Dominica defends anti-buggery law at UN Human Rights Committee

On Tuesday March 10, the UN Human Rights Committee conducted its first ever review of the Commonwealth of Dominica’s compliance with its obligations under the International Covenant of Civil and Political Rights (ICCPR).

The Canadian Committee member, Marcia Kran posed questions to the Dominican representative about the country’s anti-buggery law, which mandates up to 10 years imprisonment plus psychiatric incarceration for consensual same-sex intimacy; the court’s upholding of the discredited “gay panic” defense; the state’s response to homophobic and transphobic attacks (including whether there was training provided for police); and other human rights violations against LGBT Dominicans.

The Dominican state representative, Dr. Vince Henderson, Ambassador to the United States and Permanent Representative to the Organisation of American States (OAS) was evasive at best, and declared, inter alia, that as elected representatives, the government must reflect the will of the people and so will not be repealing the anti-sodomy law.

However, the Ambassador also claimed that the government condemns violence against LGBT people, and there was no record of homophobic attacks being reported to the police.

Ironically, the ambassador also admitted that the lack of reporting could be as a result of the fear of homophobic backlash against LGBT people who went to the police.

Finally, Dr. Henderson said that he is aware of the ongoing court challenge to the anti-sodomy law, which is being supported by Minority Rights Dominica in collaboration with the Canadian HIV/AIDS Legal Network, and that the government is obliged to defend the statute, but will respect the decision of the courts.

A disappointing presentation by the state in its first appearance before the Human Rights Committee and there was zero political leadership in the area of human rights for LGBT people.

WATCH: The entire hearing