Cross-Dressing Suit Set for Appeal Hearing on July 13

Guyana’s Court of Appeal is expected to hear the case McEwan, Clarke, Fraser, Persaud and SASOD versus Attorney General of Guyana on Wednesday, July 13, 2016 at 9:00 AM at the Court of Appeal, 60 High Street, Kingston.  The Chancellor of the Judiciary, the Hon. Justice Carl Singh, is expected to preside over the hearing with a panel of appellate judges.

The case was filed in February 2010, following the widely reported arrests and convictions of seven transgender persons for the 1893 summary offence of ‘being a man’ and wearing ‘female’ attire in a public way or public place, for an improper purpose. Four of the convicted persons filed this action, along with SASOD who approached the Faculty of Law UWI Rights Advocacy Project (U-RAP) for advice in relation to the arrests. U-RAP proposed a constitutional challenge to the cross-dressing law, working with counsel Gino Persaud, who had already been counsel retained in the criminal matter.The entire legal team includes Mr. Miles Fitzpatrick SC, Mr. Nigel Hughes, Dr. Arif Bulkan, U-RAP Coordinator and Senior Lecturer at the Faculty of Law, UWI, St Augustine, and Mr. Gino Persaud.

After the case was filed, the organisation Guyana Trans United (GTU) was established to ensure respect for the dignity of transgender persons in Guyana and the protection of their human rights. The first named applicant/appellant Quincy (Gulliver) McEwan is a founder and the Executive Director of GTU. That organisation and its members are closely following this case.

SASOD calls on President to put words into action

 

On December 31, 2015 President Granger expressed his support for freedom of choice by Lesbian, Gay, Bisexual and Transgender (LGBT) persons in Guyana during his weekly media briefing, “The Public Interest”. The President stated that he is prepared to respect the rights of any adult to indulge in any practice, which is not harmful to others. President David Granger was further reported to have said, “I would like to feel that there should be some element, first, of respecting the human rights of individuals, and second, at the Governmental level, free choice; that persons should be able to express their views freely without necessarily sticking to a party line.”

SASOD can only describe the comments made by President Granger as a progressive step in the right directions towards respect for human rights and equality for all, however while noting that the issue has not been discussed at the level of Cabinet, President Granger maintained that human rights are paramount, over party opinions. 

Presently, Guyana is the only country in South America where homosexual acts are still illegal. Under the laws of Guyana, same-sex intimacy between men carries a possible punishment of life imprisonment.

SASOD commends the President’s stance, but needless to say the organisation looks forward to further engagement and legislative amendments which action his position. 

At a media engagement held at SASOD’s Charlotte Street office last Monday, January 11, the organisation issued the following statement: 

The Obama Administration’s Fact Sheet

The Obama Administration’s Accomplishments Promoting the Human Rights of Lesbian, Gay, Bisexual and Transgender People

The Obama Administration defends the human rights of LGBT people as part of our comprehensive human rights policy and as a priority of our foreign policy.  There are many things President Obama has done that the LGBT community can be proud of, including appointing a record number of LGBT persons to serve in his administration. 

In 2011, President Obama put into place the first U.S. Government strategy dedicated to combating human rights abuses against LGBT persons abroad.  Building on efforts already underway at the State Department and across the government, the President directed all U.S. Government agencies engaged overseas to combat the criminalization of LGBT status and conduct, to enhance efforts to protect vulnerable LGBT refugees and asylum seekers, to ensure that our foreign assistance promotes the protection of LGBT rights, to enlist international organizations in the fight against discrimination, and to respond swiftly to abuses against LGBT persons.  The Obama Administration’s record in support of the LGBT community includes:

• Repealing Don’t Ask, Don’t Tell: The President signed the bill to repeal Don’t Ask Don’t Tell on December 22, 2010, putting in motion the end of a discriminatory policy that ran counter to our values as Americans.  As of September 20, 2011, when the repeal took effect, gay, lesbian, and bisexual Americans can serve openly in our Armed Forces and without fear of losing their jobs for who they are and who they love.

• Ending the Legal Defense of the Defense of Marriage Act (DOMA): In February 2011, the President and Attorney General announced that the Department of Justice would no longer defend Section 3 of DOMA against equal protection constitutional challenges brought by same-sex couples married under state law.  In July 2011, the White House announced the President’s support of the Respect for Marriage Act, introduced by Senator Dianne Feinstein and Congressman Jerrold Nadler, which would repeal DOMA and uphold the principle that gay and lesbian couples should receive the same Federal rights and legal protections as straight couples.  The President has long supported a legislative repeal of DOMA.

• Signing Historic Hate Crimes Legislation: President Obama overcame years of partisan gridlock to pass and sign the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act into law, which extends the coverage of Federal hate crimes law to include attacks based on the victim’s actual or perceived sexual orientation or gender identity.

• Ensuring Hospital Visitation Rights for LGBT Patients and Their Loved Ones: Following a directive from the President, the Department of Health and Human Services (HHS) now requires all hospitals receiving Medicare or Medicaid funds – just about every hospital in America – to allow visitation rights for LGBT patients.  The President also directed HHS to ensure that medical decision-making rights of LGBT patients are respected.

• Developing and Implementing a National HIV/AIDS Strategy: President Obama fulfilled a pledge to those with HIV by developing and releasing the Nation’s first comprehensive plan for responding to the domestic HIV epidemic. In 2009, President

Obama signed legislation reauthorizing the Ryan White HIV/AIDS Program for four years to provide critical health services to uninsured and underinsured people living with HIV.  The Administration has also prioritized funding increases for HIV prevention, care, and research in each successive President’s budget.  In FY 2011, the Administration fought for and secured a $50 million increase in appropriations for the AIDS Drug Assistance Program (ADAP) and a $31 million increase for HIV prevention.  President Obama continued this commitment in FY 2012, when he announced on World AIDS Day an additional $35 million for ADAP and a $15 million increase for Ryan White Part C medical clinics.  Finally, the health reform legislation that the President signed into law, the Affordable Care Act, ensures that Americans have secure, stable, and affordable insurance, which will make it easier for people living with HIV and AIDS to obtain Medicaid and private health insurance and overcome barriers to care from qualified providers.

• Expanding Access to Health Coverage: The Affordable Care Act ensures that Americans have secure, stable, and affordable insurance.  In 2014, insurance companies will no longer be able to discriminate against anyone due to a pre-existing condition, and because of the law, insurers can no longer turn someone away just because he or she is lesbian, gay, bisexual, or transgender.  In addition, the federal website, HealthCare.gov, designed to help all consumers find the health insurance best suited to their needs, makes it easy to locate health insurers that cover domestic partners.

• Addressing Health Care Disparities: The Affordable Care Act is funding preventive efforts for communities, including millions of dollars to use evidence-based interventions to address tobacco control, obesity prevention, HIV-related health disparities, better nutrition and physical activity.  In addition, the new health care law is making other investments that will help address health disparities.  Funding is going toward building a more diverse and culturally competent health care workforce, as well as investing in community health centers to serve up to 20 million more patients. And through increased research and data collection on health disparities, policymakers will have the knowledge and tools they need to continue to address the health needs and concerns of the LGBT community.

• Ensuring Equality for LGBT Federal Government Employees: President Obama has taken numerous administrative actions to advance equality for LGBT Federal employees, setting an example for all employers.  In response to the President’s directive, the Office of Personnel Management is expanding Federal benefits for same-sex partners of Federal employees to the extent possible under current law, including by allowing same-sex domestic partners to apply for long-term care insurance.  The Administration’s directive on same-sex domestic partner benefits also opened the door for the State Department to extend legally available benefits and allowances to same-sex domestic partners of members of the Foreign Service serving abroad.

• Taking Steps to Ensure LGBT Equality in Housing and Crime Prevention: The Administration announced the first ever national study of discrimination in housing against LGBT persons and, in January 2012, issued a final rule to ensure that the Department of Housing and Urban Development’s core housing programs are open to all persons regardless of sexual orientation or gender identity.  The Justice Department also issued guidance stating that Federal prosecutors should enforce criminal provisions in the Violence Against Women Act in cases involving same-sex relationships.

• Preventing Bullying Against LGBT Students: President Obama, First Lady Michelle Obama, the Department of Education, and the Department of Health and Human Services convened students, parents, and teachers, in addition to non-profit leaders, advocates, and policymakers, for the first-ever White House Conference on Bullying Prevention in March 2011.  Early in the Obama Administration, six Federal agencies joined together to establish the Federal Partners in Bullying Prevention Steering Committee to explore ways to provide guidance on combating bullying to individuals and organizations.  The Department of Education has issued guidance to support educators in combating bullying in schools by clarifying when student bullying may violate Federal education anti-discrimination laws.  In June 2011, Secretary Duncan issued a “Dear Colleague” letter, accompanied by legal guidelines, reaffirming the rights of students to form Gay-Straight Alliances and other student groups under the Equal Access Act, noting the important role they can play in promoting safer schools and creating more welcoming learning environments.  In addition, President Obama, Vice President Biden, and other Administration officials recorded “It Gets Better” video messages to address the issue of bullying and suicide among LGBT youth.

• Advancing and Protecting the Rights of LGBT Persons around the World: The Obama Administration continues to engage systematically with governments around the world to advance the rights of LGBT persons.  The Administration’s intensive and systematic leadership has included various public statements and resolutions at the UN. President Obama has also issued a presidential memorandum that directs all Federal agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT persons.

President Obama has already embraced a series of proposals to advance LGBT causes in his second term, highlighting his evolving views on LGBT rights.  In January, Obama became the first president to mention gay marriage in an inaugural address, citing the “Stonewall” riots in New York City as a major landmark in the fight for civil rights.  Since then, he has offered an immigration proposal that would give the same benefits to heterosexual and same-sex couples, called on the Boy Scouts to open its membership to gays, and seen the Pentagon announce it would offer certain benefits to same-sex couples. 

Former Secretary of State Hillary Clinton championed a comprehensive human rights agenda that includedd the protection of the human rights of LGBT people.  One of former Secretary Clinton’s greatest LGBT accomplishments was providing global benefits to LGBT employees and diplomats representing the country overseas.  In December 2011, Clinton also gave an unforgettable speech before the United Nations in Geneva against LGBT human rights abuses.

Our new Secretary of State, John Kerry, has been a trailblazer in the fight for LGBT equality, both domestically and internationally.   In fact, he is the first person to support gay marriage while holding the post.  During his tenure as a Senator, Kerry was a supporter of LGBT issues and earned perfect rating of “100″ on the Human Rights Campaign’s most recent congressional scorecard.  His leadership in repealing the HIV travel ban, as well as his steadfast support for employment non-discrimination protections and addressing the needs LGBT homeless youth demonstrate his dedication to equality and to the rights of LGBT people worldwide.  Kerry voted for “Don’t Ask, Don’t Tell” repeal and hate crimes protection legislation.  That support goes back to 1996, when Kerry was among 14 senators to cast a vote against the Defense of Marriage Act.  He’s also been a key voice in encouraging the Obama administration to take additional action to protect bi-national same-sex couples and ending the ban preventing gay and bisexual men from donating blood.  Secretary Kerry will pick up right where former Secretary of State Hillary Clinton left off and continue the work already being done at the State Department against LGBT human rights abuses overseas. 

Gov’t abdicating responsibilities in protecting rights of gay citizens - SASOD

Posted By Stabroek staff On November 4, 2012

GDF sanctioning of two female soldiers
Head of the Presidential Secretariat Dr Roger Luncheon’s suggestion that the sanctioning of two female soldiers presents an opportunity for lesbian, gay, bisexual and transgender (LGBT) persons to press their case for decriminalisation is an abdication of the government’s responsibility to protect all of its citizens from discrimination, according to rights group SASOD.

“What this incident does demonstrate is that there is inadequate legal and constitutional protection and means of redress for discrimination based on sexual orientation in Guyana,” Secretary of the Board of Trustees of the Society Against Sexual Orientation Discrimination (SASOD) Zenita Nicholson told Stabroek News.

Early last month, two female soldiers were reportedly sanctioned by the Guyana Defence Force (GDF) after a recording of them leaked to the public and went viral locally.
Luncheon said he was unable to provide a comment on behalf of the government because the issue has not been raised before the Defence Board, of which he is the Chairman.

Questioned on government’s stance on gays serving in the military, Luncheon told his last post-cabinet press briefing last week that he could not provide one, since the issue was not raised at the level of the Defence Board.

Said Luncheon, “We haven’t had this is at the level of the Defence Board; we haven’t had a specific solicitation from the Guyana Defence Force where this matter is concerned about gays serving in the military.”

However, he added that the recent case of the two women provided an opportunity for gay rights to be brought to the forefront and decisions made on a national level. “It is our contention this consultation that arose after our UPR (Universal Periodic Review) presentation in Geneva in 2010 and the foray to the parliamentary select committee would maybe I should say should provide… opportunities for this matter to be gotten into,” he said.

“Even if it didn’t… the gay community is not without a certain amount of resources, both domestic and international, to put over their viewpoint and I’m certain that the opportunity that these events provide would more than allow them, the community, to introduce aspects of the military and its position on gay soldiers and a national position on homosexuality,” he also said.

“I am happy, in a kind of a convoluted way, the event has contributed to fostering this appetite to deal with this issue,” Luncheon added.

Numerous efforts to contact GDF Chief-of-Staff Commodore Gary Best for comment proved futile.

SASOD feels that Luncheon’s nexus between the issue of the women in the army and the criminalizing of sex between males is a ruse to justify sanctions against the female soldiers. “Sex between women is not criminalised in Guyana, so it is unclear why Dr Luncheon makes this linkage between an apparent case of employment discrimination by the state, resulting in an unjust dismissal of two women and the decriminalisation of male-male sex and cross-dressing,” Nicholson said.

SASOD charged the GDF to uphold the constitution, which guarantees each and every citizen, including LGBT Guyanese, the right to equality. “While Dr Luncheon himself points out that employment discrimination based on sexual orientation and gender identity is commonplace in Guyana and cites examples of teachers being dismissed, of which SASOD is also aware, he provides no solutions to avert these pervasive problems which attest to the government’s failure to meet its human rights obligations to all its citizens. The Guyana government itself is violating the rights of LGBT Guyanese,” the SASOD Secretary added.

Luncheon had indicated government was investigating the claim by at least five teachers who were disciplined or threatened with dismissal and who had appealed to the Teaching Service Commission (TSC) following the threats. He said that the TSC was investigating whether the teachers were engaging in pornography, since explicit sexual material of them had emerged in public.

Gay teachers in public schools are not new to the education system. When questioned, many who work in city schools said that they had been employed for almost two-and-a-half decades.

In commenting on the current case involving the soldiers, former Speaker of the National Assembly Ralph Ramkarran has criticised homophobia in the disciplined forces as well as the government’s evasive approach on the issue of same-sex relations.

Article printed from Stabroek News: http://www.stabroeknews.com

URL to article:http://www.stabroeknews.com/2012/news/stories/11/04/govt-abdicating-responsibilities-in-protecting-rights-of-gay-citizens-sasod/

Gays, lesbians face greater inequality here because of criminalising of same sex relations

Gays, lesbians face greater inequality here because of criminalising of same sex relations

Posted By Stabroek staff On June 22, 2012 @ 5:15 am In Local | No Comments

A human rights expert says that by virtue of Guyana keeping on its books laws that criminalise homosexual behaviour, persons from the Lesbian, Gay, Bi-Sexual and Transgendered (LGBT) community face inequality on a higher scale than other marginalised groups.
Speaking at a public forum on equality and LGBT rights at Moray House Trust on Wednesday evening, Dr. Dimitrina Petrova, Executive Director of Equal Rights Trust says Guyana’s laws criminalising homosexuality and cross-dressing are not in consonance with Government’s responsibility of ensuring that there is equality for all.

Dr. Dimitrina Petrova

The expert, who hails from Bulgaria, said that the mission of her organisation is equality and it is regarded as a basic principle of human justice and a fundamental human right.
She said that equality is one of many human rights and it is the business of Equal Rights Trust to put serious human rights issues into context so that they can be seen as being based on equality.
In explaining why it was that the organisation chose to work in Guyana, Dr. Petrova said that while there are many problems in Guyana for many groups – indigenous peoples, women, race – it is the LGBT group that seems to be the most affected since the discrimination against them is enshrined in law.
“There are gaps in the protection.
The levels of protection are different for different people [in Guyana]. Looking from outside, the LGBT seems to be the most unequal group,” Dr. Petrova said. She pointed out too that there can be no equality if one group is left out.
Dr. Petrova shared SASOD’s view that the Government should not be taking its cue from the religious community in order to make decisions regarding the rights of LGBT people. SASOD reported that representatives of the Government stated they would have been seeking moral guidance from the three main religious groups in Guyana without considering any discussions with the groups which are affected by the discriminatory laws and policies. “The dialogue should be [among] the faith-based groups, cultural promoters, the Ministry of Health, the Guyana Police Force and should include citizens and groups who support the view that LGBT Guyanese are deserving of the same rights as any other Guyanese citizen,” SASOD said in a statement.
Speaking at the event, Vidyaratha Kissoon, one of the founding members of SASOD said that the body believes that a Guyana which offers equality for LGBT Guyanese will be characterised by the inclusion of LGBT issues in all human and social development discussions that occur at national and community levels and will be incorporated as a cross cutting issue in development plans.
“SASOD has called on the Government and national decision makers to amend   the Constitution to include gender identity and sexual orientation as grounds (prohibiting) discrimination so as to protect LGBT citizens and allow for legal recourse,” Kissoon said.
He said too that SASOD is calling for the repeal of Section 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act Chapter 8:02, which sanctions the wearing of clothes considered to be those of the opposite sex. Kissoon said this law stigmatises transgendered people and facilitates arbitrary arrest and police abuse.
The group also wants Section 351 of the Criminal Law (Offences) Act Chapter 8:01 which reads, “any male person who, in public or private, commits, or is party to the commission, by any male person, of an act of gross indecency with any other male person shall be guilty of a misdemeanour and liable to imprisonment for two years.”
SASOD is also campaigning and making representation to educate members of the uniformed forces – police, prison and army – and to evaluate their performance based on their obligations in terms of non-discriminatory treatment towards sex workers, LGBT persons and people living with HIV/AIDS. “Discriminatory and abusive behaviour on the part of police officers should be investigated and punished where necessary,” Kissoon said.
He said that SASOD hopes to embark on the critical implementation of actions which ensure that the needs of LGBT citizens are addressed within the health care system and social services provision. “The health and well being of LGBT citizens should not be left to the selective judgements of the health care workers and social workers,” Kissoon said.
SASOD wants to also open a broader dialogue on culture and human rights so as to guarantee that no human rights violations will be perpetrated under the name of culture, religion or tradition. Further, Kissoon said that many LGBT persons need low income housing and are not allowed to apply for a house lot since they are single and often have no children of their own.
SASOD wants Government to ensure that the Ministry of Labour is equipped to deal with cases of discrimination against LGBT persons which prevents access to employment. It wants Government to ensure that the Ministry of Education implements a policy which ensures that LGBT youth are not discriminated against in the school system and that health and family life educators speak to the diversity in sexual orientation and gender identity.

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Article printed from Stabroek News: http://www.stabroeknews.com
URL to article: http://www.stabroeknews.com/2012/news/stories/06/22/gays-lesbians-face-greater-inequality-here-because-of-criminalising-of-same-sex-relations/

SASOD's position against the Criminalization of HIV Transmission

Listen to the podcast of Korey Chisolm, Anton Rocke and Sherlina Nageer after their presentation to the Parliamentary Select Committee on 13 July, 2011

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The Society Against Sexual Orientation Discrimination opposes the Criminalisation of HIV Transmission which is under consideration by the Parliament of Guyana. SASOD's presentation to the Special Select Committee considering the Resolution 129 of 2010 has noted several reasons why such a law would reverse the progress being made in Guyana to combat the HIV/AIDS epidemic.

CRIMINALIZATION OF HIV TRANSMISSION IS COUNTER TO THE OFFICIAL UNAIDS POSITION AND INCONSISTENT WITH INTERNATIONAL GUIDANCE ON HUMAN RIGHTS:

• According to UNAIDS and other international agencies, there is no evidence to suggest that criminalizing HIV transmission is an effective means to prevent the further spread of the virus or achieve criminal justice.
• Several countries that have such laws e.g. Guinea, Togo, Denmark and Senegal, are reviewing and suspending them in the face of increasing awareness of their inefficacy as well as concerns of violating individual human rights.
• SASOD supports international consensus that criminal and/or public health legislation should not include specific offences against the deliberate and intentional transmission of HIV but rather should apply general criminal offences to these exceptional cases.
• A legal review by the Belizean National AIDS Committee found that the criminalizing of deliberate transmission deterred persons from getting tested for fear of criminal sanctions. The review indicated that there have been no prosecutions under the section because of the evidential difficulty in proving these cases under law and as a result, the recommendation is to repeal the law.

CRIMINALIZATION FURTHER VICTIMIZES WOMEN:

• We share Mr. Franklin’s (MP who proposed the legislation) desire to better protect women from dishonest and malicious sexual partners, but the fact is that criminalization does not protect women- it increases the likelihood of them being victimized. The reason for this is that women access healthcare services more often than men (for reproductive services especially), so in many places, women who know their HIV status more often than men. As such, they can be accused of transmitting the virus to their male partners, even if those partners are the ones who infected them in the first place. Therefore, these laws can be described as harmful instead of helpful to women.
• More helpful to women would be to address gender-related violence, inequality and sexual coercion, as well as stigma and discrimination.
• Some women might be prosecuted for mother-to-child transmission. This occurs where laws criminalizing HIV transmission or exposure are drafted broadly enough to include transmission to a child during pregnancy or breastfeeding.

CRIMINALIZATION INCREASES STIGMA AND DISCRIMINATION AGAINST HIV+ INDIVIDUALS AND DRIVES TRANSMISSION:

• HIV is no longer a death sentence; it is now a medically manageable disease. Legislation such as the proposed one continues to spread fear and misinformation about HIV, however. There are other infections that can be transmitted via unprotected sex- some of which are also lifelong conditions- such as Herpes- but the same level of attention is not paid to those.
• The focus on criminalization of HIV transmission increases stigma and discrimination against HIV positive people by making potential criminals of all of them and has a deterrent effect on testing. Testing is a critical tool in reducing HIV transmission and anything that interferes with its efficacy- such as legislation like this- is very dangerous and counterproductive in the fight against this disease.

CRIMINALIZATION UNDERMINES PUBLIC HEALTH:

• Criminalization of HIV transmission also makes it even more difficult to work with ‘hard to reach’ communities such as men who have sex with men, sex workers, drug users, etc who are already fearful of the authorities and being criminalized for their lifestyle or sexual behaviors.
• Confidentiality between people and their healthcare provider is extremely important- especially in cases of HIV+ individuals who require long-term treatment. As such, anything that forces doctors and health care providers to reveal patients’ private health information, or even testify about it, has a negative impact on patient trust of the health care system and willingness to remain engaged in HIV care- which has a negative long term impact on society as a whole. Far more effective HIV prevention programmes exist such as testing, counseling and general awareness campaigns.

THERE ARE ALREADY LAWS IN PLACE TO DEAL WITH THIS:

• We already have legislation in place- The Sexual Offences Act- which would deal with cases of non-consensual sex. In cases of such offenses, the accused is compelled to obtain a HIV test, the results shared with the victim, and taken into account when determining the sentence.
• Strengthening this existing legislation, educating citizens, law enforcement, and judicial officers about their rights and responsibilities under the Sexual Offences law and putting policies into place that make it really work effectively on the ground is a better use of time and resources, in our opinion, instead of putting yet another misguided, ill-informed, and un-enforceable law on the books.

IN CONCLUSION:

The job of preventing HIV falls to society as a whole, not just those who are HIV positive. Focusing solely on HIV positive persons does us all a disservice. We need to focus instead on proven prevention strategies such as testing and counseling, education, and reducing stigma and discrimination, and protecting peoples’ human rights and dignity.

NINTH PARLIAMENT OF GUYANA
FIRST SESSION (2006-2010)
NATIONAL ASSEMBLY
RESOLUTION NO. 129
WHEREAS the fight against HIV and AIDS has been relentless especially during the past 15 years;
AND WHEREAS some success has been recorded throughout the country in reducing the instances of infection and transmission of HIV and AIDS;
AND WHEREAS educating the population is of utmost importance in the arsenal of weapons and/or measures required to combat this dreaded disease;
AND WHEREAS despite the best efforts of health care officials, religious organizations and NGOs in educating the population with respect to AIDS and HIV, infection rates are still disappointingly high;
AND WHEREAS persons, some knowingly, still infect others with the Human Immune Deficiency Virus, causing immense suffering and pain to the infected persons, their families, community at large along with increased cost to the health care system;
AND WHEREAS persons are not held responsible by law for knowingly transmitting this deadly virus to innocent victims;
AND WHEREAS the confidentiality and non-discriminatory laws in place which protect persons affected with HIV and AIDS prevent disclosure of their identity, these persons are free to have unprotected sex with unsuspecting partners, thus further spreading the disease,

NOW THEREFORE, RESOLVED,
That the criminal laws of Guyana under all relevant sections be amended, to make it an indictable offence for any person to transmit the virus to any other person, when they would have had prior knowledge of their infected status;
FURTHER RESOLVED,
That non disclosure laws or guidelines be so amended to allow information to be used by the prosecution if so required;
FURTHER RESOLVED,
That all agencies, clinics, hospitals which have the results of tests and other vital information be bound by law to release such information to any court engaged in a matter; and
FURTHER RESOLVED,
That the manner in which society and law treat with persons who willfully transmit HIV be taken to a Special Select Committee to examine this issue comprehensively, drawing from other countries’ experiences which have criminalized this offence and those which have not, taking into consideration experts’ and the public’s views, as well as examining the present laws of Guyana and return to the National Assembly with considered opinions and recommendations on this issue.
Passed by the National Assembly on Thursday, 29th July, 2010.

Call on Guyana to vote at the UN to condemn extra judicial killings of LGBT people

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.

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.

Guyana: Reject Transphobia; Respect Gender Identity

In far too many places around the world, Transsexual, Transgender and Intersex people face violence, abuse, rape and hate crimes. The only motive: they are not confirming to social stereotypes about the way they should appear and behave in society as men or women.

Trans people is an umbrella term for 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. Trans people may or may not choose to alter their bodies hormonally and/or surgically: the term is not limited to those who have the resources for gender reassignment through surgery. Gender identity is different from sexual orientation. Trans people may be heterosexual, lesbian, gay or bisexual.

Be it out of ignorance, prejudice, fear or hate, Trans people overwhelmingly face daily discrimination, which results in social exclusion, poverty and poor health care, with little prospects for employment. Far from protecting Trans citizens, states and international bodies reinforce social transphobia violating their human rights. And to add insult to injustice, the World Health Organisation (WHO) still classifies them as “mentally disordered.”

On May 17, the world observes International Day Against Homophobia and Transphobia, commonly called IDAHO. On this day in 1990, WHO took homosexuality off the list of mental disorders and this is why May 17 was chosen as the day to observe IDAHO. This year’s observance also marks the launch of an International Appeal to the WHO to remove transsexualism from the list of mental disorders. The Appeal also calls on all states of the world to adopt the Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientation and Gender Identity and ensure that all Trans people benefit from appropriate health care, including gender reassignment if they so wish; be allowed to adapt their civil status to their preferred gender; live their social, family or professional lives without being exposed to transphobic discrimination or violence and that they are protected by police and justice systems from physical and non-physical violence. The Appeal has been signed by over 300 organisations, including SASOD, in more than 75 countries across the globe, three Nobel Laureates: Elfriede Jelinek, who won the 2004 Prize in Literature, and Francoise Barre-Finoussi and Luc Montagnier, who were jointly awarded one half of the 2008 Prize in Physiology and Medicine, for their discovery of “human immunodeficiency virus” known as HIV, and other personalities like Senegalese Doudou Diene, former special rapportuer on racism to the UN. Major international institutions have also expressed their support, including the Joint United Nations Programme on HIV and AIDS (UNAIDS), the International Lesbian and Gay Law Association (ILGLaw) and the Global Justice Ministry of the Metropolitan Community Churches (MCC). The Appeal is open for the general public to sign on at the website www.idahomophobia.org.

In Guyana, transphobic violence and discrimination came in for much attention a few months ago when a group of people verbally and physically attacked some ‘cross-dressers’ in the vicinity of Stabroek Market. The escalated confrontation lead to the ‘cross-dressers’ being detained and charged for an archaic offence related to ‘cross-dressing’ under section 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act Chapter 8:02. Days later, police unleashed a series of crackdowns in downtown Georgetown against ‘cross-dressers,’ detaining them without reading them their rights, informing them of their charges or allowing them to make phone calls or contact a lawyer. While in detention, they were mocked and ridiculed for their sexual orientation. Further to the insults by the police, the acting Chief Magistrate also unloaded her own disparaging remarks in making her decision motivated by her own religious views. These human rights violations clearly illustrate that the state is complicit and sanctions transphobic discrimination and violence. SASOD has repeatedly appealed to the Guyana government even at the highest levels to repeal our colonial-inherited discriminatory laws, which our former colonizers have since rid themselves of decades ago, and enact laws and policies to protect sexual and gender minorities from violence and discrimination.

In the face of government inaction, SASOD has embarked on several initiatives to raise awareness and educate Guyanese on transphobia, violence and discrimination. As part of a collective under a joint UN inter-agency HIV project on sexual and gender minorities, SASOD will continue to address human rights abuses suffered by Trans people in Guyana by sensitizing and training the uniformed forces, health-care workers and other social-services providers to work with these marginalized groups.

Check Stabroek News and Kaieteur News for related articles

Leadership is Needed to Denounce Homophobic Violence in Jamaica

(Photographs of event held outside the office of the Jamaican Consul in Barbados on 14 Feb, 2008)


Society Against Sexual Orientation Discrimination (SASOD) – Guyana is deeply concerned over the continuous acts of violence towards Gay, Lesbian, Bisexual and Transgender (GLBT) persons in Jamaica. The recent mob attack on January 29 in Mandeville by some 20 persons against 4 young men they believed to be gay is the latest of a repeated pattern of vigilantism towards men and women in Jamaica motivated by a disapproval of their sexual identity or gender expression. It reaffirms the perilous climate towards life and liberty that violence is creating across the Caribbean region. It also calls profoundly into question our transformation as a region, with independence, into modern, inclusive democracies, and our success in moving ourselves beyond the violence and vicious inequities of slavery, indentureship and colonialism.

The lack of response and official silence by state institutions and authorities has significantly contributed to this ongoing problem. Governments have a moral responsibility to ensure all are protected by law and none are excluded from equal protection. The absence of public policy and law reform to deal with hate crimes rooted in homophobia and to prevent all forms of violence and discrimination serves to breed these rampant homophobic attacks.

As Guyanese we know too well the ruinousness of mob violence that targets people based on diversity and the social disintegration such violence sows for everyone. It is especially heartbreaking to our vision of post-independence Caribbean democracy when such violence targets those already hated, excluded and marginalised by stigma and prejudice.

What good are our own governments if they fail repeatedly to protect citizens from mob lynching and slaughter? What good are religious leaders if they struggle to condemn killing and maiming others? The silence of both political and religious leaders in both word and action sends signals to the masses that they can be judge, jury and executioner in attacking, persecuting and lynching individuals whether perceived or known to be gay. This has fermented an unstable environment of rabid homophobia and virulent intolerance in Jamaica reflected and amplified in the lyrics of some dancehall performers who glorify the lynching and killing of homosexuals in their music.


Why does the Caribbean cling tenaciously to slavery-era laws written from the same pens as the ones that institutionalized ownership and trade in human beings? Why does a country where female sexuality is ruthlessly glorified in public imagery feel such a compelling need to police consensual sex between adult men? People use the existence of these laws to justify personal and group lynchings of those who offend their sense of appropriate sexual or gender-based conduct, and pretend this is the exercise of some moral authority.

It is past time for the Jamaican government to act like one. SASOD calls on Prime Minister Bruce Golding, all of Jamaica’s state institutions and authorities, who have by word and inaction significantly contributed to this ongoing problem, to intervene aggressively to protect all Jamaicans from violence and discrimination, particularly on the basis of sexual orientation and gender identity. It is time for Jamaica’s political parties to stop electioneering over who can be more backward in promising to preserve institutional homophobia.

Violence in Jamaica is an enormous problem with the island nation stained with the highest per capita murder rate in the Americas. This epidemic of violence is certainly not limited to those perceived to be gay, and is not an easy problem for the best of governments to address. But simple acts of political will and voices of leadership can go far in reversing the neglect of the government in allowing a climate of violent intolerance towards homosexuality to persist. Send a clear message that violence against people whose sexual behaviour or gender expression you don’t like is criminal and prosecute it as vigorously as any other crime, instead of advising that they should ‘hold their corners.’ Embrace efforts to decriminalize sexual behaviours that have no victims. Even if these efforts would yield little result, a responsible and unbiased government would at least try them.

Jamaica’s people are brilliant, resourceful and play a unique role in the region’s history, politics and sports. But any claim she has to leadership of the Caribbean is excised by her growing regional and international reputation as a symbol of anti-gay violence ignored. Jamaica must reverse this disturbing trend if she is to re-gain her place as an island paradise in the Caribbean.

Signatories on behalf of SASOD:

Joel Simpson, Stacey Gomes, Vidyaratha Kissoon, Namela Henry, Jermaine Grant, Dion Small, Kelvin Broughton, Reyana Mc Kenzie, Keimo Benjamin, Kesaundra Alves and Anton Rocke.

STATEMENT BY A GROUP OF CONCERNED CARIBBEAN CITIZENS CALLING FOR FULL AND PUBLIC REVIEW OF THE CARIFORUM-EC ECONOMIC PARTNERSHIP AGREEMENT (EPA)

SASOD has joined with the group of citizens calling for a review of the recent EPA
We note with interest the recent statement by President Bharrat Jagdeo of Guyana in which he observed that the Caribbean stands to gain little from the Economic Partnership Agreement (EPA) recently negotiated with Europe. President Jagdeo stated that the agreement was concluded against the backdrop of a threat that tariffs would be imposed on Caribbean exports of sugar, bananas and manufactured goods to the European community as of January 1st 2008 if the region did not meet the timeline of December 31, 2007 -- the date when the Cotonou Agreement was set to expire. He suggested that the shift from the principle of preferential trade to one of reciprocity introduces a new set of challenges that the Caribbean is ill equipped to face.

We welcome the candour with which President Jagdeo has now raised several issues that have so far been overlooked by other government leaders, officials and negotiators in the public discussion of the EPA to the extent warranted by the far-reaching consequences of the legally and permanently binding articles of the agreement. We believe that the Caribbean public was not kept fully abreast of the potential implications of the EPA for the course of the region's economic relations, not only with Europe, but with all other trading partners as it may become a blueprint for future trade negotiations. It is regrettable that Caribbean governments and responsible officials did not keep the public better informed about the progress of the negotiations and the 'bullying' and 'broken promises' by Europe to which the President of Guyana referred. We believe that opportunities must be found to remedy this deficit in the future, and that the situation calls for full disclosure, for public explanation of the shortcomings as well as any anticipated benefit of the EPA, and for open participation in a discussion of its implications for our economies and for the livelihoods of our peoples.

It is our understanding that the EPA is due to be signed by Cariforum Ministers on March 15 and to be provisionally applied from April 1. After that, Caribbean countries will be locked in for all time to the provisions of this legally binding instrument. It will be very difficult, and in all likelihood very costly, to amend the EPA after it comes into force. We are urgently proposing that more time and opportunity be provided for a full and public review of the EPA in order that all its aspects are explained and understood and relevant objections taken into account.

January 18, 2008.

Signatures

Andaiye, Red Thread, Guyana

David Abdulah, President, Federation of Independent Trade Unions and NGOs (FITUN), Trinidad and Tobago

Association of Development Agencies, Kingston, Jamaica

Hazel Brown, Coordinator, Network of NGOs of Trinidad and Tobago for the Advancement of Women

Caribbean Association for Feminist Research and Action (CAFRA) Regional Secretariat, Trinidad and Tobago

Komal Chand, President, Guyana Agricultural and General Workers Union

Flavia Cherry, National Representative, Caribbean Association for Feminist Research and Action (CAFRA) – St. Lucia, ASPIRE St. Lucia and the St. Lucia National Organization of Women

Annalee Davis, Independent Visual Artist, Barbados

Dr. Norman Girvan, Professorial Research Fellow, Institute of International Relations at the UWI, St. Augustine, Trinidad and Tobago

Dr. Cecilia Greene, Sociologist, Dominica/USA

Cathal Healy-Singh, Environmental Engineer, Rights Action Group, Trinidad and Tobago

Dr. Claremont Kirton, Head, Department of Economics, University of the West Indies, Mona, Jamaica

Josanne Leonard, Caribbean Cultural Industries Network

Dr. Patsy Lewis, Senior Fellow, Sir Arthur Lewis Institute of Social and Economic Studies, University of the West Indies, Mona.

Dr. Brian Meeks, Professor of Social and Political Change, Director, Centre

for Caribbean Thought, Department of Government, University of the West Indies, Mona.

Ian MacDonald, writer, past Chief Executive Officer of the Sugar Association of the Caribbean

Dr. Woodville Marshall, Emeritus Professor, University of the West Indies

Dr. Debbie Mohammed, Specialist, International Trade and Competitiveness

Shantal Munro- Knight, Snr Programme Officer Caribbean Policy Development Centre

Dr. Dennis Pantin, Head, Department of Economics, St. Augustine Campus, University of the West Indies, Trinidad and Tobago

PAPDA (Haitian Advocacy Platform for an Alternative Development)

Dr. Kari Polanyi-Levitt, Emeritus Professor, McGill University, Montreal

Dr. Rhoda Reddock, Social Scientist, Trinidad and Tobago

Regional Executive Committee of the Assembly of Caribbean People (ACP)

Cecil Ryan, Managing Director, Projects Promotion Limited, St. Vincent and the Grenadines

Sir Ronald Sanders - Business Executive, Writer and former Ambassador to the WTO

Dr. C. Y. Thomas, Distinguished Professor, University of Guyana

Dr. Alissa Trotz, Sociologist, University of Toronto

Judith Wedderburn, Coalition for Community Participation in Governance (CCPG)

Dr. Michael Witter, Department of Economics, The University of the West Indies, Mona, Jamaica

Submission made on the reform of the sexual offences legislation

“STAMP IT OUT” Strengthening protection against sexual violence and reforming the law on sexual offences
Comments and recommendations from the Society Against Sexual Orientation Discrimination
(SASOD)

1. The Ministry of Human Services, Labour and Social Security has embarked on a consultation on the reform of the legislation pertaining to sexual offences in Guyana.
Proposals for reform are located in a consultation paper called “Stamp It Out: Strengthening
Protection against Sexual Violence and Reforming the Law on Sexual Offences.”

2. The Society against Sexual Orientation Discrimination (SASOD) is a non-governmental organisation based in Guyana. In 2006, the Society against Sexual Orientation Discrimination had joined with other civil society organisations across the country and individuals to call for the reforms which are expanded in the consultation paper.

3. SASOD therefore endorses the spirit of the recommendations which are in the document and summarised in Annex 2 of the document. There are concerns about aspects of the reform and proposals are made to deal with these issues in this submission. These proposals are grouped under these headings :-
A) Establishing the Age of Consent as 18 years
B) Decriminalising of consensual same-sex activity in private
C) Eliminating stigma of male victims of rape
D) Enforcement of the reformed legislation

A) Establish the Age of Consent as 18 years for both females and males
The proposals for Age of Consent are discussed in para. 87 and other places of the document.
SASOD believes that the age of consent should be raised to 18 years for both males and females and furthermore, that there should not be any criminalising of sexual activity between young persons with a three year difference in ages when either party is above the age of consent.
SASOD had joined with the Age of Consent Coalition in 2005 and the following points were made:

• Age of consent legislation has always been about the age at which children can enter consenting sexual connections with adults. It is not about the age at which adolescents should initiate sexual activity.

• Raising the age of consent is a measure to increase protection, particularly of girls, to predatory approaches by adults, usually men, whether these are exploiting poverty, manipulating immaturity or adults trafficking under-age girls.

For all the reasons listed below, the organizations in the Age of Consent Coalition, which deliberated on three occasions, agreed to raise the age to 18 years which is recognized as the point at which the children reach the age of majority.

In order to avoid the application of penalties proposed for sexual predators to consenting under-age teen-agers, SASOD further proposes that sexual connections between young people within a three- year age range of each other should not be liable to criminal penalties. This should also include when one person is over the age of consent.

Any interventions required by the State as a result of such activity should be of a welfare or probation character. Like under-age smoking or drinking, under-age sexual activity should be discouraged but not criminalized. With this proviso there is no sound argument for not raising the age of consent as high as possible.

Summary Arguments In Support Of Raising AOC to 18 Years

• 18 conforms to the Convention on the Rights of The Child definition which the Guyana courts must now take into account following the constitutional reform (Art.154)
• 18 makes a clear distinction between adulthood and childhood
• 18 is the age of majority for other decisions of responsibility – right to vote, dispose of property, obtain passport. Public health benefits with respect to the prevention HIV, other STIs and teen-age pregnancy from encouraging delayed sexual.activities
• Protection against physical and emotional health consequences for children
• Deterrence of the commercial sexual exploitation of children

B) Decriminalise consensual same-sex activity in private

4. SASOD notes that in reforming the laws on sexual offences, the Ministry of Human Services proposes not to discuss consensual same sex activity. The Ministry proposes to retain s. 351 of the Criminal Law Offences Act Cap. 8:01 as it is presently constructed.

5.The continued presence of s. 351 in its present construction is a violation of the human rights to privacy, equality, non-discrimination and health. In Toonan v. Australia1, the UN Human Rights Committee found that the right to privacy under the International Covenant on Civil and Political Rights, which Guyana has signed, ratified and directly incorporated into our Constitution, was breached by laws which criminalise private homosexual acts between consenting adults, noting that:

“… the criminalisation of homosexual practices cannot be considered a reasonable means or proportionate measure to achieve the aim of preventing the spread of HIV/AIDS… by driving underground many of the people at risk of infection… [it] would appear to run counter to the implementation of effective education programmes in respect of HIV/AIDS prevention.

6. The Yogyakarta Principles are a set of principles on the application of International Human Rights Law to issues related to sexual orientation and gender identity.3 These principles were developed by a group of international human rights experts convened by the International Service for Human Rights and the International Commission for Jursists. Principle 6 on the right to privacy recommends that States shall:

“Repeal all laws that criminalise consensual sexual activity among persons of the same sex who are over the age of consent, and ensure that an equal age of consent applies to both same-sex and different-sex sexual activity.”

By denying a natural expression of human sexuality, criminalisation of consensual activity between adult men in private under s. 351 demoralises gay and bisexual men and robs them of their dignity and self-respect.

7. The reluctance of the Government to urgently deal with the s351 in this reform panders to homophobia and heterosexism in Guyana which are rooted in colonialism and based on constructions of masculinity and femininity which subordinate women and exclude and persecute homosexuals. Homophobia and the misogyny which fuels sexual violence against women and girls are inextricably linked and s. 351 offers a space in the law to locate those anti-social prejudices which contravene human rights protections for all citizens of Guyana.

8. Homophobia is often based on fear of the male being perceived as feminine and male rapists often use rape of women to reinforce perceptions of aggressive, heterosexual masculinity, while in some cases of male-male rape, the act of raping is concurrent with a perception of the 'feminising' of the male victim. Hegemonic masculinity is enforced by condemning homosexuals who are viewed as transgressing gender norms and through the possession, and objectification of women. The outcome is that ‘real men’ oppose homosexual men, abuse, rape, and neglect women in order to prove their masculinity. In this way, homophobia can be considered as an effort to maintain the bipolar system through which women are devalued.1 Homophobia therefore affects all men, and not just gay men, and is rightfully viewed as a gender prejudice more than a sexual one, which it is generally assumed to be.2

9. Popular culture is replete with examples which reinforce these anti-social prejudices. For instance, dancehall artist Beenie Man, in his song, “Weeping and Moaning” preaches the following to his listeners: “You nuh see pressure man a get outa man/ Every nite Peter him wine pun Devon/ Hold hotty-boy and bun(burn) dem one by one/ Look pon Patsy, Suzette and Yvonne/ Look how de gal-dem sexy and tan/ I charge fi’ rape Suzanne/ More than go a prison/ Fi’ wind pon Jonathan.” Feminist researcher, Tara Alturi assesses Beenie Man’s disturbingly-clear message, which should concern all policy-makers and state-managers seeking to eliminate sexual violence:

“In order to proclaim heterosexual masculinity, in order to protect himself from falling prey to homosexuality, the character/singer performs masculinity by objectifying, demeaning and in its most brutal form raping women. This is a perfect example of the way in which homophobia enforces a reiteration of masculine hegemony in expressions of sexual violence against women.”3

10. Statutes criminalising sexual activity between consenting adult men in private, even though they may not be enforced, their continued existence and threat of enforcement legitimizes stigmatization of homosexuals and this can undermine the response to HIV and AIDS. According to the National Assessment on HIV/AIDS Law, Ethics and Human Rights in Guyana prepared by Arif Bulkan, “criminalisation encourages secrecy, which in turn prevents the exchange of information. Whereas heterosexual young men and women freely discuss heterosexual practices and may learn about safe behaviours, such opportunities are lost in relation to homosexual behaviour.”1

11. Bulkan also admonishes that the constant threat of enforcement can be used to persecute marginalised communities of men who practise same-sex desire in Guyana. Renowned regional sociologist Dr. Robert Carr documents the experience of gay Jamaican communities in his work on ‘judgements,’ where high levels of violence, particularly against working class gay men – are
meted out by members of their families and communities and tolerated, even encouraged, by the police and government. According to Carr, “The [Jamaican] security forces, according to the informant’s testimonials, interpret the laws banning sodomy to mean the identity itself is illegal. The law thus becomes an umbrella under which they feel free to harass, single out, and threaten men they perceive to be gay or who state that they are gay.”1 Carr notes that the influence of dancehall culture cultivating avenues of sanctioned violence has emerged from Jamaican ghettoes and penetrated other countries in the region. He continues: “The violence described here in working class Jamaica is thus becoming embedded in regional culture and in the psyches of other countries.”2 Bulkan warns that “even though similar levels of violence do not exist in Guyana, instances of homophobic violence are not unheard of and it is therefore important to confront this phenomenon before it takes hold.”3 Bulkan’s caveat is instructive and should be cause for urgent concern to state-managers seeking to curb gender-related violence.

12. Although s. 351 in relation to consensual, sexual behaviour in private may not be presently enforced, it is unhealthy to keep laws which are routinely violated on the statute books for this breeds disrespect for authority and is generally inimical to the rule of law and good governance.

C) Eliminating stigma of male victims of rape

13 .Part of the stigma for male victims of rape stems from the fact that the law in Guyana stigmatises consensual sexual activity between men in private. Male victims of rape are often stigmatised by society and themselves as objects of a ‘homosexual attack.’ While the gender-neutral definition of rape is commendable and welcomed as part of the reforms needed, the utility of the proposed reform is severely undermined by the very existence of s. 351 on the statute books which reduces same-sex practising men to unapprehended criminals in Guyana. As Caribbean gender law scholar Tracy Robinson states, “in this heterosexist paradigm, the sexual violation men experience by other men ranks no different from consensual sex between men – they are both categorised as perversion – and therefore the former does not feature as a serious social issue, and rape by men as a distinctive feature of women’s lives is slowly neutered.”4

14. Police procedures should recognise the particular social and cultural environment which would limit male victims of rape in the prosecution of rapists. Male victims of rape have special needs which must be addressed.

15. Male victims of rape have reported visible signs of arousal and even involuntary ejaculation during rape. These bodily responses are noted as being physiological and sometimes and involuntary response to the pressure on the prostate gland. Some rapists also force their victims to ejaculate so as to reinforce the perception that ejaculation means an orgasm.5 Consent shall not be inferred from these responses. There must be provisions which are clear that 'signs' of arousal or ejaculation should not be introduced as consent from any victim.

16.The sexual orientation of male victims of rape should not be brought into any case as a reason for the defence of rapists.

D) Enforcement of the legislation

SASOD is concerned that there are no provisions to ensure that the legislation when passed, is enforced. The framework for the proposed reforms is comprehensive, and will require political will to acquire the resources at Ministerial and Judicial levels especially. There must be a committment to ensuring that all provisions are adhered to and that all systems are put in place to ensure that there is protection from sexual violence.


References

Atluri,Tara, “When the Closet is a Region: Homophobia, Heterosexism and Nationalism in the Commonwealth Caribbean,” Working Paper No. 5, Centre for Gender and Development Studies, UWI Cave Hill, 2001.

Bulkan, Arif. “National Assessment on HIV/AIDS, Law, Ethics and Human Rights in Guyana,” National AIDS Committee, 2004.

Carr, Robert. “On ‘Judgements’: Poverty, Sexuality-based Violence and Human Rights in 21st Century Jamaica,” Caribbean Journal of Social Work, Vol. 2 (2003)

Groth, Nicolas A et al, “Men Who Rape: The Psychology of the Offender”, 2001

Plummer, David and Simpson, Joel. “HIV-AIDS and Caribbean Masculinities” in Financing Gender Equality; Commonwealth Perspectives 2007.

Robinson, Tracy.“Fictions of Citizenship: Bodies without Sex and Effacement of Gender in Law” (1999) 7 Small Axe 1

Toonan v. Australia. Communication No. 488/1991. Official Records of the General Assembly, 49th Session, Supplement No. 40 (A/49/40), vol. II, annex IX EE.

Official Website of Yogyakarta Principles: http://www.yogyakartaprinciples.org/principles_en.htm


30 December, 2007 – corrected 2 January, 2007
Prepared and submitted by: Society against Sexual Orientation Discrimination (SASOD)