Trinidad and Tobago: Update to TTO20988.E of 23 June 1995 and 20544.E of 8 May 1995 on treatment of gays, gay lifestyle, support groups, and enforcement of sections 13 and 16 of the Sexual Offences Act and of Section 8, paragraph 18/1 of the Immigration Act

A 2002 press release issued by the UN Committee on Elimination of Discrimination Against Women stated that "...homosexuality and lesbianism had not yet been decriminalized in Trinidad and Tobago" (UN 29 Jan. 2002). Although the Sexual Offences Act 1986 was not accessible through sources consulted by the Research Directorate, the International Lesbian and Gay Association (ILGA) refer to the Act in their on-line World Legal Survey (last updated on 23 Apr.1999):

Section 13 of the Sexual Offences Act 1986 criminalises "buggery" (anal intercourse). This Section provides a penalty of up to life imprisonment, if committed on a minor; up to 10 years' imprisonment if committed on an adult (18 years or older) by another adult; up to 5 years' imprisonment if committed by a minor on an adult. Section 16, relating to "serious indecency," provides a penalty of up to 20 years' imprisonment for homosexual acts between men and between women (ILGA 23 Apr. 1999).

The Website Gay Trinidad (last modified 1998) offers information on gay bars, gay life in Trinidad, contact information, human rights links, as well as general information on Trinidad and Tobago for locals and visitors. In the "T&T Gay Scene" section of the Website, the author states that "there have not been any charges laid (that I am aware of) for gay acts in decades" (Gay Trinidad 1998). Similarly, representatives of the Trinidad and Tobago government stated in their response to the UN Committee on the Elimination of Discrimination Against Women that "[t]here had been no recent cases of criminalization of lesbianism and homosexuality in the Sexual Offences Act" (UN 29 Jan. 2002).

The ILGA Website also states that the Immigration (Caribbean Community Skilled Nationals) Act of 1996, in Section 8, paragraph 18/1, bars homosexuals and lesbians from entering Trinidad and Tobago (23 Apr. 1999). However, in a telephone interview on 11 October 2002, the coordinator of the Network of NGO's of Trinidad and Tobago for the Advancement of Women (and former Department of Immigration employee) stated that she had never heard of a case where someone had been refused entry into the country on the basis of their sexual orientation. In a telephone interview with the Research Directorate on 17 October 2002, the Director of Gender Affairs for Trinidad and Tobago made a similar comment that, to her knowledge, this section of the Act is not enforced. Moreover, both sources mentioned that a cruise ship, reportedly carrying a tour group of gays and lesbians, had recently tried to land in Trinidad and that despite a public outcry, including references to the Immigration Act, the boat was allowed to land (TT 17 Oct. 2002, Network 11 Oct. 2002).

In their response to the UN Committee on the Elimination of Discrimination Against Women, representatives of the Trinidad and Tobago government reported that due to the gap in the law with regard to discrimination in the private sector, the government passed an Equal Opportunity Act in 2000 prohibiting discrimination (UN 29 Jan. 2002). The Act addresses discrimination based on sex, race, ethnicity, origin, religion, marital status and disability (TT 20 Oct. 2000, 948). However, it explicitly states that "'sex'" does not include sexual preference or orientation" (ibid., 947).

Gay rights advocates, including the Gay Enhancement Advocates of Trinidad and Tobago (GEATT) and Friends of Lesbians and Gays (F.L.A.G.) Trinidad and Tobago, condemned the Act for being discriminatory (F.L.A.G. Nov. 1999). Representatives of the Trinidad and Tobago government, in their response to the UN Committee on the Elimination of Discrimination Against Women, maintained that:

the fact that discrimination on the basis of sexual preference was not included in the Equal Opportunity Act did not mean that the Government condoned discrimination against lesbians and homosexuals. Homosexuality and lesbianism were sensitive issues in Trinidad and Tobago. The multi-religious population was not ready to accept those phenomena. As homosexuality and lesbianism had not yet been decriminalized in Trinidad and Tobago, the Government had decided to adopt a conservative approach and not extend the legislation to include discrimination on the grounds of sexual orientation at this time (UN 29 Jan. 2002).

According to the coordinator of the Network of NGO's, advocates will re-attempt to have sexual orientation included in the upcoming constitutional reform (11 Oct. 2002).

Several of the sources consulted by the Research Directorate suggest that there is an overall negative cultural attitude toward gays and lesbians in Trinidad and Tobago. The Gay Trinidad Website states that the "prevailing macho attitude mean[s] that a lot of gay people never actually come out" (1998). A Trinidadian member of the gay rights group Caribbean Pride claims that "there is no public voice in the community" (AP 1 May 2001). One Trinidadian transsexual asserted that "gays and transsexuals are too afraid of harassment to speak up" (ibid.). The GEATT reported that they faced a negative backlash after they introduced the concept of support groups for gays and lesbians (GEATT n.d.). Moreover, despite the fact that most of the recent HIV/AIDS cases in the Caribbean are among heterosexuals, there remains the assumption that HIV/AIDS is associated with homosexuality and "'people are brought up to think that those with HIV are immoral,'" according to a spokeswoman for the Caribbean Regional Network of People Living with HIV/AIDS (AP 30 Oct. 2001).

However, a few sources reported that there are attitudinal and legal changes occurring in Trinidad and Tobago in support of gays and lesbians. During the public debate regarding the Equal Opportunity Act, for example, F.L.A.G. noted that comments in the press "were generally favourable to the acceptance of gays" and that not all religious leaders were afraid to defend the rights of homosexuals (F.L.A.G. Nov. 1999). Moreover, one precedent-setting harassment case worth noting is that of Jowelle De Souza, a Trinidadian transsexual, who was awarded US$5,000 after being unlawfully arrested and harassed by police officers (AP 1 May 2001). An Associated Press article states that "she is the first transsexual in Trinidad to sue the state for a violation of constitutional rights" (ibid.). In her telephone interview with the Research Directorate, the coordinator of the Network of NGO's stated that in Trinidad and Tobago many people, even in the Church, are tolerant (11 Oct. 2002). She said that the general feeling was not one of open hostility (ibid.).

The Network coordinator also mentioned that she knew of at least five or six support groups for gays and lesbians. One unsuccessful attempt (phone line no longer in service) was made by the Research Directorate to speak with representatives from the GEATT.

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 to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Associated Press (AP). 1 May 2001. Angela Potter. "AP Photo NY 184." (NEXIS)

______. 30 October 2001. Angela Potter. "People Living with AIDS and HIV Say Discrimination Tops List of Concerns." (NEXIS)

Friends of Lesbians and Gays (F.L.A.G.). November 1999. Press Release: Trinidad and Tobago's Equal Opportunity Act. [Accessed 10 Oct. 2002]

Gay Enhancement Advocates of Trinidad and Tobago. n.d. [Accessed 10 Oct. 2002]

Gay Trinidad. 1998. [Accessed 10 Oct. 2002]

International Lesbian and Gay Association (ILGA). 23 April 1999. "World Legal Survey." [Accessed 4 Oct. 2002]

Network of NGO's of Trinidad and Tobago for the Advancement of Women (Network).

11 October 2002. Telephone interview with the coordinator.

Trinidad and Tobago (TT). Community Development and Gender Affairs. 17 October 2002. Telephone interview with the Director of Gender Affairs.

______. 20 October 2000. Equal Opportunity Act, No. 6.

[Accessed 10 Oct. 2002]

United Nations. 29 January 2002. Committee on Elimination of Discrimination Against Women. Press Release WOM/1316. "Committee on Elimination of Discrimination Against Women Concludes Consideration of Trinidad and Tobago Report." [Accessed 16 Oct. 2002]

Additional Sources Consulted

IRB Databases

LEXIS/NEXIS

World News Connection (WNC)

Unsuccessful attempts were made to contact an oral source.

Internet sites, including:

Amnesty International (AI)

Human Rights Watch (HRW)

Rasadam: Human Rights in Trinidad and Tobago