Bahamas: Treatment of persons based on their sexual orientation, gender identity and expression, and sex characteristics (SOGIESC), and their family members, particularly children, by society and authorities, including legislation and state protection (2021–August 2023)
1. Overview
According to sources, same-sex sexual acts have been legal in the Bahamas since 1991 (UK 2023-06-22; Thomson Reuters Foundation 2022-09-08; ILGA World 2023-03-22), with an age of consent of 18 (UK 2023-06-22; Thomson Reuters Foundation 2022-09-08) or for individuals over 18 (ILGA World 2023-03-22). Sources indicate that "same-sex relations are not criminalized" (Outright n.d.a) or have been "partially decriminalize[d]" (Thomson Reuters Foundation 2022-09-08).
1.1 Country Profile
The Franklin & Marshall (F&M) Global Barometers [1] indicate that the Bahamas' score on the LGBTQI+ perception index [2] in 2022 is negative based on 76 responses (F&M [2022]). The same source notes that the country's LGBTQI+ human rights report card [3] received a "failing" grade in "[p]rotection [f]rom [v]iolence" and "[s]ocio-[e]conomic [r]ights," and a "fair" grade in "[b]asic [h]uman [r]ights" from 2020 to 2022 (F&M [2022]).
According to a report [4] from the Williams Institute, a think tank at the University of California, Los Angeles (UCLA) School of Law that conducts independent research on "sexual orientation and gender identity law and public policy," in 2020 the Bahamas was ranked 88 out of 175 countries and locations on the "[s]ocial [a]cceptance" of LGBTI people (The Williams Institute 2021-11, 26, 33). The same source indicates that the country's LGBTI Global Acceptance Index (GAI), which measures the "extent to which LGBTI people are seen in ways that are positive and inclusive," stands at 4.09 out of 10 (The Williams Institute 2021-11, 2, 33).
2. Legislation
2.1 The Constitution of the Commonwealth of the Bahamas
According to a joint submission to the UN Universal Periodic Review (UPR) by Equality Bahamas and International Center for Advocates Against Discrimination (ICAAD) [5], there is "no explicit protection from discrimination for LGBTQI+ people on the basis of sexuality" in the Constitution of the Bahamas (Equality Bahamas & ICAAD 2022-10-11, 1, 6). However, in a statement addressing the UN UPR, Alexus D'Marco [6] notes that the Constitution "guarantees freedom of expression and opinions," including for human rights defenders working on LGBTIQ causes (D'Marco 2023-04-06, 3).
2.2 Sexual Offences Act
This Act provides the following:
"adult" means a person eighteen years of age or more;
"minor" means a person under eighteen years of age;
…
16. (1) Any adult male who has sexual intercourse with another male who is a minor, whether with or without the consent of that other male, is guilty of a sexual offence and liable to imprisonment for life.
(2) Any adult female who has sexual intercourse with another female who is a minor, whether with or without the consent of that other female, is guilty of a sexual offence and liable to imprisonment for life. (Bahamas 1991, Art. 2, 16)
2.3 Matrimonial Act
This Act provides the following:
21. (1) A marriage shall be void on any of the following grounds:
…
(c) that the parties are not respectively male and female … (Bahamas 1879)
Sources state that same-sex marriage is not legal (US 2023-03-20, 17; Freedom House 2023-03-09, Sec.G3; ILGA World 2023-03-22).
2.4 Domestic Violence (Protection Orders) Act
The Act provides the following:
"partner" means —
- a party to a common law relationship between a man and woman living with, or who have lived with, each other in the same household as if they were husband and wife; and
- a person who would, but for the fact of not living in the same household, be said to be having or have had with a person of the other sex an intimate relationship; … (Bahamas 2007, Art. 2)
The US Department of State's Country Reports on Human Rights Practices for 2022 notes that anti-domestic violence laws "cover only violence in a heterosexual relationship" (US 2023-03-20, 17).
2.5 Adoption of Children Act
The Act provides the following:
5. Where an application for an adoption order is made by two spouses jointly the court may make the order authorising the two spouses jointly to adopt, but save as aforesaid, no adoption order shall be made authorising more than one person to adopt an infant. (Bahamas 1954)
The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA World) states that "joint adoption" and "second parent adoption" are not legal for same-sex couples in the Bahamas (2023-03-22).
3. Treatment of Individuals Based on Their SOGIESC
3.1 Treatment by Society
US Country Reports 2022 notes that "NGOs reported LGBTQI+ individuals faced social stigma and discrimination" and there was "generally low social tolerance for same-sex relationships" (US 2023-03-20, 17). According to the UK government's travel advice for the Bahamas, displaying affection in public "such as hand-holding or kissing between opposite or same-sex couples" is not common (UK 2023-06-22).
Outright International (Outright), an organization working to "promote the human rights of LGBTIQ people worldwide" (n.d.b), notes that LGBTIQ people faced "threats, violent attacks, discrimination, harassment, and social stigmatization" (n.d.a). According to an article by the Nassau Guardian, a Bahamian newspaper, citing Alexus D'Marco, the LGBTI+ community "still faces violence and discrimination on a regular basis" (2019-10-22). In correspondence with the Research Directorate, ILGA World stated that "violence remains a significant and persistent concern" for LGBT community members in the Bahamas (ILGA World 2023-08-16). In correspondence with the Research Directorate, the Co-Director of Equality Bahamas stated that violence against LGBTQI+ individuals, which includes "harassment, physical abuse, rape, and verbal abuse," is "common and is often excused by the general public" (Equality Bahamas 2023-08-16).
However, according to Outright, "[d]espite" the "challenges," the LGBTIQ community have experienced "increased visibility and more acceptance in recent years" (n.d.a). According to D'Marco's statement to the UPR, "[o]ver the past decade the visibility of the Bahamas LGBT community has increased" (D'Marco 2023-04-06, 3).
According to the Co-Director of Equality Bahamas, LGBTQI+ people face "discrimination" in "housing, education, and employment" (Equality Bahamas 2023-08-16).
D'Marco notes that "LGBTIQ citizens often face barriers to housing because of their perceived or known gender identity" (D'Marco 2023-04-06, 3). In a report by the International Rescue Committee (IRC) [7], D'Marco, who is also the founder of the D'Marco Foundation [8], provides the example of a lesbian couple displaced by Hurricane Dorian in 2019 who faced "rejection when trying to access housing," with a landlord stating "'I'm not renting to no gay women'" (IRC 2021, 10).
D'Marco indicates that employers "discriminate and are unwilling to hire" trans individuals (D'Marco 2023-04-06, 3) or have fired members of the LGBTI community when their sexuality was revealed (The Nassau Guardian 2019-10-22). ILGA World stated that the "lack of official data on employment statistics for LGBT people makes it challenging to fully assess the situation" (ILGA World 2023-08-16).
According to the Nassau Guardian, citing a Bahamian trans woman who is residing in Canada as a refugee, "not only gay and lesbian Bahamians seek asylum abroad; … many other members of the LGBT community also flee the country out of fear for their lives" (2019-07-30).
The Tribune, a daily newspaper in the Bahamas, quotes D'Marco as stating that "'[t]here has been an increase'" in the "'spreading'" of "'fear, hate, and misinformation about trans citizens'" (2023-03-29). The Tribune, citing the same source, states that "some" transgender students are "leav[ing] school early because of bullying" and "[o]thers" choose to transfer from public to "private" schools with "a more inclusive and friendly environment" (2023-03-29). The Tribune, quoting the same source, adds that "'[m]ost'" trans students "'experience a lot of trauma from home'" (2023-03-29).
ILGA World stated that domestic violence is a "pressing issue" that affects the Bahamas LGBT community (ILGA World 2023-08-16). The same source notes that "[g]ender stereotypes persist, and the public remains largely uneducated about domestic violence and its warning signs" (ILGA World 2023-08-16). According to an OutRight Action International (OutRight) report [9], "[s]ome young LGBTIQ people experience family rejection and homelessness" (2022-06, 20). The same source, citing a non-binary activist, states that "LGBTIQ children coming of age … lack the information needed to understand their identities and may experience bullying at school as well as pressure to change their identities at home" (2022-06, 20). An article by the Nassau Guardian quotes D'Marco as stating the following:
"We have cases of families throwing their children out once they see some signs of gender non-conforming, especially with our lesbian girls or girls who may be perceived as lesbian, dressing not as a female in a dress, and suffering violence. And this violence comes through correctional rape, through their own family members. So, these are things that we're dealing with[,] and these things are not talked about." (2019-10-22)
The Co-Director of Equality Bahamas noted that parents, "in particular, are pressured to make their children heteronormative" and may face "discrimination due to their children being LGBTQI+" (Equality Bahamas 2023-08-16). Corroborating information and additional information on the treatment of family members, particularly children, of persons of diverse SOGIESC could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3.1.1 Homophobia
According to US Country Reports 2022, "[h]omophobic epithets were both common and socially acceptable" in the country (US 2023-03-20, 17). According to Pink News, an LGBTQ news source from the UK, "homophobic attitudes persist in some parts of the country" (2019-01-01).
A Tribune article notes that "[fear] and discrimination forced a 21-year-old transgender woman to flee [t]he Bahamas for Canada" (2023-04-28). The Tribune quotes the woman as follows:
"It was days where I wouldn't even want to step outside… . Because every time you go somewhere, it's people criticising you, judging you, (or) a person wanting to fight you for who you are. That's just the public. Then you have to go home and deal with homophobic family. … I wasn't accepted on [either] side, mother (or) father." (2023-04-28)
3.2 Treatment by Authorities
The joint submission by Equality Bahamas and ICAAD notes that the government of the Bahamas did not "acknowledge the human rights of LGBTQI+ people, leaving them to become victims of violence or to seek asylum" elsewhere (Equality Bahamas & ICAAD 2022-10-11, 5-6). D'Marco indicates that the state "tends to reference quickly its sovereignty, Christian values[,] and the foundation of the family as an excuse to discriminate against LGBTI citizens" (D'Marco 2023-04-06, 4).
The OutRight report quotes D'Marco describing the following changes under the government elected in September 2021:
"I do see a vast improvement in the way LGBTI citizens are treated now in the country. There has been censoring from the government of people spouting vitriol against LGBTI community. I see that happening through Pride. The current government was the opposition when we did Pride, and they have said they're in support of Pride." (2022-06, 22)
3.2.1 Religious Leaders
According to Outright, both the Protestant and Catholic churches have "opposed the recognition of the human rights of LGBTIQ community" (n.d.a). According to a 2019 article by Eyewitness News, a news source based in the Bahamas, the Bahamas Christian Council (BCC) indicated that they will oppose the 2020 pride events and called on their "global colleagues" to "'stand against Sodom and Gomorrah'" (2019-11-06).
According to Eyewitness News, after the US Embassy in Nassau raised the rainbow Pride flag in June 2021, the BCC noted in a statement that this action "'is deeply concerning and could easily be perceived offensive to many of our citizens'" (2021-06-02). A Tribune article reports that the US Embassy's Pride flag "elicited backlash from some religious groups" in the country (2021-07-01).
4. Pride Events
US Country Reports 2022 indicates that the law "does not restrict freedom of expression, association, or peaceful assembly based on LGBTQI+ issues" (US 2023-03-20, 17). According to Freedom House, the third annual Pride week took place in October 2022 (Freedom House 2023-03-09, Sec.F4).
According to sources, the first Pride week of the country was held in October 2020 (Freedom House 2021-03-03, Sec. F4; Caribbean Prides [2020]), "despite backlash from religious groups" (Freedom House 2021-03-03, Sec. F4). An October 2020 Eyewitness News article reports that Pride Bahamas 2020 was a series of virtual events (2020-10-07). The same article states that the "initial announcement" of the Pride events in 2019 "prompted a contentious national debate on the issue of queer people" and their rights in the Bahamas (Eyewitness News 2020-10-07). According to the 2019 Eyewitness News article, the leader of the Progressive Liberal Party (PLP) [then opposition party and ruling party as of September 2021] supported Pride 2020, referring to it as "'freedom of expression'" (2019-11-06). The October 2020 Eyewitness News article, citing a joint press release by a Bahamian coach and pastor, notes that the two "spoke against the pride events, insisting the ideas being shared are dangerous for the Bahamian society" (2020-10-07). The article reports that the "pair accused organizers of 'gaslighting' the public on LGBTI issues; playing the 'emotion card', and 'playing the victim' with claims that homosexuals and transgenders are being persecuted" in this country (Eyewitness News 2020-10-07).
5. State Protection
A 2022 report by the Inter-American Commission on Human Rights (IACHR) of the Organization of American States (OAS) indicates, based on monitoring information provided by UCTrans [whose Executive Director is Alexus D'Marco], that "civil society representatives have expressed their concern" about "the lack of guarantees for the rights of trans, non-binary, and gender diverse persons" (OAS 2023-04-20, para. 82). According to Pink News, in former British colonies, including the Bahamas, "queer people continue to face violence and legislative oppression, and do not enjoy the same rights and protections as non-LGBTQ+ people" (2023-05-08).
Sources indicate that the laws do not provide ["explicit" (Outright n.d.a)] "anti-discrimination protections" for sexual minorities (US 2023-03-20, 17; Outright n.d.a). ILGA World states that "laws in force" do not "offer protection against discrimination" based on SOGIESC in the "provision of goods and services," healthcare, education, employment, and housing (2023-03-22).
According to the Bahamian government's submission to the UN UPR, a "minimum standard of healthcare services is provided to any person accessing the services regardless of race, creed, gender, political affiliation, religion or nationality" (Bahamas 2023-03-07, para. 67).
However, D'Marco notes that "[m]any" trans individuals avoid medical treatment "due to fear of mistreatment" and that they do not have access to medication and hormonal treatment (D'Marco 2023-04-06, 3, 4).
According to ILGA World, there are no "aggravate[d] penalties for crimes committed" against individuals based on their SOGIESC and such crimes are not "explicitly consider[ed]" "'hate crimes'" (2023-03-22). US Country Reports 2022 states that "NGOs noted a lack of an alternative reporting mechanism for LGBTQI+ persons uncomfortable reporting incidents" to authorities (US 2023-03-20, 16). Outright notes that police are "unresponsive to LGBTIQ victims of hate crimes," which has lead to underreporting of incidents (Outright n.d.a). The Equality Bahamas and ICAAD joint submission states the following:
the lack of hate speech and hate crime legislation rendered LGBTQI+ people defenseless when they were violated and their safety and security threatened. It is difficult to make reports of threats and violence, and it was not unusual for police officers to laugh at victims and refuse to take their reports. (Equality Bahamas & ICAAD 2022-10-11, 2)
ILGA World indicated that there is "substantial underreporting of [violence against LGBT individuals], leading to a significant number of incidents going undocumented officially" (ILGA World 2023-08-16). The same source noted that another factor that "affects available data" is "inadequate training for law enforcement personnel and officials" to "proper[ly] handl[e] and recor[d]" these cases (ILGA World 2023-08-16). However, according to US Country Reports 2022, there were "no reported cases of police or other government agents who incited, perpetrated, condoned, or tolerated violence against" sexual minorities or anyone reporting "such abuse" (US 2023-03-20, 16).
According to a Tribune article, the Bahamas' police "received six unnatural male sexual intercourse reports" between 1 January and 23 August 2022 (2022-08-30).
Sources note that the laws do not allow individuals of diverse SOGIESC to change their gender "marker" in identification documents (US 2023-03-20, 17; ILGA World 2023-03-22).
6. Government and Other Support Services
The Co-Director of Equality Bahamas stated that "there are no support services provided by the government" to LGBTQI+ people and that there are "not many" LGBTQI+ focused NGOs (Equality Bahamas 2023-08-16).
The Tribune, citing D'Marco, states that the D'Marco Foundation is launching a "second safe house" to shelter LGBTI people who have been "kicked out of their homes because of their sexual orientation or gender identity"; this facility can accommodate four people (2021-01-05). However, the same source reports that the first D'Marco Foundation safe house was "forced" to close due to "funding challenges" (The Tribune 2021-01-05).
According to the Co-Director of Equality Bahamas, their organization offers services "as resources allow," such as "group therapy, group coaching, and other community care services" (Equality Bahamas 2023-08-16).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
Notes
[1] The Franklin & Marshall (F&M) Global Barometers, which consist of the Global Barometer of Gay Rights and the Global Barometer of Transgender Rights, "measure state- and societal-level protection or persecution of sexual orientation and gender identity (SOGI) minorities worldwide," with data from "over" 204 countries and regions (F&M n.d.a). The Barometers are housed at F&M College in Lancaster, Pennsylvania (F&M n.d.a).
[2] The F&M Global Barometers note that the LGBTIQI+ perception index is a survey containing six questions that "documents the lived realities and perceptions of LGBTIQI+ people," with focuses on "safety, acceptance, and level of discrimination" (F&M n.d.a).
[3] The F&M Global Barometers states that the report cards "measure states' legislative protections" and "documen[t] human rights protection" (F&M n.d.b).
[4] The sampling in the survey by the Williams Institute includes 7,059,822 individual-level responses (The Williams Institute 2021-11, 2).
[5] Equality Bahamas is a "feminist grassroots organization that promotes women's and LGBTQ+ rights" and International Center for Advocates Against Discrimination (ICAAD) is "a human rights advocacy center" that identifies "pattern[s] and practices of discrimination within various government and cultural systems" (Equality Bahamas & ICAAD 2022-10-11, 1).
[6] Alexus D'Marco is a human rights defender, who is also the Executive Director of the United Caribbean Trans Network (UCTRANS) and the founder of the Bahamas Organization of LGBTIQA Affairs, two Bahamas-based NGOs working to "uphold the people's right to a safe, balanced and healthy environment" (D'Marco 2023-04-06, 1, 5).
[7] The International Rescue Committee (IRC) is an organization that supports those experiencing "humanitarian crises" (IRC n.d.).
[8] The D'Marco Foundation, which is founded by Alexus D'Marco, supports the gay, lesbian, bisexual, transgender, questioning, intersex and supporter community in the Bahamas and Caribbean through information and advocacy (D'Marco n.d.).
[9] According to OutRight Action International (OutRight), the 2022 report is based on interviews with 36 LGBTIQ activists between February and June 2022, as well as an online survey, "news reports, social media posts, and reports by non-governmental organizations" (2022-06, 4). OutRight changed its name to Outright International (Outright) on 4 October 2022 (2022-10-04).
References
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Bahamas. 2007. Domestic Violence (Protection Orders) Act. [Accessed 2023-07-18]
Bahamas. 1991 (amended 2008). Sexual Offences Act. [Accessed 2023-07-19]
Bahamas. 1954 (amended 2007). Adoption of Children Act. [Accessed 2023-07-19]
Bahamas. 1879 (amended 1991). Matrimonial Causes Act. [Accessed 2023-08-02]
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Additional Sources Consulted
Oral sources: Bahamas AIDS Foundation; Bahamas LGBT Equality Advocates; The Bahamas Organization of LGBTI Affairs; Caribbean Prides; Human Rights Bahamas; Rise Bahamas; SOGIESC activist; United Caribbean Trans Network.
Internet sites, including: AMERA International; Amnesty International; Austrian Red Cross – ecoi.net; Bahamas – Government of the Bahamas; Caribbean Vulnerable Communities Coalition; Erasing 76 Crimes; Factiva; Fédération internationale pour les droits humains; Feminist Alliance for Rights; The Freedom Initiative; GlobalGayz; Human Rights Foundation; Human Rights Watch; Institute for War & Peace Reporting; International Service for Human Rights; Open Society Foundations; Pan Caribbean Partnership Against HIV and AIDS; UN – Office of the High Commissioner for Human Rights, UNDP, Refworld, UN Women; Washington Blade.