Abolish Corporal Punishment in Guyana – SASOD tells parliamentary committee on Universal Children's Day

On Universal Children’s Day, Wednesday, November 20, 2013, the Society Against Sexual Orientation Discrimination (SASOD) made oral presentations and responded to questions based on its February 2013 written submission to the Parliamentary Special Select Committee on Guyana’s Commitment to the United Nations Human Rights Council to abolish corporal punishment.

At the meeting with the Committee, SASOD was represented by member Collis Augustine, Advocacy and Communications Officer Schemel Patrick and Secretary of the Board of Trustees, Zenita Nicholson. The meeting discussed the necessity to strengthen dialogue with civil society partners, other stakeholders and more conservative groups on the issue of corporal punishment in schools. Discussions were also centered on the need for these groups and individuals working to create change to continue to advocate and to demonstrate why it’s imperative for the government to comply with United Nations children’s rights standards on corporal punishment. 

In recent times, SASOD has been increasingly focused on children’s issues in Guyana. In December 2012, SASOD launched its Child Protection Policy which echoed its commitment to ensuring that the rights of Guyana’s children are respected and protected, as well as to provide a framework to assist all representatives in carrying out their duties to safeguard children’s welfare and promote awareness of child protection issues. 

In January 2013, SASOD along with three other civil society groups - Red Thread, Family Action Consciousness Togetherness (FACT) and Artistes In Direct Support (A.I.D.S.) - made a joint submission to the United Nations (UN) Committee on the Rights of the Child that focused on “Sexuality and Gender Issues Affecting Children in Guyana” as the state's record was under review. In its concluding observations, the UN Committee recommended that Guyana address discrimination against children based on their sexual orientation and gender identity.  

Then in May 2013, SASOD led the Guyana Equality Forum (GEF) in its observance of the International Day Against Homophobia and Transphobia (IDAHO) under the theme “Children are Our Future” to keep a local spotlight on the Special Select Committee of the National Assembly that is currently holding consultations on the abolition of corporal punishment in schools, and the need to create a safe and enabling environment for children, regardless of sexual orientation, gender identity and gender expression.

And just last month, on October 28, 2013, SASOD along with three other civil society groups -Red Thread, Family Action Consciousness Togetherness (FACT) and Artistes In Direct Support (A.I.D.S.) – made submissions before the Inter-American Commission on Human Rights (IACHR) on "Violence, Sexuality and Gender Issues Affecting Children in Guyana." One of the issues highlighted was corporal punishment. The Ministry of Education’s guidelines on maintaining order speak to the regulated and documented use of corporal punishment in schools “as a last resort.” However, the use of corporal punishment in schools is commonplace, to the extent that teachers appear not to recognize when they are using this form of abuse on the children in their care. Additionally, the very fact of allowing “regulated and documented use of corporal punishment” gives teachers permission to use it. Children have suffered needless injuries because of teachers’ violence. Past newspaper reports of dislocated shoulders, fractures and marks left on children have only served to intensify the chorus that children are out of control and that teachers need protection. To put it simply, beating children in Guyana's schools is an abuse of the power of adults over children. 

SASOD joins other rights groups in the call to explicitly prohibit corporal punishment in all settings, particularly in the domestic and school contexts; strengthen and expand awareness-raising and education programmes and campaigns, in order to promote positive and alternative forms of discipline and respect for children’s rights, with the involvement of children, while raising awareness about the adverse consequences of corporal punishment in Guyana.

As we observe Universal Children’s Day, SASOD is reiterates its position to abolish corporal punishment in schools and continues to work with other civil society groups advocating for an end to all forms of violence, abuse and discrimination against children. 

On Saturday, November 23, 2013, SASOD, as part of the Guyana Equality Forum (GEF), is hosting a mural painting exercise at the Georgetown Seawall, between Vlissengen Road and Pere Street commencing at 15:00 hrs. Also collaborating with the GEF are the interim Guyana National Youth Council, Youth Challenge Guyana, Youths For Guyana and the Guyana Girl Guides Association. Ms. Ann Greene, Director of the Childcare and Protection Agency, and Ms. Marianne Flach, UNICEF Representative to Guyana, are expected to make remarks. The GEF is observing Universal Children’s Day under the theme “Speak out against Violence, Abuse and Discrimination of Children.” We expect attendance from a wide cross-section of civil society, governmental and international partners. The general public and the media are invited to attend and participate in this event.  

Children at the Mural Painting with Director for Childcare and Protection Agency, Ms. Ann Greene; UNICEF Representative, Ms. Marianna Flach; SASOD contractors and volunteers. 

 Photo Credit: Guyana Chronicle

Please see more photos on our website - http://sasod.org.gy/photos-universal-childrens-day-mural-painting 

Caribbean Women and Sexual Diversity Conference

 

This saw 35 women from 14 countries coming together to share, learn and build lifelong connections and friendships. Partnerships may have also come out of this; I know love did.This strengthening activity was made possible because of effective coordination of the organizers: St. Lucian human rights organisation United and Strong Inc (U&S) and from Curacao, Fundashon Orguyo Korsou/Curacao Pride Foundation (FOKO). The theme was: “Strengthening the invisible woman and empowering her to leadership.” And that’s just what it did. The aim was to help build the advocacy strengths and help us to understand and deal with LBT women’s issues. For us to return home and advocate from a point of understanding of our rights, our strengths, our weaknesses and with the knowledge that there are others we can call on for help if we need it.

Some of us in a group                                             © photo courtesy of Amina Doherty

The CWSDC was funded by a combination of partners. The Caribbean Forum for the Liberation and Acceptance of Genders and Sexualities (CariFLAGS), Arcus Foundation, ARC International, International Gay and Lesbian Human Rights Commission (IGLHRC), Council for Global Equality, the Astraea Lesbian Foundation For Justice and Envisioning Global LGBT Human Rights. Importantly to point out also is, the conference was tragically planned at the time of Curacao’s first week of LGBT pride celebrations to give support, and also a few activities were incorporated with the conference. One such activity was the award ceremony in recognision of persons who contributed to the LGBT movement over the years. Kenita Placide of United & Strong Inc, Mario Kleinmodig and Dudley Ferdinandus of FOKO and Faye Ferdinandus of CariFLAGS along with many others were recognised. Many of us celebrated in the pride events; for some of us, it was our first pride celebration.

Some of the women celebrating pride                            

Our facilitators were mostly women, women with gusts of inspiring strengths, which was very refreshing. They covered Self-Defense (our first activity in the mornings), Proposal Writing, Leadership, Violence in Same-Sex Relationships and recognising it, and much more. Many of our days were packed with group discussions, finding new ways to strengthen our capacities. For some, the night outs after each day’s session worked as an outlet to forge new friendships, and re-energize to return to the next day’s session with vigor. I also had the privilege of video recording the sessions of CWSDC. It all was a very edifying experience for me. Ulelli Verbeke :)

The humble Kenita Placide and I                         © photo courtesy of Maria Fontenelle

Conference photos

'Human Rights Need Your Leadership' – IACHR tells Guyana Government

Joint Media Release from Red Thread, FACT, A.I.D.S. and SASOD

Four Guyanese civil society organisations - Red Thread, Family Action Consciousness Togetherness (FACT), Artistes In Direct Support (A.I.D.S.) and the Society Against Sexual Orientation Discrimination (SASOD) - working on intersectional rights issues affecting child across the country, made submissions at a hearing with the state of Guyana before the Inter-American Commission on Human Rights (IACHR) on "Violence, Sexuality and Gender Issues Affecting Children in Guyana" during its 149th Ordinary Period of Sessions in Washington, D.C. on Monday, October 28, 2013.  

The hearing focused on three specific issues currently affecting children in Guyana: (1) corporal punishment; (2) discrimination and abuse based on sexual orientation and gender identity; and (3) comprehensive sexuality education in schools.

Karen De Souza, National Coordinator of Red Thread, reported that the principal narrative on corporal punishment is that children are out of control and teachers need the whip to regain and/or maintain control of and exercise authority over them. The Ministry of Education’s guidelines on maintaining order speak to the regulated and documented use of corporal punishment in schools “as a last resort.” However, the use of corporal punishment in schools is commonplace, to the extent that teachers appear not to recognize when they are using this form of abuse on the children in their care. Additionally, the very fact of allowing “regulated and documented use of corporal punishment” gives teachers permission to use it.

Children have suffered needless injuries because of teachers’ violence. Past newspaper reports of dislocated shoulders, fractures and marks left on children have only served to intensify the chorus that children are out of control and that teachers need protection. Eight-year old Guyanese Daria Nicholson, who presented at the hearing, described her feelings of shame, anger and sadness having received several lashes from her class teacher because she forgot her exercise book at home. She was never asked by her teacher to provide an explanation.

Daria Nicholson (centre) presenting at the hearing, flanked by Karen De Souza (left) of Red Thread and her mother Zenita Nicholson (right) of SASOD

For the second time, in 2012, the National Assembly appointed a select committee to receive submissions on the abolishment of corporal punishment in schools, but the committee has not yet reported to the National Assembly. The civil society delegation reported that the government seems to be pandering to the misguided view that discipline is equivalent to punishment, rather than honouring the state’s obligation to put an end to all forms of violence against children. “Corporal punishment must be abolished,” De Souza reiterated at Monday's IACHR hearing.

Annette Jaundoo, Executive Director of FACT pointed out that, “the state has no effective systems in place to deal with these kinds of issues where children are violently abused because of their sexual orientation and gender identity, whether real or perceived, by their families, teachers, caregivers or persons who are responsible for their wellbeing and safety.” There is little or no support in schools for these children. Students face discrimination and are targeted not only by their peers but also sometimes by teachers, whose personal views may be homophobic.

Further, information about health and sexuality is one of the only critical tools that young people have to protect themselves from disease, and to make informed decisions about well-being and sexuality. Desiree Edghill, Executive Director of A.I.D.S., shared that NGOs working along with the teachers to implement the Health and Family Life Education (HFLE) programme in schools found that the teachers were not only behind in the roll-out of the HFLE manual, but they were also selecting certain exercises to conduct, rather than following the format of the manual and how they were trained to execute them. “It is important to follow the format, because the exercises build on and flow into each other,” Edgehill told the IACHR hearing on Monday. She also reported that children were more comfortable discussing sexuality and gender issues and issues of abuse with NGO staffers, rather than their teachers.

(From left to right) Desiree Edgehill (A.I.D.S.) presents with Annette Jaundoo (FACT), Karen De Souza (Red Thread), Daria Nicholson and Zenita Nicholson (SASOD)

The Honourable Minister of Human Services and Social Security, Ms. Jennifer Webster, M.P. responded on behalf of the Government of Guyana at the IACHR hearing. Unfortunately, the Government misunderstood the nature of the hearing and spent the better part of the allotted time challenging procedural matters related to individual petitions, which this hearing was not. Commissioner Dinah Shelton, who is the Rapporteur for Guyana, reiterated the IACHR President's response to Minister Webster that the hearing was not an individual petition, but a general hearing, as no individual name or case was the basis for requesting the hearing.

(From left to right) Civil society presenters, IACHR Comissioners (centre table) and Hon. Minister Jennifer Webster, M.P. and Guyana's Ambassador to the OAS, H.E. Bayney Karran

The delegation proposed several recommendations to the Government of Guyana and the IACHR, including that the Sex and Sexuality theme of the HFLE curriculum is reviewed and objective information on sexual orientation and gender identity aimed at preventing violence, abuse and discrimination in schools is incorporated, as well as providing training at Cyril Potter Teachers Training College curriculum on understanding of sexuality and gender issues affecting children in Guyana's schools.

Concluding her responses to the Minister's report that the National Assembly has convened a special select committee to hold public consultations on these issues, which are still ongoing, Commissioner Shelton emphatically stated that human rights shouldn't be put to a vote, and that these issues need government leadership, even in advance of public opinion, including positive measures to prevent violence.

IACHR Commissioners at the Guyana Hearing (left to right): Rosa Maria Ortiz, rapporteur with responsibility for children's rights, Jose De Jesus Orozco Henriquez, President of IACHR, and Dinah Shelton, rapporteur responsible for Guyana

The IACHR is a principal and autonomous organ of the Organisation of American States (OAS) whose mission is to promote and protect human rights in the American hemisphere and act as a consultative body to the OAS in this area. It is composed of seven independent members who are elected in their individual capacity by the OAS General Assembly, serve in their personal capacity and do not represent their countries of origin. Created in 1959, the Commission has its headquarters in Washington, D.C. 

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Video Recording of the Hearing on Violence, Sexuality and Gender Issues Affecting Children in Guyana on the IACHR YouTube Channel: http://youtu.be/vFTa6ZL1UBk

'Human Rights Need Your Leadership' – IACHR tells Guyana Government

Joint Media Release from Red Thread, FACT, A.I.D.S. and SASOD

Four Guyanese civil society organisations - Red Thread, Family Action Consciousness Togetherness (FACT), Artistes In Direct Support (A.I.D.S.) and the Society Against Sexual Orientation Discrimination (SASOD) - working on intersectional rights issues affecting child across the country, made submissions at a hearing with the state of Guyana before the Inter-American Commission on Human Rights (IACHR) on "Violence, Sexuality and Gender Issues Affecting Children in Guyana" during its 149th Ordinary Period of Sessions in Washington, D.C. on Monday, October 28, 2013.  

The hearing focused on three specific issues currently affecting children in Guyana: (1) corporal punishment; (2) discrimination and abuse based on sexual orientation and gender identity; and (3) comprehensive sexuality education in schools.

Karen De Souza, National Coordinator of Red Thread, reported that the principal narrative on corporal punishment is that children are out of control and teachers need the whip to regain and/or maintain control of and exercise authority over them. The Ministry of Education’s guidelines on maintaining order speak to the regulated and documented use of corporal punishment in schools “as a last resort.” However, the use of corporal punishment in schools is commonplace, to the extent that teachers appear not to recognize when they are using this form of abuse on the children in their care. Additionally, the very fact of allowing “regulated and documented use of corporal punishment” gives teachers permission to use it.

Children have suffered needless injuries because of teachers’ violence. Past newspaper reports of dislocated shoulders, fractures and marks left on children have only served to intensify the chorus that children are out of control and that teachers need protection. Eight-year old Guyanese Daria Nicholson, who presented at the hearing, described her feelings of shame, anger and sadness having received several lashes from her class teacher because she forgot her exercise book at home. She was never asked by her teacher to provide an explanation.

Daria Nicholson (centre) presenting at the hearing, flanked by Karen De Souza (left) of Red Thread and her mother Zenita Nicholson (right) of SASOD

For the second time, in 2012, the National Assembly appointed a select committee to receive submissions on the abolishment of corporal punishment in schools, but the committee has not yet reported to the National Assembly. The civil society delegation reported that the government seems to be pandering to the misguided view that discipline is equivalent to punishment, rather than honouring the state’s obligation to put an end to all forms of violence against children. “Corporal punishment must be abolished,” De Souza reiterated at Monday's IACHR hearing.

Annette Jaundoo, Executive Director of FACT pointed out that, “the state has no effective systems in place to deal with these kinds of issues where children are violently abused because of their sexual orientation and gender identity, whether real or perceived, by their families, teachers, caregivers or persons who are responsible for their wellbeing and safety.” There is little or no support in schools for these children. Students face discrimination and are targeted not only by their peers but also sometimes by teachers, whose personal views may be homophobic.

Further, information about health and sexuality is one of the only critical tools that young people have to protect themselves from disease, and to make informed decisions about well-being and sexuality. Desiree Edghill, Executive Director of A.I.D.S., shared that NGOs working along with the teachers to implement the Health and Family Life Education (HFLE) programme in schools found that the teachers were not only behind in the roll-out of the HFLE manual, but they were also selecting certain exercises to conduct, rather than following the format of the manual and how they were trained to execute them. “It is important to follow the format, because the exercises build on and flow into each other,” Edgehill told the IACHR hearing on Monday. She also reported that children were more comfortable discussing sexuality and gender issues and issues of abuse with NGO staffers, rather than their teachers.

(From left to right) Desiree Edgehill (A.I.D.S.) presents with Annette Jaundoo (FACT), Karen De Souza (Red Thread), Daria Nicholson and Zenita Nicholson (SASOD)

The Honourable Minister of Human Services and Social Security, Ms. Jennifer Webster, M.P. responded on behalf of the Government of Guyana at the IACHR hearing. Unfortunately, the Government misunderstood the nature of the hearing and spent the better part of the allotted time challenging procedural matters related to individual petitions, which this hearing was not. Commissioner Dinah Shelton, who is the Rapporteur for Guyana, reiterated the IACHR President's response to Minister Webster that the hearing was not an individual petition, but a general hearing, as no individual name or case was the basis for requesting the hearing.

(From left to right) Civil society presenters, IACHR Comissioners (centre table) and Hon. Minister Jennifer Webster, M.P. and Guyana's Ambassador to the OAS, H.E. Bayney Karran

The delegation proposed several recommendations to the Government of Guyana and the IACHR, including that the Sex and Sexuality theme of the HFLE curriculum is reviewed and objective information on sexual orientation and gender identity aimed at preventing violence, abuse and discrimination in schools is incorporated, as well as providing training at Cyril Potter Teachers Training College curriculum on understanding of sexuality and gender issues affecting children in Guyana's schools.

Concluding her responses to the Minister's report that the National Assembly has convened a special select committee to hold public consultations on these issues, which are still ongoing, Commissioner Shelton emphatically stated that human rights shouldn't be put to a vote, and that these issues need government leadership, even in advance of public opinion, including positive measures to prevent violence.

IACHR Commissioners at the Guyana Hearing (left to right): Rosa Maria Ortiz, rapporteur with responsibility for children's rights, Jose De Jesus Orozco Henriquez, President of IACHR, and Dinah Shelton, rapporteur responsible for Guyana

The IACHR is a principal and autonomous organ of the Organisation of American States (OAS) whose mission is to promote and protect human rights in the American hemisphere and act as a consultative body to the OAS in this area. It is composed of seven independent members who are elected in their individual capacity by the OAS General Assembly, serve in their personal capacity and do not represent their countries of origin. Created in 1959, the Commission has its headquarters in Washington, D.C. 

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Video Recording of the Hearing on Violence, Sexuality and Gender Issues Affecting Children in Guyana on the IACHR YouTube Channel: http://youtu.be/vFTa6ZL1UBk

'Human Rights Need Your Leadership' – IACHR tells Guyana Government

Joint Media Release from Red Thread, FACT, A.I.D.S. and SASOD

Four Guyanese civil society organisations - Red Thread, Family Action Consciousness Togetherness (FACT), Artistes In Direct Support (A.I.D.S.) and the Society Against Sexual Orientation Discrimination (SASOD) - working on intersectional rights issues affecting child across the country, made submissions at a hearing with the state of Guyana before the Inter-American Commission on Human Rights (IACHR) on "Violence, Sexuality and Gender Issues Affecting Children in Guyana" during its 149th Ordinary Period of Sessions in Washington, D.C. on Monday, October 28, 2013.  

The hearing focused on three specific issues currently affecting children in Guyana: (1) corporal punishment; (2) discrimination and abuse based on sexual orientation and gender identity; and (3) comprehensive sexuality education in schools.

Karen De Souza, National Coordinator of Red Thread, reported that the principal narrative on corporal punishment is that children are out of control and teachers need the whip to regain and/or maintain control of and exercise authority over them. The Ministry of Education’s guidelines on maintaining order speak to the regulated and documented use of corporal punishment in schools “as a last resort.” However, the use of corporal punishment in schools is commonplace, to the extent that teachers appear not to recognize when they are using this form of abuse on the children in their care. Additionally, the very fact of allowing “regulated and documented use of corporal punishment” gives teachers permission to use it.

Children have suffered needless injuries because of teachers’ violence. Past newspaper reports of dislocated shoulders, fractures and marks left on children have only served to intensify the chorus that children are out of control and that teachers need protection. Eight-year old Guyanese Daria Nicholson, who presented at the hearing, described her feelings of shame, anger and sadness having received several lashes from her class teacher because she forgot her exercise book at home. She was never asked by her teacher to provide an explanation.

Daria Nicholson (centre) presenting at the hearing, flanked by Karen De Souza (left) of Red Thread and her mother Zenita Nicholson (right) of SASOD

For the second time, in 2012, the National Assembly appointed a select committee to receive submissions on the abolishment of corporal punishment in schools, but the committee has not yet reported to the National Assembly. The civil society delegation reported that the government seems to be pandering to the misguided view that discipline is equivalent to punishment, rather than honouring the state’s obligation to put an end to all forms of violence against children. “Corporal punishment must be abolished,” De Souza reiterated at Monday's IACHR hearing.

Annette Jaundoo, Executive Director of FACT pointed out that, “the state has no effective systems in place to deal with these kinds of issues where children are violently abused because of their sexual orientation and gender identity, whether real or perceived, by their families, teachers, caregivers or persons who are responsible for their wellbeing and safety.” There is little or no support in schools for these children. Students face discrimination and are targeted not only by their peers but also sometimes by teachers, whose personal views may be homophobic.

Further, information about health and sexuality is one of the only critical tools that young people have to protect themselves from disease, and to make informed decisions about well-being and sexuality. Desiree Edghill, Executive Director of A.I.D.S., shared that NGOs working along with the teachers to implement the Health and Family Life Education (HFLE) programme in schools found that the teachers were not only behind in the roll-out of the HFLE manual, but they were also selecting certain exercises to conduct, rather than following the format of the manual and how they were trained to execute them. “It is important to follow the format, because the exercises build on and flow into each other,” Edgehill told the IACHR hearing on Monday. She also reported that children were more comfortable discussing sexuality and gender issues and issues of abuse with NGO staffers, rather than their teachers.

(From left to right) Desiree Edgehill (A.I.D.S.) presents with Annette Jaundoo (FACT), Karen De Souza (Red Thread), Daria Nicholson and Zenita Nicholson (SASOD)

The Honourable Minister of Human Services and Social Security, Ms. Jennifer Webster, M.P. responded on behalf of the Government of Guyana at the IACHR hearing. Unfortunately, the Government misunderstood the nature of the hearing and spent the better part of the allotted time challenging procedural matters related to individual petitions, which this hearing was not. Commissioner Dinah Shelton, who is the Rapporteur for Guyana, reiterated the IACHR President's response to Minister Webster that the hearing was not an individual petition, but a general hearing, as no individual name or case was the basis for requesting the hearing.

(From left to right) Civil society presenters, IACHR Comissioners (centre table) and Hon. Minister Jennifer Webster, M.P. and Guyana's Ambassador to the OAS, H.E. Bayney Karran

The delegation proposed several recommendations to the Government of Guyana and the IACHR, including that the Sex and Sexuality theme of the HFLE curriculum is reviewed and objective information on sexual orientation and gender identity aimed at preventing violence, abuse and discrimination in schools is incorporated, as well as providing training at Cyril Potter Teachers Training College curriculum on understanding of sexuality and gender issues affecting children in Guyana's schools.

Concluding her responses to the Minister's report that the National Assembly has convened a special select committee to hold public consultations on these issues, which are still ongoing, Commissioner Shelton emphatically stated that human rights shouldn't be put to a vote, and that these issues need government leadership, even in advance of public opinion, including positive measures to prevent violence.

IACHR Commissioners at the Guyana Hearing (left to right): Rosa Maria Ortiz, rapporteur with responsibility for children's rights, Jose De Jesus Orozco Henriquez, President of IACHR, and Dinah Shelton, rapporteur responsible for Guyana

The IACHR is a principal and autonomous organ of the Organisation of American States (OAS) whose mission is to promote and protect human rights in the American hemisphere and act as a consultative body to the OAS in this area. It is composed of seven independent members who are elected in their individual capacity by the OAS General Assembly, serve in their personal capacity and do not represent their countries of origin. Created in 1959, the Commission has its headquarters in Washington, D.C. 

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Video Recording of the Hearing on Violence, Sexuality and Gender Issues Affecting Children in Guyana on the IACHR YouTube Channel: http://youtu.be/vFTa6ZL1UBk

VACANCY

Applications are invited from suitably qualified persons to fill the position of Project Coordinator - Guyana Social Change Project within the Society Against Sexual Orientation Discrimination.

The Project Coordinator will be responsible for:    

• Coordinating all activities under the project and ensuring established deadlines are met.
• Preparing a work plan for project activities in accordance with the project timeline. 
• Monitoring the implementation of project activities and preparing project reports as required.
• Ensuring adherence to the accounting and financial requirements of the project.
• Conducting research on issues to support SASOD’s work around the project’s goals.
• Preparing monthly project reports in the specified format. 
• Managing engagements with stakeholders including political leaders, media, government agencies, private sector partners, trade unions, civil society groups and other agents. 
• Organizing meetings, workshops and other public events as required for the implementation of the project and furtherance of SASOD’s objectives.
• Organizing advocacy related initiatives including identifying and setting up meetings with key stake-holders and decision makers in the political, social, faith and other sectors. 
• Providing support for partner and stakeholder activities through solidarity actions, technical support, participation and other actions which promote SASOD’s visibility.

Qualifications and Experience 

At least a Bachelor’s Degree from an accredited university in Communication, English, Management, Social Sciences or other relevant discipline.

Substantial professional and/or volunteer experience in areas relevant to advocacy and communication is essential, including but not limited to, public communications, customer service, media, public relations, marketing, civic organizing, etc. 

Suitable candidates should send a resume, accompanied by a cover letter and a separate statement of approximately 300 words sharing their personal views on LGBT rights in Guyana to coordinator@sasod.org.gy copied to sasod@sasod.org.gy no later than 13:00 hrs on Friday, September 27, 2013.

To request Terms of Reference please send email to: sasod_admin@sasod.org.gy

Constitutional Court Rules Cross-Dressing is Not a Crime if Not for “Improper Purpose”

Joint Media Release from the Society Against Sexual Orientation Discrimination (SASOD), Guyana Trans United (GTU), Caribbean Vulnerable Communities Coalition (CVC), Caribbean Forum for Liberation and Acceptance of Genders and Sexualities (CariFLAGS) and the Faculty of Law University of the West Indies Rights Advocacy Project (U-RAP)

Constitutional Court Rules Cross-Dressing is Not a Crime if Not for “Improper Purpose”     

- Rights Groups Plan Appeal on Dubious Decision

Georgetown, Guyana

On Friday afternoon, September 6, 2013, the Honourable Chief Justice (Ag.), Mr. Ian Chang delivered his judgment in Quincy McEwan, Seon Clarke, Joseph Fraser, Seyon Persaud and the Society Against Sexual Orientation Discrimination (SASOD)   vs. Attorney General of Guyana. Section 153(1)(xlvii) of the Summary Jurisdiction (Offences) provision makes a criminal offence of a man wearing female attire, and a woman wearing male attire, publicly, for any improper purpose. The Chief Justice said that cross-dressing in a public place is an offence only if it is done for an improper purpose.

The Chief Justice also found that the police violated the human rights of the four litigants in the case during their crackdown in February 2009 when they arrested them under section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act and he awarded each of the four arrested compensation of $40,000 (GYD) for breach of their rights to be informed as soon as reasonably practicable as to the reason(s) for their arrests under Article 139 (3) of the Guyana Constitution.

Chief Justice Chang also decided that section 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act, is immune from the constitutional challenge brought by the four transgender litigants and their supporting organisations. As an 1893 law, pre-dating Guyana’s independence, the Chief Justice said “legislative rather than curial action is necessary to invalidate the provision.y to invalidate the provision”.” The litigants are preparing to appeal this and other aspects of Friday’s court decision. 

Colin Robinson, manager of the CariFLAGS secretariat based in Trinidad, praised the court’s finding that “It is not criminally offensive for a person to wear the attire of the opposite sex as a matter of preference or to give expression to or to reflect his or her sexual orientation.” The court also found that the law applies only to “attire” and not other gendered accoutrements such as head wigs, ear rings or even shoes. “The learned Chief Justice, however, has confused sexual orientation with gender identity,” Robinson commented.

Reacting to the judgment, the first-named applicant, Quincy McEwan, better known as Gulliver, who is also the Director of Guyana Trans United (GTU), noted that, “The Chief Justice was relatively clear that once you are expressing your gender identity, it’s not criminal for a man to wear female attire. But the law really stifles us, because what could be an improper purpose? The trans community is very worried, and still fearful of arrests, in light of this decision.” The court did not clarify what improper purposes gave rise to the arrests in this case.

The Chief Justice was not convinced the cross-dressing law amounted to ‘discrimination’ on the basis of gender, which would have been in violation of the Guyana Constitution. The court also ruled that the prohibition in the 1893 law is against persons of both genders for the same conduct and, as such, does not amount to discrimination based on gender. Se-shauna Wheatle is Jamaican and Lecturer in Law at Exeter College at the University of Oxford and a researcher in the fields of comparative human rights law and comparative constitutional law. Wheatle, who is the author of the 2013 report “Adjudication in Homicide Cases involving Lesbian, Gay, Bisexual and Transgender (LGBT) Persons in the Commonwealth Caribbean,” said that “The constitutional moment presented by this case demanded more detailed assessment of the issue of discrimination against transgender persons.” She observed that “The reasoning of the learned judge omitted any discussion of the prescription of gender roles to individuals according to their sex and the consequent requirement that individuals dress according to those prescribed gender roles. There was no discussion of the way in which the challenged section reflected such prescription of gender roles or the impact of this dynamic on persons who are transgender.”

The court also ruled that SASOD had no locus standi (standing) in the matter since the individual applicants brought the claim in their own names as the persons who were personally aggrieved. The Guyana Constitution was the first in the English-speaking Caribbean to give “an association acting on behalf of its members” the right to bring a claim before the Constitutional Court that there has been a breach of the guaranteed fundamental rights. The standing of SASOD is one of the issues which the litigants expect to argue before the Court of Appeal.

Similar sentiments were echoed by Zenita Nicholson, Secretary of SASOD’s board of trustees. “I feel the court lost a golden opportunity to give life to the Guyana constitution by vitiating this 1893 law against cross-dressing and establishing that all Guyanese are entitled to fundamental rights and freedoms, including our transgender citizens, who unfortunately will continue to be vulnerable to human rights abuses, with this dubious decision. We must appeal it,” she said.  

Dr. Arif Bulkan who argued the case on behalf of the litigants is a lecturer in constitutional law and human rights law at the Faculty of Law, UWI, St. Augustine and a coordinator of the Faculty of Law UWI Rights Advocacy Project (U-RAP), which has managed the litigation. Dr. Bulkan said that “This case raises issues of great public and constitutional importance relating to the scope of the restrictive savings law clauses in the Constitution that limit challenges to repressive colonial laws and the new provisions in the Guyana Constitution dealing with equality and non-discrimination. The region is closely watching this case.” He added that the legal team for the litigants, which includes Mr. Gino Persaud as instructing counsel, looks forward to arguing these important human rights concerns before the Court of Appeal. He said “In the content of our laws and details of our conduct, we must give meaning to the strong commitment in the Constitution to eliminate ‘any and every form of discrimination’ in Guyana.”

The case of McEwan, Clarke, Fraser, Persaud and SASOD v. Attorney General was initiated four years ago following the February 2009 conviction and fine of seven individuals for violating section 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act. The 1893 law makes it a criminal offence for men to wear female attire and for women to wear male attire “in any public way or public place, for any improper purpose.” Other activities criminalised in section 153(1) are: grooming an animal in a public place; placing goods in a public way in town; beating a mat in a public way; flying a kite in the city; loitering around a shop and hauling timber in a public way. Unrepresented and unaware of their rights, the defendants were detained in police custody over the weekend, and then hustled through the legal system and fined $7,500 (GYD) each.  

U-RAP co-founder, attorney-at-law and public law lecturer at the University of the West Indies (UWI), St. Augustine, Dr. Arif Bulkan explained that this colonial law was part of repressive penal regimes instituted in the second half of the nineteenth century throughout the Caribbean to severely constrain the lives and actions of recent freed Africans and the newly arrived indentured servants. Bulkan notes that “Despite the discriminatory aspects of these colonial laws, and their low regard for the majority colonial populations, vagrancy laws like section 153(1) have been kept in effect long after independence.” He adds that "The law is plainly at odds with the Guyana Constitution which states that it is committed to 'eliminating every form of discrimination.'”

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Hon. Mr. Justice Ian Chang – Chief Justice (Ag.) [Photo Credit: Stabroek News] 

Notes to editors

SASOD is a local human rights organization working to promote equality and justice for all Guyanese, and is particularly focused on eliminating discrimination based on sexuality, gender, sexual orientation, gender identity and gender expression in Guyana.

GTU is a local transgender group working to empower the Guyanese trans community, advocate for their human rights and participate as equal citizens in decisions which affect their lives.

CVC is a regional coalition of community leaders and non-governmental agencies providing services directly to and on behalf of vulnerable populations who are marginalised and excluded in the Caribbean.

CariFLAGS a 16-year-old lesbian, gay, bisexual, transgender and intersex (LGBTI) Caribbean advocacy network with offices in Castries, Kingston, Port of Spain and Santo Domingo, and affiliate organizations across the region.

U-RAP’s objective is to promote human rights and social justice in the Caribbean by undertaking and participating in human rights litigation in collaboration with human rights lawyers and organisations. The team of lawyers involved in this case includes Gino Persaud, Nigel Hughes and Miles Fitzpatrick, S.C.

Media Spokespersons:

Zenita Nicholson for SASOD: +592 662-8278

Quincy McEwan for GTU: +592 674-8741

Ivan Cruickshank for CVC: +1 876 631-7299

Colin Robinson for CariFLAGS: +1 868 758-7676