International Mechanism Submissions

Since its Third-Cycle Universal Periodic Review conducted in May 2019, the Commonwealth of Dominica (hereinafter “Dominica”) continues to discriminate against people based on their perceived and actual status as members of the lesbian, gay, bisexual, transgender, queer, and other sexual and gender minority (“LGBTQ+”) community. In addition to explicitly criminalizing consensual same-sex sexual activity between adults, Dominica does not adequately investigate, hold accountable perpetrators of, or prevent violence, harassment, and discrimination against LGBTQ+ individuals by State and non-State actors. The continued criminalization of consensual same-sex sexual activity between adults, combined with public animus towards gender and sexual minorities, fosters a hostile and dangerous environment for members of the LGBTQ+ community in Dominica.

Dominica criminalizes consensual same-sex sexual activity between adults under two separate sections of the Sexual Offences Act 1998, as amended (the “Act”). The statute has its origins in laws that were transplanted and initially enacted in 1873, at which point Dominica was a colony of the British Empire. Section 14 criminalizes consensual same-sex sexual activity between adults regardless of gender under the broad category of “gross indecency” which the statute defines as “an act other than sexual intercourse . . . by a person involving the use of the genital organ for the purpose of arousing or gratifying sexual desire.” Section 16 specifically and disproportionately targets consensual same-sex sexual activity between adult men by criminalizing “buggery” which the statute defines as “sexual intercourse per anum by a male person with a male person.”

In addition to the possibility of legal prosecution, members of the LGBTQ+ community experience discrimination, enabled in large part by the continued criminalization of consensual same-sex sexual activity between adults. State and non-State actors discriminate against LGBTQ+ people in matters of obtaining housing, education, employment. There is also a negative social stigma within Dominica of LGBTQ+ people, who experience further violence and harassment from the public. Dominican law does not prohibit discrimination based on sexual orientation, and/or gender identity or expression (SOGIE) in employment, housing, education, or health care, and Dominican law enforcement authorities reject or poorly investigate claims of violence and harassment against LGBTQ+ people.

The authors of this stakeholder report note that information and news regarding this subject matter in Dominica is relatively limited given the social stigma and circumstances surrounding LGBTQ+ people in the country.