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26 June 2020 HTI200283.FE
Haiti: The situation of sexual and gender minorities, including legislation, treatment by society and the authorities, state protection and support services (2018- June 2020) Research Directorate, Immigration and Refugee Board of Canada
1. Overview
Kouraj, an NGO campaigning for the rights of homosexual and transgender people in Haiti (Kouraj n.d.a), emphasizes on its website that [translation] “[t]he LGBT notion does not correspond to the Haitian reality” and that “[t]he majority of people who identify as not subscribing to the identity norm are Masisi, Madivin, Makomer or Mix” (Kouraj n.d.b, italics in original). The same source defines these terms as follows: • Masisi: this term does not refer to a homosexual of the masculine sex, but rather to [translation] “a person of the masculine sex who socially and/or sexually plays ‘the feminine role’.” • Madivin: a person [translation] “of the feminine sex who has homosexual relations, even episodically. Otherwise stated, all heterosexual persons of the feminine sex having homosexual relations would also be considered a Madivin.” • Makomer: this term refers to [translation] “a person of the masculine sex who has a radically feminine identity. Makomer in Haitian Creole is the godmother, or she who takes care of the children and plays the essential social role of the mother. One calls a person of the masculine sex Makomer if their identity is feminine.” • Mix: is a person who has homosexual and heterosexual practices. The source specifies that in most cases, people [translation] “would identify as heterosexual … The understanding of the notion of Heterosexuality is as such different than the common understanding in the West, which signifies simply being part of the norm, that is, playing a heterosexual social role and being perceived as a heterosexual” (Kouraj n.d.b, italics in original).
2. Legislation
According to a report on state homophobia published by the International Lesbian, Gay, Bisexual, Transgender and Intersex Association (ILGA World), same- sex sexual acts are legal in Haiti (ILGA World Mar. 2019, 530). The same source reports that LGBT people do not enjoy any protection provided for by the constitution, nor broad protection (legal protection against discrimination based on sexual orientation), employment protection, protection against hate crimes and incitement to hate crimes or protection from conversion therapy (ILGA World Mar. 2019, 235, 530). The same source adds that there is no legal recognition of same-sex marriages or civil unions (ILGA World Mar. 2019, 530).
ILGA further reports that adoption by same-sex parents and adoption by a parent of the same sex as the biological parent are not legally recognized (ILGA World Mar. 2019, 530). The Adoption Reform Act (Loi réformant l'adoption), enacted on 28 October 2013, states the following regarding the sexual orientation of adoptive parents:
Article 8.- Adoption may be requested jointly by a heterosexual couple who have been married for five (5) years and are not separated and of whom at least one is least thirty (30) years old. There is no age requirement for the adoption of the spouse’s or partner’s child.
Article 9.- Two persons of opposite sex living common-law for at least five (5) years when one of the partners is at least thirty (30) years old may apply to adopt. Cohabitation must be established by a certificate issued by the appropriate authorities and the consent of both spouses is necessary unless one of them is unable to express his or her wishes.
Article 10.- Applications from single persons over the age of thirty-five (35) years are accepted. The age of the single adopter may not exceed fifty (50) years. (Haiti 2013, bold in original)
Sources report that in 2017, the Haitian Senate passed two bills regarding LGBT people in Haiti (Kouraj 9 Sept. 2019; HRW 14 Jan. 2020). According to sources, the first bill makes homosexuality a reason to deny a person a certificate of good standing required as part of the hiring process (AP 14 Aug. 2018; HRW Jan. 14 2020), as well as admission to university (HRW 14 Jan. 2020). In a report on the rights of LGBTI people in Haiti, Kouraj adds that this document also allows the holder to run for elected office and to obtain immigration visas from foreign embassies (Kouraj 9 Sept. 2019, 9).
The second bill aims to ban same-sex marriage and all demonstrations promoting LGBT rights (HRW 14 Jan 2020; Kouraj 9 Sept. 2019, 9; AP 14 Aug. 2018). Sources also report that the bill provides that those who are parties to a same-sex marriage could be sentenced to three years in prison and be fined approximately 7,000 euros [approximately C$10,700] (HRW 14 Jan. 2020; Kouraj 9 Sept. 2019, 9).
In its world report published in January 2020, Human Rights Watch (HRW) notes that at time of writing, both bills were under consideration by the Chamber of Deputies (HRW 14 Jan. 2020).
3. Treatment of Sexual and Gender Minorities by Society
A number of sources report that Haitian society has a negative perception of homosexuality and sexual and gender minorities (Dunbar and Coppieters 17 June 2019; Le National 29 Nov. 2019; Skafar 26 Apr. 2018). According to the findings of a survey commissioned in 2017 by Haiti’s Ministry of Health with the support of UNAIDS and the US Centers for Disease Control and Prevention, 90 percent of the 1,089 respondents rejected the “idea of equal rights for LGBT people” and 75 percent said that Haiti should ban homosexuals from entering the country (AP 14 Aug. 2018). Ivan Skafar, a volunteer legal advisor on behalf of Lawyers Without Borders (LWB) Canada, explains that the expression of their sexuality leads LGBTI people [translation] “to certain exclusion from all facets of society, which even includes an almost immediate and total loss of their social and family relationships, and excludes them from the world of paid employment” (Skafar 26 Apr. 2018). In correspondence with the Research Directorate, a representative of Woman in Action Against Stigma and Sexual Discrimination (Femme en action contre la stigmatisation et la discrimination sexuelle, FACSDIS) explains that lesbian, bisexual and transsexual women experience discrimination, stigma and family rejection (Representative 17 June 2020). She adds that homosexual men also discriminate against lesbians because the men [translation] “think [that the women] are not subject to homophobic acts” (Representative 17 June 2020).
According to Willy Dunbar, a doctoral student in health policies and systems at the Université libre de Bruxelles, and Yves Coppieters, professor at the School of Public Health at the Université libre de Bruxelles, homosexual people, especially men who have sex with men (MSM), are stigmatized when they are HIV positive, because their condition is perceived as something that could have been prevented (Dunbar and Coppieters 17 June 2019).
In an interview with the online magazine Slate.fr, a Haitian sociologist and professor at a university in Port-au-Prince explains that homosexuality is perceived as a practice imported from outside (Slate.fr 20 Jan. 2020). Similarly, in a report on the situation of sexual and gender minorities in Haiti, US-based Public Radio International (PRI), a non-profit multi-media organization that seeks to “build knowledge and understanding of the world’s peoples, issues and events” (PRI n.d.), reports the remarks of a Haitian who maintains that Western countries want to “impose on [Haitians] women marrying women and men marrying men” (PRI 6 Feb. 2018).
Sources state that Christian religious movements have a strong influence on the negative perception of LGBT persons in Haiti (Dunbar and Coppieters 17 June 2019; AP 14 Aug. 2018; OutRight International n.d.). Other sources specify that there were many Christian evangelical groups among the organizations that came to help Haitians after the earthquake and they are believed to have contributed to the spread of Christian fundamentalism, along with “anti-LGBT” sentiment (RTÉ 22 Mar. 2019; PRI 6 Feb. 2018). Sources report that a portion of the Haitian public blamed LGBT people for the January 2010 earthquake (WPR 12 Sept. 2017; Skafar 26 Apr. 2018; Slate.fr 20 Jan. 2020).
The US Department of State's Country Reports on Human Rights Practices for 2019 for Haiti state that LGBT advocacy groups reported having less trust in government authorities in Port-au-Prince than did groups in rural areas (US 11 Mar. 2020, 23). Slate.fr notes that in the Artibonite department, where the Voodoo community is particularly active, the LGBT community is [translation] “more visible and tolerated” (Slate.fr 20 Jan. 2020). According to a mission report by the French Office for the Protection of Refugees and Stateless Persons (Office français de protection des réfugiés et apatrides, OFPRA) in Haiti in 2017, the voodoo religion [translation] “has always welcomed homosexual people” (France 2017, 65). Similarly, Slate.fr quotes sociologist Jean Renald Joseph, who explains that [translation] “the cultural practices of voodoo form a refuge for sexual minorities” (Slate.fr 20 Jan. 2020).
Sources state that LGBT people are targets of harassment and physical attacks (Skafar 26 Apr. 2018; AP 14 Aug. 2018) or experience violence (WPR 12 Sept. 2017). Kouraj reports having identified 14 cases of violence against openly LGBTIQ persons between 2016 and 2018 (Kouraj 9 Sept. 2019, 10). The source specifies that the acts of violence include battery, knife wounds and threats (Kouraj 9 Sept. 2019, 10). Le National, a Haitian daily, reports the experience of a young Haitian gay activist who explained that he had to be hospitalized for [translation] “several months” because of a “violent physical assault” motivated by his homosexuality (Le National 29 Nov. 2019). The activist added during the interview that he was fired after this assault and that his family [translation] “kicked him out of the house” (Le National 29 Nov. 2019). Likewise, Irish public broadcaster Raidió Teilifís Éireann (RTÉ) reports the case of a young LGBT woman who was attacked and raped in broad daylight by a group of men on her way to get food (RTÉ 22 Mar. 2019). According to US Country Reports 2019, in October 2019, four members of an LGBT organization suffered "significant injuries" following an assault (US 11 Mar. 2020, 23). The source adds that as a result, one of the persons attacked fled the country (US 11 Mar. 2020, 23). Similarly, the FACSDIS representative indicates that a member of the executive team was forced to leave Haiti for the Dominican Republic because of threats and acts of violence against her (Representative 17 June 2020).
A story on transgender people in Haiti published on the Haïti Liberté website, a weekly newspaper covering Haitian news, states that these people are often ignored in Haitian society, which likens them to homosexual people and that their identity is not well understood, even by other sexual and gender minority persons (Haïti Liberté 25 Apr. 2018). The source explains that, according to one advocate for human rights, the rights of LGBT people, sex workers and vulnerable women in Haiti, [translation] “'there is a lack of self-identification and vocabulary'” for transgender people and they are unaware of the steps to pursue medical and legal options (Haïti Liberté 25 Apr. 2018). The source adds that the legal transition to the gender identity assumed by a transgender person is not possible in Haiti (Haïti Liberté 25 Apr. 2018). In addition, transgender people are also subject to economic discrimination and violence (Haïti Liberté 25 Apr. 2018).
4. Treatment of Sexual and Gender Minorities by Authorities 4.1 Treatment of Sexual and Gender Minorities by Law Enforcement
Information on the treatment of sexual and gender minorities by law enforcement was scarce among the sources consulted by the Research Directorate within the time constraints of this Response. US Country Reports 2019 states that training of new officers of the Haitian National Police (Police nationale d’Haïti, HNP) includes "crimes commonly committed against the LGBTI community" (US 11 Mar. 2020, 23). The same source reports that the Sexual and Gender-Based Violence (SGBV) unit, which has satellite offices at Fort National and Delmas 33, is understaffed (US 11 Mar. 2020, 23). According to the source, the SGBV unit has assigned officers who have received training on sexual and gender-based violence in all departments (US 11 Mar. 2020, 23). The source adds that “[t]hese officers had minimal links to the SGBV unit in Port-au-Prince” (US 11 Mar. 2020, 23). The broadcaster RTÉ cites a lawyer with the NGO Bureau des Avocats Internationaux (BAI), an organization working to protect human rights in Haiti, who explains that he sees “cases where LGBT crimes have been dismissed, victims stigmatized and denied full access to justice” (RTÉ 22 Mar. 2019). US Country Reports 2019 states that LGBTI groups have reported that police and judicial authorities “were inconsistent in their willingness to document or investigate complaints LGBTI persons’ claims of abuse” (US 11 Mar. 2020, 23).
4.2 Treatment of Sexual and Gender Minorities by the Legal and Health Authorities
In a report published in 2017 on the situation of LGBT people in Haiti with regard to human rights and health, the NGO COC Nederland, an LGBT human rights organization with special consultative status with the UN (COC Nederland n.d.), indicates the following regarding the treatment of LGBT people by the justice system:
[translation]
There is a total lack of confidentiality within the civil service regarding sexual orientation and gender identity. In courtrooms, cases related to sexual orientation and gender identity are dealt with publicly and victims are most often exposed to the mockery of officials and court assistants. They are photographed in courtrooms, said [the president of Kouraj.] There are even cases in which justice is denied. (COC Nederland Apr. 2017, 9)
In a report on humanitarian needs in Haiti, the UN Office for the Coordination of Humanitarian Affairs (OCHA) notes that persons belonging to sexual and gender minorities face [translation] “barriers to access to care and support services” (UN Jan. 2019, 36).
According to Dunbar and Coppieters, only 55 percent of the 150,000 people living with HIV have access to the drugs necessary to treat their condition (Dunbar and Coppieters 17 June 2019). The authors indicate that “[h]omophobic opinions expressed by common culture result in stigma and discrimination against MSM in society, negatively affecting their participation in successful national response strategies against the [HIV] epidemic” (Dunbar and Coppieters 17 June 2019). Similarly, the Associated Press (AP) reports that according to the director of SEROvie [see section 5.1 of this Response], gay and bisexual men avoid seeking care because they fear mistreatment or disclosure of personal details (AP 14 Aug. 2018).
COC Nederland reports that some health professionals have been trained in LGBT health issues and that in these cases, LGBT individuals noted an improvement in the welcome that was reserved for them (COC Nederland Apr. 2017, 16). The same source stresses, however, that this is not the case for the entire Haitian health system: the LGBT community reports that it faces [translation] “instances in which they are denied care” (COC Nederland Apr. 2017, 16).
5. Access to Support Services
Information on support or protection services provided by the Haitian state specifically for sexual and gender minorities could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
5.1 Some NGOs Providing Support Services for Sexual and Gender Minorities
According to AP, the SEROvie foundation is an organization that has existed for over twenty years and which provides free HIV prevention and treatment services for LGBT people (AP 14 Aug. 2018). The same source notes that the foundation’s main clinic in Port-au-Prince includes an emergency shelter service for victims of anti-gay violence and harassment (AP 14 Aug. 2018). The OFPRA report also indicates that the organization has clinics in CapHaïtien, in the North department, as well as in Gonaïves in the Artibonite department (France 2017, 75). The same source adds that the organization can count on doctors and runs shelters to help victims of violence, in addition to having officers who go into the field to record cases of violence and take survivors to shelters (France 2017, 75).
According to sources, Kouraj is a prominent LGBT advocacy organization in Haiti (France 2017, 75; PRI 6 Feb. 2018). Information on the services provided by the organization could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. 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.
References Associated Press (AP). 14 August 2018. David Crary. “In Haiti, Slight Progress for LGBT Rights Is Seen as Victory.” [Accessed 16 June 2020]
COC Nederland. April 2017. Maximé Smith. “ Haïti : une analyse contextuelle de la situation des LGBT en lien avec les droits humains et la santé.” [Accessed 16 June 2020]
COC Nederland. N.d. “About COC.” [Accessed 16 June 2020]
Dunbar, Willy and Yves Coppieters. 17 June 2019. “En Haïti, la chasse aux homosexuels et victimes du VIH continue.” The Conversation. [Accessed 16 June 2020]
France. 2017. Office français de protection des réfugiés et apatrides (OFPRA) with Cour nationale du droit d'asile (CNDA). Rapport de mission en République d’Haïti du 26 mars au 7 avril 2017. [Accessed 16 June 2020]
Haiti. 2013. Loi réformant l’adoption. [Accessed 16 June 2020]
Haïti Liberté. 25 April 2018. Milo Milfort. “Transgenres haïtiens : des étrangers chez eux?” [Accessed 18 June 2020]
Human Rights Watch (HRW). 14 January 2020. “Haiti.” Rapport mondial 2020 : événements de 2019. [Accessed 16 June 2020]
International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World). March 2019. Lucas Ramón Mendos. State-Sponsored Homophobia 2019. [Accessed 16 June 2020]
Kouraj. 9 September 2019. Rapport sur la situation LGBTI en Haiti. [Accessed 16 June 2020]
Kouraj. N.d.a. “À propos de nous.” [Accessed 24 June 2020] Kouraj. N.d.b. “La communauté M.” [Accessed 16 June 2020]
Le National. 29 November 2019. David B. Gardon. “Déception et discrimination.” [Accessed 16 June 2020]
OutRight International. N.d. “Haiti.” [Accessed 16 June 2020]
Public Radio International (PRI). 6 February 2018. Amy Bracken. “Why It’s Gotten Harder for LGBT People in Haiti Since the Earthquake.” [Accessed 16 June 2020]
Public Radio International (PRI). N.d. “PRI Fact Sheet.” [Accessed 25 June 2020]
Raidió Teilifís Éireann (RTÉ). 22 March 2019. Della Kilroy. “The Struggle for LGBT Rights in Haiti.” [Accessed 16 June 2020]
Representative, Femme en action contre la stigmatisation et la discrimination sexuelle (FACSDIS). 17 June 2020. Correspondence with the Research Directorate.
Skafar, Ivan. 26 April 2018. “Kouraj face à la discrimination : un aperçu de la situation de la communauté LGBTI en Haïti.” Lawyers Without Borders (LWB) Canada, Volunteer Blog. [Accessed 16 June 2020]
Slate.fr. 20 January 2020. David Nieto. “En Haïti, l’évangélisation entrave les droits des LGBT+.” [Accessed 16 June 2020]
United Nations (UN). January 2019. Office for the Coordination of the Humanitarian Affairs (OCHA). Haïti: Aperçu des besoins humanitaires 2019. [Accessed 16 June 2020]
United States (US). 11 March 2020. Department of State. “Haiti.” Country Reports on Human Rights Practices for 2019. [Accessed 16 June 2020]
World Politics Review (WPR). 12 September 2017. “Haiti’s LGBT Rights Groups Find Their Feet Amid a Rising Tide of Animosity.” [Accessed 16 June 2020]
Additional Sources Consulted Oral sources: Institute for Justice and Democracy in Haiti; Kouraj; Madre; SEROvie.
Internet sites, including: Amnesty International; Freedom House; Haiti – Ministère de la Santé, Office de la protection du citoyen; LOOP Haïti; Madre; Le Nouvelliste; EU – European Asylum Support Office. Date modified: 2020-06-01