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TRINIDAD and TOBAGO

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Homosexuality
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Asylum, Immigration, Refugees Legislation/Cases/References
1.

National

GLBTI persons may not lawfully enter Trinidad and Tobago [R1.1]


Immigration Act. Chapter 18.01. Part I [L1.1]

Section 8. Prohibited Classes

(1) Except as provided in subsection (2), entry into Trinidad and Tobago of the persons described in this subsection, other than citizens and, subject to section 7(2), residents, is prohibited, namely –

[…]

(e) prostitutes, homosexuals or persons living on the earnings of prostitutes or homosexuals, or persons reasonably suspected as coming to Trinidad and Tobago for these or any other immoral purposes;

2.

Courts & Tribunals

n 12 May 2016, it was reported that the Caribbean Court of Justice (CCJ) had dismissed an application in its original jurisdiction by Jamaican Maurice Tomlinson against the immigration laws of Belize and Trinidad and Tobago. Tomlinson alleged that the existence of laws purporting to deny homosexuals and prostitutes entry discriminated against him under the Revised Treaty of Chaguaramas; however the court found that he had no valid reason to assume his rights would not be respected under either state's law, since he had provided no evidence of same [C2.4], [R2.3].

On 08 May 2014, the Caribbean Court of Justice (CCJ) granted Jamaican Maurice Tomlinson special leave to commence proceedings within 7 days against Trinidad and Tobago and Belize after he claimed that their existing legislations impinged upon his right to free movement, the immigration acts of Trinidad and Tobago and Belize preventing homosexuals from entering [C2.2], [R2.1].

L1.1 Ministry of Legal Affairs: Immigration Act. Chapter 18:01 PDF 859.91kb, 08 OCT 04 (Accessed 13 NOV 10)
R1.1 ILGA: State-Sponsored Homophobia PDF 700.06kb, page 54, MAY 09
C2.4 Judgment: Maurice Tomlinson v. The State of Belize and Trinidad & Tobago [2014] CCJ1 (OJ) PDF 484.31kb 10JUN 16
R2.3 BelizeNews: CCJ dismisses Maurice Tomlinson immigration case 10 JUN 16
C2.2 Judgment: Maurice Tomlinson v The State of Belize & The State of Trinidad & Tobago CCJ Application Nos. OA 1 & 2 of 2013 PDF 135.73kb, 08 MAY 14
R2.1 JamaicaObserver: CCJ grants Jamaican homosexual leave to challenge legislation in T&T and Belize 08 MAY 14
Civil Unions, Partners: Domestic, Registered Legislation/Cases/References
1.

National

In February 2011, Senators debated about recognition of same-sex unions when some objected to the fact that same-sex couples were excluded from proposed amendments to a law that pays a month's salary to the next of kin of a civil servant who passes away [R1.1].

R1.1 Bay Windows: Trinidad and Tobago debates same-sex unions 28 FEB 11

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Discrimination Legislation/Cases/References
1.

National

On 14 August 2012, in a private letter to gay rights campaigner Lance Price, which was obtained by the T&T Guardian, Prime Minister Kamla Persad-Bissessar promised to end discrimination against the lesbian, gay, bisexual and transgender (LGBT) community in the proposed national gender policy [R1.1].

R1.1 GayStarNews: Trinidad and Tobago PM says she will end gay hate 18 DEC 12
Gender Identity, Intersex,
Transgender, Transexual

[?]
Legislation/Cases/References
1.

Courts & Tribunals

On 05 March 2001, the government agree to a court order to pay a transsexual woman $4,762 in damages for an unlawful arrest and illegal conduct by police officers who were eager to search her [R1.1].

R1.1 The Advocate: Trinidad Transsexual Wins Damages for False Arrest 08 MAR 01
Homosexuality, Sodomy Legislation/Cases/References
1.

National

Consensual sex between same-sex couples is unlawful [R1.1].


Sexual Offences Act. Chapter 11:28 [L1.1]

Part I. Offences and the Prosecution and Punishment of Offences

Section 13. Buggery

(1) A person who commits buggery is guilty of an offence and is liable on conviction to imprisonment —

(a) if committed by an adult on a minor, for life;
(b) if committed by an adult on another adult, for twenty-five years;
(c) if committed by a minor, for five years.

(2) In this section "buggery" means sexual intercourse per anum by a male person with a male person or by a male person with a female person.

Section 16. Serious Indecency

(1) A person who commits an act of serious indecency on or towards another is guilty of an offence and is liable on conviction to imprisonment —

(a) if committed on or towards a minor under sixteen years of age for ten years for a first offence and to imprisonment for fifteen years for a subsequent offence;
(b) if committed on or towards a person sixteen years of age or more for five years.

(2) Subsection (1) does not apply to an act of serious indecency committed in private between —

(a) a husband and his wife; or
(b) a male person and a female person each of whom is sixteen years of age or more, both of whom consent to the commission of the act.

(3) An act of "serious indecency" is an act, other than sexual intercourse (whether natural or unnatural), by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire.

L1.1 Ministry of Legal Affairs: Sexual Offences. Chapter 11:28 PDF 261.13kb, JUL 10 (Accessed 13 NOV 10)
R1.1 ILGA: State-Sponsored Homophobia PDF 700.06kb, pages 42–43, MAY 09

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