UPR Sexual Rights Database

UN Compilation:
Para 30) The subregional team indicated that, although women participated fully in voting during elections and were very active in political parties, they were still severely underrepresented in political leadership positions, and there was only one woman in Parliament. It also stated that women comprised the majority of civil servants and held senior level roles within Government

National Report:
Para 30) The Ministry of Labour records no outstanding issues as at 2019, as it relates to cases of inequalities in Pay. The Equal Pay Act 2012 guides the occasional handling of these matters, in addition to the ongoing data collection to track and monitor cases of this nature. The Ministry of Labour is committed to strengthening its efforts in raising awareness to the Equal Pay Act.
Para 31) The Government of Saint Kitts and Nevis, under the Ministry of Labour, is committed to amend the Protection of Employment Act.1986 that would prohibit sexual harassment within the workplace, so allot proper adjudication and overall justice in matters of this nature. Additionally, the Ministry of Labour will seek to strengthen collaborations and consultations with the Department of Gender Affairs and the Royal Saint Christopher and Nevis Police Force (RSCNPF) as counterparts in administering justice.
Para 33. The Department of Gender Affairs has a significant responsibility in raising awareness; monitoring and improving the status of women and girls in the country through the implementation of a number of International Conventions and declarations.
Para 34) The Department’s priority areas include the formation of a National Gender Policy, the empowerment of women and girls, the reduction of all forms of gender-based violence, poverty elimination, governance and democracy, and programmes for men and boys.
Para 35) The Department of Gender Affairs functions under a policy framework, which is guided by international and regional commitments including the Sustainable Development Goals, Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), the Gender Equality Observatory, (CSW) Commission on the Status of Women in Saint Kitts & Nevis and the Belém do Pará Convention. It has responsibility to fulfil periodic international, regional and national reporting obligations.
Para 36) Within the last year Saint Kitts and Nevis completed and submitted the Beijing +25 Report, ECLAC Montevideo Report, MESECVI (Belém do Pará) Evaluation; and Gender Equality Observatory reporting.
Para 37) As part of the women’s empowerment platform, the Department of Gender Affairs administers a Prison Programme which aims to provide support and advocacy services for incarcerated women. The Prison Programme facilitates short term skills training and education for female inmates of Her Majesty’s Prison to assist them with their personal and career development e.g. entrepreneurship classes and agricultural training.
Para 38) The “Engaging, Empowering and Advancing Women” Entrepreneurship Workshop was delivered to a group of six women at the prison in September 2017. The women received intensive training to develop business ideas and business plans and learnt skills to start their own businesses upon their reintegration into society. Upon release, some women are faced with unemployment challenges, but with the assistance from the Department, employment has now become more accessible. One example includes an inmate who, since her rehabilitation, has successfully opened and operates a Day Care Centre. We are pleased to report that since the Prison Programme was restarted in 2017, there have been no repeated offences.
Para 39) In 2016-2017 the Department of Gender Affairs led a Gender Sensitization Project designed to provide the wider society with a more sophisticated understanding of gender; to improve gender mainstreaming in the public sector, and to enable the private sector to address and provide more substantial reporting about gender-related issues. Deliverables from this project included the creation of three sector specific training guides and a manual for use with adolescents, the private sector and focal point units within the public sector. Subsequently, 116 focal points across Saint Kitts and Nevis in the private and public sectors, and civil society were trained. Further gender sensitization training sessions were carried out in July and August 2018 respectively. Gender sensitization training continues to be delivered through the Department of Gender Affairs.
Para 40) After a Gender Equality Study was conducted in 2014, the results renewed the Government’s desire to complete a Gender Policy, and in 2018, the Government of Saint Kitts and Nevis restarted the consultative process towards its National Gender Policy. The general objective of the gender policy is to advocate for non- discrimination on the grounds of sex and to provide a framework that will assist the Government of Saint Kitts and Nevis in facilitating gender equality and empowerment. The policy will be structured in two parts: gender mainstreaming and gender setting.
Para 41) ‘Gender mainstreaming’ is a strategy embraced by the Government, and is an important initiative that promotes gender equality in institutions policies and programmes. The implications and interests of men and women are considered in order to address unequal social structures. Gender mainstreaming seeks to ensure that gender issues are addressed within the existing development strategies and programmes. Gender setting will seek to transform the existing agenda through the systematic application of a gender perspective. Other strategies will include gender sensitization, training, promotion, ensuring public ownership of the policy, ensuring data disaggregation, promoting women’s empowerment and gender equality, and establishing a gender responsive, monitoring and evaluating mechanism within government and other agencies.
Para 42) The Government recently received approval for additional funding, from UNESCO, to complete the drafting of said policy. The document is expected to be completed in the second quarter of 2021 and will be presented to Cabinet for approval thereafter.
Para 43) Domestic violence is the most common form of gender-based violence which predominantly affects women and girls. Within the Federation of Saint Kitts and Nevis, several institutions and agencies are involved in providing service to victims of domestic violence, facilitating the report of incidents to the relevant authorities.
Para 44) Through assistance from the Pan American Health Organization (PAHO), The Domestic Violence and Sexual Violence Complaints and Response Protocol was launched in November, 2018. The policy educates key stakeholders in the healthcare, education, childcare, social support, legal and criminal justice system sectors and provides guidelines for training on the appropriate procedures to follow when a crime of this nature materializes. It addresses first response procedures, best practices for law enforcement, emergency and medical services, social services, victim advocacy and legal action. The Department of Gender Affairs has held various sensitization workshops, consultations and panel discussions, aimed at increasing the awareness of stakeholders about this Response Protocol and its use throughout 2019. Para 45) Saint Kitts and Nevis is also an avid participant of the annual 16-day campaign on Violence against Women and Girls. The 16-Day Campaign which was observed in the Federation from November 25 to December 10, 2019 was designed to demonstrate solidarity with survivors of domestic and gender-based violence, raise awareness, prevent the occurrence wherever possible, and advocate for relief and justice for the victims.
Para 46) In 2018, the Special Victims Unit (SVU) relocated to a more conducive, safe and comfortable space for victims to report incidents of sexual violence without fear of reprisals. In addition, the Department of Gender Affairs in partnership with several faith-based organisations, provide financial support and temporary shelters for victims of domestic violence who have no alternate housing solution. This rental allowance covers a period of three months.
Para 47) Different public campaigns were also lead by the Ministry of Gender Affairs which featured primarily on popular call-in radio programmes. Guest panelists included staff from the Special Victims Unit of the Royal Saint Christopher and Nevis Police Force, and the National Men’s Council.
Para 48) Collaboration with the Ministry of Education resulted in the involvement of primary school children in public service announcements to condemn domestic violence and promote a kinder, gentler society; and secondary school children in public awareness raising activities, such as marches and street theatre.
Para 83) … the Ministry [of Social Services] has a directory of private lawyers who have indicated an interest in providing pro-bono services to victims of domestic violence.

UN Compilation:
Para 22) Women are under-represented in decision-making positions and in political bodies, particularly in parliament. Women account for 20 per cent of the Federal Government of Saint Kitts and Nevis, which comprises a single National Assembly with 11 elected representatives of parliament, one of whom is a woman, and four senators, including two women. The Cabinet in Saint Kitts is made up of nine ministers, including one woman (11 per cent of the total). Of the six Cabinet members in the Nevis Island Administration, one is a woman (17 per cent of the total).

National Report:
Para 13) The ratification of the OPs to the CRC is currently under discussion by the government. A review of our legislation was conducted several years ago, and, it was noted that some elements of the legislation would require adjustment as it relates to the OP on children in armed conflict. This is currently being reviewed and the government will consider signing the OPs and declare any possible reservations with regard to children in armed conflict.

UN Compilation:
Para 8) Although the Government did not support universal periodic review recommendations associated with LGBTQI rights, Saint Kitts and Nevis has shown some openness to dialogue on the issue.

Stakeholder Summary:
Para 7) HRW stressed that Saint Kitts and Nevis did not have any comprehensive laws that prohibited discrimination on grounds of gender identity and sexual orientation, including in the employment, housing, access to education, and health care contexts. In this lacking legal context, discrimination against LGBT people seeped into everyday activities, whether it was availing of services such as health care, school, or riding a bus, or social activities such as going to the movies or shopping. Discrimination in the workplace can also occur. Notably, LGBT persons who faced discrimination in any sector lacked any legal avenue to seek redress for themselves or accountability for perpetrators.
Para 9) JAI reiterated that international human rights law customarily protected the right to privacy and the right to be protected against arbitrary and unlawful attacks on or interference with one’s private and family life. One’s reputation or dignity are also protected. International human rights law further establishes that matters of sexual orientation and gender identity are protected by the right to privacy and the right to be protected against arbitrary and unlawful interference with, or attacks on, one’s private and family life and one’s reputation or dignity. By criminalizing same-sex activity in the penal code, Saint Kitts and Nevis violates these international obligations. Saint Kitts and Nevis are also members states to the Organization of Eastern Caribbean States (OECS), which strives to increase human rights protections in the region.

UN Compilation:
Para 11) The subregional team asserted that the Constitution prohibited discrimination on the basis of sex, race, place of origin, political opinions, colour or creed, but that no specific legislation addressed discrimination on the basis of disability, language, sexual orientation gender identity or social status. UNESCO underscored that no sufficient measures had been taken to address persisting discriminations.

Para 15) The subregional team stated that societal negative attitudes towards the lesbian, gay, bisexual and transgender community impeded the operation of organizations working for such individuals and their free association. It asserted that public discourse on the rights of such individuals indicated that there remained strong sentiment against homosexuality and gay marriage, and reported that the former Prime Minister had publicly advocated a review of the country's anti-sodomy laws and tolerance for lesbian, gay, bisexual and transgender individuals

Stakeholder Summary
Para 10) JS2 reported that during the 2011 review, despite several recommendations made to decriminalize consensual same sex relations, Saint Kitts and Nevis stated that a popular "mandate" was necessary for state protection of the rights of sexual minorities, and that continued criminalization of consensual sex under sections 56 and 57 of the Offences against the Person Act was justified because of "strong opposition" by citizens to repeal these laws.

Para 11) JS2 affirmed that subsequent to UPR 2011, acts of violence committed against persons because of their sexual orientation or gender identity continued to occur, and persons who defended the rights of these individuals were often subjected to verbal attacks.