorities in Trinidad and Tobago

1.1 Overview

According to the Sexual Offences Act, homosexual intercourse is illegal in Trinidad and Tobago (Trinidad and Tobago 1986, Sec. 13). Sources similarly state that same-sex sexual activity is illegal in the country (ILGA May 2015, 92; US 25 June 2015, 18). According to sources, homosexuals are prohibited from entering Trinidad and Tobago under immigration laws (ibid.; Trinidad and Tobago 1969, Sec. 8(1)(e); ILGA May 2015, 122).

Sources indicate that homophobia is still present (GlobalGayz 28 Aug. 2012; Outlish 18 July 2011), particularly outside of urban areas (GlobalGayz 28 Aug. 2012).

According to a 2012 article by GlobalGayz, a travel and culture website about LGBT life in countries around the world (ibid. n.d.), Gay Pride had been celebrated in Trinidad and Tobago for almost 20 years; however the celebrations were "neither outdoors nor public," so they did not look like festivals (ibid. 28 Aug. 2012). According to the same source, "[t]here are numerous gay events within Carnival masquerade but they are not publicly advertised" (ibid.).

According to sources, gay bars and clubs exist in Trinidad and Tobago (ibid.; Caribbean Vulnerable Communities n.d.). GlobalGayz reported in 2012 that "at any one time there may be more than one gay club but there has never been more than four operating in the entire country" (28 Aug. 2012).

According to Trinidad and Tobago newspaper Daily Express (CCN n.d.), LGBT organizations have held protests in the capital city of Port of Spain (10 May 2012).

According to a survey on societal attitudes towards LGBT people conducted in 2013 by the Caribbean Development Research Services (CADRES), which was funded by the UK Foreign and Commonwealth Office, approximately 64 percent of Trinbagonians [residents of Trinidad and Tobago] "tolerate" or "accept" homosexuals; 75 percent of respondents believe that violence against gays or sexual minorities constitutes discrimination; and 85 percent of respondents are opposed to discrimination on the basis of sexual orientation (CADRES May 2013). The Trinidad and Tobago Guardian reports that the survey was based on interviews with 1,080 randomly selected men and women from all over the country, but that "a full report explaining the methodology and limitations of the survey was unavailable to the media" (17 May 2013). According to the Asociacion International de Lesbianas, Gays, Bisexualies, Trans e Intersex para America Latina y el Caribe (ILGALAC), a similar survey commissioned by UNAIDS in 2013 stated that 56 percent of Trinbagonians describe themselves as either accepting or tolerant of homosexuals, 64 percent said violence against sexual minorities is discrimination, and 78 percent said that it is not acceptable for people to be treated differently on the basis of sexual orientation (ILGA n.d.). The survey was "based on 1,176 face to face interviews conducted in Trinidad and Tobago in October 2013 with randomly-selected adults across 29 locations" (ibid.).

1.2 Discrimination

Sources report that sexual minorities face discrimination in employment (Daily Express 30 Dec. 2011; Trinidad and Tobago Guardian 12 Feb. 2014; CAISO 13 July 2013). Sources also report that sexual minorities face discrimination in education (ibid.; The Silver Lining Foundation [May 2015]). In correspondence with the Research Directorate, the Executive Director of the Coalition for Inclusion of Sexual Orientation (CAISO), a network of individuals and groups in Trinidad and Tobago who attempt to mobilize resources within their communities and advocate for LGBT rights (CAISO 2010), stated that sexual minorities also experience discrimination in housing and that CAISO has received reports of this type of discrimination (ibid. 13 July 2015).

In submissions to the Trinidad and Tobago Constitution Reform Commission in 2013, CAISO and the Silver Lining Foundation [1] outlined cases of homophobic discrimination of youth within the education system (CAISO and the Silver Lining Foundation 25 Apr. 2013, 4). Cases included LGBT youth being subjected to name-calling and verbal abuse by schoolmates; teacher-led gossiping or bullying ; physical assaults by stoning; suggested "reparative therapy" by school officials to boys exhibiting "homosexual tendencies" ; and "a daily pattern of harassment from schoolmates" (ibid, 5, 6, 8).

Sources also report that youth are rejected by their families and forced to leave their homes because of their sexual orientation (Newsday 27 Nov. 2014; New Ways Ministry n.d.; The Silver Lining Foundation 26 Sept. 2014).

1.3 Incidents of Violence

According to sources, sexual minorities have been victims of violence in Trinidad and Tobago (Freedom House 2014; Trinidad and Tobago Guardian 12 Feb. 2014; AI 25 Feb. 2015, 369-370). Sources indicate that the country's Constitution Reform Commission acknowledged that there is a "high level of violence and abuse" against LGBT people (ibid.; Trinidad and Tobago Guardian 12 Feb. 2014). According to the Silver Lining Foundation, LGBT people have faced bullying, physical assaults, verbal assaults and abuse in their homes, schools and by the general public in Trinidad and Tobago (26 Sept. 2014).

Sources report that an openly gay 26 year-old man was stabbed several times in June 2014 by a group of men (Trinidad and Tobago Guardian 26 June 2014; Bubblews 25 June 2014; US 25 June 2015, 19). The US Department of State's Country Reports on Human Rights Practices for 2014 reports that media identified the attack as a hate crime (ibid.).

Daily Express quoted a representative of CAISO in 2011 as reporting that a young LGBT man was severely beaten by his family and that LGBT men have also been "gang-raped" (30 Dec. 2011).

According to International Business Times, a digital global news publication that covers business, economic, political and technological issues (International Business Times n.d.), Trinidad and Tobago "does not have a history of public violence against homosexuals" (ibid. 9 Aug. 2013). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Further information on public violence against homosexuals in Trinidad and Tobago could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Legislation

Section 13 of the Sexual Offences Act states the following:

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

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

if committed by an adult on another adult, for twenty-five years;

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. (Trinidad and Tobago 1986, Sec.13)

Section 16 of the Act states the following:

16. (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 -

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;

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 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. (ibid., Sec. 16)

Section 8(1)(e) of the Immigration Act states the following:

8. (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) 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. (ibid. 1969, Sec. 8(1)(e))

2.1 Implementation of Legislation

Sources report that the law criminalizing same-sex sexual activity is generally not enforced (The Independent 17 Mar. 2015; CAISO 3 July 2015; US 25 June 2015, 18), except in instances such as rape (ibid.). The Executive Director of CAISO noted that they "cannot identify any prosecutions for private consensual sodomy in decades" (CAISO 3 July 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate that the immigration law provisions prohibiting the entry of homosexuals into Trinidad and Tobago are also generally not enforced (The Independent 17 Mar. 2015; US 25 June 2015, 18). Country Reports 2014 notes that the law was not enforced during 2014 (ibid.). The Independent similarly notes that the law is "often unenforced" (The Independent 17 Mar. 2015).

Sources report that Maurice Tomlinson, a gay rights activist from Jamaica, filed a lawsuit with the Caribbean Court of Justice against Trinidad and Tobago and Belize, challenging the countries' immigration laws that prohibit the entry of homosexuals into the country (ibid. 22 June 2015; Gay Star News 19 Mar. 2015; AP 18 Mar. 2015). According to the Associated Press (AP), Tomlinson argues that Trinidad and Tobago's immigration legislation is discriminatory and violates his freedom of movement rights within the region (ibid.).

The Associated Press (AP) reports that state authorities testified in March 2015 that the immigration law provisions that prohibit homosexuals from entering Trinidad and Tobago are "unenforced" due to "unwritten policies" (ibid.). Sources report that Trinidad's acting immigration chief, Gerry Downes, testified that immigration officials do not inquire into the sexual orientation of an individual when applying to enter the country (ibid; Gay Star News 19 Mar. 2015). According to Gay Star News, an international LGBT news, entertainment and travel site, Tomlinson argued that the application of the law remains at the "discretion of the immigration officer" (ibid.).

3. State Protection for Sexual Minorities

Amnesty International (AI) reports on the failure of Trinidad and Tobago to confront the issue of violence against LGBTI people and refers to the Constitution Reform Commission's failure to produce recommendations on achieving equality and preventing discrimination, despite acknowledging the high level of violence and abuse against LGBTI people in the country (AI 25 Feb. 2015, 369-370).

A Trinidad and Tobago Guardian article reports that a draft report published by the Constitution Reform Commission on 30 January 2014 fails to address "rights and legal protection" for the LGBT community (Trinidad and Tobago Guardian 12 Feb. 2014). The article notes that the issue was raised by "several stakeholders" during public consultations, including LGBT activists, "churchgoers and ordinary members of the public" (ibid.). According to the article, while the draft report contained "proposals" that "persons should not be fired from their jobs or excluded from employment because of their sexual orientation," the report "stops well short of enshrining full constitutional protection to the gay community, despite demonstrating awareness of the seriousness of the discrimination" (ibid.).

According to sources, the Equal Opportunity Act protects against discrimination in the areas of education, employment, housing and access to goods and service but does not extend protection to sexual minorities (CAISO 3 July 2015; US 25 June 2015, 18; Trinidad and Tobago 2000, Sec. 3-6). Section 5 of the Act states that the law provides protection from discrimination on the basis of a person's status, however, Section 3 of the Act states that gender ("sex") "does not include sexual preference or orientation" (ibid., Sec. 3, 5).

Sources indicate that Prime Minister Kamla Persad-Bissessar stated that it would not be possible to decriminalize homosexuality or grant rights to LGBT people because public opinion is too divided on the issue (Gay Star News 29 Sept. 2014; Pink News 26 Sept. 2014). The CAISO Executive Director stated that

[p]rotection for sexual orientation exists explicitly in law or state policy only in two areas: extradition requests (Extradition (Foreign & Commonwealth [Territories]) [Act], as amended in 2004); and privacy of data about sexual orientation collected (Data Protection Act provisions which took effect in 2012). Benefits and protections provided to unmarried partners in four laws related to death benefits, domestic violence, estates, maintenance and property are limited to partners of the opposite sex … (CAISO 3 July 2015)

With regard to protection by the judiciary, the CAISO Executive Director stated that proposed non-discrimination guidelines that would include sexual orientation were announced by the judiciary, but that "they do not appear to have been implemented" (ibid.). Corroborating and further information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Executive Director of CAISO stated that records of enforcement of the provisions against same-sex sexual activity, including arrests, prosecutions and sentences, are "not easily available," but noted that CAISO has documented "arbitrary arrests and harassment of gay and transgender persons" by the police (ibid.). The source explained that LGBT victims have been subjected to "extreme reluctance or hostility by police, including name-calling" (ibid.). Other sources report that sexual minorities who have been victims of violence are hesitant to report incidents to police out of fear of negative response by police and court officials, such as harassment (US 25 June 2015, 19) or ridicule (Daily Express 30 Dec. 2011).

4. Support Services Available to Sexual Minorities

Sources indicate that there are active LGBT rights NGOs in Trinidad and Tobago (LGBT Alliance Trinidad n.d.; CAISO 2010; The Silver Lining Foundation n.d.). The Silver Lining Foundation is a youth-led LGBT organization (ibid.). According to the Trinidad and Tobago Guardian, CAISO is a local advocacy group that seeks to promote recognition of the gay community in the government's legislative agenda (Trinidad and Tobago Guardian 22 July 2013). CAISO also works with religious leaders to "develop a theology of inclusion"; raises awareness about crimes against LGBT that have gone unprosecuted; and promotes awareness of LGBT in the culture and history of the country (CAISO 2010).

LGBT Alliance Trinidad is a non-profit organization that serves the gay community in Trinidad and Tobago, including providing counselling (LGBT Alliance Trinidad n.d.a) and legal advice (ibid. n.d.b).

According to GlobalGayz, the Women's Caucus is a non-political organization that provides gay women with a space to express themselves outside of the nightclub environment (GlobalGayz 28 Aug. 2012). The organization aims to assist women in the LGBT community by hosting gatherings and using proceeds to assist the needy in their community (ibid.).

According to sources, there are youth shelters in Trinidad and Tobago that welcome sexual minorities (Newsday 27 Nov. 2014; New Ways Ministry n.d.). Four such shelters are run by the Holy Faith Sisters (ibid.; Newsday 27 Nov. 2014; Credo Foundation for Justice n.d.), through the Credo Foundation for Justice, "whose purpose is to protect children, and reduce the number of those who are socially displaced and abused" (ibid.). According to the Archbishop of the Catholic Church in Trinidad and Tobago, the shelters are "'open to any boy or girl we feel [we] are equipped to help, irrespective of race, religion or sexual orientation'" (New Ways Ministry n.d.). Trinidad and Tobago newspaper Newsday indicates that the four shelters are the Credo Centre at Nelson Street, the Aylward House Transitional Facility in Gonzales, Sophia House at Park Street, Port-of-Spain, and Ruah, a "transitional facility for girls in Belmont" (27 Nov. 2014).

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.

Note

[1] The Silver Lining Foundation is a youth-led NGO that serves marginalized youths and focuses on bullying and discrimination, with specific regard to LGBT issues (The Silver Lining Foundation n.d.).

References

Amnesty International (AI). 25 February 2015. "Trinidad and Tobago." Amnesty International Report 2014/2015: The State of the World's Human Rights. (POL 10/0001/2015) [Accessed 23 June 2015]

Associated Press (AP). 18 March 2015. David McFadden. "Caribbean Court Hears Activist's Challenge of Anti-Gay Laws in Belize, Trinidad and Tobago." [Accessed 22 June 2015]

Bubblews. 25 June 2014. "Trinidad and Tobago Gay Ambush." Bubblews Blog. [Accessed 13 July 2015]

Caribbean Communications Network Limited (CCN). N.d. "Newspaper Advertising." [Accessed 26 July 2015]

Caribbean Development Research Services (CADRES). May 2013. "Survey of Attitudes Toward Homosexuals in Trinidad and Tobago (2013)." Press Summary. [Accessed 2 July 2015]

Caribbean Vulnerable Communities. N.d. "MSM." [Accessed 24 July 2015]

Coalition Advocating for the Inclusion of Sexual Orientation (CAISO). 13 July 2015. Correspondence from the Executive Director to the Research Directorate.

_____. 3 July 2015. Correspondence from the Executive Director to the Research Directorate.

_____. 2010. CAISO Informational Brochure 2010. [Accessed 2 July 2015]

Coalition Advocating for the Inclusion of Sexual Orientation (CAISO) and the Silver Lining Foundation. 25 April 2013. Letter to Constitution Reform Commission, Trinidad and Tobago. Sent to the Research Directorate by the Executive Director, 13 July 2015.

Credo Foundation for Justice. N.d. "About Us." [Accessed 21 July 2015]

Daily Express. 10 May 2012. "Transgender Groups March Today." [Accessed 7 July 2015]

_____. 30 December 2011. "Is Being Gay … Grounds for Discrimination?" [Accessed 20 July 2015]

Freedom House. 2014. "Trinidad and Tobago." Freedom in the World 2014. [Accessed 20 June 2015]

Gay Star News. 19 March 2015. Darren Wee. "Landmark Case Challenges Anti-gay Laws in Belize and Trinidad and Tobago." [Accessed 19 June 2015]

_____. 29 September 2014. Darren Wee. "Trinidad and Tobago Prime Minister: Gay Rights 'Not Legally Possible.'" [Accessed 2 July 2015]

GlobalGayz. 28 August 2012. "Gay Life in Trinidad & Tobago." [Accessed 24 June 2015]

_____. N.d. "Home." [Accessed 29 June 2015]

The Independent. 17 March 2015. Chris Godfrey. "Landmark Gay Rights Case Will Challenge Homophobic Laws in Trinidad & Tobago and Belize." [Accessed 19 June 2015]

International Business Times. 9 August 2013. Zoe Mintz. "Homophobia in the Caribbean: Anti-sodomy Laws and Persecution, Being Gay is No Fun in the Islands." [Accessed 2 July 2015]

_____. N.d. "About Us." [Accessed 6 August 2015]

International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA). May 2015. Aengus Carroll and Lucas Paoli Itaborahy. "Trinidad and Tobago." State Sponsored Homophobia. A World Survey of Laws: Criminalisation, Protection and Recognition of Same-Sex Love. [Accessed 29 June 2015]

_____. N.d. Asociacion International de Lesbianas, Gays, Bisexualies, Trans e Intersex para America Latina y el Caribe (ILGALAC). "UNAIDS Survey Finds 78% Disagree with Discriminating Against Gays in Trinidad and Tobago." [Accessed 11 Aug. 2015]

LGBT Alliance Trinidad. N.d.a. "Life Coaching." [Accessed 23 June 2015]

_____. N.d.b. "Legal Services." [Accessed 23 June 2015]

Newsday. 27 November 2014. Andre Bagoo. "At Credo, Gay Boys Are Welcome Too." [Accessed 20 July 2015]

New Ways Ministry. N.d. "Trinidad Archbishop Opens Gay-Inclusive Shelter, Calls for Families to Welcome LGBT Children." Bondings 2.0 Blog. [Accessed 20 July 2015]

Outlish. 18 July 2011. Maria O'Brien. "Gay Sub-Culture in T&T: The Social Network." [Accessed 21 July 2015]

Pink News. 26 September 2014. "Trinidad and Tobago: Prime Minister Says Gay Rights is 'Not Legally Possible.'" [Accessed 24 June 2014]

The Silver Lining Foundation. [May 2015]. "A Safe Space - Chairman's Speech." [Accessed 20 July 2015]

_____. 26 September 2014. "No More 'Playing Politics' With People's Lives." [Accessed 20 July 2015]

_____. N.d. "About Us." [Accessed 20 July 2015]

Trinidad and Tobago. 2000 (amended 2001). Equal Opportunity Act. [Accessed 7 August 2015]

_____. 1986 (amended 2000). Sexual Offences Act. [Accessed 19 June 2015]

_____. 1969 (amended 1995). Immigration Act. [Accessed 19 June 2015]

Trinidad and Tobago Guardian. 26 June 2014. Rhondor Dowlat. "Man Survives Hate Crime." [Accessed 13 July 2015]

_____. 12 February 2014. Joshua Surtees. "Gay Rights in Spotlight at Reform Forum." [Accessed 19 June 2015]

_____. 22 July 2013. Raymond Ramcharitar. "Gays Making Strides in Quest for Equality." [Accessed 7 July 2015]

_____. 17 May 2013. Yvonne Baboolal. "Gays Tolerated in T&T Says Survey." [Accessed 19 June 2015]

_____. 18 December 2012. Yvonne Baboolal. "PM Promises Rights for Gays in Gender Policy." [Accessed 19 June 2015]

United States (US). 25 June 2015. Department of State. "Trinidad and Tobago." Country Reports on Human Rights Practices for 2014. [Accessed 26 June 2015]

Additional Sources Consulted

Oral sources: The following were unable to provide information within the time constraints of this Response: Caribbean Vulnerable Communities.

Attempts to contact the following were unsuccessful within the time constraints of this Response: LGBT Alliance Tinidad; The Silver Lining Foundation; Trinidad and Tobago - Ministry of National Diversity and Social Integration, Ministry of Tourism, Police Service.

Internet sites, including: 76 Crimes; CariFLAGS; Change.org; International Day Against Homophobia, Transphobia and Biphobia; International Gay and Lesbian Human Rights Commission; International Lesbian, Gay, Bisexual, Trans and Intersex Association - Latin America and the Caribbean; International Refugee Rights Initiative; Legislationline; Trinidad and Tobago - Ministry of National Diversity and Social Integration, Ministry of Tourism, Parliament; United Nations - Human Rights Council, RefWorld, UNAIDS.

Date modified:

2015-08-13