Stakeholder Submission on Lesbian, Gay, Bisexual and Transgender (LGBT) Rights in Dominica th For the !

Session o" the #ni$ersal %eriodic Re$ie& '(ril )*ay +, 1. This report is submitted by Minority Rights Dominica (MiRiDom) 1 and the Sexual Rights Initiative and outlines the current situation !or "#$T people in Dominica in relation to its international obligations as %ell as its national la%s& policies and practices. The purpose o! this submission is to encourage the leadership in the Dominican government to ta'e concrete steps to improve the environment !or the "#$T populations in Dominica. .ntroduction . (aving gained independence in 1)*+& Dominica has a %ritten ,onstitution %hich is superior to all other la%s including international la%.- International la% is not directly applicable in domestic courts and as such international treaties must !irst be incorporated through an .ct o! /arliament be!ore being en!orceable by local courts. 0 Dominica has a population o! 1+&1-2. There is no survey data in Dominica !or the total population o! "#$T people. -. In March o! 311 Dominica signed onto a non binding 4oint statement 56nding acts o! violence and related human rights violations based on sexual orientation and gender identity7 to be presented be!ore the 8nited 9ations #eneral .ssembly. Signatories to the statement expressed 5concern at continued evidence in every region o! acts o! violence and related human rights violations based on sexual orientation and gender identity brought to the ,ouncil:s attention by Special /rocedures since that time ( 331)& including 'illings& rape& torture and criminal sanctions7. 0. (o%ever& although "#$T individuals su!!er !rom particular vulnerabilities such as high rates o! (I; in!ection& abuse and discrimination& the #overnment o! Dominica has not implemented any measure to cater to their speci!ic needs denying them the !ully en4oyment o! their human rights as citi<ens.
1

Minority Rights Dominica is an organi<ation that campaigns !or the rights o! "#$T people and other minorities in Dominica. 2 The Sexual Rights Initiative is a coalition o! organi<ations comprised o! .ction ,anada !or /opulation and Development (.,/D)& .'ahat= > 6?uipo de Traba4o en Sexualidades y #@neros& ,oalition !or .!rican "esbians& ,reating Resources !or 6mpo%erment in .ction (,R6.A India)& 6gyptian Initiative !or /ersonal Rights (6I/R) and Bederation !or Comen and Bamily /lanning (/oland). 3 Attorney General of Barbados v Jeffrey Joseph and Lennox Ricardo Boyce ,,D .ppeal 9o ,; o! 332 para 22A Lennox Boyce and Jeffrey Joseph v The Queen E 330F 8G/, - para 2. 4 Ibid.

Rights to /0ual %rotection be"ore the La& 2. 6?uality is a!!irmed in the preamble to the ,onstitution o! Dominica. .dditionally& section 1-(1) prohibits la%s that are discriminatory either directly or in e!!ect %hile section 1-( ) !orbids the discriminatory treatment o! individuals by any other 5person or authority7. The ,onstitution expressly proscribes discrimination on the basis o! 5sex& race& place o! origin& political opinions& colour or creed7. (o%ever& ,aribbean courts have treated this provision as a closed list and have been reluctant to extend the list in order to recognise other categories o! discrimination such as gender& sexual orientation or gender identity.2 Buggery La&s in Dominica 1. The Sexual H!!ences .ct1 de!ines 5sexual intercourse per anum by a male person %ith a male person or by a male person %ith a !emale person7* as buggery and covers all !orms o! sexual intercourse per anum. 8nder its section 11& it is punishable by a term o! 13 years imprisonment %hen committed by adults& 2 years %hen committed by an adult on a minor and 2 years %hen committed by a minor. .dditionally& the ,ourt has discretionary po%ers to order that a person convicted o! buggery be admitted to a psychiatric hospital !or treatment. *. It must be highlighted that section 11 does not distinguish bet%een consensual and nonIconsensual anal sex and that it regards persons %ho pre!er this !orm o! sexual expression as having a mental disease. H!!ences such as rape+& sexual intercourse %ith a person under !ourteen) and sexual intercourse %ith a person bet%een !ourteen and sixteen&13 are de!ined using the phrase Jsexual intercourse:. Section ( ) states that 5Bor the purpose o! this .ct& sexual intercourse shall be deemed complete upon proo! o! penetration o! the vagina& to any extent& by the penis.7 This subsection has been treated as a de!inition o! 5sexual intercourse7& %hich prevents persons accused o! nonI consensual sexual intercourse per anum !rom being charged %ith rape or o!!ences prohibiting sexual intercourse %ith a minor. +. .dditionally the Sexual H!!ences .ct 1))+ creates an o!!ence o! gross indecency (section 10)& %hich& !or the !irst time& criminalises sexual acts bet%een !emales as %ell as bet%een males. #ross indecency is de!ined broadly in section 10(0) as 5an act other than sexual intercourse (%hether natural or unnatural) by a person involving the use o! the genital organs !or the purpose o! arousing or
5 6

9eilsen v $ar'er (1)+ ) - CIR 20. .ct 9o 1 o! 1))+. 7 Sec 11(-). 8 Sec -. 9 Sec *. 10 Sec +.

grati!ying sexual desire.7 . person %ho commits such an act is liable to !ive years imprisonment on conviction. The only de!ence provided in the section is that the act o! gross indecency %as committed in private bet%een an adult male person and a !emale person& both o! %hom consented. There!ore same sex sexual acts are punishable by imprisonment under the Sexual H!!ences .ct o! Dominica. Recommendations The government o! Dominica shouldK ). Repeal those legal provisions on sexual o!!ences %hich criminali<e sexual relations bet%een consenting adults o! the same sex and decriminali<e sexual activities bet%een consenting adults o! the same sex immediately. 13. Ta'e all necessary measures to enact ne% legislation in order to protect and guarantee the en4oyment o! !undamental human rights to "#$T people in all the spheres o! their lives& according to international standards Rights to *arry and /stablish Family 11. In addition to la%s criminalising sexual activities bet%een same sexI couples& Dominica does not recognise stable civil unions bet%een sameIsex couples& and there are la%s that deprive unmarried same sex couples o! same bene!its a%arded to persons in opposite sex relationships& even i! unmarried. This circumstance prevent !or sameI sex couples en4oying a %hole range o! marriage bene!its and rights. 1 . .lthough nothing in the Marriage .ct ,ap -2K31 speci!ically denies homosexuals the right to marry& the !act that its sections are phrased in heterosexual terms. 1-. Dominica does not recognise stable civil unions bet%een homosexuals& and although nothing in the Marriage .ct ,ap -2K31 speci!ically denies homosexuals the right to marry& the !act that its sections are phrased in heterosexual terms. Recommendations The government o! Dominica shouldK 10. .mend the Marriage .ct allo%ing sameIsex marriage or domestic partnerships la%s in Dominica in order to protect the rights to marry and to !ound !amilies !or "#$T people. Right o" Freedom o" /x(ression and 'ssociation 12. $ecause o! existing criminal la%s above mentioned& many "#$T persons choose not to express their orientation and are !orced by

social pressures to disguise their orientation by entering into relationships %ith members o! the opposite sex. This causes signi!icant mental and physical distress that is not being addressed by the health and social services due to the discriminatory la%s. 11. There are a !e% cross dressers living in Dominica %ho %ere born male but dress regularly as !emales and vice versa. Male cross dresses are re!erred to %ith the su!!ix 5maco7 attached to the end o! his name& li'e a surname. This is a derogatory term used to re!er to an e!!eminate man. These cross dressers o!ten su!!er abuse. ,rossI dressing has traditionally been accepted as a source o! entertainment during the carnival celebrations %hen men dress as %omen and %omen as men.11 1*. .dditionally& "#$T human rights de!ender groups in Dominica are !orced to operate underground because o! !ear that their members %ill be victimised. Those %ho are openly gay complain o! acts o! physical abuse& and are o!ten victims o! vandalism committed against their positions& as %ell as being e4ected !rom house and home. Reports made to the police are not ta'en seriously and the victims are sometimes ridiculed. Through the systematic encouragement o! discrimination on the basis o! sexual orientation& the State has deprived individuals o! their right to !reedom o! expression and !reedom o! association. Recommendations The government o! Dominica shouldK 1+. 6stablish antiIdiscrimination la%s and regulations to ensure that "#$T individuals and other populations& such as people living %ith (I;& en4oy e?ual rights. 1). Implement policies to address the needs o! "#$T people living in the Dominican community Ili'e a gender policy and an employment policyI in terms o! e?uality and !ollo%ing the international standards. 3. 6nsure that legal assistance and psychological support are provided to "#$T individuals& %ho have encountered stigma& discrimination and various types o! bullying. 1. 6nsure training !or the la% en!orcement o!!icers to be sensiti<ed to the !act that "#$T people are to be treated %ith dignity and are due their e?ual rights. . 8nderta'e an investigation on the status o! the "#$T community in Dominica& to assess their situation in relation to !undamental human rights and to improve& %here necessary& their current situation on the islandA bringing together "#$T organi<ations and 9#Hs.
11

(onychurch& "ennox& Our Island

ulture (Dominica 9ational ,ultural ,ouncil 1)++) 1+

-. 6stablish policies and regulations !or "#$T rights de!ender groups and 9#Hs that protect them !rom discrimination and persecution Right to 1ealth 0. .ccording to article 1 o! the I,6S,R& the state parties should recogni<e and protect everyone:s right to health. (o%ever& the current policy !rame%or' cannot !ully guarantee the rights o! health to "#$T people. 2. The State has not implemented any (I;L.IDS prevention programme speci!ically aimed at men %ho have sex %ith men despite the .IDS epidemic plaguing the ,aribbean. Discrimination only serves to exclude individuals and promote ris'y behaviour 1 . Research sho%s that men %ho have sex %ith men are more li'ely to contract (I; than any other group1-.

Recommendations The government o! Dominica shouldK 1. Develop a sexual health programme educating men %ho have sex %ith men on %ays in %hich they can protect themselves !rom contracting (I; and others STDs. *. 6nsure the en4oyment o! the right to health to "#$T people by enacting ade?uate legislation and by the implementation o! a national health plan ta'ing care o! all the health needs o! this community +. Implement strategies and programs to change health care providersM attitudes to%ard men %ho have sex %ith men and "#$T patients& especially in public health centres& and to train them in non discrimination s'ills.

12

Toonen v! Australia" ,ommunication no. 0++L1)) & 8.9. Doc ,,/RL,L23LDL0++L1)) (1))0). JMore on .IDS& (omosexuality and the $uggery "a% in Dominica:& #o$inica %ee&ly (December 1*th 33+) httpKLL%%%.dominicaI%ee'ly.comLNsOdrPcarissaPeitienne .ccessed .ugust 1+th 313.
13