This coming Monday, December 20, the United Nations General Assembly will vote on whether to include protection for lesbian, gay, bisexual and transgender people in a crucial resolution on extra-judicial executions and other unlawful killings.
For the past 10 years, this resolution has urged states “to investigate promptly and thoroughly all killings, including… all killings committed for any discriminatory reason, including sexual orientation.” It is the only UN resolution to ever include an explicit reference to sexual orientation. Just last month, Guyana voted with a number of states to remove the reference to sexual orientation from this important resolution.
States will have the opportunity to restore the reference to sexual orientation – and hopefully extend it to also include gender identity – when the resolution comes up before the UN General Assembly on Monday, December 20.
We call on the Government of Guyana to change its vote and to reverse the removal of sexual orientation from the resolution. This resolution seeks to bring attention to the most serious human rights violation, the loss of the right to life. The Special Rapporteur on extra-judicial executions has constantly underlined that people are subject to extra-judicial executions because of their actual or presumed sexual orientation or gender identity.
On International Human Rights Day, 2010, UN Secretary General Ban Ki Moon addressed a UN side event:
‘Ending Violence and Criminal Sanctions on the Basis of Sexual Orientation and Gender Identity.’ This panel was convened by, among other countries, Norway with whom the Government of Guyana is keen to benefit from the LCDS funding; and Brazil, whose President recently received our Order of Excellence.
The Secretary General in his remarks noted that “When individuals are attacked [or] abused … because of their sexual orientation, we must speak out… It is not called the ‘Partial’ Declaration of Human Rights. It is not the ‘Sometimes’ Declaration of Human Rights.
It is the Universal Declaration, guaranteeing all human beings their basic human rights, without exception.”
We call on the Government of Guyana to do as it has done in the past, and to ensure that regardless of what the perceptions of gay, lesbian, bisexual or transgender persons are, that the government will not endorse the torture or killing of people because of their sexual orientation or gender identity.
To fail to do so is to reverse the progress Guyana has made locally and internationally in advancing human rights.
Wednesday, December 15, 2010
Tuesday, November 09, 2010
Inter-American Commission on Human Rights Heightens Commitment to LGBT Rights at Hearing on Punitive Measures and Discrimination in the Caribbean
Georgetown, Guyana, November 9, 2010 - On Tuesday, October 26, 2010, four representatives of the Lesbian, Gay Bisexual and Transgender (LGBT) communities in the English-speaking Caribbean participated in a thematic hearing before five of the seven Commissioners of the Inter-American Commission on Human Rights (IACHR) in Washington, DC. The Commissioners who sat for the hearing were Paulo Sérgio Pinheiro (First Vice Chair); Dinah Shelton (Second Vice Chair); Rodrigo Escobar Gil; Luz Patricia Mejía Guerrero and María Silvia Guillén.
The IACHR is the body of the Organization of American States (OAS) responsible for the promotion and protection of human rights in the Inter-American system and the hearing was facilitated in accordance with OAS resolution 2600 ‘Human Rights, Sexual Orientation and Gender Identity’ which mandated the IACHR to report on the status of human rights of LGBT at the next General Assembly of the OAS in June 2011.
The petitioners, representing organizations from Barbados, Guyana, Jamaica, and Trinidad and Tobago, presented a 72-page report detailing the situation of LGBT people in the region and requested the assistance of the IACHR in helping to repeal the laws that criminalize same-sex sexual behaviors, expression and identities in the Anglophone Caribbean.
One of the key points made in the hearing, was that the existence of the laws that criminalize same-sex sexual behaviors, expression and identities result in widespread societal stigma and discrimination on the basis of sexual orientation, significantly restricting LGBT people’s ability to live safe, happy and fulfilling lives.
Maurice Tomlinson, of AIDS-Free World (Jamaica), reviewed the various laws and their penalties, and gave examples of how they affected gay men in the region; Patsy Grannum of MOVADAC- Movement Against Discrimination Action Committee (Barbados), spoke about how the laws impacted lesbian women; Ashily Dior of CAISO- Coalition Advocating Inclusion of Sexual Orientation (Trinidad and Tobago) advocated for the rights of transgender individuals and Sherlina Nageer of SASOD- the Society Against Sexual Orientation Discrimination (Guyana) discussed the deleterious effect of the laws on the response to HIV in the region.
The petitioners urged the Commissioners to consider that the Caribbean countries which retain these colonial-era laws against homosexuality foster an environment in which real and perceived homosexuals are regularly threatened, harassed, raped, murdered, and otherwise ill-treated. Because their sexual identity has been criminalized, LGBT people in these countries often feel unable to seek legal remedies when their human rights are violated.
Finally, the petitioners called for the repeal of these discriminatory laws as an essential step in winning the Caribbean’s response to HIV, since stigma and discrimination often prevents LGBT people from seeking vital HIV prevention, treatment, care and support services.
The Commissioners acknowledged the seriousness of this issue and pledged their full support to LGBT individuals and organizations in the Anglophone Caribbean that are working on these issues. The Commissioners also urged affected individuals and organizations to continue to inform and involve them about the status of LGBT human rights in accordance with the OAS resolution, and to utilize all the tools and mechanisms available through the Inter-American human rights system in their efforts. In its release reporting at the conclusion of the 140th period on November 5, the Commission affirmed its commitment to intensify its efforts to defend the rights of LGBT persons and prepare a hemispheric report on this issue.
The participation of the petitioners at the hearing and the preparation of the report was made possible through support from the United Nations Development Programme (UNDP), the Joint United Nations Programme on HIV and AIDS (UNAIDS), the Open Society Institute (OSI), AIDS-Free World, Global Rights and the International Gay and Lesbian Human Rights Commission (IGLHRC).
ENDS
Related Information:
IACHR Press Release on the 140th Period of Sessions:
Audio File of the Thematic Hearing on the Punitive Measures and Discrimination on the Basis of Sexual Identity in Caribbean Countries at the 140th Period of Sessions of the IACHR:
Photo Caption:
LGBT Panelists at the IACHR Thematic Hearing on October 26, 2010, during the 140th Period of Sessions (from left to right): Patsy Grannum (MOVADOC – Barbados), Stefano Fabeni (Global Rights), Maurice Tomlinson (AIDS-Free World – Jamaica), Sherlina Nageer (SASOD – Guyana), Marcelo Ferreyra (IGLHRC) and Ashily Dior (CAISO – Trinidad and Tobago).
Contact Persons:
In Georgetown, for SASOD, Sherlina Nageer (English): +592 653-3734; or +592 672-3483
In Buenos Aires, for IGLHRC, Marcelo Ferreyra (Spanish, English): +54 11 4665 7527
Friday, July 02, 2010
Response to Inter Religious Organisation on condemnation of the film festival
Dear Editor
Thanks for publishing this open letter to the Inter-Religious Organisation, since we do not think it is appropriate to write to them in care of the Ethnic Relations Commission’s Secretariat - which we believe is a publicly-funded, state body and not a faith institution.To The Members of the Inter-Religious Organisation (IRO):
We were surprised to read reports in sections of the press that comments made by the Chair of the Ethnic Relations Commission, and Public Relations Officer of the IRO, Mr. Edghill, about the SASOD Film Festival. We are very concerned about the allegations made against SASOD - and by extension Sidewalk Café – about breaking the law and we regret that the IRO did not seek to raise any issues with us to clarify their misconceptions instead of making these baseless allegations in the public domain, which we view as damaging to our good name and reputation and that of our associates and partners.
In a society which is marred by conflict and the abuses of power, it is not easy to try alternative ways of engagement which are not meant to destroy or humiliate. But, try we must and in the spirit of the Film Festival's mission to promote discussion and education about the diversity of sexual orientations and gender identities in this country, we therefore make ourselves available to dialogue with the IRO and with any other interested parties about their concerns.
The SASOD Film Festival engages every year with faith and spirituality, and we affirmed this year at our “Spectrum Celebration” concert the importance of faith and spirituality in the face of all oppressions. We hope that the dialogue with IRO could begin with those common values. We can be contacted via email at sasod_guyana@yahoo.com or by telephone at 698-1174, 686-0835 or 617-6107.
Yours respectfully,
Joel Simpson and
Namela Baynes-Henry
Co-Chairpersons
on behalf of SASOD
Friday, June 11, 2010
OAS approves third resolution on "Human Rights, Sexual Orientation and Gender Identity"
THE COALITION OF LGBTTTI ORGANIZATIONS FROM 17 LATIN AMERICAN AND CARIBBEAN COUNTRIES WORKING WITHIN THE OAS SUPPORTS THE APPROVAL OF THE THIRD RESOLUTION ON HUMAN RIGHTS, SEXUAL ORIENTATION AND GENDER IDENTITY
The Organization of American States (OAS), convened in its 40th General Assembly in Lima, Peru, approved on June 8, 2010, a resolution on human rights, sexual orientation and gender identity in the countries of the Americas.
This resolution is the result of the advocacy and coordination activities realized in the past four years by more than 20 LGBTTTI groups from 17 countries forming a Coalition of Latin America and the Caribbean, which meets every year before the General Assembly to coordinate its advocacy work within the OAS.
As usual, the Coalition held its parallel event in preparation for the General Assembly to discuss strategies of involvement and advocacy within the OAS and more specifically during the 40th General Assembly. Guest participants at the event included Ambassador Santiago Canton, Executive Secretary of the Inter-American Commission on Human Rights who expressed the commitment of the body in monitoring human rights violations on the grounds of sexual orientation and gender identity and offered an overview of the remedies available for the LGBTTTI communities in the region; Dante Negro, director of the Department of International Law of the OAS, who offered a detailed legal analysis of the draft resolution “Human Rights, Sexual Orientation and Gender Identity” and highlighted the achievements attained within the OAS on the issue; Irene Klinger, director of the Department of International Relations of the OAS, who highlighted the importance of the involvement of LGBTTTI civil society in all processes of the Organization, and particularly in its 40th General Assembly. A delegation from UNAIDS in Peru also attended the meeting.
During the informal dialogue between the Secretary General of the OAS and the civil society in Lima, three delegates from the LGBTTTI coalition questioned Secretary General José Miguel Insulza on some of the most relevant human rights violations occurring in the hemisphere, such as: the existence of legislation criminalizing same sex conducts in the English-speaking Caribbean and the related human rights abuses; human rights violations committed against the travesti, transsexual and transgender communities, as well as the lack of legal recognition of gender identity, by most of the member states; the restrictive trend that Peru is taking on the issue, specifically by having repealed reference to sexual orientation and gender identity from antidiscrimination clauses of several pieces of legislation. Mr. Insulza, recently re-elected for a second mandate to lead the OAS, reiterated his commitment and the commitment of the OAS to keep engaging with the aim of combating discrimination on grounds of sexual orientation and gender identity.
The day after, in the context of the dialogue between the heads of delegations of member states and the civil society, Sherlina Nageer, Guyanese activist and representative of the Society Against Sexual Orientation Discrimination (SASOD),
read a statement (attached) as spokesperson of the Coalition in which activists from Chile, Argentina, Colombia, Peru, Dominican Republic, Paraguay, Brazil, Ecuador, Haiti, Guyana, Jamaica, and Belize reiterating to the ministers of foreign affairs the concerns already discussed on the previous day, additionally requesting member states to amend their domestic violence legislation to include the issue of violence experienced by lesbian and trans women within their families.
The Ambassador of Brazil to the OAS focused his intervention on the fight against homophobia reminding the meeting of the initiative that President Lula of Brazil recently undertook by officially establishing May 17 as National Day Against Homophobia in Brazil.
During the Assembly, the delegates from the LGBTTTI Coalition had a chance to have a formal meeting with Felipe Gonzalez, current Chairperson of the Inter-American Commission on Human Rights to discuss human rights violations based on sexual orientation and gender identity in the hemisphere.
On June 8, during the last plenary session, the Annual Report of the Permanent Council (2009-2010), which contains the resolutions approved by the Permanent Council itself were presented. Among those, the resolution AG/RES. 2600 (XL-O/10) “Human Rights, Sexual Orientation and Gender Identity” (also attached) was adopted. Its text ratifies what was established in the previous years by the resolutions AG/RES.2435 (XXXVIII-O/08) and AG/RES. 2504 (XXXIX-O/09) entitled “Human Rights, Sexual Orientation and Gender Identity”.
The new resolution, presented by Brazil and co-sponsored by Bolivia, not only condemns acts of violence and human rights violations perpetrated against individuals because of their sexual orientation and gender identity, and expresses its concern for violence against human rights defenders that work on related violations, but calls on member states to take all necessary measures to combat violations on grounds of sexual orientation and gender identity, ensuring full access to justice for the victims, and request the Inter-American Commission on Human Rights to consider the possibility of conducting a thematic study.
For the first time, the resolution includes the notion of discrimination on grounds of sexual orientation and gender identity, inviting the states to adopt measures against it.
As a Coalition, we celebrate the approval of this third resolution that we consider one of the tangible results of the advocacy work started in 2006 by Global Rights, Mulabi - Espacio Latinoamericano de Sexualidades y Derechos and the International Gay and Lesbian Human Rights Commission (IGLHRC) – Latin America and the Caribbean, by coordinating the creation of this Coalition that initially focused its work on the advocacy for the inclusion of sexual orientation, gender identity and expression in the draft Inter-American Convention against Racism and all Forms of Discrimination and Intolerance.
We thank Astraea Lesbian Foundation for Justice, IGLHRC, and Global Rights for their support, making our participation in this year’s General Assembly possible.
The participants of the Coalition of LGBTTTI Organizations of Latin America and the Caribbean within the OAS were:
AIREANA - Camila Zabala – Paraguay, COLECTIVA MUJER y SALUD - Julie Betances – Dominican Republic, COLECTIVO “ANGEL AZUL”- RED LACTRANS - Jana Villaizán – Peru, COLECTIVO CONTRANATURAS – Paúl Flores Arroyo – Peru, CORPORACIÓN PROMOCIÓN DE LA MUJER - Tatiana Cordero - Ecuador, IGLHRC-LAC – Fernando D’Elio – Argentina, ASOCIACIÓN LIDERES EN ACCION - Germán Rincón Perfetti - Colombia, MOVIMENTO HOMOSEXUAL DE LIMA - Giovanny Romero Infante – Peru, MOVIMIENTO MANUELA RAMOS – Eduardo Jesus Juarez Villafuerte – Peru, ORGANIZACIÓN DE TRANSEXUALES POR LA DIGNIDAD DE LA DIVERSIDAD - Franco Fuica – Chile, PROMSEX - George Liendo – Peru, RED AFRO LGBTI - Edmilson Medeiros - Brazil, J-FLAG - Maurice Tomlinson – Jamaica, RED LACTRANS - Marcela Romero - Argentina, SENTIMOS DIVERSO – Zulma Quintero – Colombia, SEROvie – Steeve Laguerre – Haiti, SOCIETY AGAINST SEXUAL ORIENTATION DISCRIMINATION- Sherlina Nageer - Guyana, UNIBAM - Devon Gabourel – Belize.
As Coalition partner: Stefano Fabeni – Global Rights
Lima, Peru
June 8, 2010
Attachments:
(1) Photograph: SASOD’s Sherlina Nageer presenting the Lima declaration on behalf of the Coalition of LGBTTTI Organisations from Latin America and the Caribbean at the dialogue between heads of delegations of member states and civil society
(2) The Lima Declaration of the LGBTTTI Coalition and the OAS’ 2010 Resolution on “Human Rights, Sexual Orientation and Gender Identity”
LIMA DECLARATION OF THE COALITION OF LESBIAN, GAY, BISEXUAL, TRAVESTI, TRANSSEXUAL, TRANSGENDER & INTERSEX ORGANISATIONS OF THE AMERICAS
Mister Secretary General, Ministers, Members of the Official Delegations, Civil Society Representatives,
We, the Lesbian, Gay, Bisexual, Travesti, Transsexual, Transgender and Intersex organizations, convened in Lima, Peru on June 3 and 4, 2010, in accordance with the directives established by the General Assembly of the OAS in its resolutions AG/RES.2092(XXXV-O/05); CP/RES.759(1217/99); 840(1361/03); AG/RES.1707(XXX-O/00) and AG/RES.1915(XXXIII-O/03), which determine a regulatory framework to enhance and strengthen civil society participation in activities of the Organisation of American States (OAS) and in the Summit of the Americas process, highlighting the importance of the resolution AG/RES. 2504 (XXXIX-O/09):
Express our concern that the draft Declaration of Lima does not substantively link the notions of peace and security to the promotion of human rights and non-discriminatory policies, based on sexual orientation, gender identity and expression, nor for people of African descent, the indigenous, women, youth, migrants, the elderly, persons living with disabilities or in poverty.
Policies for economic and social development must be related to wellbeing and affirmation of human rights. We are therefore alarmed about the introduction of legislation that removes protection for individuals based on sexual orientation, gender identity and expression, as well as the breach of the principle of State secularism, particularly concerning institutional policies and practices.
We emphasize that neither peace nor security are possible if everyone does not have a right to develop a plan for their life, and enjoy fundamental rights and freedoms protected by states.
This is the case of lesbian women, blackmailed by their families and forcibly confined in “rehabilitation” clinics, threatened and raped as corrective practice, denied the right to education and economic independence, deprived of custody of their children, whom are also affected by prejudice and discrimination.
Similarly, colonial laws still in force in eleven English-speaking Caribbean countries criminalizing cross-dressing, buggery, gross indecency, acts against the order of nature allow for violence, harassment, intimidation, brutality and other human rights violations by state and non-state actors. Examples include home invasions, expulsions from homes, communities, and school.
Also, transsexual, transgender, travesti and intersex persons are deprived of legal recognition of their gender identity, obliged to “normalize” their bodies, even through forced sterilization and mutilations, which may occur in early childhood. Their rights to health, housing, work, and education are thus jeopardized, as is their full enjoyment of citizenship.
Therefore, we demand:
That member states of the English-speaking Caribbean repeal all legislation criminalizing relationships between same-sex consenting adults which limit the free development of their personalities;
That all member states introduce legislation to protect, guarantee and promote equality of individuals regardless of their sexual orientation, gender identity and expression;
That all member states revise their domestic violence legislation to include violence experienced by lesbian, transgender and transsexual women within their own families;
That member states reform educational policies starting from primary school, in an effort to combat violence caused by gender stereotypes, which particularly affect transsexual, transgender, travesti and intersex individuals;
That the General Assembly approves the draft Resolution AG/doc. 5091/10 “Human Rights, Sexual Orientation and Gender Identity” presented by the Brazilian Delegation, whose initiative we fully endorse;
That the General Assembly approves the draft Resolution AG/doc. 5097/10 “Draft Inter-American Convention against Racism and all Forms of Discrimination and Intolerance” and that Member States finalize the negotiation of the draft accepting the progress achieved during the past years.
We call attention to the omission and inaction of states in guaranteeing our physical, psychological, sexual and reproductive integrity, our legal security and access to justice. States owe a debt to our communities: end impunity now!
Lima, Peru
June 6, 2010
AG/RES. 2600 (XL-O/10)
HUMAN RIGHTS, SEXUAL ORIENTATION, AND GENDER IDENTITY
(Adopted at the fourth plenary session, held on June 8, 2010)
THE GENERAL ASSEMBLY,
TAKING INTO ACCOUNT resolutions AG/RES. 2435 (XXXVIII-O/08) and AG/RES. 2504 (XXXIX-O/09), “Human Rights, Sexual Orientation, and Gender Identity”;
REAFFIRMING:
That the Universal Declaration of Human Rights affirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in that instrument, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status; and
That the American Declaration of the Rights and Duties of Man establishes that every human being has the right to life, liberty, and the security of the person;
CONSIDERING that the Charter of the Organization of American States proclaims that the historic mission of America is to offer to man a land of liberty and a favorable environment for the development of his personality and the realization of his just aspirations;
REAFFIRMING the principles of universality, indivisibility, and interdependence of human rights;
TAKING NOTE of the Declaration on Sexual Orientation and Gender Identity, presented to the United Nations General Assembly on December 18, 2008; and
NOTING WITH CONCERN the acts of violence and related human rights violations as well as discrimination practiced against persons because of their sexual orientation and gender identity,
RESOLVES:
1. To condemn acts of violence and human rights violations committed against persons because of their sexual orientation and gender identity; and to urge states to investigate these acts and violations and to ensure that their perpetrators are brought to justice.
2. To encourage states to take all necessary measures to ensure that acts of violence and related human rights violations are not committed against persons because of their sexual orientation, gender identity, and to ensure that the victims are given access to justice on an equal footing with other persons.
3.To encourage member states to consider ways to combat discrimination against persons because of their sexual orientation and gender identity.
4.To urge states to ensure adequate protection for human rights defenders who work on issues related to acts of violence, discrimination, and human rights violations committed against persons because of their sexual orientation and gender identity.
5.To request the Inter-American Commission on Human Rights to continue to pay due attention to this issue and to consider the possibility of conducting a thematic study of it at the hemispheric level.
6.To instruct the Committee on Juridical and Political Affairs to include on its agenda, before the forty-first regular session of the General Assembly, the topic of “Human rights, sexual orientation, and gender identity.”
7.To request the Permanent Council to report to the General Assembly at its forty-first regular session on the implementation of this resolution. Execution of its activities shall be subject to the financial resources available in the program-budget of the Organization and other resources.
The Organization of American States (OAS), convened in its 40th General Assembly in Lima, Peru, approved on June 8, 2010, a resolution on human rights, sexual orientation and gender identity in the countries of the Americas.
This resolution is the result of the advocacy and coordination activities realized in the past four years by more than 20 LGBTTTI groups from 17 countries forming a Coalition of Latin America and the Caribbean, which meets every year before the General Assembly to coordinate its advocacy work within the OAS.
As usual, the Coalition held its parallel event in preparation for the General Assembly to discuss strategies of involvement and advocacy within the OAS and more specifically during the 40th General Assembly. Guest participants at the event included Ambassador Santiago Canton, Executive Secretary of the Inter-American Commission on Human Rights who expressed the commitment of the body in monitoring human rights violations on the grounds of sexual orientation and gender identity and offered an overview of the remedies available for the LGBTTTI communities in the region; Dante Negro, director of the Department of International Law of the OAS, who offered a detailed legal analysis of the draft resolution “Human Rights, Sexual Orientation and Gender Identity” and highlighted the achievements attained within the OAS on the issue; Irene Klinger, director of the Department of International Relations of the OAS, who highlighted the importance of the involvement of LGBTTTI civil society in all processes of the Organization, and particularly in its 40th General Assembly. A delegation from UNAIDS in Peru also attended the meeting.
During the informal dialogue between the Secretary General of the OAS and the civil society in Lima, three delegates from the LGBTTTI coalition questioned Secretary General José Miguel Insulza on some of the most relevant human rights violations occurring in the hemisphere, such as: the existence of legislation criminalizing same sex conducts in the English-speaking Caribbean and the related human rights abuses; human rights violations committed against the travesti, transsexual and transgender communities, as well as the lack of legal recognition of gender identity, by most of the member states; the restrictive trend that Peru is taking on the issue, specifically by having repealed reference to sexual orientation and gender identity from antidiscrimination clauses of several pieces of legislation. Mr. Insulza, recently re-elected for a second mandate to lead the OAS, reiterated his commitment and the commitment of the OAS to keep engaging with the aim of combating discrimination on grounds of sexual orientation and gender identity.
The day after, in the context of the dialogue between the heads of delegations of member states and the civil society, Sherlina Nageer, Guyanese activist and representative of the Society Against Sexual Orientation Discrimination (SASOD),
read a statement (attached) as spokesperson of the Coalition in which activists from Chile, Argentina, Colombia, Peru, Dominican Republic, Paraguay, Brazil, Ecuador, Haiti, Guyana, Jamaica, and Belize reiterating to the ministers of foreign affairs the concerns already discussed on the previous day, additionally requesting member states to amend their domestic violence legislation to include the issue of violence experienced by lesbian and trans women within their families.The Ambassador of Brazil to the OAS focused his intervention on the fight against homophobia reminding the meeting of the initiative that President Lula of Brazil recently undertook by officially establishing May 17 as National Day Against Homophobia in Brazil.
During the Assembly, the delegates from the LGBTTTI Coalition had a chance to have a formal meeting with Felipe Gonzalez, current Chairperson of the Inter-American Commission on Human Rights to discuss human rights violations based on sexual orientation and gender identity in the hemisphere.
On June 8, during the last plenary session, the Annual Report of the Permanent Council (2009-2010), which contains the resolutions approved by the Permanent Council itself were presented. Among those, the resolution AG/RES. 2600 (XL-O/10) “Human Rights, Sexual Orientation and Gender Identity” (also attached) was adopted. Its text ratifies what was established in the previous years by the resolutions AG/RES.2435 (XXXVIII-O/08) and AG/RES. 2504 (XXXIX-O/09) entitled “Human Rights, Sexual Orientation and Gender Identity”.
The new resolution, presented by Brazil and co-sponsored by Bolivia, not only condemns acts of violence and human rights violations perpetrated against individuals because of their sexual orientation and gender identity, and expresses its concern for violence against human rights defenders that work on related violations, but calls on member states to take all necessary measures to combat violations on grounds of sexual orientation and gender identity, ensuring full access to justice for the victims, and request the Inter-American Commission on Human Rights to consider the possibility of conducting a thematic study.
For the first time, the resolution includes the notion of discrimination on grounds of sexual orientation and gender identity, inviting the states to adopt measures against it.
As a Coalition, we celebrate the approval of this third resolution that we consider one of the tangible results of the advocacy work started in 2006 by Global Rights, Mulabi - Espacio Latinoamericano de Sexualidades y Derechos and the International Gay and Lesbian Human Rights Commission (IGLHRC) – Latin America and the Caribbean, by coordinating the creation of this Coalition that initially focused its work on the advocacy for the inclusion of sexual orientation, gender identity and expression in the draft Inter-American Convention against Racism and all Forms of Discrimination and Intolerance.
We thank Astraea Lesbian Foundation for Justice, IGLHRC, and Global Rights for their support, making our participation in this year’s General Assembly possible.
The participants of the Coalition of LGBTTTI Organizations of Latin America and the Caribbean within the OAS were:
AIREANA - Camila Zabala – Paraguay, COLECTIVA MUJER y SALUD - Julie Betances – Dominican Republic, COLECTIVO “ANGEL AZUL”- RED LACTRANS - Jana Villaizán – Peru, COLECTIVO CONTRANATURAS – Paúl Flores Arroyo – Peru, CORPORACIÓN PROMOCIÓN DE LA MUJER - Tatiana Cordero - Ecuador, IGLHRC-LAC – Fernando D’Elio – Argentina, ASOCIACIÓN LIDERES EN ACCION - Germán Rincón Perfetti - Colombia, MOVIMENTO HOMOSEXUAL DE LIMA - Giovanny Romero Infante – Peru, MOVIMIENTO MANUELA RAMOS – Eduardo Jesus Juarez Villafuerte – Peru, ORGANIZACIÓN DE TRANSEXUALES POR LA DIGNIDAD DE LA DIVERSIDAD - Franco Fuica – Chile, PROMSEX - George Liendo – Peru, RED AFRO LGBTI - Edmilson Medeiros - Brazil, J-FLAG - Maurice Tomlinson – Jamaica, RED LACTRANS - Marcela Romero - Argentina, SENTIMOS DIVERSO – Zulma Quintero – Colombia, SEROvie – Steeve Laguerre – Haiti, SOCIETY AGAINST SEXUAL ORIENTATION DISCRIMINATION- Sherlina Nageer - Guyana, UNIBAM - Devon Gabourel – Belize.
As Coalition partner: Stefano Fabeni – Global Rights
Lima, Peru
June 8, 2010
Attachments:
(1) Photograph: SASOD’s Sherlina Nageer presenting the Lima declaration on behalf of the Coalition of LGBTTTI Organisations from Latin America and the Caribbean at the dialogue between heads of delegations of member states and civil society
(2) The Lima Declaration of the LGBTTTI Coalition and the OAS’ 2010 Resolution on “Human Rights, Sexual Orientation and Gender Identity”
LIMA DECLARATION OF THE COALITION OF LESBIAN, GAY, BISEXUAL, TRAVESTI, TRANSSEXUAL, TRANSGENDER & INTERSEX ORGANISATIONS OF THE AMERICAS
Mister Secretary General, Ministers, Members of the Official Delegations, Civil Society Representatives,
We, the Lesbian, Gay, Bisexual, Travesti, Transsexual, Transgender and Intersex organizations, convened in Lima, Peru on June 3 and 4, 2010, in accordance with the directives established by the General Assembly of the OAS in its resolutions AG/RES.2092(XXXV-O/05); CP/RES.759(1217/99); 840(1361/03); AG/RES.1707(XXX-O/00) and AG/RES.1915(XXXIII-O/03), which determine a regulatory framework to enhance and strengthen civil society participation in activities of the Organisation of American States (OAS) and in the Summit of the Americas process, highlighting the importance of the resolution AG/RES. 2504 (XXXIX-O/09):
Express our concern that the draft Declaration of Lima does not substantively link the notions of peace and security to the promotion of human rights and non-discriminatory policies, based on sexual orientation, gender identity and expression, nor for people of African descent, the indigenous, women, youth, migrants, the elderly, persons living with disabilities or in poverty.
Policies for economic and social development must be related to wellbeing and affirmation of human rights. We are therefore alarmed about the introduction of legislation that removes protection for individuals based on sexual orientation, gender identity and expression, as well as the breach of the principle of State secularism, particularly concerning institutional policies and practices.
We emphasize that neither peace nor security are possible if everyone does not have a right to develop a plan for their life, and enjoy fundamental rights and freedoms protected by states.
This is the case of lesbian women, blackmailed by their families and forcibly confined in “rehabilitation” clinics, threatened and raped as corrective practice, denied the right to education and economic independence, deprived of custody of their children, whom are also affected by prejudice and discrimination.
Similarly, colonial laws still in force in eleven English-speaking Caribbean countries criminalizing cross-dressing, buggery, gross indecency, acts against the order of nature allow for violence, harassment, intimidation, brutality and other human rights violations by state and non-state actors. Examples include home invasions, expulsions from homes, communities, and school.
Also, transsexual, transgender, travesti and intersex persons are deprived of legal recognition of their gender identity, obliged to “normalize” their bodies, even through forced sterilization and mutilations, which may occur in early childhood. Their rights to health, housing, work, and education are thus jeopardized, as is their full enjoyment of citizenship.
Therefore, we demand:
That member states of the English-speaking Caribbean repeal all legislation criminalizing relationships between same-sex consenting adults which limit the free development of their personalities;
That all member states introduce legislation to protect, guarantee and promote equality of individuals regardless of their sexual orientation, gender identity and expression;
That all member states revise their domestic violence legislation to include violence experienced by lesbian, transgender and transsexual women within their own families;
That member states reform educational policies starting from primary school, in an effort to combat violence caused by gender stereotypes, which particularly affect transsexual, transgender, travesti and intersex individuals;
That the General Assembly approves the draft Resolution AG/doc. 5091/10 “Human Rights, Sexual Orientation and Gender Identity” presented by the Brazilian Delegation, whose initiative we fully endorse;
That the General Assembly approves the draft Resolution AG/doc. 5097/10 “Draft Inter-American Convention against Racism and all Forms of Discrimination and Intolerance” and that Member States finalize the negotiation of the draft accepting the progress achieved during the past years.
We call attention to the omission and inaction of states in guaranteeing our physical, psychological, sexual and reproductive integrity, our legal security and access to justice. States owe a debt to our communities: end impunity now!
Lima, Peru
June 6, 2010
AG/RES. 2600 (XL-O/10)
HUMAN RIGHTS, SEXUAL ORIENTATION, AND GENDER IDENTITY
(Adopted at the fourth plenary session, held on June 8, 2010)
THE GENERAL ASSEMBLY,
TAKING INTO ACCOUNT resolutions AG/RES. 2435 (XXXVIII-O/08) and AG/RES. 2504 (XXXIX-O/09), “Human Rights, Sexual Orientation, and Gender Identity”;
REAFFIRMING:
That the Universal Declaration of Human Rights affirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in that instrument, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status; and
That the American Declaration of the Rights and Duties of Man establishes that every human being has the right to life, liberty, and the security of the person;
CONSIDERING that the Charter of the Organization of American States proclaims that the historic mission of America is to offer to man a land of liberty and a favorable environment for the development of his personality and the realization of his just aspirations;
REAFFIRMING the principles of universality, indivisibility, and interdependence of human rights;
TAKING NOTE of the Declaration on Sexual Orientation and Gender Identity, presented to the United Nations General Assembly on December 18, 2008; and
NOTING WITH CONCERN the acts of violence and related human rights violations as well as discrimination practiced against persons because of their sexual orientation and gender identity,
RESOLVES:
1. To condemn acts of violence and human rights violations committed against persons because of their sexual orientation and gender identity; and to urge states to investigate these acts and violations and to ensure that their perpetrators are brought to justice.
2. To encourage states to take all necessary measures to ensure that acts of violence and related human rights violations are not committed against persons because of their sexual orientation, gender identity, and to ensure that the victims are given access to justice on an equal footing with other persons.
3.To encourage member states to consider ways to combat discrimination against persons because of their sexual orientation and gender identity.
4.To urge states to ensure adequate protection for human rights defenders who work on issues related to acts of violence, discrimination, and human rights violations committed against persons because of their sexual orientation and gender identity.
5.To request the Inter-American Commission on Human Rights to continue to pay due attention to this issue and to consider the possibility of conducting a thematic study of it at the hemispheric level.
6.To instruct the Committee on Juridical and Political Affairs to include on its agenda, before the forty-first regular session of the General Assembly, the topic of “Human rights, sexual orientation, and gender identity.”
7.To request the Permanent Council to report to the General Assembly at its forty-first regular session on the implementation of this resolution. Execution of its activities shall be subject to the financial resources available in the program-budget of the Organization and other resources.
Wednesday, June 09, 2010
Remembering DUSILLEY CANNINGS - G+
Tributes shared on the SASOD yahoo group..
Photo shared by Nazim Hussain
"We cant take her place but we can continue her work...
May her work and her life be an example to us all.
RIP Dusilley...
You and your work have made a mark
Mark"
"Dusilley was very supportive of SASOD and our work, even serving as referee for our projects before she became seriously ill. In those days, Dusilley took the lead as the focal point for CVC member organisations in Guyana and served well. On behalf of SASOD, I extend condolencses to Dusilley's family and friends. May her soul rest in peace.
Yours,
Joel"
"I met her a few times at regional meetings. She was full of spirit when we talked.
May she rest in peace.
Caleb Orozco'
"I really liked Dusilley, we always connected when we met
I have missed seeing her these past few years
Well I for one believe she is a much better place
warm regards
Marcus"
Monday, May 17, 2010
From the Intl Candlelight Memorial
From STabroek News, 17 May, 2010
Many Lights for Human Rights: This is the theme under which the Society Against Sexual Orient-ation Discrimination (SASOD) hosted the 2010 International AIDS Candlelight Memorial at the St. George’s Cathedral yesterday. SASOD members lit candles in remembrance of those who died from HIV/AIDS as others look on and spoke out against stigma and discrimination.
Monday, February 22, 2010
Marking World Day of Social Justice, Transgender citizens, supported by SASOD, move to the courts to challenge Guyana’s law against ‘cross-dressing’
Long misunderstood and seen as legitimate targets for discrimination and abuse, transgender citizens used the occasion of the international commemoration of World Day of Social Justice to file a motion against Guyana’s law criminalizing ‘cross-dressing.’ On Friday, February 19, 2010, the notice of motion was filed before the Supreme Court of Judicature for redress claiming, among other relief, to have section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act, Chapter 8:02, invalidated as irrational, discriminatory, undemocratic, contrary to the rule of law and unconstitutional. The law makes an offence of “being a man, in any public way or public place, for any improper purpose, appears in female attire, or being a woman, in any public way or public place, for any improper purpose, appears in male attire.”
February 20, 2010, marks the second annual commemoration of World Day of Social Justice, which recognizes, in the words of United Nations General Assembly Resolution (A/RES/62/10), that “social development and social justice cannot be attained… in the absence of respect for all human rights and fundamental freedoms.” In his message to mark the day, UN Secretary General Ban Ki-moon explained that “social justice is based on the values of fairness, equality, respect for diversity, access to social protection, and the application of human rights in all spheres of life.”
The day was chosen to address an act of social injustice against one of Guyana’s most marginalised social groups which took place last year. Transgender persons refer to people whose gender identity and/or expression differs from the sex they were assigned at birth, including cross-dressers, female or male impersonators, pre-operative, post-operative or non-operative transsexuals. Trans people may define themselves as female-to-male (FtM, assigned a female biological sex at birth but who have a predominantly male gender identity) or male-to-female (MtF, assigned a male biological sex at birth but who have a predominantly female gender identity); others consider themselves as falling outside binary concepts of gender or sex.
In a series of crackdowns last year between February 6 and 7, the Guyana police arrested a number of male-to-female transgender persons (MtF Trans) and charged them for ‘cross-dressing’ under the archaic Colonial section 153(1)(xlvii) statute. Unrepresented and completely unaware of their rights, the defendants were detained in police custody over the week-end and then hustled through the legal system. When they appeared before Chief Magistrate Melissa Robertson on February 9, 2009, they were further ridiculed and told that they are men not women, before being fined by the learned Chief Magistrate. Seon Clarke, also known as Falatama, one of the persons arrested, said: “It was one of the most humiliating experiences of my life. I felt like I was less than human.” The motion also pleads that the Chief Magistrate was improperly influenced by irrelevant considerations, discriminated against the MtF Trans on the basis of religion, and violated a fundamental norm of Guyana as a secular state. Vigorous and wide-ranging calls within and out of Guyana for the repeal of these discriminatory laws which facilitate such injustices have been ignored by the government.
Since then, SASOD has forged partnerships with human rights interests in the local and regional arenas who have been working collectively and consistently on a voluntary basis over the past year to assist this marginalized group to obtain access to justice for the atrocities endured at the instance of the law enforcement authorities. The 2009 ‘cross-dressing’ crackdowns and prosecutions provided clear illustrations of how discriminatory laws are facilitating grave human rights’ abuses, in spite of the existence of an entrenched regime of human rights protection in the Guyana constitution. Leading the research initiatives to support strategic-impact, human-rights litigation in the region, Tracy Robinson of the University of the West Indies Rights Advocacy Project (U-RAP) based at the Cave Hill campus’ law faculty in Barbados described the arrests and prosecutions as “an unfortunate embodiment of the patriarchal use of coercive state power for no clear or rational purpose,” highlighting the need for law reform to ensure social justice and gender equity in Guyana and across the region.
SASOD has mobilized support from local and regional human rights attorneys to provide representation in what amounts to a ground-breaking constitutional case. According to Dr. Arif Bulkan, also of U-RAP and one of Guyanese attorneys involved in the litigation, “unless the wide-ranging constitutional reforms conducted in 2001 and 2003 are to be dismissed as pure window-dressing, then the emphasis placed on non-discrimination during that process should guide the High Court to interpret the expanded equality rights generously in order to protect one of our society’s most marginalised groups.”
Veronica Cenac, a St. Lucian attorney who serves as the human rights focal point on the Caribbean Vulnerable Communities Coalition board of governors, lauded SASOD for spearheading the case. “For way too long, we have allowed abuses against the most affected populations to go unchallenged,” she said, quoting the closing words of the UN Secretary-General’s message: “Lack of social justice anywhere is an affront to us all.”
2009 No. DEMERARA
IN THE HIGH COURT OF THE SUPREME COURT OF JUDCIATURE
CIVIL JURISDICTION
In the matter of the Constitution of the Co-operative Republic of Guyana.
-and-
In the matter of an application by QUINCY McEWAN, SEON CLARKE, JOSEPH FRASER, SEYON PERSAUD and SOCIETY AGAINST SEXUAL ORIENTATION DISCRIMINATION (SASOD) for redress under Article 153 of the Constitution for contravention of the applicants’ fundamental rights guaranteed by Articles 1, 40, 139, 144, 145, 146, 149 and 149D of the Constitution of the Co-operative Republic of Guyana.
BETWEEN:
- QUINCY McEWAN
- SEON CLARKE
- JOSEPH FRASER
- SEYON PERSAUD
- SOCIETY AGAINST SEXUAL ORIENTATION DISCRIMINATION – a duly constituted and registered Trust in Guyana by Trust Deed No. 1032 of 2006.
Applicants
-and-
THE ATTORNEY GENERAL
Respondents
ORIGINATING NOTICE OF MOTION
TAKE NOTICE that this Honourable Court will be moved on Monday the 21st day of February, 2010, at 9:00 o’clock in the forenoon or so soon thereafter as Counsel can be heard by MESSRS MILES FITZPATRICK S.C., C.A. NIGEL HUGHES, ARIF BULKAN and GINO PERSAUD, Counsel on behalf of the applicants, for redress under Article 153 of the Constitution of the Republic of Guyana in the following terms:
- a declaration that the refusal of the police to inform the first to the fourth named applicants of the reason for their arrest on February 6th and February 7th, 2009 and subsequent detention constituted a violation of their rights to be so informed as guaranteed by Articles 139(3) and 144(2)(b) of the Constitution of Guyana, for which they are entitled to redress;
- a declaration that the refusal by the police to permit the first to the fourth named applicants to retain and instruct a legal adviser of their choice upon their arrest and before they were first taken to court violated their rights under article 139(3) of the Constitution, for which they are entitled to redress;
- a declaration that the conduct proscribed by section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act, Chapter 8:02 of the Laws of Guyana, under which the first to the fourth named applicants were subsequently charged, is vague and of uncertain scope, rendering the offence purportedly created thereunder contrary to the Rule of Law and unconstitutional;
- a declaration that the said offence under s. 153(1)(xlvii) of Chapter 8:02 is irrational, discriminatory, undemocratic and contrary to Articles 1 and 40 of the Constitution;
- a declaration that the said offence under s. 153(1)(xlvii) of Chapter 8:02 affords different treatment to different persons because of non-conformity to stereotypes based on sex in contravention of the prohibition of discrimination on the grounds of sex and gender contained in Article 149(1) of the Constitution;
- a declaration that the said offence under s. 153(1)(xlvii) of Chapter 8:02, by authorizing different treatment based on sex stereotypes, contravenes the guarantee of equality before the law in Article 149D of the Constitution;
- a declaration that the said offence under s. 153(1)(xlvii) of Chapter 8:02, by preventing persons from giving expression to their gender identity and dressing in conformity with their innermost beliefs and orientation, contravenes the guarantee of freedom of expression contained in Article 146 of the Constitution;
- a declaration that all criminal proceedings against the first to the fourth named applicants arising out of their arrest between February 6th and 7th, 2009 based on the allegation of wearing female attire were unconstitutional, null, void and of no legal effect by reason of the contraventions of the Rule of Law and the explicit guarantees contained in Articles 1, 40, 139, 144, 149 and 149D of the Constitution;
- a declaration that the learned Chief Magistrate, in telling the first to the fourth named applicants in the course of the hearing that they must attend church and give their lives to Christ, was improperly influenced by irrelevant considerations, discriminated against them on the basis of religion, and violated a fundamental norm of the Co-operative Republic of Guyana as a secular State, in contravention of Articles 1, 40, 145 and 149(1) of the Constitution;
- damages
- such further or other relief as may be just;
- costs.
…………………………………………..
……………………………………………
……………………………………………
……………………………………………
Attorneys-at-Law for the Applicant
Dated at Georgetown, Demerara,
This 19th day of February, 2010
AND TAKE NOTICE that this Honourable Court is asked to make
such orders, issue such writs and give such directions as it may consider necessary for the purpose of enforcing the applicants’ fundamental rights guaranteed under the Constitution.
AND TAKE FURTHER NOTICE that the following are the grounds of this application:
- On Friday the 6th day of February, 2009 at approximately 8:30 p.m. the first and second named applicants were arrested at the corner of North Road and King Street in Georgetown, Demerara by members of the Police Force then on mobile patrol. At the time, these applicants were merely waiting on a taxi in order to meet up with friends at the D&J Snackette at 67 Leopold and Cross Streets in Werk-en-Rust, Georgetown.
2. Upon their arrest the first and second named applicants were ordered into the police vehicle and taken to the Brickdam police station. They inquired as to the reason for their arrest but the police refused to tell them. At the station they were photographed and then made to undress, after which they were placed in the lock-ups until Monday February 9th when they were taken to the Georgetown Magistrates’ Court.
3. In the course of the same night, at about 3:30 in the morning of February 7th, 2009, the third and fourth named applicants along with a third person were arrested out of an incident which arose while they were eating at the K&VC Snackette in Stabroek Market, Georgetown. At the time, these three were dressed in skirts and were wearing wigs, which attracted verbal abuse from onlookers.
- When the three responded, the said onlookers began to pelt them with bottles and other objects. They attempted to defend themselves, but outnumbered by the hostile crowd they were overpowered and forced to retreat.
- In the course of running away, the three persons were stopped in the vicinity of Parliament Buildings by members of the Police Force, arrested and taken to Brickdam police station.
- At the police station the three persons each inquired why they were being detained, but the police refused to answer, instead stating that they were not obliged to answer questions asked by “certain people”. They were all made to undress, in the course of which they were also subjected to full body searches.
- The three persons asked for medical attention because of the injuries received in the course of the incident at Stabroek Market at the hands of the hostile crowd, but the police denied their request.
- All four applicants along with the fifth person were detained at Brickdam police station until Monday, February 9th, and they did not learn of the charges against them until they were taken to court, when the Chief Magistrate informed them that they were charged with “loitering” and “wearing female attire” contrary to section 153(1)(xlvii) of Chapter 8:02.
- The four applicants along with the fifth person all pleaded guilty to the charge of “wearing female attire”, though at the time they were unrepresented and did not fully understand the nature of the proceedings or the applicability of the charge to them.
- After imposing sentence, the learned Chief Magistrate, Her Worship Ms. Melissa Robertson, told the applicants that they must go to church and should give their lives to Jesus Christ. Her Worship also told the applicants that they are confused about their sexuality and that they are men, not women. Her comments, which we are informed and verily believe to be true, were reported in the newspapers, including the Stabroek News of February 10th and 15th, 2009.
- The remaining charges against the applicants were eventually dismissed for want of prosecution.
.........................…………………
……………………………………………
…………………………………………….
……………………………………………
Attorneys-at-Law for the Applicant
Dated at Georgetown, Demerara,
This 19th day of February, 2010
AND TAKE FURTHER NOTICE that the applicant intends to use the affidavits of the Applicants filed in support of this Originating Notice of Motion and such other affidavits and/or viva voce evidence as Counsel may advise.
THIS ORIGINATING NOTICE OF MOTION is issued by MESSRS MILES FITZPATRICK S.C., NIGEL HUGHES, ARIF BULKAN and GINO PERSAUD whose address for service and place of business is at the Chambers of
De Caires, Fitzpatrick and Karran, 80 Cowan Street, Kingston, Georgetown, Demerara, Attorneys-at-Law for the Applicant.
.........................…………………
……………………………………………
……………………………………………
……………………………………………
Attorneys-at-Law for the Applicant
Dated at Georgetown, Demerara,
This 19th day of February, 2010
2010 No. DEMERARA
IN THE HIGH COURT OF THE SUPREME COURT OF JUDICATURE
CIVIL JURISDICTION
In the matter of the Constitution of the Republic of Guyana.
-and-
In the matter of an application by QUINCY McEWAN, SEON CLARKE, JOSEPH FRASER, SEYON PERSAUD and SOCIETY AGAINST SEXUAL ORIENTATION DISCRIMINATION (SASOD) for redress under Article 153 of the Constitution for contravention of the applicants’ fundamental rights guaranteed by Articles 1, 40, 139, 144, 145, 146, 149 and 149D of the Constitution of the Co-operative Republic of Guyana.
BETWEEN:
- QUINCY McEWAN
- SEON CLARKE
- JOSEPH FRASER
- SEYON PERSAUD
- SOCIETY AGAINST SEXUAL ORIENTATION DISCRIMINATION – a duly constituted and registered Trust in Guyana by Trust Deed No. 1032 of 2006.
Applicants
-and-
THE ATTORNEY GENERAL
Respondent
AFFIDAVIT IN SUPPORT OF MOTION
I, Joel Simpson, of ……………………………………………………………………………, being duly sworn, make oath and say as follows:
1. I am the agent of the fifth-named applicant herein and am authorised to swear this Affidavit on its behalf.
2. The Society Against Sexual Orientation Discrimination (hereinafter referred to as ‘SASOD’) is a Trust, duly constituted and registered in Guyana by Trust Deed No. 1032 of 2006, and whose registered office is at 180 Charlotte Street, Lacytown, Georgetown.
3. SASOD is a non-profit organisation whose registered objects are to advocate for the human rights of all persons in accordance with the Universal Declaration of Human Rights, to encourage acceptance of diversity in a plural society, and to work towards the elimination of discrimination particularly on the grounds of sexual orientation and identity as well as gender identity and expression.
4. The first to the fourth named Applicants herein were variously arrested between February 6th and February 7th, 2009, though at no time were they informed by any officer of the charge for which they were arrested, after which they were taken to Brickdam Police Station and detained without charge until February 9th, 2009.
5. On Monday the 9th February 2009 the first to the fourth named applicants were taken to the Georgetown Magistrate’s Court along with one Anthony Bess who had also been arrested with them, where they were all charged (inter alia) with ‘wearing female attire’ contrary to section 153(xlvii) of the Summary Jurisdiction (Offences) Act, Chapter 8:02 of the Laws of Guyana.
6. The said applicants, who were all unrepresented, pleaded guilty to the charge of ‘wearing female attire’ and were fined the sum of $7,500.00. In the course of the arraignment they were told by the Chief Magistrate Madame Melissa Robertson that they are confused about their sexuality in that they are men and not women, and that they must go to church and give their lives to Jesus Christ.
7. On 13th February, 2009 the first to fourth named Applicants came into the registered office of the fifth named Applicant where I interviewed and took statements from them as related above.
8. SASOD has been advised by its Attorneys-at-Law Messrs. Miles Greeves Fitzpatrick S.C., C.A. Nigel Huges, Arif Bulkan and Gino Peter Persaud and verily believes that the refusal of the police to inform the first to the fourth named applicants of the reason for their arrest and detention was contrary to article 139(3) of the Constitution and accordingly unlawful.
9. SASOD has been further advised by its Attorneys-at-Law herein and verily believes that by instructing them to attend church and give their lives to Jesus Christ the Chief Magistrate discriminated against them on the basis of religion, and violated a fundamental norm of the Co-operative Republic of Guyana as a secular State, in contravention of Articles 1, 40, 145 and 149(1) of the Constitution.
10. Because the first to the fourth named applicants are transgendered persons who are accordingly compelled to dress in the manner of the gender with which they identify, there exists an ever-present danger of them being arrested and charged in the future under the same section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act. In these circumstances SASOD has been advised by its Attorneys-at-Law herein and verily believes that the provisions of this offence pose a continuing threat to the Applicants’ right to be protected from discrimination on the ground of sex and gender under article 149 of the Constitution of Guyana, as well as their right to equality before the law and equal protection and benefit of the law under article 149D and their right to freedom of expression under article 146 of the said Constitution. SASOD is further advised by its Attorneys-at-Law herein and verily believes that this likelihood renders the said offence unconstitutional, null, void and of no effect.
11. SASOD is further advised by its Attorneys-at-Law herein and verily believes that section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act, Chapter 8:02 of the Laws of Guyana is vague and of uncertain scope as well as irrational and discriminatory on the ground of sex, rendering it a violation of articles 1, 40, 149 and 149D of the Constitution and thereby null, void and of no effect.
12. In the premises I respectfully pray that this Honourable Court would be pleased to grant the orders as prayed for in the Notice of Motion filed herein.
……………………………………………
Joel Simpson
Sworn to at Georgetown, Demerara,
This 19th day of February, 2010
BEFORE ME
A COMMISSIONER OF OATHS TO AFFIDAVITS
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