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

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 Statement on inappropriate Kaiteur News Front Page picture

On Saturday, June 2, Kaieteur News published a picture on its front page which showed a man beating a woman. This picture was published at a time when the intensity of male violence against women has increased.
Kaieteur News in its editorial of  June 6 said that their intention “was to bring home the seriousness of the disorder: it was not something that we should read about and then mutter “Tsk!Tsk!” Something has to be done.”
Kaieteur News seems not to understand that the objection to the photograph is not because people want to hide from the violence; the violence exists around us. The objection to the photograph is that the newspaper has, probably unintentionally, removed power from the woman to deal with her situation as she chooses. What is worse is that Kaieteur News itself might be guilty of what it accuses others of doing – just observing. Was a report made to the police? What did the police do? Was the man charged? If not, why not?  Guyana’s National Domestic Violence Policy states: “The safety and well being of those who are victims of domestic violence must be the first priority for any response.” Again, has the man been charged? Are the woman and any other vulnerable family member safe?
SASOD’s work with survivors of violence includes a reality that many survivors want to be healed and get over the trauma. Some might not want to go through an unfriendly police and justice system. The organisations in Guyana which have been working on gender-based violence can work with Kaieteur News and other media to show how to help to deal with this problem without causing stigma to any person who might not want their story told.
SASOD agrees with the KN editorial that “Females and males are all equal and must be given the autonomy to make their own decisions.”  If KN does not understand that the survivor of the violence must give permission for her story to be told and be able to decide what next steps to take then its editorial standpoint will only seek to reverse what it seems to want to set out to do. The rights of the survivors are paramount when dealing with gender-based violence or any other kind of violence.

Painting the Spectrum 2012 : SASOD's 8th LGBT Film Festival

Painting the Spectrum 8 : Schedule of Films

Monday 4 June, 2012 to Tuesday 3 July, 2012

Venue : Sidewalk Cafe, Middle Street, Georgetown Guyana
Programme starts at 7pm each Night
Admission Free 
All films intended for mature audiences

A collection will be made throughout the film festival to support Zanele Muholi's Equipment Replacement Campaign . Zanele lost her equipment and work recently  
We are grateful to Zanele Muholi for the donation of her film Difficult Love to the film festival 

Monday 4 June, 2012
Children of God

Kareem Mortimer/ Bahamas/ 2010/ 104 mins/ Romantic Drama/ English/ colour

Set against the backdrop of a nation grappling with violent homophobic crime and offering a scathing examination of the underlying hatred for gays rampant in Caribbean societies, Kareem Mortimer’s debut narrative feature tells the stories of three very different individuals: Lena, the conservative, deeply religious wife of a secretly gay firebrand pastor; Romeo, a handsome young black man hiding his sexuality from his close-knit and loving family; and Jonny, the conflicted and creatively-blocked white artist in search of himself. All three head for the spectacularly beautiful and tranquil island of Eleuthera, each with a different reason for escaping current circumstances. Soon, their disparate worlds collide in unexpected and affecting ways.

More information..  

Tuesday 5 June, 2012
The Secret Diaries of Annie Lister

James Kent/ England/ 2010/ 90 mins/ Biography/ English/ colour

Anne Lister is a young unmarried woman living in 19th century Yorkshire, with her aunt and uncle. The one thing she wants from life is to have someone to love and to share her life with. The person she has in mind is Mariana Belcombe with whom she has been conducting a secret romantic and sexual relationship. The relationship breaks apart when Mariana marries a rich widower named Charles Lawton. Depressed, Anne devotes her time to studying. A year after Mariana's wedding, Anne begins to think about finding another lover. She meets a young woman in church named Miss Browne, and they become close friends.

Sunday 10 June, 2012
Pariah

Dee Rees/ USA/ 2011/ 86 mins/ Drama/ English/ colour

Alike (pronounced ah-lee-kay), is a 17-year-old African-American woman who lives with her parents Audrey and Arthur and younger sister Sharonda in Brooklyn. Alike is quietly but firmly embracing her identity as a lesbian. With the sometimes boisterous support of her best friend, out lesbian Laura, Alike is especially eager to find a girlfriend. At home, her parents' marriage is strained and there is further tension in the household whenever Alike's development becomes a topic of discussion. Pressed by her mother into making the acquaintance of a colleague's daughter, Bina, Alike finds Bina to be unexpectedly refreshing to socialize with. Wondering how much she can confide in her family, Alike strives to get through adolescence with grace, humor, and tenacity - sometimes succeeding, sometimes not, but always moving forward.

Watch the trailer

Monday 11 June, 2012

Difficult Love

Zanele Muholi, Peter Goldsmid/ South Africa/ 2011/ 44mins/ Documentary/ English (subtitled)/ colour

A highly personal take on the challenges facing Black lesbians in South Africa today emerges through the life, work, friends and associates of 'visual activist' and internationally celebrated photographer, Zanele Muholi. The documentary looks at the experiences of South Africa’s black lesbian community, and how they have had to live under the threat of violence and corrective rape.

SASOD THANKS Zanele Muholi FOR THE CONTRIBUTION OF THIS FILM and the anonymous donor who brought it to Guyana. A collection will be made for a donation to Zanele Muholi who suffered a massive theft of her equipment recently.






i am 
Sonali Gulati/USA/India /2011/ 74 mins/ Documentary/ English and Hindi (with subtitles)/ colour

 I Am chronicles the journey of an Indian lesbian filmmaker who returns to Delhi, eleven years later, to re-open what was once home, and finally confronts the loss of her mother whom she never came out to. As she meets and speaks to parents of other gay and lesbian Indians, she pieces together the fabric of what family truly means, in a landscape where being gay was until recently a criminal and punishable offense.

SASOD THANKS Sonali Gulati FOR THE CONTRIBUTION OF THIS FILM and the anonymous donor who brought it to Guyana.

 
Tuesday 12 June, 2012

Tomboy

Céline Sciamma/ France/ 2011/ 84mins/ Drama/ French, English subtitles/ color

 A family moves into a new neighborhood, and a 10-year-old named Laure deliberately presents herself as a boy named Mikhael to the neighborhood children. It is heavily implied that Mikhael is a closeted transgender boy. This film follows his experiences with his newfound friends, his potential love interest, Lisa, his younger sister and his parents. It focuses in on the significance of gender identity in social interaction from an early age, the difficulties of being transgender and young, and how Mikhael navigates these in the background of childhood play and love.

 

Sunday 17 June, 2012 - Happy Father's Day
Beginners

Mike Mills/ USA/ 2010/ 104mins/ Romantic Comedy/ English, French (subtitles)/ colour

The film is structured as a series of interconnected flashbacks. Shortly after the death of his son’s mother, Hal came out as gay to his son, Oliver, and began exploring that aspect of his life. Hal finds a boyfriend, Andy, and surrounds himself with a circle of gay friends. Hal is then diagnosed with terminal cancer. The film stars Christopher Plummer who won an Academy Award for his role.

 





Monday 18 June, 2012

Someone Like You (Chutney Edit)

Andil Gosine/ Canada/ 2005/ 6 mins/ Short / English/ colour

In Andil Gosine's first short - completed in 2005 but held back from circulation until now - a kitchen worker finds escape from broken immigrant dreams in the magic of a flower seller

Dash Boyz Episode 1

Jermaine Spencer/Grata Foundation/ Jamaica/2012/ 6 mins/ Short animation/ English / colour

Finding me

Roger Omeus/ USA/ 2009/ 115 mins/ Romantic Comedy/ English/ color

Faybien Allan has it all going on; he's young, stylish, and knows the importance of being seen with hip friends at NYC's trendiest spots. But beneath the sparkle of his nightlife and his stunning good-looks, is a man buckling under his father's homophobia. Filled with self-loathing and desperate for direction, he meanders through life until meeting Lonnie, a confident activist with a flirtatious smile. However, despite their obvious chemistry and fireworks in bed, Faybien's insecurities have him looking for the door. Can a budding romance and a few good friends keep him from making the biggest mistake of his life?

Tuesday 19 June, 2012
 Circumstances

Maryam Keshavarz/ USA, France, Iran/ 2011/ 103 mins/ Drama/ Persian, English, French (subtitled)/ colour

A wealthy Iranian family struggles to contain a teenager's growing sexual rebellion and her brother's dangerous obsession. Atafeh and her brother, Mehran, have grown up privileged, in a home filled with music, art, and intellectual curiosity. Atafeh dreams of fame and adventure, and she and her best friend, Shireen, explore Tehran's underground scene with youthful exuberance and determination to be themselves. Meanwhile, her brother returns home from drug rehab, renounces his former decadent life, and replaces his once obsessive practice of classical music with more destructive pursuits.

 


Sunday 24 June, 2012

I Am

Onir/ India/ 110mins/ Anthology/ Hindi, Kannada,Marathi, Bengali, Kashmiri, English subtitles/ colour

I AM consists of four short films- ‘Omar’, ‘Afia’, ‘Abhimanyu’, and ‘Megha’ with interwoven characters. Based on real life stories, the films explore such themes as child abuse and same-sex relationships. I AM AFIA is the story of a single woman who feels her identity will be made whole through the singular feminine experience of motherhood. I AM MEGHA is a story of two friends – a Kashmiri Pandit woman and a Muslim woman – separated by conflict. I AM ABHIMANYU is the story of a broken man, Abhimanyu, who is trapped by the demons of his past of sexual abuse. To move forward he must first go back, into a world where his childhood was stolen from him. I AM OMAR is a horrific tale of sexual discrimination, blackmail and prejudice. It reveals how the police use Article 377 (law under Indian Penal code which criminalizes homosexuality) to harass and blackmail gay men.  The cast includes Juhi Chawla, Manisha Koraila, Rahul Bose, Nandita Das, Arjun Mathur and Abhimanyu Singh. The film received the Best Hindi Film at India's 59th National Film Awards ceremony.

 


Monday 25 June, 2012
 
Beautiful Boxer 
 

Ekachai Uekrongtham/ Thailand/ 2003/ 118mins/ Biography/ Thai, English subtitles/ colour

This movie is based on the real life story of Parinya Charoenphol, a Muaythai boxer who underwent a sex change operation to become a woman. It chronicles her life from a young boy who likes to wear lipstick and wear flowers to her sensational career as kickboxer whose specialty is ancient Muaythai boxing moves, and finally her confrontation with her own sexuality which led to her sex change operation

 


Tuesday  26 June, 2012
 
Albert Nobbs

Rodrigo García/ UK, Ireland/ 2011/ 114 mins/ Drama/ English/ colour

Albert Nobbs is a woman living as a man in order to find work in the harsh environment of late 19th-century working class Ireland, where women aren't encouraged to be independent. After living as a male for thirty years, Albert's steadfast life is shaken by the sudden arrival of Hubert Page, a house painter. Albert is shocked that Hubert is to room with him while he works at the hotel. On their first night, Hubert discovers Albert's secret, but promises never to reveal it, much to Albert's relief. The next day, Hubert confesses he is also a woman. Hubert leaves soon after, but not before telling Albert that 'he' has a wife

 



Sunday 01 July, 2012 

Weekend

Andrew Haigh/ UK/ 2011/ 97mins/ Drama, Romance/ English/ colour

After a drunken house party with his straight mates, Russell heads out to a gay club. Just before closing time he picks up Glen but what's expected to be just a one-night stand becomes something else, something special. That weekend, in bars and in bedrooms, getting drunk and taking drugs, telling stories and having sex, the two men get to know each other. It is a brief encounter that will resonate throughout their lives


 

Monday 02 July, 2012

SPECTRUM CELEBRATION!!!!

Poetry, singing, talking, dancing


 



Tuesday 03 July, 2012 

Two films...

The Kids are all right

Lisa Cholodenko/ USA/ 2010/ 106 mins/ Comedy, Drama/ English/ colour

Nic and Jules are a married lesbian couple living in California. They have each given birth to a child using the same sperm donor. Nic, an obstetrician, is the primary breadwinner and the stricter parent, while Jules, a housewife who is starting up a landscape design business, is more laid back. The younger child Laser wants to find his sperm donor but has to be 18 to do so. He begs his 18-year-old sister Joni to contact the sperm bank and determines that Paul is the donor. The three meet and much drama ensues.



Kickoff
Rikki Beadle-Blair/UK/2010/90 minutes/ Comedy/ English/ colour

What happens when the hardest team in the Sunday Soccer league comes up against a gay team (pun intended) and finds they've finally met their match?  Watch and wince as fledging referee Elton Glixton struggles to control this testosterone tsunami as rude-boy meets bum-boy in this outrageous new comedy set in the crazy gung-ho world of 5-a-side footie


More details...







Thanks

Ulele Burnham
Korey Chisholm
Sherlina Nageer
Subraj Singh
Ulelli Verbecke
Joel Simpson
Greg Jagroo
Gregory Kanhai

Sonali Gulati
Zanele Muholi
Andil Gosine
Jermaine Spencer/Grata Foundation
Two anonymous donors

and financial sponsorship from

DECRIMINALISING ALTERNATIVE LIFESTYLES Ralph Ramkarran

Text of article published in the Weekend Mirror of 27 May, 2012
More than fifty years ago the United Kingdom gave recognition to a reality that had existed for
centuries or even millennia. It decriminalized homosexual acts by repealing legislation which
made these acts illegal by providing that consenting adults are not guilty for such acts done in
private. Such legislation, inherited from our colonial masters, who repealed them fifty years ago,
is still on our books.

President Obama has now announced support for marriage between persons of the same sex.
It was big news in the United States. The idea was not new because several states in the US,
including New York, had already changed their laws to allow same sex marriage. But it is the
first time a President has endorsed same sex marriage. It is likely to be a controversial campaign
issue in the US elections in November because social conservatism is strong in the US. But
President Obama must have felt politically safe in coming out in support of same sex marriage
because, despite conservative opposition, the issue has attracted the support of a majority of
Americans.

In Guyana a march was held recently, sponsored by SASOD, to activate support for the abolition
of discriminatory laws against homosexuals. These laws are archaic and should no longer be on
our statute books. Homosexuality and lesbianism are now recognized as alternative lifestyles
and people should be free to conduct themselves as they see fit providing they do not harm
others. This is what they have been doing in developed countries. While the fact that
discriminatory laws have been repealed fifty and more years ago and rights for the LGBT
(lesbians, gays, bisexuals and transgenders) community have been given increased recognition
and protection in developed countries ought to be no inspiration for us, nevertheless the time
has come for us to consider at least the repeal of archaic and discriminatory laws.

Homosexuality and lesbianism are as normal to the adherents of this lifestyle as heterosexuality
is normal for the majority of people who are practicing heterosexuals. They do not see
themselves as ‘ill’ or as having a ‘condition’ that ought to be ‘cured’ by counseling or some
other similar means. There are homosexuals and lesbians of every age, every race, every
religion and every political opinion. They are normal, regular people who would, like all of us,
like to live their lives in peace and harmony with themselves and the rest of the world. Our
society does not permit them to ‘come out’ and say so. I therefore say these things on their
behalf, assuming even if arrogantly, that I have their permission to do so.

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. It is time to bring this matter from out of the shadows.

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. Not that I believe that there
is anything close to majority support for it. Also, it is hardly likely that much support would be
forthcoming any time soon from the public for the repeal of legislation which is discriminatory
and archaic. The march attracted only six people.

Our recent experience during the constitutional reform process demonstrates the depth of
conservative opinion on these matters. A proposal to include an article in the constitution
against discrimination based on sexual orientation was proposed, accepted and unanimously
passed in the National Assembly. Only after it was passed that some churches picked up on it. A
crescendo of opposition then developed. The President, no doubt influenced by this opposition,
did not sign it into law. It was returned to the National Assembly for debate.

Both Government and Opposition, in weak kneed genuflection to so called popular opinion,
changed their positions and voted against the measure. These groups merely reflected the
prevailing mood of hostility to any kind of liberal view of these matters even though whether or
not the measure was in place would have mattered little. In Canada the Supreme Court upheld
the right of two men to get married on the basis of provisions in its Bill of Rights which are very
much similar to our fundamental rights provisions. If our courts were to follow the Canadian
Supreme Court then it would hold that two persons of the same sex have the right to get
married.

Having regard to this situation it is incumbent on the Government and Opposition to boldly lead
public opinion in this matter. Our 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.

Discrimination has no place in Guyana. The LGBT community is crying out for recognition and
an end to ridicule, violence and discrimination.

The American actor, Sean Penn, once told a story of his visit with Fidel Castro. He had his young
children with him. His young daughter was particularly peeved at the homophobia that existed
in Cuba. Fidel had figured that something was troubling her. When it was her turn to speak he
turned to her and asked perceptively: “Now what is troubling you young lady.” She explained
her concern. He pointed out that the Cuban Administration was not homophobic, nor did it
encourage homophobia, but that homophobia existed long before the Revolution. He admitted
that the Administration erred in not doing anything about it earlier but that they intended to
correct their position. So should Guyana.

IDAHO 2012 Activities

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.

SASOD Statement on the 2011 General Elections Polls

SASOD joins in celebrating the historic shift in the political system after the November 28, 2011 elections. SASOD welcomes the opportunity for Guyana to acknowledge that there is a need for an inclusive system of Governance which recognises all forms of diversity, not only of political affiliation or opinion, but also of race, place of origin, colour, creed, age, disability, marital status, sex , sexual orientation, gender, gender identity, language, birth, social class, religion, conscience, belief or culture.
SASOD also calls on GECOM to investigate and honour all claims related to the conduct of the elections in the interest of transparency. SASOD looks forward to the continued reform of the electoral system which will ensure a future of completely free and fair elections as we work to build a healthy and prosperous society for all Guyanese.



Printed in Guyana Chronicle on 5 December, 2011

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.

PRESS RELEASE: LGBTI Groups Advance Gains with Passage of Fourth Resolution at 41st OAS General Assembly

June 11, 2011

Jermaine Grant represented Guyana’s Society Against Sexual Orientation Discrimination (SASOD) at the 41^st Organisation of American States (OAS) General Assembly that was held on June 5-7, 2011, in San Salvador, El Salvador. SASOD’s participation in this year’s OAS General Assembly served as the fifth year of its advocacy in the Inter-American system for human rights protection of persons on the grounds of sexual orientation, gender identity and gender expression.

SASOD’s representative along with other members of the Coalition of Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Organisations of 21 countries in the hemisphere participated in peripheral meetings with Dr. Irene Klinger, Director of the Department of International Relations of the OAS and Vanda Pignato, First Lady of El Salvador and the country's Secretary of Social Inclusion who both expressed support and appreciation of the work of the Coalition in its human rights advocacy. Further, Grant and others also participated in the Informal Dialogue with the OAS Secretary General, Jose Miguel Insulza on June 4, 2011 with other members of civil society in highlighting the human rights situation of LGBTI persons in the Americas in strengthening transparency and inclusion of human rights defenders participating in the decision-making process of the organization.

In the context of the General Assembly’s theme, “Citizen Security in the Americas,” and noting that the concept of security is multi-dimensional, members of the coalition recognised that any threat to the survival and livelihood of all human kind compromises citizens’ security. From this perspective, participants from the Anglophone Caribbean LGBTI civil society articulated that laws criminalizing same-sex intimacy serves to create an unsafe environment and perpetuate discrimination in the forms of harassment, abuse and violence of LGBTI persons.

Mentioned was that most member states of the OAS from Latin and North America have made notable strides in the promotion and protection of human rights on the grounds of sexual orientation, gender identity and gender expression whilst those in the Anglophone Caribbean are retrogressing by not taking legislative steps in repealing laws criminalizing same-sex intimacy and cross-dressing along with enactment of legislation that willfully exclude rights of LGBTI persons.

SASOD’s representative posited that such actions by member states of the Anglophone Caribbean make them complicit in perpetuating discrimination and intolerance; thus, legitimising human rights abuses and violence that oppress LGBTI persons, compounded by an unsafe environment, which creates social vulnerabilities. These laws embody state-sanctioned homophobia which devalues human life and undermines citizens’ security.

In advocacy to effect human rights on the grounds of sexual orientation, gender identity and gender expression, Grant, along with other human rights defenders from the Anglophone Caribbean drafted a statement that was distributed to government delegations from the sub-region, on the human rights situation of LGBTI persons and which called for “leaders of CARICOM to guarantee the rights of all citizens… and aggressively address the scourge of homophobia that undermines our collective security.” (Please see statement attached.)

SASOD’s participation in the 41^st OAS General Assembly serves to reinforce and strengthen advocacy of previous years for human rights protection on the grounds of sexual orientation, gender identity and gender expression. Further, its participation highlights the realities and challenges of LGBTI persons in Guyana to the attention of the OAS and member states whilst urging definitive action in legal and policy changes. This year’s General Assembly approved a fourth resolution on “Human Rights, Sexual Orientation and Gender Identity” that encouraged member states to consider “adopting public policies against discrimination by reason of sexual orientation and gender identity,” inter alia.

---END---

Attachments:

1. San Salvador Communiqué of the Coalition of LGBTI Organisations of Latin America and the Caribbean

THE COALITION OF LGBTTTI ORGANIZATIONS FROM 21 LATIN
AMERICAN AND CARIBBEAN COUNTRIES WITNESSING THE APPROVAL
OF THE FOURTH RESOLUTION ON HUMAN RIGHTS, SEXUAL
ORIENTATION AND GENDER IDENTITY
The Coalition of LGBTTTI Latin American and Caribbean organizations, formed by groups belonging to more than 20 countries expresses in this communiqué its assessment of the activities of the 41st General Assembly of the Organization of American States, which took place in San Salvador on June 5th-7th, 2011.
This Assembly adopted the fourth resolution AG/RES. 2653 (XLI-O/11) “Human Rights, Sexual Orientation and Gender Identity”, showing the increasing attention to our situation and the need of encouraging member states to commit to taking action to fight human rights violations against our communities. The mentioned resolution, which is the result of the advocacy of the coalition, makes progress towards the realization of an hemispheric thematic study. It also highlights the need for member states to implement public policies against discrimination of LGBTTTI people, calling on the States to investigate, record, and punish hate crimes against our population.
We are pleased for the possible reinvigoration of the negotiation process of the draft Inter American Convention against Racism and all Forms of Discrimination and Intolerance.
However, we are concerned that, on the very occasion of the Assembly, whose theme was “Citizen Security in the Americas,” the opportunity to advance in the construction of an instrument that would contribute to challenging the structural causes of violence has been lost by opening the door to the possibility of dividing the draft Convention in one main text, and one or more additional protocols (which would strengthen the idea of the existence of a hierarchy among forms of discrimination). We recognize, in any event, that advancing the discussion on racism would be in itself a fundamental achievement that would improve the quality of life for all.
With reference to the Declaration of San Salvador, we are concerned that it focuses on issues related to organized crimes and not on day-to-day security. The majority of killings, serious assaults, sexual abuses, and other crimes against the individual are the result of bias and vulnerability associated with gender violence; discrimination against afro-descendant and indigenous people; sexual orientation, gender identity and gender expression; xenophobia; disability; migrants, displaced people and other vulnerable groups.
Additionally, we express our concern for the lack of visibility we suffer by the omission of any reference to specific security needs of LGBTTTI people, despite being especially affected by the consequences of violence and crimes caused by homophobia, lesbophobia and, most of all, transphobia. These concerns were raised in our intervention during the dialogue between the civil society and the heads of delegations of member states.
We report the election to the Inter-American Commission on Human Rights of Felipe
González, Rose-Marie Belle Antoine, Tracy Robinson and Rosa Maria Ortiz. The election of Rosa Maria Ortiz and Tracy Robinson is an honor for the Coalition; women of great value for their well-known commitment and expertise in human rights, and whose candidatures the Coalition have supported vigorously through our ministries of foreign affairs.
Finally, we want to highlight a fundamental concern for civil society, related to the
attempt by some member states and OAS organs to weaken the scope of work of the
Inter-American Commission on Human Rights.

About the Coalition’s activities
Beyond the resolution that has been formally adopted, the Coalition celebrates the
consolidation of its space as civil society component after four years of advocacy work within the OAS and in the region, before, during and after the General Assemblies.
In the days that preceded the 41st General Assembly, the Coalition organized a two-day parallel event in preparation for the advocacy and participation within the OAS. Our main discussion topics were:

(a) implementation of the resolution “Human Rights, Sexual Orientation and Gender Identity”;

(b) Interaction with the Inter-American Commission on Human Rights (with specific focus on thematic hearings); (c) Interaction with the Commission on Juridical and Political Affairs; (d) Advocacy in the negotiation process of the
draft Convention against Racism and All Forms of Discrimination and Intolerance; (e) Advocacy with member states.
During the two days, invited participants included Irene Klinger, director of the
Department of International Relations of the OAS, who highlighted the importance of the commitment of the LGBTTTI civil society in all processes of the OAS and the increasing visibility of the issue within the OAS, particularly with reference to the Hemispheric Forum.
The Coalition met the First Lady of El Salvador and Secretary for Social Inclusion
Vanda Guiomar Pignato, who spoke about the need that societies make progress in regard to the inclusion and the respect for all forms of diversity and greeted the Coalition for its presence within the OAS.
Finally, Edgar Carrasco and Herbert Betancourt from UNAIDS, and Maria Tallarico from UNDP also attended the workshop.
During the informal dialogue with the Secretary General of the OAS and the civil society in San Salvador, four delegates of the LGBTTTI coalition addressed to Secretary General José Miguel Insulza their concerns regarding the undue influence of religion on states and the weakening of the principle of secularity, violence and discrimination that LGBTTTI individuals suffers within their own families, hate crimes and the need of recognition of self-perceived identity for travesti, transgender, transsexual and intersex people.
Mr. Insulza confirmed the OAS commitment to fight for recognition of the rights of LGBTTTI individuals and expressed his concern for the lack of progress of the draft Inter American Convention against Racism and all Forms of Discrimination and Intolerance, partially due to the criminalization of same-sex intimacy in several Caribbean countries. He also indicated that some countries still have official religions, statement that would suggest that official religions are an obstacle to the introduction of protective policies, as religions would be prioritized over human rights protection.
The Coalition also met Arturo Valenzuela, Assistant Secretary of State of the
Government of the United States, and Paula Uribe, Senior Advisor of the Department of State of the United States, who were accompanied by a delegation from the U.S. Embassy to El Salvador; the first secretary of the Mission of Canada before the OAS
Douglas Janoff and Danilo Gonzalez Ramirez, Minister Counselor of the Mission of
Costa Rica before the OAS and Chair of the Working Group in charge of drafting the draft Inter American Convention against Racism and all Forms of Discrimination and Intolerance were also present at the meeting. The discussion focused on the commitment of the U.S. Department of State to support LGBTTTI human rights in the region and the progress in the discussion on the Convention.
Later on, the Coalition met Víctor Madrigal Principal Specialist of the Inter-American Commission on Human Rights, who explained the working plan to draft a hemispheric report on the situation of human rights of LGBTTTI people, the success of which will depend on the participation of the organizations of the region that will provide continuous information to the Commission.
The Coalition also met Lionel Veer, Ambassador for Human Rights of the Netherlands, who expressed his support and availability to strengthen civil society organizations and highlighted the need of establishing a dialogue between the ministries of foreign affairs and the IACHR.
We welcome the increasing interest for the work of the coalition that constitutes an
acknowledgment of the work carried out in these years.
We thank Astraea Lesbian Foundation for Justice, UNAIDS, UNDP, and
Heartland Alliance for Human Needs & Human Rights for their support to
make our participation to this 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, ASOCIACIÓN LIDERES EN ACCION -Germán Rincón Perfetti - Colombia, ASPIDH ARCO IRIS – Mónica Hernández – El Salvador, COALITION ADVOCATING FOR INCLUSION OF SEXUAL ORIENTATION – Kareem Griffith – Trinidad and Tobago, COLECTIVA MUJER y SALUD, Julie Betances – Dominican Republic, COLECTIVO OVEJAS NEGRAS – Valeria Rubino – Uruguay, COLECTIVO UNIDAD COLOR ROSA – Roxana Almendarez – Honduras, COLOMBIA DIVERSA – Marcela Sánchez – Colombia, CORPORACIÓN PROMOCIÓN DE LA MUJER, Tania Correa - Ecuador, DIVERLEX – Tamara Adrián – Venezuela, DOMINICA CHAP – Daryl Phillip – Dominica, FRONTE TRANS – Mario Sánchez Pérez – Mexico, INSTITUTO RUNA – Belissa Andia – Perú, INTERNATIONAL GAY AND LESBIAN HUMAN RIGHTS COMMISSION LAC – Marcelo Ferreyra – Argentina, J-FLAG – Jaevion Nelson – Jamaica, AIDS FREE WORLD - Maurice Tomlinson – Jamaica, MULABI-ARGENTINA – Fernando D’Elio – Argentina, MULABI-COSTA RICA – Natasha Jiménez – Costa Rica, ORGANIZACIÓN DE TRANSEXUALES POR LA DIGNIDAD DE LA DIVERSIDAD – Andrés Rivera Duarte – Chile, ORGANIZACIÓN TRANS REINAS DE LA NOCHE – Johana Ramírez – Guatemala, RED AFRO LGBTI - Edmilson Medeiros - Brazil, RED LATINOAMERICANA Y DEL CARIBE DE PERSONAS TRANS - Marcela Romero- Argentina, RED NICARAGUENSE DE ACTIVISTAS TRANS – Silvia Martínez – Nicaragua, SOCIETY AGAINST SEXUAL ORIENTATION DISCRIMINATION- Jermaine Grant - Guyana, UNIBAM – Caleb Orozco – Belize, BARBADOS HIV/AIDS ALLIANCE - Emerson Emmanuel – Barbados.
As Coalition partner: Stefano Fabeni – Heartland Alliance for Human Needs & Human Rights DECLARATION OF THE COALICION OF LESBIANS, GAYS, BISEXUALS, TRAVESTI, TRANSEXUALS, TRANSGENDER AND INTERSEX OF THE AMERICAS BEFORE THE GENERAL ASSEMBLY OF THE OAS.
SAN SALVADOR, EL SALVADOR, JUNE 5TH, 2011
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 San Salvador, El Salvador on June 2 and 3, 2011, 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); AG/RES.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 OAS activities and in the Summit of the Americas process
We fully share the concern for ensuring that citizen security must concretely constitute the basis for full and sustainable development of human rights for every individual.
However, we express our concern as the draft Declaration “Citizen Security in the
Americas” focuses on issues related to organized crime rather than crimes experienced in daily life. The majority of killings, serious assaults, sexual abuses, and other crimes against the individual are the result of bias and vulnerability associated with gender violence; discrimination against afro-descendant and indigenous people; sexual orientation, gender identity and gender expression; xenophobia; disability; migrants, displaced people and other vulnerable groups.
Additionally, we express our concern for the lack of visibility we suffer by the omission of any reference to specific security needs of LGBTTTI people, despite being especially affected by the consequences of violence and crimes caused by homophobia, lesbophobia and, most of all, transphobia; contravening the content of the Resolutions “Human Rights, Sexual Orientation and Gender Identity” adopted in 2008 (AG/RES. 2435 (XXXVIII-O/08), 2009 (AG/RES. 2435 (XXXVIII-O/08) and 2010 (AG/RES. 2600 (XL-O/10).
Every year thousands of children and adolescents in the region are expelled from their homes because of their sexual orientation, gender identity and gender expression. They are victims of attacks by State security organs as well as by non-state actors. They are excluded from education, access to dignifying work, health, social security, and the most elementary rights as citizens, particularly sexual and reproductive rights. The most serious concern relating to citizen security is the situation of transsexual, travesti, transgender men and women. Being particularly affected by stigma, deprived of the right to personal identity based on their social name and identity, without which the exercise of most rights are simply impossible; excluded from any public policy; carrying the huge risk of suffering the worst forms of social, economic and labour segregation. Located at the margin of any real opportunity, many of them find in prostitution the only means of survival, which aggravates the circle of marginalization and poverty, as well as a risk to personal security.
Crimes committed against LGBTTTI people are made invisible in official data on criminality. Investigation authorities rarely complete their investigations. Courts of law are often carried away by bias that does not allow access to a just and inclusive
judgment, that occasionally is favorable to the perpetrator. The majority of victims
prefer not to report crimes committed against them because of fear of suffering
harassment, maltreatment or institutional victimization.
We applaud the significant progress in equality legislation, case law and regulations in several countries of the region in the last year. However, we are concerned that the same progress is not occurring in all countries simultaneously. At this point in almost all English speaking Caribbean countries same sex intimacy is still criminal. We denounce religious beliefs constantly interfering with human rights, which contributes to worsening issues of citizen security for LGBTTTI people.
We denounce that the process of negotiation of the Draft Inter-American Convention
against Racism and all Forms of Discrimination and Intolerance is basically dormant, if not close to failure, which would mean losing the opportunity to address the issues mentioned above.
We are concerned that the implementation of policies that are aimed at repressing
criminality in society often have the effect of worsening the vulnerability situation of
LGBTTTI people.
Therefore we demand:

To the Member States:
1. To introduce in their laws clear norms to effectively criminalize hate crimes; to
repeal laws that criminalize same sex intimacy; to fight against discrimination in
every area.
2. To establish effective and speedy mechanisms for the integral recognition of legal
identity of transexual, trangender, travesti and intersex individuals, based on their
names and perceived gender identity, without need for genital surgery nor of
pathological protocols.
3. To implement adequate, integral and transversal public policies to fight stigma,
exclusion and segregation of individuals on grounds of their sexual orientation,
gender identity and gender expression; as well as ensure their effective protection
from violence.
4. To consider the proposal for an Inter-American Convention on Sexual Rights and
Reproductive Rights.

To the General Assembly:
5. To approve the draft resolution CP/CJP-2951/11, Human Rights, Sexual Orientation and Gender Identity presented by the Brazilian delegation, whose initiative we fully endorse.
We are not dangerous. We are in danger!
AG/RES. 2653 (XLI-O/11) HUMAN RIGHTS, SEXUAL ORIENTATION, AND
GENDER IDENTITY (Adopted at the fourth plenary session, held on June 7, 2011)
THE GENERAL ASSEMBLY, TAKING INTO ACCOUNT resolutions AG/RES. 2435 (XXXVIII-O/08), AG/RES. 2504 (XXXIX-O/09), and AG/RES. 2600 (XL-O/10), “Human Rights, Sexual Orientation, and Gender Identity”;
REITERATING:
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 his person without distinction as to race, sex, language, creed, or any other factor;
CONSIDERING that the Charter of the Organization of American States proclaims that the historic mission of the Americas 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 discrimination against persons by reason of their sexual orientation
and gender identity, and to urge states, within the parameters of the legal institutions of their domestic systems, to adopt the necessary measures to prevent, punish, and eradicate such discrimination.

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 prevent and investigate these acts and violations and to ensure due judicial protection for victims on an equal
footing and that the perpetrators are brought to justice.
3.
To encourage the member states to consider, within the parameters of the legal
institutions of their domestic systems, adopting public policies against discrimination by reason
of sexual orientation and gender identity.
4.
To urge states to ensure adequate protection for human rights defenders who
work on the issue of acts of violence, discrimination, and human rights violations committed
against individuals on the basis of their sexual orientation and gender identity.
5.
To request the Inter-American Commission on Human Rights (IACHR) to pay
particular attention to its work plan titled “Rights of LGTBI People” and, in keeping with its
established practice, to prepare a hemispheric study on the subject; and to urge member states to
participate in the report.
6.
To ask the IACHR and the Inter-American Juridical Committee each to prepare
a study on the legal implications and conceptual and terminological developments as regards
sexual orientation, gender identity, and gender expression, and to instruct the Committee on
Juridical and Political Affairs to include on its agenda the examination of the results of the
requested studies, with the participation of interested civil society organizations, before the
forty-second regular session of the General Assembly.
7.
To request the Permanent Council to report to the General Assembly at its forty-
second regular session on the implementation of this resolution. Execution of the activities
herein shall be subject to the availability of financial resources in the program-budget of the
Organization and other resources.
6

2. Statement by a Coalition of Caribbean LGBTI and AIDS Organisations at the 41^st OAS General Assembly

Laws criminalising all forms of same-sex intimacy, whether private or public, threatens progress towards ‘peace, security, democracy, human rights, development and cooperation¹’ in the Anglophone Caribbean.

Over the years, we have recognized that:

• Homophobic statements made by political and religious leaders as well as entertainers reinforce prejudice and discrimination against LGBTI persons;
• These statements drive the social exclusion of LGBTI persons, thereby preventing them from being active in civil, political and social life; and
• Impede LGBTI persons’ access to healthcare and justice, increase their vulnerability to poverty, homelessness, denial of employment, etc.

As a result, we have documented in the Anglophone Caribbean:

• HIV and AIDS prevalence of up to 30% among men who have sex with men (MSM), second only to sub-Saharan Africa;
• Physical and mental torture, including bullying in schools, harassment, employment discrimination, corrective rapes, murders, home invasions; and
• Denial of access to justice because of poor response by police to LGBTI complaints of abuses and the absence of legislation to protect them.

Laws criminalizing consenting adult same-sex intimacy contradict the Organisation of American States’ commitment ‘to promote … a set of values, attitudes and modes of behaviour based on respect for life, human beings and their dignity’².

We therefore call on the leaders of CARICOM to guarantee the rights of all citizens by repealing all these laws and aggressively address the scourge of homophobia that undermines our collective security.

1 ^{& 2} Draft Declaration of San Salvador on Citizen Security in the America (2011)