ERAO SVG calls upon SVG to protect LGBTQ+ persons from discrimination in employment
ERAO SVG has received information and observed that LGBTQ+ persons in the State of Saint Vincent and the Grenadines (SVG) experience various forms of violence and discrimination. One of the areas where violence and discrimination pervade against many LGBTQ+ persons is in employment. Amongst other things, this was noted in Human Rights Watch’s 2023 report, “They Can Harass Us Because of the Laws” Violence and Discrimination against LGBT People in Saint Vincent and the Grenadines”.
LGBTQ+ persons in SVG experience discrimination during the different phases of employment, from recruitment to termination. ERAO SVG also notes that some LGBTQ+ persons are afraid to publicly express and identify themselves in the workplace for fear of discrimination. Amongst other things, this has led to a lack of representation of out and proud LGBTQ+ persons serving at various levels of Vincentian society. If they are in these positions, many of them often hide who they are. In particular, ERAO SVG also observes that as far as it is currently aware, no elected political official publicly identifies as LGBTQ+ in SVG. Our elected officials should represent the people and have people coming from a wide diversity of backgrounds. Sadly, the local environment is not very enabling, and this situation is not made better because the State lacks specific protections, particularly specific laws and regulations, that explicitly protect LGBTQ+ persons from discrimination in employment.
Failure to protect LGBTQ+ persons in the area of employment affects every facet of their life, including their ability to earn a livelihood, take care of themselves, and their dependents. This, in turn, exacerbates and makes LGBTQ+ persons in SVG vulnerable to various forms of abuse, exploitation, and poverty, with some persons having been reported to be homeless and/or begging on the streets.
ERAO SVG reminds the State that everyone, including LGBTQ+ persons, has the right to work and that it has a positive obligation (it must and should take action) to fulfill this right for everyone in SVG. Article 23 (1) of the Universal Declaration of Human Rights states that, “Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment”. The right to work is elaborated under various international instruments, which SVG is a State party to, such as the International Covenant on Economic, Social and Cultural Rights.
ERAO SVG calls upon the State of SVG to guarantee and protect the right to work without discrimination for LGBTQ+ persons during all phases of the employment process, from recruitment to termination.
ERAO SVG recommends to the State that the Protection of Employment Act be amended and/or expanded to explicitly protect LGBTQ+ persons from discrimination in employment, and/or that new anti-discrimination legislation be created to, amongst other things, protect LGBTQ+ persons from discrimination during all phases of the employment process, from recruitment to termination in SVG.
ERAO SVG notes the recent trends in the Independent English-speaking Caribbean to protect the rights of LGBTQ+ persons in employment. ERAO SVG notes that Section 3(2)(h) of the Barbados Employment (Prevention of Discrimination) Act (2020) lists “sexual orientation” as a category under which employers may not discriminate against employees. Moreover, in Saint Lucia, ERAO SVG notes that Section 131(1)(a) of the Labour Code (2006) prohibits unfair dismissal or disciplinary actions based on an employee’s “sexual orientation”.
LGBTQ+ persons must have equal opportunity to work and should be able to equally access these work opportunities without discrimination, like their heterosexual and/or cisgender counterparts in SVG.
No one in SVG should be discriminated against during any phase of the employment process based on grounds such as sexual orientation, gender identity, and/or gender expression.
