fp Turks and Caicos

The laws of the Turks and Caicos Islands will be reviewed for any that discriminate against people based on their sexuality, and a diversity policy will be implemented to prevent discrimination in the public service.

His Excellency the Gov. Ric Todd made that announcement May 16 in a statement on the eve of the annual International Day Against Homophobia and Transphobia.

The U.K.’s Foreign Office Minister Jeremy Browne and International Development Minister Stephen O’Brien have issued a joint statement celebrating this year’s world day, the governor said. The United Nations Commissioner for Human Rights Navi Pillay has also issued a video message calling for an end of discrimination on the grounds of sexual orientation and gender identity.

“In many countries sexual orientation and gender identity are reasons to live a half-life, in secret: feeling or actually being unable to express who they are openly and confidently,” the governor’s statement said. “Fear of persecution often means lesbian, gay, bisexual and transgender people are forced to be an invisible minority.

“This can be especially true for those who grow up and live in small island communities like the Turks and Caicos Islands. For those who are not heterosexual, it takes real courage to tell family, friends, neighbours and work colleagues that you are different, and to do so without fear of rejection. Discrimination by national legislation is unacceptable. Where discrimination of this type exists, responsible governments should reform.”

The constitutional protection against discrimination on grounds of sexual orientation in the TCI was added to the Constitution when it was revised in 2011, so that now protection is guaranteed against discrimination based on “race, national or social origin, political or other opinion, colour, religion, language, creed, association with a national minority, property, sex, sexual orientation, birth or other status.”

The 2011 Constitution also added a prohibition against same sex marriages.

“The Constitution is specific that there should not be discrimination based on ‘sexual orientation, birth or other status,’” Todd said. “That is why I am today announcing three initiatives:

• “that there will be a review of TCI legislation to ensure that it is non-discriminatory on the grounds of sexual orientation or gender identity;
• “that the TCI government will develop and introduce a ‘diversity policy,’ as part of the ongoing reform of public sector human resources and staff management — this will set a standard for all managers and employees, and will be designed to ensure fair treatment for all staff and a zero tolerance for bullying; and,
• “that the government will launch a consultation on the age of consent in the Turks and Caicos Islands as a step towards ensuring that we take the right action needed to comply with both our legal obligations under the European Convention of Human Rights, and the incoming 2011 TCI Constitution.”