During a 20 June telephone interview the Immigration Officer at the Trinidad and Tobago consulate in Toronto stated that "after 26 years at Immigration I have never had any knowledge about Article 8 paragraph 18/1 of the Immigration Act being enforced. The article exists in the legal text but there is no way to enforce it in reality. Trinidad citizens can enter and leave the country regardless of their personal record."

According to the Immigration Officer, most homosexuals in Trinidad and Tobago "still live in the closet" (ibid.). However the officer reported that, to his knowledge, there was no harassment of homosexuals on the part of the police or the general public, but that very few homosexuals have stated their homosexuality publicly or openly (ibid.).

The Deputy Consul General at the Consulate of Trinidad and Tobago in Toronto reported in a 22 June 1995 telephone interview that the Sexual Offenses Act was initiated to deal with mainly "traditional" sexual offenses such as rape. The Deputy added that when the law was discussed in parliament, it was broadened to include what is considered non-traditional sexual behaviour by Trinidian standards; homosexual behaviour fell into that category. However, the Deputy Consul added, that to his knowledge, Sections 13 and 16 of the Sexual Offenses Act have never been enforced to punish homosexual behaviour.

The Deputy Consul corroborated the information provided by the Immigration Officer that Article 8 Paragraph 18/1 has also never been enforced by the authorities (ibid.). The Deputy Consul stated that Article 8 paragraph 18/1 was aimed at foreigners and added that "not only is the article not enforced but the question of one's sexual orientation is never asked for reasons of respect for one's privacy and personal life. Nationality supersedes sexual orientation."

The Deputy Consul also stated that he was not aware of any group that provides support for homosexuals and/or advocates for their rights. He mentioned that there are a few non-governmental organizations such as regional and national AIDS support groups that deal with homosexuals. He added that Trinidian's "culture and idiosyncrasies" still identify AIDS with homosexual behaviour.

However, the Deputy Consul mentioned that even if homosexuality is still an issue that is not openly discussed, there is an increased willingness on the part of the Trinidian authorities to address it, which was not the case ten years ago. According to the Deputy Consul it can be said that homosexuality is now tolerated in Trinidad and Tobago, as homosexuals can enjoy the same rights and services as any other citizens of the country and that, in his opinion, there are no systemic attempts to discriminate against or harass homosexuals.

This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of sources consulted by the DIRB for this Response to Information Request

References

Consulate of the Republic of Trinidad and Tobago, Toronto. 22 June 1995. Telephone interview with the Deputy Consul General.

Consulate of the Republic of Trinidad and Tobago, Toronto. 20 June 1995. Telephone interview with the Immigration officer.

Sources consulted

Amnesty International Report. Yearly. New York: Amnesty International.

Foreign Broadcast Information Service (FBIS) Reports. Daily.

Human Rights Watch. Yearly. Human Rights Watch World Report. New York: Human Rights Watch.

International Gays and Lesbians Association (IGLA) Bulletin.

Latinamerica Press [Lima]. Weekly.

Latin American Regional Reports: Central America and Caribbean Report [London].

Oral sources.