SASOD engages Diplomatic Community on LGBT Issues

On Thursday, 13 November 2014, the Society Against Sexual Orientation Discrimination (SASOD) in collaboration with the United States Embassy engaged members of the diplomatic community at roundtable discussion of SASOD’ report titled “On Devil’s Island: A UPR Submission on LGBT Human Rights in Guyana.” The 11-page report was submitted to the United Nations Human Rights Council on June 15 this year ahead of Guyana’s Universal Periodic Review (UPR) in early 2015.

                                                                                    

Bryan Hunt, Charge d' Affaires, US Embassy

Hosted by the Charge’ d’ Affaires of the US Embassy, Bryan Hunt, the diplomatic roundtable was organised to facilitate this engagement ahead of Guyana’s UPR pre-session on December 4, 2014, in Geneva. In his opening remarks, Mr Hunt welcomed the representatives of the diplomatic community and emphasized that this gathering is to enable them to submit accurate, updated information on lesbian, gay, bisexual and transgender (LGBT) rights ahead of Guyana’s UPR.

Robert Adelson, Public Affairs Officer, US Embassy

The roundtable was chaired by US Embassy Public Affairs Officer, Robert Adelson. Presenting the report on behalf of SASOD were Advocacy and Communications Officer, Schemel Patrick, Managing Director, Joel Simpson and Social Change Coordinator, Chelauna Providence.

Schemel Patrick, Advocacy and Communications Officer, SASOD

In her introduction, Schemel Patrick gave an overview of UPR and its significance. She outlined that the “Universal Period Review is of paramount importance because it provides an opportunity for countries to declare what actions they have taken to improve human rights situations and to overcome challenges to the enjoyment of human rights. The UPR assesses the human rights records of UN member states in an effort to address human rights violations wherever they occur.”

Joel Simpson, Managing Director, SASOD

Mr Simpson presented on the legal framework highlighting especially the punitive laws which perpetuate targeted violence and wanton discrimination against LGBT people as they are socially and sporadically enforced by police and magistrates. Simpson also addressed in detail the violations of civil and political rights of LGBT people in Guyana, specifically focusing on the rights to life, liberty and personal security; right to equality; right to privacy; freedom of expression and restrictions against hate speech; as well as SASOD’s recommendations to address these issues. He reiterated SASOD’s call for the removal of Government Minister and Member of Parliament Juan Edghill who the report cites as “flagrantly inciting hatred and intolerance in the public sphere in direct contravention of the Guyana Constitution.” Edghill made headlines when he appeared on the local radio programme “Hard Talk” on June 15, 2014, spewing hate-filled remarks against LGBT people.

Chelauna Providence, Social Change Coordinator, SASOD

SASOD’s Social Change Coordinator Chelauna Providence presented on homophobic and transphobic discrimination affects LGBT Guyanese in their enjoyment of social and economic rights. She focused on basic rights such as the rights to work and housing, the right to health and the right to education. Providence addressed the recent Education Bill which was brought to Parliament in June this year and its draft non-discrimination clause which did not include sexual orientation and gender identity as grounds. She stated that “Government has so far squandered what would have been a good opportunity to outlaw homophobic and transphobic bullying in schools. The missed a golden opportunity to address issues which are plaguing many Guyanese children and inhibiting their abilities to access education. Anti-LGBT bulling is happening in schools and it’s not being addressed.”

In closing, Providence urged the diplomatic representatives to familiarize themselves with the mechanisms that exist to promote and protect fundamental Human Rights in Guyana by engaging Civil Society organizations, government and the populace.  She highlighted the abuses of the rights and freedoms, particularly of women, children and LGBT people throughout the country, resulting in some of the highest rates and earliest reports of child sexual abuse, skyrocketing suicide rates and continued gaps in access health services, particularly for key affected populations, especially LGBT persons. Lastly, they were encouraged to share the information as they engaged in dialogue, among their institutions and other colleagues whose countries sit on the UN Human Rights Council. “We especially encourage you to share with your capitals the human rights situation in Guyana as it relates to LGBT persons,” she stressed.

After the presentations, there was an interactive discussion. Many diplomatic representatives commended SASOD on its work, keeping these issues prominent on the national agenda, and reiterated their commitment to continuing their support of the work to address LGBT issues. Some issues raised included the need for an independent Human Rights Commission in Guyana; one which is free from political interference, and the need to invest in claiming legal rights for LGBT Guyanese.

James Bjorkman, Political and Economic Affairs Chief, US Embassy

In his closing remarks, the US Embassy’s Political and Economic Affairs Chief, James Bjorkman, thanked SASOD for their comprehensive report and presentations and encouraged his colleagues in the room to have meaningful discussions with their headquarters and other missions about LGBT issues in Guyana as its review comes up in early 2015 before the UN Human Rights Council in Geneva.

SASOD Reports Homophobic Government Minister to the United Nations

On Tuesday, July 15, 2014 at a press conference held in the Burbon Room at the Sidewall Café, the Society Against Sexual Orientation Discrimination (SASOD) launched a damning 11-page report on lesbian, gay, bisexual and transgender (LGBT) human rights in Guyana.

(l-r) Mr. Joel Simpson, Managing Director, SASOD; Ms. Tiffany Barry, Social Change Consultant, SASOD and Ms. Schemel Patrick, Advocacy and Communications Officer, SASOD.

SASOD, submitting the report along with the Sexual Rights Initiative (SRI), reported homophobic Government Minister Juan Edghill to the United Nations’ Human Rights Council for hate speech, as a violation of the Guyana Constitution and international human rights law, and called for his removal. SASOD also presented a 15-point list of recommendations to the Government of Guyana.

Ms. Tiffany Barry, Social Change Consultant, SASOD giving a brief synopsis of the UPR report

In giving a synopsis of the report, SASOD’s Social Change Consultant, Ms. Tiffany Barry outlined the 15 recommendations posited by SASOD. The recommendations include educating members of the uniformed forces and evaluating their performances based on their obligations in terms of non-discriminatory treatment towards marginalized groups; repeal sections 351 to 353 of the Criminal Law Offences Act Chapter 8:01 and 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act Chapter 8:02 which criminalise same-sex/gender intimacy between consenting adult men in private and cross-dressing, respectively; amend section 4 of the Prevention of Discrimination Act, Chapter 99:09, to include sexual orientation and gender identity as grounds for discrimination in employment, training and recruitment; among others.

The report titled “On Devil’s Island: A UPR Submission on LGBT Human Rights in Guyana” was submitted a month ago on June 15, the same day that Minister within the Ministry of Finance Juan Edghill made hate-inciting comments on Hard Talk – a local radio programme on iRadio - describing homosexuality as “destructive, unwholesome and unhealthy” saying it should not be tolerated in the Guyanese society.

Mr. Joel Simpson, Managing Director of SASOD, answering questions from the media.

In his remarks, Managing Director of SASOD, Mr. Joel Simpson said that “Edghill’s inflammatory edict amounts to hate speech as described by Article 146 (3) of the Guyana constitution as “speeches or other expressions, in whatever form, capable of exciting hostility or ill-will against any person or class of persons.” He further went on to say, “We are therefore calling for his removal as a Government Minister and Member of Parliament as this is a blatant violation of the fundamental rights and freedoms under the Guyana constitution.”

Others government representatives who have made  comments on LGBT issues over the past month were PPP/C’s Member of Parliament Manzoor Nadir stating that the outcry to scrap anti–LGBT laws is a “storm in a teacup” issue; and Presidential Adviser on Governance, Gail Teixeira’s recent remarks that “there is no fast track… to see change and support new rights.” Simpson questioned “which rock Nadir is living under” citing monthly media reports of violence, discrimination and injustice against LGBT Guyanese and multiple reports from the University of the West Indies’ Faculty of Law, SASOD and other groups. Simpson also responded to Teixeira declaring “yes, there is a fast track way. It’s political leadership and our government sorely lacks this when it comes to human rights issues.” He reiterated the call for better protection of existing human rights for LGBT people, rebuffing Teixeira’s salvo that these are “new rights.”

The full report can be found here.

          Submission to Support the Abolition of Corporal Punishment in Schools in Guyana

March 15, 2013

The Clerk of the Committee,

Special Select Committee On Guyana’s Commitment

To The United Nations Human Rights Council

With Regard To

The Abolition Of Corporal Punishment In The Schools,

The Abolition Of The Death Penalty And

The Decriminalization Of Consensual Adult Same Sex Relations And Discrimination Against Lesbians, Gays, Bi-Sexual And Transgender Persons

(Resolution No. 23 Of 2012) Committees Division

SASOD, as a human rights group, is in full support of abolishing corporal punishment in schools.

Physical violence is masked as corporal punishment in all spheres of Guyanese society, homes, schools and other institutions, and it is a significant contributing factor to the violence that prevails and plagues our society today. Such behavior towards children teaches them at an early age that resorting to violence is an acceptable way of dealing with:

·         intense emotions, such as anger, anxiety and stress;

·         to deal with conflict; and

·         that it is acceptable for people in authority to foist their will, rules or ways on those in their care through the use of brute force, in this case corporal punishment.

Further corporal punishment attacks the child's body and not the problem itself. It is useless if the goal is to correct a particular behavior. Rather it communicates and instills hatred and fear in the child.

Some persons believe that because their religion sanctions beating children that it is an acceptable form of disciplinary action, but those same religions also endorse many other human rights abuses that we consider abhorrent in civilized society today. Besides, Guyana is a secular nation where religion should be separate from the state and without undue influence on public policy and law making. Anything less would be regressive and colonial.   

The Ministry of Education has a ZERO tolerance policy on bullying, yet it is acceptable for teachers to beat children, as we have seen being reported in the local media. Is this not a form of bullying? The power lies with the bigger person, in this case the adult in charge.

To put it simply, beating children in Guyana's schools is an abuse of the power of adults over children. Guyana has to overcome a history of institutional violence being used, as was in the case during slavery, indentureship and colonialism. We are now an independent country and must move away from these barbaric, archaic practices which our current laws legitimize.

 The 2005 UNICEF/Ministry of Labour, Human Services and Social Security/Red Thread Report "Voices of Children: Experiences with Violence" states:

"The 2002 Ministry of Education guidelines state that corporal punishment of children should not be used by class teachers, but only by the Head Teacher in extreme cases. However, during this survey, children reported that corporal punishment is administered more often by teachers in the classroom than by the heads in Schools."

The report identifies not doing school work well as among the six most common reasons for the administration of corporal punishment in schools. Twenty percent (20%) of children interviewed said that they received corporal punishment for such things as not finishing work, not writing fast enough, and spelling words incorrectly. This indicates that corporal punishment is not only being used as a means of imposing discipline but to penalise children whose only 'crime' is performing below expectations in academic subjects. This group will include children who may be dyslexic, abused, or have mild physical disabilities.

The use of corporal punishment in this way is all the more intolerable because by creating a psychological association between physical punishment and school work, it encourages children who are unable to satisfy their teachers to believe themselves failures and this no doubt contributes significantly to the dropout rate. The 2005 report also states that:

"Children often mentioned being physically and emotionally hurt by the use of corporal punishment and even described being 'beaten bad' by their teachers [resulting in] swelling of hands so that it was difficult to write, leaving permanent marks on their skin, leaving them so humiliated that they could not concentrate on their work, or leaving them too afraid to ask for help."

The UN Secretary General's Study on Violence against Children suggests that there must be a turning point - an end to adult justification of violence against children, whether accepted as “tradition” or disguised as “discipline”. There can be no compromise in challenging violence against children. Children’s uniqueness - their potential and vulnerability, their dependence on adults - makes it imperative that they have more, not less, protection from violence.

Indiscipline throughout our institutions and throughout our streets is the product of women and men who suffered corporal punishment. The failures of reason and the easy recourse to violence in every situation in Guyana come from women and men who suffered corporal punishment.

We therefore call for the removal of the corporal punishment provisions from the Education Act and for legal abolition of corporal punishment in Guyana.

Ramkarran’s call for repeal of anti-gay laws should be cue for other politicians -SASOD

From http://www.stabroeknews.com/2012/news/stories/06/26/ramkarrans-call-for-repeal-of-anti-gay-laws-should-be-cue-for-other-politicians/

The Society against Sexual Orientation Discrimination (SASOD) is applauding former Speaker of the National Assembly and member of the PPP/C Ralph Ramkarran for his recent statements in support of the Lesbian, Gay, Bisexual and Transgender (LGBT) community in Guyana and said that other political leaders should take their cue from him.

Writing in April in an edition of the Weekend Mirror, Ramkarran noted that the current laws against gay sex are a colonial artefact, archaic and should be expunged from the statute books.
“What Mr. Ramkarran has done is open up this issue in Guyana,” said Vidyaratha Kissoon, one of the founding members of SASOD. He noted that some persons in the Caribbean, such as Portia Simpson Miller in Jamaica, have already been speaking on the issue.
Further he pointed out that anytime former president Bharrat Jagdeo—who remains one of the leaders of the ruling party—was asked about these issues, he always tried to maintain the position that he was not interested in discriminating against anyone. Kissoon said that Jagdeo took this stance when other leaders in the Caribbean at the time were taking a different approach to the whole question of LGBT rights.
“While we welcome Mr. Ramkarran’s statements we hope that other politicians make similar statements on their own behalf,” he said, recognising the challenges that party politics create in this regard. “We were surprised by that position but we welcome it,” he said.
“What we would expect though is that Mr. Ramkarran could be further engaged on this and we don’t know if he would be amenable and accessible to being involved in further discussion, more than just writing in the papers. This is how Guyana is…these messages have to be enforced,” he said.
“It is also clear that he is not representing the PPP which we think is unfortunate,” Kissoon added. “One of the things we have been learning from our history is that the PPP as a party held very progressive views on certain social issues, such as not supporting corporal punishment of children.”
“SASOD’s experience has been that many of the MPs know that these issues have to be dealt with but they are afraid of the backlash,” he said. Nevertheless, he noted that SASOD hopes Ramkarran’s open support of the LGBT community would inspire others to do the same. “Their silence means that they are consenting to the discrimination out there,” he pointed out.
SASOD’s executive and founding member Joel Simpson also applauded Ramkarran for finding the courage to publicly support equality and human rights for LGBT Guyanese and the repeal of laws which discriminate and justify abuses against that community.
“We have long recognised that rational, right-thinking Guyanese who support human rights and democratic freedoms for all citizens could come to no other reasonable conclusion, but to call for the repeal of these insidious laws,” Simpson said in a comment to this newspaper. “We hope that other Guyanese politicians, religious figures and opinion leaders will be as brave to publicly articulate similar positions soon,” he said.
Simpson noted that the Government of Guyana has announced its intention to honour its international commitments made through the Universal Periodic Review (UPR) process to hold consultations with a view to repealing the laws which run contrary to Guyana’s human rights obligations.
“Given the response by sections of the Evangelical Christian community to government’s announcement, SASOD is also pleased that Mr. Ramkarran recognises that homosexuality is completely normal, and not a ‘condition’ that ought to ‘cured’ by counselling, therapy or other means,” Simpson said.
“In fact, science supports Mr. Ramkarran’s position. No less a world-renown body than the American Psychological Association (APA) has indicated that there is no adequate research that therapy aimed at changing sexual orientation is safe and effective, and that these attempts can rather be harmful, by reinforcing stereotypes and contributing to a negative climate for LGBT people, especially in conservative religious settings,” he said.
“SASOD is proud that Mr. Ramkarran took this public stance, knowing that he will be on the right side of history,” said Simpson.
In his column, Ramkarran said that the Guyanese society should be liberal in outlook and socially progressive in character. “We must lead the way in the Caribbean region and lead the way in dispensing with the outdated notion that heterosexuality is the basic premise of masculinity for the male and femininity for the woman. Negative social attitudes should be combated even if they are popular. And where conditions exist making it is possible to do so, as in Guyana, it ought to be done,” Ramkarran wrote.
“Discrimination has no place in Guyana. The LGBT community is crying out for recognition and an end to ridicule, violence and discrimination,” he wrote.
He said that the continuation of discriminatory practices “harms our society and criminalises people in our midst who chose to live differently from the majority but nevertheless make as good a contribution to society as anyone else.” “Unfortunately Guyana and the rest of our Caribbean societies are deeply conservative on social issues. But I am not going as far on this occasion as asking for approval of same sex marriage. While I support it, I hardly believe that either our people or our Government, and indeed even our Opposition, will want to accommodate that issue at this time,” Ramkarran wrote.

Associated link :

DECRIMINALISING ALTERNATIVE LIFESTYLES Ralph Ramkarran

SASOD Statement on Government of Guyana UPR Consultations

The Society Against Sexual Orientation Discrimination (SASOD) welcomes the commitment of the Guyana government to host consultations on issues related to matters of law reform on sexual orientation and gender identity, as part of its obligations to report back to the United Nations Human Rights Council for the Universal Periodic Review (UPR) process on these and other recommendations by September 2012. However, we are disappointed that the Cabinet Secretary, Dr. Roger Luncheon, misled the Guyanese public that the focus of these consultations is on "decriminalization of same-sex unions," as reported by Demerara Waves. The Cabinet Secretary, as well as the Presidential Advisor on Governance and the cabinet sub-committee on governance, should fully well know that same-sex unions, or "gay marriage" as one newspaper headline has already indicated, are not the subject of the state' obligations which are presently being considered under Guyana' UPR.

We are disappointed that such a high-ranking government official would misuse, whether deliberately or unwittingly, the critical politics of language to whip up public hysteria with such snide references to fearful notions of "gay marriage" Having identified itself as the facilitators of this process, the government's actions raise questions as to whether its intentions to consult are genuine, and whether it can be trusted to lead this process. We therefore recommend a more inclusive framework which includes the parliamentary opposition and can also minimize partisan positions when these reforms reach the National Assembly.

Also troubling are Dr. Luncheon's statements that, quoting Demerara Waves,

"we have the remaining months of this year to conclude the consultations, summarise what comes from these consultations and to present those findings as they are grouped and formulated as the State's policy on these three matters." SASOD would like to make its position unequivocally clear, that consultation does not mean referendum, and reiterate our stated position that the Guyana constitution is the ultimate guide on matters of citizen participation in decision-making. As Article 13 states, "the principal objective of the political system is to establish an inclusionary democracy by providing increasing opportunities for the participation of citizens and their organizations in the management and decision-making processes of the State with particular emphasis on those areas of decision- making that directly affect their well-being."

The key stakeholders of this consultative process are lesbian, gay, bisexual and transgender (LGBT) Guyanese citizens as these discriminatory laws affect our everyday lives and lived experiences. Our communities and organisations must therefore be able to manage and take centre stage in this process as these decisions affect our identities and citizenship and our views must be heavily weighted.

Guyana formally started its UPR process at the United Nations (UN) in 2010.

The UN Human Rights Council recommended that the state repeal all laws which discriminate against persons based on their sexual orientation and gender identity. These include sections 351, 352 and 353 of the Criminal Law (Offences) Act Chapter 8:01 which penalize consensual forms of intimacy between adult men in private with prison sentences ranging from two years to life imprisonment, and section 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act Chapter 8:02 which criminalises cross-dressing. After a targeted police crackdown in February 2009 where seven persons who were born biologically male were arrested for wearing female attire, four of those persons and SASOD filed a suit against the state challenging the constitutional validity of these discriminatory laws. The case is presently before the court where the Attorney General is representing the government in defence of these laws on which it now seeks to consult to determine its position.

CARIBBEAN GROUPS JOIN INTERNATIONAL COMMUNITY IN SALUTING MURDERED AFRICAN HUMAN RIGHTS WORKER

Caribbean associations working on reproductive, sexuality and HIV issues have issued a brief joint statement of condolence and tribute to the life of slain Sexual Minorities Uganda human rights defender David Kato. The statement, signed by over 25 groups in 16 territories, calls attention, in the United Nations Year of People of African Descent, to Kato’s international inspiration as an African defender of sexual rights. It notes the continuing danger that sexuality, and the human rights defenders who work in this area, face in the Caribbean and elsewhere; and Governments’ failure to champion people’s freedom over their own bodies when it comes to sexuality.

In the face of a proposal in the Uganda parliament to execute citizens for consensual homosexual acts and a clergy-led campaign to whip up animosity against gay sexuality, several Ugandan human rights groups have fought back. Kato’s picture, captioned “Hang Them” was featured on the cover of tabloid Rolling Stone in November, one of a number of instances of media attempts to “out” gay and lesbian people, several of whom, like him, received death threats and other harassment. He and others successfully sued for damages, and the courts blocked the paper from further outing three weeks ago. On January 26, he reportedly suffered blows to his head with a hammer in his residence, and died. The European Union, United States President Barack Obama and others have condemned the killing and paid tribute to Kato’s work.

Across the Caribbean, those of us who knew Sexual Minorities Uganda advocacy officer David Kato Kisule as a friend, as well as those who only read of his work, are deeply moved by his powerful and courageous life. As fellow sexual rights advocates, we convey deepest condolences to all his loved ones and fellow activists on his awful murder. We have been horrified by the inhumanity and hysteria of Uganda’s parliamentary, media and clergy campaigns to deny gay people like David the simple right to liberty, privacy, dignity and joy. We join others throughout the African diaspora in our pride in David’s conviction and passion as an outspoken African champion of sexual autonomy – even when it put his liberty and life in great danger – and his record as an internationally recognized human rights defender. His inspiration stretches around the globe to those who also struggle against ignorance, indifference and violence to create countries and a world where everyone can enjoy our sexuality as something good and wholesome and worthwhile, free from shame and coercion.

Were it not for advocacy late last year, 13 Caribbean countries would have allowed “sexual orientation” to be removed from an international statement of commitment to protect persons from unlawful killing because of who they are. David’s death, following threats against his life, is a gripping reminder of the importance of those protections, and a sobering one of how much more work needs to be done to give people the right to freedom over their bodies in places like Africa and the Caribbean, where battles against slavery, colonialism, racism, apartheid, genocide, gender inequality and religious persecution ought to have taught us better lessons. David’s life and death are reason to renew international commitment to sexual rights, to increase our vigilance for our colleagues in danger in Uganda. We respectfully urge Uganda’s politicians, media and clergy and international Christian advocates who have become entangled in this hostility to seize the opportunity to bring an end to yet another painful chapter of intergroup violence in Africa.

AIDS Action Foundation – St. Lucia • AIDS Free World • ALFA: Alternative Life Foundation Aruba • Alianza GTH – República Dominicana • Amigos Siempre Amigos – República Dominicana • ASPIRE: Advocates for Safe Parenthood-Improving Reproductive Equity – Trinidad & Tobago • Barbados Family Planning Association • Belize Family Life Association • Belize National AIDS Commission • CAISO: Coalition Advocating for Inclusion of Sexual Orientation – Trinidad & Tobago • Caribbean Family Planning Affiliation • Caribbean Harm Reduction Coalition • Caribbean Vulnerable Communities Coalition • CariFLAGS: Caribbean Forum for Liberation & Acceptance of Genders & Sexualities • DiBo: Diversity Bonaire • DominicaChaps • Family Planning Association of Trinidad & Tobago • Foko Curaçao Pride • Fondation SEROvie – Haiti • GrenCHAP – Grenada • J-FLAG: Jamaica Forum for Lesbians All-Sexuals and Gays • MOVADAC: Movement Against Discrimination Action Committee – Barbados • Pink Orange Dutch Caribbean LGBTI Alliance • Pride In Action – Jamaica • RevASA: Red de Voluntarios de ASA – República Dominicana • SASOD: Society Against Sexual Orientation Discrimination – Guyana • SASH Bahamas: Society Against STIs & HIV • Tjenbé Rèd: Fédération de lutte contre les racismes, les homophobies & le sida issue des communautés afrocaribéennes • UniBAM: United Belize Advocacy Movement • United and Strong – St. Lucia • Women Against Rape, Inc – Antigua • Women’s Institute for Alternative Development – Trinidad & Tobago • Women Way – Suriname