Homosexuality in Trinidad and Tobago

Geographical location of Trinidad and Tobago

Homosexual acts have been legal in Trinidad and Tobago for both men and women since April 2018. The law against homosexuals was renewed in 2000 and is supported by large parts of the population, but in April 2018 the Constitutional Court of Trinidad and Tobago lifted the criminal liability in a high-court landmark judgment. Despite slowly growing acceptance, homophobia is still anchored in the country, which is why LGBT people hide their sexual identity in many places.

Legal situation

Same-sex couples are not recognized either through registered partnerships or same-sex marriage . Until April 2018, Trinidad and Tobago was one of the last ten countries (all Commonwealth countries ) on the double continent of America where homosexuality was still sanctioned . (Also heterosexual) anal intercourse was punished according to § 13 of the Sexual Offences Act of 1986 with a prison sentence of up to 25 years, for anal intercourse with minors with life imprisonment. Section 16 provided punishment for all other same-sex sexual acts between men, as well as between women, with imprisonment of up to five years until April 2018. Under Article 8 of the Immigration Act , foreign prostitutes, gays and lesbians are not allowed to enter the country. However, the article contradicts the Chaguaramas Treaty , which is higher in the hierarchy of legal norms , and there is no known case in which this law was applied. The criminal legislation was also generally "not enforced for many years and homosexuals are not prosecuted" even before the fundamental judgment of the Constitutional Court in April 2018. Expressly excluded from the punishment of these “acts of serious indecency” are those of married couples or men with women aged 16 and over. As of April 2018, apart from Guyana and Barbados, there was no other country in America with such draconian penalties for consensual sex. The maximum sentence for inciting murder is 10 years.

In 2008 and 2009, Trinidad and Tobago signed the Organization of American States (OAS) resolutions calling for a ban on violence based on sexual orientation or gender identity. In December 2008, however, the government refused to sign a non-binding declaration by the United Nations General Assembly on the decriminalization of homosexuality, supported by 66 states.

Social situation

In a 2009 survey (Trinidad and Tobago Newsday, April 17, 2009), 66% of respondents said they did not want to live in the neighborhood of a homosexual. A poll conducted by Gallup in December 2007 found that Trinidad and Tobago was one of the countries with the least acceptance of gays and lesbians in America. At the same time, 17% of those polled nationwide felt that the region they lived in was a good place for homosexuals. (in comparison: an average of 24% in 113 countries).

There is a gay scene in the capital, Port of Spain . In 2007 , the local Anglican Church launched a campaign against the entry of the gay pop star Elton John , but was ultimately unable to prevent his entry and participation in the Plymouth Jazz Festival on Tobago . Trinidad's first Pride Parade took place in Port of Spain in July 2018.

Individual evidence

1. ↑ Gaystarnews.com: Trinidad and Tobago's High Court decriminalizes gay sex , April 12, 2018
2. ^ Guardian, bz: Gay rights activist loses case against Belize at the CCJ. Retrieved June 19, 2020 . 
3. ↑ Queer.de: Trinidad and Tobago: Homosexuality becomes legal , April 12, 2018
4. ↑ gaytimes.co.uk: Gay Guide - Trinidad and Tobago ( Memento from June 28, 2014 in the Internet Archive )
5. ↑ ILGA : State-Sponsored Homophobia Report and Gay and Lesbian rights maps ( Memento of July 3, 2014 in the Internet Archive )
6. ^ Immigration and Refugee Board of Canada: Trinidad and Tobago: Situation of homosexuals; state protection; whether Sections 13 and 16 of the Sexual Offences Act and Paragraph 8 (1) (e) of the Immigration Act are enforced (January 2003 - July 2009). Retrieved April 15, 2018 . 
7. ↑ Jada Loutoo: Gay rights activist: Scrap anti-gay immigration laws in TT, Belize . In: Trinidad Newsday . March 18, 2015.
8. ↑ Corey Connelly: 'We are part of TT' . In: Trinidad Newsday . 28th July 2018.