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St.-Vincent-And-The-Grenadines-2020 [NAME] [FIRM] [ADDRESS] [PHONE NUMBER] [FAX NUMBER] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE] __________________________________________ ) In the Matter of: ) ) File No.: A __________ __________ ) ) In removal proceedings ) __________________________________________) INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF LGBTQ INDIVIDUALS IN ST. VINCENT AND THE GRENADINES TAB SUMMARY GOVERNMENTAL SOURCES 1. (Excerpt) Government of Saint Vincent and the Grenadines, Chapter 171 Criminal Code, Act No. 23 of 1988, as amended, available at: http://www.oas.org/es/sla/dlc/mesicic/docs/mesicic5_svg_annex8.pdf • Section 146 [BUGGERY] “Any person who — o commits buggery with any other person…or o permits any person to commit buggery with him or her; is guilty of an offence and liable to imprisonment for ten years.” • Section 147 [ASSAULT WITH INTENT TO COMMIT BUGGERY] Any person who commits an assault with intent to commit buggery, is guilty of an offence and liable to imprisonment for seven years. • Section 148 [GROSS INDECENCY] TAB SUMMARY “Any person, who in public or private, commits an act of gross indecency with another person of the same sex, or procures or attempts to procure another person of the same sex to commit an act of gross indecency with him or her, is guilty of an offence and liable to imprisonment for five years.” 2. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2019 Country Reports on Human Rights Practices: Saint Vincent and the Grenadines (2020), available at: https://www.state.gov/reports/2019-country-reports-on-human-rights- practices/saint-vincent-and-the-grenadines/ • “Significant human rights issues included…the criminalization of consensual same-sex activity between men….” (p. 1) • “Consensual same-sex conduct between adults is illegal under indecency statutes, and some sexual activity between adult men is illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years’ imprisonment, and anal intercourse carries a maximum penalty of 10 years in prison…. No laws prohibit discrimination against a person based on sexual orientation or gender identity.” (p. 9) • “Laws and regulations related to employment and occupation prohibit discrimination based on sex or disability, but no laws prohibit discrimination against a person based on race, religion, political opinion, national origin, social origin, age, or language. Whether the law covers sexual orientation, gender identity, or HIV-positive status is untested in court. The government did not effectively enforce laws prohibiting employment discrimination.” (p. 11) 3. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2018 Country Reports on Human Rights Practices: Saint Vincent and the Grenadines (2018), available at: https://www.state.gov/wp-content/uploads/2019/03/SAINT-VINCENT- AND-THE-GRENADINES-2018.pdf • “Human rights issues included . the criminalization of consensual same-sex activity between men…” (p. 1) • “Consensual same-sex conduct between adults is illegal under indecency statutes, and some sexual activity between adult men is illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years’ imprisonment, and anal intercourse acts carry a maximum penalty of 10 years in prison... No laws prohibit discrimination against a person based on sexual orientation or gender identity. Anecdotal evidence suggested there was societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons,... There were two acts of violence on individuals due to their sexual orientation or gender identity. Both cases were under investigation as of October. In one case two men dressed in female clothing were chased and beaten by a crowd, all of which was captured and posted to social media. No individuals from the crowd were arrested. In the second incident, authorities suspected a man was killed TAB SUMMARY during a same-sex encounter. Police detained a suspect, who later admitted to the killing.” (p. 9-10) 4. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2017 Country Reports on Human Rights Practices: Saint Vincent and the Grenadines (2018), available at: https://www.state.gov/reports/2017-country-reports-on-human-rights- practices/saint-vincent-and-the-grenadines/ • “The most significant human rights issues included criminalization of… same-sex sexual activity... There were no reported instances during the year of the government investigating or prosecuting officials who committed abuses…” (p. 1) • “Consensual same-sex conduct between adults is illegal under indecency statutes, and some sexual activity between adult men is illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years, and anal intercourse acts carry a maximum penalty of 10 years in prison... No laws prohibit discrimination against a person based on sexual orientation or gender identity. Anecdotal evidence suggested there was societal discrimination against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons…” (p. 9) 5. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2016 Country Reports on Human Rights Practices: Saint Vincent and the Grenadines (2017), available at: https://www.state.gov/reports/2016-country-reports-on-human-rights- practices/saint-vincent-and-the-grenadines/ • “Other human rights problems included . laws that discriminate against lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons.” (p. 1) • “Consensual same-sex conduct between adults is illegal under indecency statutes, and some sexual activity between adult men is also illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years, and anal intercourse acts carry a maximum penalty of 10 years in prison... No laws prohibit discrimination against a person on the basis of sexual orientation or gender identity. Anecdotal evidence suggested there was social discrimination against LGBTI persons…” (p. 11) 6. Bureau of Democracy, Human Rights and Labor, U.S. Dep’t of State, 2015 Country Reports on Human Rights Practices: Saint Vincent and the Grenadines (2016), available at: https://2009- 2017.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm#wrapper • “Other human rights problems included . laws that discriminate against lesbian, gay, bisexual, transgender, and intersex persons.” (p. 1) TAB SUMMARY • “Consensual same-sex conduct is illegal under indecency statutes, and some sexual activity between men is also illegal under anal intercourse laws. Indecency statutes carry a maximum penalty of five years, and anal intercourse acts carry a maximum penalty of 10 years in prison... No laws prohibit discrimination against a person on the basis of sexual orientation or gender identity. Anecdotal evidence suggested there was social discrimination against lesbian, gay, bisexual, transgender, and intersex persons…” (p. 11) INTER-GOVERNMENTAL SOURCES 7. UN Human Rights Council Committee on the Rights of the Child, Concluding observations on the combined second and third periodic reports of Saint Vincent and the Grenadines, CRC/C/VCT/CO/2-3, (Mar. 13 2017), available at: https://undocs.org/CRC/C/VCT/CO/2-3 • “The Committee is also concerned at de jure and de facto discrimination against lesbian, gay and bisexual children, in particular the criminalization of consensual same-sex conduct between men under the Criminal Code (1990), which may penalize boys above 16 years of age for same-sex sexual activity. It is also concerned about the perception, reflected in policies and practices, that lesbian, gay and bisexual children have a psychosocial disorder. The Committee recommends that the State party repeal the legal provisions criminalizing same-sex conduct between males above 16 years of age, that it raise public awareness of the equality of and the importance of not discriminating against lesbian, gay and bisexual people and that it fully respect the diversity of children’s sexual orientation.” (p. 4) (emphasis in original) 8. UN Human Rights Council, Draft report of the Working Group on the Universal Periodic Review: Saint Vincent and the Grenadines, A/HRC/WG.6/25/L.2, (May 18, 2016), available at: https://www.upr- info.org/sites/default/files/document/saint_vincent_and_the_grenadines/session_25_- _may_2016/a-hrc-wg.6-25-l.2.pdf • “Australia regretted that that violence and discrimination against LGBTI persons had not been addressed appropriately.” (p. 5) • “With respect to same-sex relationships, the delegation indicated that these provisions have existed for long time and that the precepts underlying them have overwhelming public support in their Christian society, which adopts Judeo- Christian values in the Caribbean context. To conclude, there is currently no public or legislative appetite to revise any of the laws that prohibit sexual activities between consenting adults.” (p. 7) TAB SUMMARY 9. Committee on the Elimination of Discrimination Against Women, Concluding observations on the combined fourth to eighth periodic reports of Saint Vincent and the Grenadines, CEDAW/C/VCT/CO/4-8, (Jul. 28, 2015), available at: https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=CE DAW%2fC%2fVCT%2fCO%2f4-8&Lang=en • “The Committee welcomes the adoption in April 2015 of the Domestic Violence Act, which broadens the definition of domestic violence by including not only physical violence but also sexual,
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