St. Kitts-Nevis UPR SOGI references

Published: February 10, 2011

14. Saint Kitts and Nevis accepted that the criminalization of sexual relations between consenting adults under Sections 56 and 57 of the Offences against the Person Act was controversial. While it was aware of the many arguments advanced by those who would wish to see them repealed, the Government of Saint Kitts and Nevis had no mandate to do so. In fact, there was strong opposition to them being repealed. However, despite their existence on the books, there had been no known prosecution of sexual activity between consenting adults in private within recent years.

25. France deplored… France noted with satisfaction that Saint Kitts and Nevis supported the inclusion of a reference to sexual orientation in the General Assembly resolution on extra-judiciary executions but noted that current legal provisions criminalise sexual relations between consenting adults of the same sex. France made recommendations.

29. The United Kingdom of Great Britain and Northern Ireland acknowledged challenges faced by small island developing states in implementing human rights obligations and noted the request for assistance in drafting new national legislation towards this end. While welcoming…the United Kingdom remained concerned at…called on the Government t…expressed concerns at…encouraged the Government to consider… UK asked what actions the Government plans to take to end discrimination against LGBT people. It made recommendations.

 31. The United States of America noted the establishment of a Human Rights Desk to respond to human rights abuses against persons living with HIV/AIDS. It noted… It also remained concerned about the continued criminalization of homosexual conduct and societal discrimination against LGBT persons. It made recommendations.

35. As to HIV/AIDS and facilities made available to men who had sex with men, the delegation responded that Saint Kitts and Nevis addressed it not by denying them the facilities and services but by assisting their health issues. Concerning discrimination against lesbian, gay, bisexual and transgender people, the delegation stated that the reality was that, despite the existence of a piece of legislation, in terms of the society at large, such persons did enjoy the same rights and privileges as everyone else. No instances of denial of job opportunities or attacks against such people took place. There was a culture of tolerance in respect of those individuals in the society.

41. Canada expressed concerns…noted efforts… Canada applauded Saint Kitts and Nevis for its support of OAS resolutions on human rights, sexual orientation and gender identity and referred to CERD encouragement to study the human trafficking phenomenon. Canada looked forward to continue to support Saint Kitts and Nevis in addressing human rights challenges it faced. Canada made recommendations.

49. Uruguay noted Saint Kitts and Nevis’ commitment to renew its efforts to participate in the human rights protection system. Uruguay took note of… Uruguay congratulated Saint Kitts ands Nevis for its support of OAS resolutions on human rights, sexual orientation and gender identity. Uruguay made recommendations.

66. Norway noted…welcomed…was concerned at… Norway noted that Saint Kitts and Nevis ratified CEDAW and that consensual sexual relations between adults of the same sex were still criminalised. Norway made recommendations.

76. The following recommendations will be examined by Saint Kitts and Nevis which will provide responses in due time, but no later than the 17th session of the Human Rights Council in June 2011.

76.49. Take effective measures to effectively combat discrimination on all grounds, including on grounds of sexual orientation or identity (Sweden)

76.51. Repeal all provisions in its domestic legislation, which criminalize sexual activity between consenting adults of the same sex (Spain);

76.52. Make the necessary efforts to repeal all legal provisions which can be applied to criminalize consensual sexual activity between adults of the same sex (Uruguay);

76.53. Bring its legislation into conformity with its commitment to equality and non-discrimination, by repealing all legal provisions that criminalize sexual activity between consenting adults (Canada);

76.54. Bring its legislation into conformity with international human rights obligations, by repealing all provisions which may discriminate against lesbian, gay, bisexual and transgender persons (Norway);

76.55. Decriminalize homosexual conduct by repealing relevant provisions within the Offences against the Person Act that may be used to criminalize homosexual conduct between consenting adults (United States of America);

76.56. Repeal provisions in national law, notably sections 56 and 57 of the Offences against Persons Act, which criminalise sexual relations between consenting adults of the same sex (France).

Leave a Reply