Norway UNHRC Statement

3rd SESSION OF THE HUMAN RIGHTS COUNCIL

JOINT STATEMENT

H.E. WEGGER CHR. STRÃMMEN

AMBASSADOR

PERMANENT REPRESENTATIVE OF NORWAY TO THE

UNITED NATIONS OFFICE AND OTHER INTERNATIONAL

ORGANIZATIONS IN GENEVA

Geneva, December 1, 2006

I have the honour to make this statement on human rights violations based on sexual orientation and gender identity on behalf of the following 54 States, including 18 members of the Human Rights Council:

Albania, Andorra, Argentina, Australia, Austria, Belgium, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Chile, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Guatemala, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Montenegro, Netherlands, New Zealand, Panama, Peru, Poland, Portugal, the former Yugoslav republic of Macedonia, the Republic of Korea, the Republic of Moldova, Romania, Serbia, Spain, Slovakia, Slovenia, Sweden, Switzerland, Timor-Leste, Ukraine, the United Kingdom, the United States of America, Uruguay, and my own country Norway.

* At its recent session, the Human Rights Council received extensive evidence of human rights violations based on sexual orientation and gender identity, including deprivation of the rights to life, freedom from violence and torture.

* We commend the attention paid to these issues by the Special Procedures, treaty bodies and civil society. We call upon all Special Procedures and treaty bodies to continue to integrate consideration of human rights violations based on sexual orientation and gender identity within their relevant mandates.

* We express deep concern at these ongoing human rights violations. The principles of universality and non-discrimination require that these issues be addressed. We therefore urge the Human Rights Council to pay due attention to human rights violations based on sexual orientation and gender identity, and request the President of the Council to provide an opportunity, at an appropriate future session of the Council, for a discussion of these important human rights issues.

World AIDS Day 2006 - Statement

The Network of Guyanese Living with and Affected by HIV-AIDS (G+) and Society Against Sexual Orientation Discrimination (SASOD) join the Caribbean Vulnerable Communities Coalition (CVC) and the Caribbean Treatment Action Group (CTAG), two regional groups bringing together organisations working in HIV and AIDS, in calling for greater access to HIV medication, care and support for all persons infected with HIV in the Caribbean, particularly for those from socially marginalised groups. Among these groups are sex workers, men who have sex with men, drug users, prisoners, youth in especially difficult circumstances, and children who have lost one or more parent to AIDS-related illnesses.

Through the United Nations General Assembly Special Session plus Five (UNGASS+5) Political Declaration on HIV-AIDS, all governments, including the Guyana government:

“29. Commit to intensify efforts to enact, strengthen or enforce, as appropriate, legislation, regulations and other measures to eliminate all forms of discrimination against and to ensure the full enjoyment of all human rights and fundamental freedoms by people living with HIV and members of vulnerable groups… and develop strategies to combat stigma and social exclusion connected with the epidemic.”

At a November meeting in Bayahibe in the Dominican Republic, the groups concluded that while access to care and treatment for HIV has improved in the Caribbean, it has been limited or non-existent for members of socially marginalised groups who are especially vulnerable to the impact of HIV because of stigma and discrimination. CVC and CTAG have released a joint statement outlining the framework within which effective and meaningful HIV treatment and support might take place in Caribbean countries.

Dubbed the "˜Bayahibe Declarationâ", the document calls on Caribbean governments, regional and international health authorities, and international donors to take immediate action to redress the problem of access to drugs and support faced by members of marginalised groups infected with or affected by HIV. It also provides a roadmap by which national governments, civil society actors, service providers and human rights defenders can assure all persons living with HIV in the Caribbean of proper care, treatment and support. CVC and CTAG believe that in this way, members of these groups can realise their fundamental human rights to life and health.

Among the elements the groups present as essential to improving access to treatment and support for HIV positive persons, especially those who are socially marginalised, are the assurance that all persons in detention, including foreign nationals, are informed of their right to obtain HIV-related information and services; the assurance that health care providers treat drug users with respect, and provide appropriate and non-discriminatory health care services; the education and sensitisation of children and youth regarding their human rights and the steps to take to report physical, sexual and other cases of abuse; the training of health care workers to provide effective services for men who have sex with men; the execution of programmes that aim to eradicate homophobia and heterosexism; the training of service providers at treatment sites in the human rights of sex workers; and the building or expansion of outreach facilities in areas where sex work is common.

The declaration was signed by individuals and agencies working in different speech communities across the Caribbean including representatives of both G+ and SASOD.

-----------------------------------------------------------


Bayahibe Declaration

November 2006

Caribbean Vulnerable Communities Coalition

&

Caribbean Treatment Action Group

In recent years, the international community has taken important initiatives to scale up access to lifesaving antiretroviral therapy, especially in the developing world. Although these initiatives have fallen short of their targets, in the Caribbean, the region with the second highest infection rate in the world, they have generated essential political and financial support for making medication available at no or reduced cost, which has been critical to increasing the life expectancy of people living with HIV in the region.

The benefits, however, have not been equitably distributed. The widespread discrimination and abuse faced by members of socially marginalised groups -- sex workers, men who have sex with men, drug users, prisoners, young people in especially difficult circumstances, children who have lost one or more parent to AIDS -- heighten their risk of HIV infection, and impede their access to care and treatment where they are living with the disease. In this regard, their marginalised status compounds the stigma and discrimination they face because of HIV, and compromises or effectively bars their access to treatment.

This declaration, made in Bayahibe, Dominican Republic, in November 2006, calls for immediate action by Caribbean governments, regional and international health authorities, and international donors to correct the situation. This declaration also provides a roadmap for national governments, civil society actors, service providers and human rights defenders to ensure that all people living with HIV in the Caribbean can obtain proper care, treatment and support, and therefore realise their fundamental human rights to life and health.

Thus, cognisant of the urgent need to ensure effective and meaningful access to antiretroviral treatment for people in the Caribbean whose immune systems have been compromised by HIV;

Firmly resolved that states must take immediate steps to ensure equal access to treatment for all persons living with HIV as part of their obligations to protect the human right to health; and

Calling on duty-bearers mandated to provide health care and to protect the health and human rights of all people in the Caribbean,

We declare the following to be essential steps to be taken:

For people in Caribbean correctional facilities or other places of detention

1. Ensure all persons in detention, including foreign nationals, are informed of their right to obtain HIV-related information and services in a language they understand (this should include training and other assistance for family and community members who are part of an individual’s support system);
2. Ensure that all persons in detention, including detained foreign nationals, have prompt, adequate medical assessment on entry into custody, and access to essential medical treatment (patients should receive at least the same standard of care that could be expected for persons outside of the prison system) and guarantee a continuation of any medical treatment that began prior to incarceration;
3. Ensure the development, dissemination and adoption of written HIV policies that address

i. confidentiality

ii. attitudes of prison staff

3. staff training on HIV and
4. scheduled access by civil society groups;

4. Promote “through care” by allowing access to the prison by civil society groups;

5. Ensure that community boards monitoring prisoners’ rights include at least one person knowledgeable about HIV-related issues;
6. Ensure access to appropriate services for women (including gynaecological health services);
7. Ensure confidentiality and privacy with respect to all medical services;
8. Ensure adequate nutrition for all detainees and inmates.

For drug users in the Caribbean

1. Ensure that health care providers treat drug users with respect, and provide appropriate and non-discriminatory health care services;
2. Ensure that rehabilitation and other support centres for people who use drugs incorporate HIV-related services such as prevention and testing;
3. Provide support services for pregnant women who use drugs and their children, including post-delivery services and programmes for the prevention of mother to child transmission of HIV;
4. Sensitise and educate all service providers at addiction treatment sites about HIV- prevention and testing and the need to incorporate such services into their drug treatment programme;
5. Ensure that programmes and policies for people who use drugs are informed by research and other evidence (including research on barriers to access to health care services for drug users; use of peer educators to provide education and information) and are not driven by condemnatory, moralistic attitudes;
6. Identify, support and pay peer educators to facilitate access to treatment;
7. Ensure access for drug users to public health facilities;
8. Promote a harm reduction and public health approach to addressing drug use, including support for alternatives to incarceration for drug users;
9. Promote continuity of treatment and social assistance for drug users (e.g., on entry into and exit from custody).

For young people in especially difficult circumstances, including orphans and other children made vulnerable by HIV in the Caribbean

1. Incorporate representatives of the youth community who are recommended and approved by local youth organisations at all levels of decision-making related to HIV/AIDS policy and implementation;
2. Establish children/youth advisory boards that will identify the needs and issues of concern to children/youth and that will guide programme development, including training for all children and youth in preparation for meaningful employment;
3. Conduct sensitisation, education and life skills training programmes about the process of disclosure for parents/caregivers of children who are HIV positive;
4. Educate and sensitise children and youth about their human rights and empower them to take necessary the steps to report physical, sexual and other cases of abuse;
5. Create an awareness of the need for redress for children and youth who have been denied access to treatment;
6. Ensure the legal system adequately addresses issues of abuse of youth and children;
7. Train children and youth to become adherence counsellors, peer educators, and advocates for the rights of children, and create opportunities for the utilisation of their skills;
8. Sensitise and educate all legal service providers about how to provide adequate legal services to children and youth;
9. Train children and youth to interact and effectively communicate with the media;
10. Engage children and youth in all areas of decision- and policy-making that affect their lives.

For men who have sex with men in the Caribbean

1. Incorporate representatives of the Caribbean men who have sex with men (MSM) community who are recommended and approved by local MSM organisations at all levels of decision-making related to HIV/AIDS policy and implementation;
2. Train health care personnel to effectively and affectively provide services for MSM;
3. Develop an internal MSM-community referral system to friendly health care facilities and service providers;
4. Execute programmes that aim to eradicate homophobia and heterosexism;
5. Repeal ‘sodomy’ laws to create a policy environment that is conducive for MSM to access all health care services;
6. Ensure access to treatment for HIV-positive MSM who are incarcerated, young or from rural areas;
7. Establish support groups for HIV-positive MSM which include their partners, families and friends to promote adherence;
8. Sensitise faith-based organisations, religious leaders, politicians, policy makers and legislators about the destructive impact of homophobia;
9. Incorporate these recommendations as part of national and regional level policies which promote human rights and the exercise of citizenship without stigma and discrimination of any kind, in particular for sexual orientation and/or gender identity.

Sex workers in the Caribbean

1. Incorporate representatives of the sex work community who are recommended and approved by local sex work organisations at all levels of decision-making related to HIV/AIDS policy and implementation;
2. Train service providers at treatment sites in human rights of sex workers;
3. Offer comprehensive services, including VCT, to sex workers at all clinics;
4. Build and expand outreach facilities in areas where sex work is common;
5. Establish comprehensive referral system for adherence support;
6. Provide language assistance to foreign sex workers at clinic sites;
7. Provide confidential counselling for HIV positive sex workers;
8. Ensure HIV-positive sex workers who are sick have access to social services, education, and condom distribution regardless of residency status;
9. Provide equal access to services for brothel and street sex workers;
10. Ensure the non-disclosure of the sero-status of sex workers to others, including brothel owners;
11. Scale up treatment and care for sex workers beyond the brothel;
12. Ensure human rights protection for sex workers, including protection against sexual exploitation;
13. Decriminalise sex work.

Signed,

Carlos Adón

Instituto Dominicano de Estudios Virológicos

Dominican Republic

Moisés Agosto

Tides Foundation

Puerto Rico

Juanita Altenberg

Maxi Linder Association

Suriname

Harry Beauvais

Foundation for Reproductive Health and Family Education

Haiti

Robert Best

United Gays and Lesbians Against AIDS Barbados

Barbados

Dusilley Cannings

Network of Guyanese Living With and Affected by HIV/AIDS

Guyana

Robert Carr

Caribbean Centre for Communication for Development

Caribbean Institute for Media and Communication

University of the West Indies

Jamaica

Milton Castelen

National AIDS Program

Suriname

Veronica Cenac

AIDS Action Foundation

Saint Lucia

Rachel Charles

Hope PALS Network

Grenada

Marcus Day

Caribbean Drug Abuse Research Institute

Saint Lucia

Joan Didier

AIDS Action Foundation

Saint Lucia

Novlet Dougherty-Reid

Jamaica AIDS Support for Life

Jamaica

Olive Edwards

Jamaica Network of Seropositives

Jamaica

Keenan Ferreira

Life Goes On

Dominica

Patricia Figueroa

Caribbean Treatment Action Group

Puerto Rico

Devon Gabouriel

United Belize Advocacy Movement

Belize

Philipa García

Alianza Solidaria para el VIH/SIDA

Dominican Republic

Tamico Gilbert

Bahamas Human Rights

Amnesty International

Bahamian Friends of the Cuban Five

Bahamas

Mario Kleinmoedig

Orguyo

Curaçao

Steeve Laguerre

SeroVie

Haiti

Rohan A. Lewis

Board Member

Caribbean Vulnerable Communities Coalition

Jamaica

Rosáura Lopez

Puerto Rico Concra

Puerto Rico

Deborah Manning

Board Member,

Caribbean Vulnerable Communities

Jamaica

Ian McKnight

Jamaica AIDS Support for Life

Jamaica

Aimé Charles Nicholas

Formation Interventions Recherche sur le Sida et les Toxicomanies Caraïbe

Départements français d’Amérique (Martinique, Guadeloupe and Guyane)

Caleb Orozco

United Belize Advocacy Movement

Belize

Ricky Pascoe

Board Member

Caribbean Network of Seropositives

Ethel Pengel

Mamio Namen Project

Suriname

Johane Philogène

Foundation for Reproductive Health and Family Education

Haiti

Sissaoui Pierre

Entr’aides Guyane

French Guyana

Nastassia Rambarran

Society Against Sexual Orientation Discrimination

Guyana

Leonardo Sánchez

Amigos Siempre Amigos

Dominican Republic

Joel Simpson

Society Against Sexual Orientation Discrimination

Guyana

Yvonne Sobers

Families Against State Terrorism

Jamaica

Jonathan Waters

Red Voluntarios de Amigos Siempre Amigos

Dominican Republic

Solomon Wedderley

AIDS Foundation of The Bahamas

Bahamas National Network for Positive Living (BNN+)

Bahamas

Gareth Williams

Jamaica Forum for Lesbians, All-sexuals and Gays

Jamaica

Living with HIV/AIDS

For World AIDS Day 2006, this article was printed in the Guyana Chronicle of Sunday 26 November, 2006

In observance of World Aids Day 2006, the Guyana Chronicle begins a series of six articles on the programmes used here to fight the disease.

We begin, though, with a story of a university student, 24, currently employed at a commercial bank, who sees hope after testing positive for HIV/AIDS. His name has been withheld. HIV/AIDS is the leading cause of death in Guyana in the 15-44 age group.

Killing myself
In 2005, I realised that I might be HIV positive. I had become very ill and lost a lot of weight. I started worrying about HIV.

I was scared of finding out the truth. I thought that I would kill myself if I was positive. I thought that it would be better not to know, and every time I heard 'HIV' I felt scared. I did not want to hear anything.

I thought that if I was HIV positive, it would be the end of my life. I did not trust any of the counselling services, since I heard many stories of confidentiality being breached. I did not have anyone to talk to about this, and my life was hell.

Deepest darkest secrets
In July 2006, I could not keep it to myself, and I confided in my best friend who knows everything about me. He urged me to do the test, but I could not bring myself to do it.

Another friend who I had recently met, seemed to me to be very considerate and confidential and opposed to discrimination. I told him how scared I was and I started to cry.

He told me that if I did not go to do the test, he would stop talking to me and tell this other guy I had a crush on. I believed he was crazy enough to do that. He also said he was going to go with me to do the test.

He and I went to do the test. My best friend also wanted to go with me, but he had to work.

Putting on a brave face
The counsellor told me about the test, and what was involved. I gave the blood. I did not feel I wanted my friend with me for the results. The counsellor asked me about the girl I had. I said nothing. She subsequently said she did not care about my sexual orientation, but I did not feel I wanted to say anything. She interpreted the results for me, and asked me if I had anything to say.

The tears came to my eyes, but I was determined not to cry. I had to leave and go back to work, and I put on a brave face and went out.

That afternoon, I told my friend the results. It was difficult. He found out that the St. Joseph’s Mercy Hospital was good to go for the check up. That night I went home and cried until I slept.

Learning everything about HIV/AIDS
After a few days, I made the appointment to see the doctor and counsellor at the Mercy Hospital, Georgetown. I was scared of going to the GUM Clinic which seemed too public. I realised that people would see me going into Mercy, but that my health was important and I did not care what they would think. The HIV advertisements now made sense to me, maybe too late.

I decided to read everything I could find on the Internet and everywhere else. The doctor asked me whether I had sex with men. I thought it was important to tell him the truth, and face any discrimination. There was none. They explained the treatment to me, and took the tests.

I went back after a month to start the ARV treatment. There were many tablets. I make sure that I know what tablets I am taking to keep informed.

Quitting smoking and drinking
I used to put my cell phone on alarm to remember when to take the tablets. There were many – six in the morning, five in the night. After a while I have grown accustomed to the routine. I have a pill box which allows me to fix the tablets in dosages. Most significant, I have stopped smoking and drinking.

I have found that it is easy to have a good time like other people. I tell my friends that I get drunk easily so I would not drink beers now. I eat better now, and I exercise every night. I feel good.

I think Mummy knows
I wish my mother could know, but I know she will be upset. Unlike cancer and TB and diabetes, she probably thinks that HIV is preventable. I try to hide the tablets from them – my mother and my siblings. I also try to leave the TV at any programme talking about HIV/AIDS. I do not think my mother would put me out if she knows; she would probably be upset with me for a little bit.

I do not know when I would tell her or the rest of my family. She has seen me ill and has dropped hints, but I don’t answer her. I think Mummy knows.

Telling other people
I told another friend. He cried with me for half an hour. He used to call me regularly before I told him, but I have not heard much from him since. I think because I stopped drinking and smoking and probably not wanting to go out.

Last year, I had unprotected sex with someone who I have feelings for and who has feelings for me. We thought that we could trust each other. I told him a few weeks ago to go and do a test since I am now HIV positive. It was difficult for me to do. He said he would go. I have to check with him.

Scared of being fired
I saw something at my workplace, where they say something that they will not unknowingly screen people for HIV. I do not want them to know my status, since I am scared of being fired. I do not know if they have any laws to stop that from happening. I keep my business to myself.

Before the test, I sometimes lost focus, and one time my manager asked me if everything was okay. I told her after I had accepted my test results that everything is fine.

I would like to educate others, to tell them what I know

I want to educate other people, to encourage them to do the test if they think they are positive and to start the treatment. People should not think that 'not knowing is best'. Before, at work, whenever they started talking about HIV at work, I used to shut up. Now, I make sure I keep the conversation going and talk about what I know, like how people are more likely to die from diabetes or heart disease complications rather than HIV/AIDS.

I have not thought of joining any organisation. I think it would be nice to meet other people who are HIV positive so as to share what is happening with us.

I am living
Death is the last thing on my mind. I am determined to live well with HIV. I have been inspired by other stories, like that of Magic Johnson [American basketball player who is HIV positive]. I believe I am responsible for myself and have to keep a positive outlook on life.

Whenever I get depressed, I call my best friend. I would like to continue my education, and to get a better job, and to do all the things which I had planned to do. Now, I appreciate life even more.

(** Our thanks to the Society Against Sexual Orientation Discrimination for allowing us to use this story. In tomorrow’s issue, we examine the work of two Hindu organisations in removing myths about how the disease is spread and how they preach abstinence as the best way to stop the spread of HIV/AIDS)

SASOD's note about the ERC delay

Letter published in Stabroek News and Kaieteur News of 22 November, 2006
Dear Editor,

The news that the South African parliament has voted
to legalise same sex marriages is encouraging.

This, at a time when South Africa faces serious
problems with crime, the spread of the HIV/AIDS
epidemic and poverty, demonstrates the commitment to
human rights even as, in other places, homophobic
leaders try to turn energies to preventing rights of
gay and lesbian citizens while ignoring issues such as
poverty and poor governance.

In Mexico City, same sex unions are also now
recognised, while in Buenos Aires, the laws which
criminalised the travesti (cross dressing) have been
repealed.

As these trends emerge in the Global South, the
Caribbean continues to be plagued by homophobia and
excuses for homophobia. It is now almost a year since
SASOD has applied to the Ethnic Relations Commission
to exercise their mandate to "encourage and create
respect for religious, cultural and other forms of
diversity in a plural society" and rule on the
permission given by the State entities to promote
homophobic lyrics in the public venues.(http://sasod.blogspot.com/2005/12/letter-sent-to-ethnic-relations.html).
The Ethnic Relations Commission has not considered the
request.

It is unknown whether the ERC has decided that
homosexuals are not worthy of human rights and respect
in a diverse society.

The tolerance of a call to kill is an indictment of
the society, especially since no one knows who next
will be targeted.

Yours faithfully,

Members of SASOD

Public Discussion International Day of Tolerance

SASOD held a discussion on Thursday 16 November, 2006 at Oasis Too,


Philip's rendition of the song Hero "So when you feel like hope is gone
Look inside you and be strong
And you'll finally see the truth
That a hero lies in you "
closed off an evening of brief but interesting discussions around tolerance and acceptance.

The discussion started a bit late, as things usually do in Guyana. The evening light was beautiful through the Oasis Too windows, and a warm atmosphere was created before we started. Scheherazade Ishoof was our first speaker and she approached tolerance looking at Voltaire and Muhammad Marmaduke William Pickthal , one of the translators of the Quran. A quotation from voltaire " "

This little globe, which is but a point, rolls through space, as do many other globes; we are lost in the immensity of the universe. Man, only five feet high, is assuredly only a small thing in creation. One of these imperceptible beings says to another one of his neighbors, in Arabia or South Africa: 'Listen to me, because God of all these worlds has enlightened me: there are nine hundred million little ants like us on the earth, but my ant-hole is the only one dear to God; all the other are cast off by Him for eternity; mine alone will be happy, and all the others will be eternally damned."

They would then interrupt me, and ask which fool blabbed all this nonsense. I would be obliged to answer, "You, yourselves." I would then endeavor to calm them, which would be very difficult."

Tolerance was explored as a religious virtue, often misinterpreted by religious fundamentalists who needed to exploit power. Examples were given of the times when Muslims demonstrated tolerance and acceptance, and points were raised to show expressions of tolerance in the Quran. Omar Bissoon argued that tolerance was not acceptable, since it meant to endure that which was abhorrence, and that in divided societies, tolerance alone could not bring peace. He cited various discussions on tolerance in which people indicated that they 'hated' tolerance, and preferred respect and acceptance. Projects based on tolerance would be doomed since the basis was not valid, and the promotion of acceptance was necessary for differences- different religion, political views, sexuality, race, gender. He stressed the need for understanding and empathy , and the desire to know of other people to empathise with them. The quote from Oscar Wilde"

“We are all in the gutter, but some of us are looking at the stars.”

concluded his presentation.
Omar's full presentation could be downloaded here
Philomena Pilgrim from GPlus asked for no discrimination for people living with HIV AIDS, since HIV has no face, and it crosses race, class, gender. She stated the problems of discrimination. Karen Hall talked about facing discrimination as a person with a disability, and about overcoming that to find alliances and to rise through that. The questions and discussion afterwards were to seek clarification on perceptions of Islam as violent, of recognising the difference between tolerance and acceptance..
Thanks to Keimo who sang Stand Up to enhance the message of the evening.. and encouraged us to ask Phillip to do his song which made us feel like Heroes for continuing to stand up to discrimination.

SASOD Movie Night - Dangerous Living, Tuesday 14 November, 2006

Venue : Sidewalk Cafe, Middle Street, Georgetown

Time : 7:30pm

"While much art has focused on gay culture in America, less attention has been paid to the experiences of non-western gay communities. Director John Scagliotti turns his camera to that exact subject in this one-hour documentary hosted by Janeane Garofalo. Using interviews and personal accounts of mistreatment, persecution, and abuse, director John Scagliotti reveals the challenges that many gay and lesbian people face when deciding whether or not to come out of the
closet. Featured locations include Egypt, India, Vietnam, and Honduras among others."
running time : 62 minutes

We had an audience of about 16 persons. Feedback indicated that the film was interesting.

"For me it was very enlightening! and here's a
success story - my friend is sort of homophobic. I
didn't tell him what kind of film we were going to
watch until we were outside. He wanted to turn back
and I convinced him to go in on the basis that if he
didn't like what he saw we'll leave. He stayed until
the end and when i asked him how was it, he said he
now appreciates the challenges that gays and lesbians
face and his tolerance for such issues has increased."

SASOD Movie Night - 3 October

SASOD showed 'On the Low' and 'When night is falling' at Sidewalk Cafe to an audience of about 20 persons. This resumes the movie night activities after teh film festival

SASOD is encouraged by Open Letter from Indian citizens

THE support for the equality of gay and lesbian
citizens around the world was strengthened with the
issuing of an Open Letter to the Government of India
by more than 100 eminent persons of Indian origin


The letter was written by noted author, and endorsed
by Nobel Prize economist Amartya Sen. The other
signatories come from diverse walks of life, and
include academics, public servants, politicians,
lawyers, artists, soldiers, religious leaders, social
activists and business people. Some of them were
active in the fight for India's independence.

The purpose of the letter was to call for a repeal of
the colonial 'sodomy' laws which the authors believe
are held to oppress homosexual men. They join the list
of notable world citizens like

Archbishop Desmond Tutu and the Dalai Lama, who
themselves survivors of oppression, have condemned the
oppression of gay and lesbian people.

The Society Against Sexual Orientation Discrimination
welcomes the move by the Indian citizens to call for a
review of the legislation which criminalises
consensual same sex relationships.

Guyana, like India, inherited some of the oppressions
inherent in the colonial laws which have been repealed
in the United Kingdom and in other parts of the
Commonwealth.

SASOD calls for a reform of the various legislation
which deals with sexual offences, to remove the ban on
consensual sex. At the same time SASOD has joined with
other interest group to call for the urgent reform of
the legislation to improve the access to justice for
victims of sexual violence, especially child victims.

The signatories to that letter asserted that "There
should be no discrimination in India on the grounds of
sexual orientation. In the name of humanity and our
Constitution this cruel and discriminatory law should
be struck down."

Those who are interested in a progressive and
inclusive democracy in Guyana should also work towards
the removal of discrimination against gay and lesbian
Guyanese.
MEMBERS OF SASOD

SASOD responds to request for Information from the Immigration and Refugee Board of Canada

In reference to your correspondence dated September 1,
2006, Society Against Sexual Orientation
Discrimination (SASOD) - Guyana provides the following
information at your request:

We note that the IRB has some information in a
previous request available at RIR GUY42340.E which
gives some background to the environment for the
treatment of homosexual people in Guyana.

Please find below the response to your specific
questions:-
1)1. Treatment of homosexuals by society in general;
whether homosexuality is illegal.

The treatment of homosexuals by society in general
varies according to social class and economic
background. Persons who are openly gay of a higher
social stratum and those who are independently wealth
are more insulated from the strong homophobia that is
ever so present in the Caribbean to which Guyana is no
exception. Most working-class homosexuals are forced
to conceal their sexual orientation in fear of social
persecution, discrimination and stigma. In a survey on
suicide in Regions 5 & 6 during 2000 conducted by the
Regional HIV AIDS Committee noted that 8.9% of the men
who committed suicide were homosexual.

Under section 351 of the Criminal Law (Offences) Act
Chapter 8:01, consensual sexual activity between men,
whether in public or private, is illegal. This Act is
available from
http://www.gina.gov.gy/gina_pub/laws/Laws/cap801.pdf
It is also a summary offence for a man to dress in
female attire. (check
http://www.gina.gov.gy/gina_pub/laws/Laws/cap802.pdf)
As recently as Monday, May 15, 2006, a self-confessed
male prostitute, Ronell Trotman, was charged for this
summary offence before the Georgetown Magistrate
Court. Check
http://www.stabroeknews.com/index.pl/article?id=55974744
Stabroek News,
Tuesday 16 May, 2006.

An attempt by the Eighth Parliament of Guyana to
enshrine constitutional protection against
discrimination on the grounds of sexual orientation
was strongly opposed by sections of the Christian and
Muslim communities. This resulted in the Parliament
rejecting the Amendment. A request dated December 2,
2005, by SASOD to the Ethnic Relations Commission for
the state to ban homophobic lyrics in popular music
has not been acknowledged despite repeated attempts by
SASOD in this regard. The Ethnic Relations Commission
is to the Ethnic Relations Commission, a
constitutional commission mandated to preserve respect
for diversity

2. Statistics of reported crimes against homosexuals
or statistics on prosecution of such crimes. Work of
the police, the courts and the authorities in general
in relation with the protection of homosexual persons.


There are no statistics on homophobic crimes or their
prosecution. Homophobia results in the under-reporting
of several sexual offences committed by men against
other men.

SASOD receives reports of police brutality against
homosexual people, but many of the victims are scared
to follow up on the reports. The reports also include
sexual violence committed by police.

3. Non-governmental organizations working to support
and/or protect homosexual persons.

In addition to the SASOD, the Guyana Rainbow
Association (GuyBow) does HIV/AIDS work with
vulnerable groups including Men who have Sex with Men
(MSM) and male-to-female transgender Commercial Sex
Workers (CSW) and provides related support to these
groups.

The Guyana Human Rights Association has investigated
reports of police brutality when asked.

SASOD is a human rights advocacy group in Guyana
working against discrimination particularly on the
grounds of sexual orientation and gender identity
since 2003. SASOD also organizes various activities to
promote respect and tolerance for all forms of
diversity in a plural society. SASOD has managed to
conduct some activities but always in an atmosphere of
apprehension. More information on our activities is
available on our website at
http://www.geocities.com/sasod_guyana .

SASOD Endorses Civil Society Committment to Good Governance

Members of the organizations listed below wish to record our disappointment that once again we are approaching general elections without the long-promised constitutional and electoral reforms in place which would make them secure and meaningful. Creation of appropriate electoral constituencies, equal representation of women with men and a candidates’ list which allows voters to know clearly for whom one is voting, are some examples of agreed reforms. Rather than usher in a new and dynamic democracy, elections under our system are a discredited and demeaning ritual.

A related source of disappointment is the seeming willingness of the diplomatic and donor community to travel the same road in spite of their own analysis of the need for implementation of the promised reforms. Calls for peaceful behaviour would be more convincing if accompanied by acknowledgement that the electorate has been short-changed with respect to reforms. Citizens are not prone to electoral violence by coincidence, but by repeated failure of political leadership in general to deliver on their promises.

Pinning hope for change on third party politics rather than constitutional and electoral reform has created a belated need for a flurry of programmes to pacify frustrated citizens, as if they, rather than bankrupt political systems, are the cause of Guyana’s problems.

Failure to implement electoral laws is symptomatic of the broader governance experience of the past four decades. Reforms widely agreed as necessary with respect to the Constitution, the economy, development, the hinterland, the justice system and a host of other pressing needs remain uncompleted from one year to the next and one generation to the next.

However, criticism of the past performance of others should not deflect from, nor excuse our own failures in the civic sector to engage more effectively and consistently in governance processes in our local communities and at the national level.

A first step in correcting this malaise, therefore, is directed to civic, religious, professional, philanthropic, community-based, trade union and cultural organisations to assume greater responsibility for the quality of democracy, development and well-being of our own society. Following this commitment, a process of full consultation among all signatories on the way forward will be set in train. This commitment is inspired by Article 13 of the Guyana Constitution which states:

“The principal objective of the political system of the State is to establish an inclusionary democracy by providing increasing opportunities for the participation of citizens, and their organisations 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.”


While committing our organizations to encourage the peaceful resolution of the up-coming election, we do so in a spirit of making it the last to be held under a political and electoral system so demeaning and undignified.
PLEDGING ORGANISATIONS

African Cultural Development Association, Airy Hall Development Group E'bo, Amerindian Peoples Association, Anglican Church in Guyana, Ann's Grove Development Committee ECD, Ann's Grove Football Team #2 ECD, Ann's Grove Line Star United Football Club Britannia Jamaat ECD, Church Women United -EBD, Church Women United - Guyana Community Based Rehab-EBD, Common Ground

Cullen Women & Youth Development, E'bo, DeWillem Community Council ECD, Guyana Association for the Visually Impaired, Ebenezer Youth Fellowship WCD, General Workers Union, Guyana Coalition of Citizens with Disabilities, Guyana Citizens Initiative, Guyana Human Rights Association, Guyana Council of Churches, Guyana Trades Union Congress, Help & Shelter, National AIDS Committee

Pomona Women & Youth Reaching Out, E'bo, Red Thread, Rights of Children (ROC), Spring Garden Mandir, E'bo, Society Against Sexual Orientation Discrimination, St. Ann's Orphanage, Sunflower Women & Youth Group, Essequibo, Station Road Tuschen Jamaat WCD, Two Friends Dutch Four Community Group, Tuschen Old Road Jamaat WCD

Uitvlugt Ocean View Jamaat WCD, Uitvlugt Pasture Jamaat WCD, Ursuline Sisters in Guyana, Vilvoorden Women's Group E'bo

YMCA - Albouystown, Zeeburg Jamaat E'bo

SASOD joins call to revamp Standford 202/20 Song featuring Beenie Man

Kingston, Jamaica – 25 July 2006 - The recently rejuvenated Caribbean Forum for Lesbians, All-sexuals and Gays (C-FLAG) is greatly disturbed by a recent development in the region which has made notoriously homophobic dancehall artiste Beenie Man one of the performers of the official anthem of the Stanford 20/20 Tournament sponsored by Texas Billionaire Allen Stanford – owner of Caribbean Star and Caribbean Sun Airlines and organised by Kelly Holding Ltd. According to a Stanford 20/20 press release, the song will be played on radio stations across the Caribbean region and at every match during the tournament.

Stanford 20/20 is being promoted as unifying the Caribbean and being the new vision for West Indies cricket yet the decision to select Beenie Man seems extremely short sighted in the least, given the singer’s history of promoting intolerance and violence against lesbians and gays in his musical lyrics. Not to mention, the threat this poses to the great reputation of West Indies cricket, which can easily be eroded internationally by the ill repute of Beenie Man for inciting hate and disunity on the basis of sexual identity. And, according to Stanford 20/0 promotional materials, several Caribbean cricketing legends have given their support to Beenie Man’s involvement in the project.

C-FLAG believes artistes chosen for such an instrumental purpose should not only possess talent in their particular musical genre but also an untarnished track record of promoting non-violence, tolerance, respect and love for all, regardless of sexual identity. There are many other talented dancehall artistes who embody these principles, some of whom have openly spoken out against homophobia.

Recently, in Jamaica, the private sector has taken an unprecedented stand against homophobia by …

C-FLAG strongly urges Allen Stanford and Kelly Holding Ltd. to take a stand against homophobia in the Caribbean by recalling the song from all radio stations and by discontinuing its play in original form as long as Beenie Man is featured in it.

Critique of CARICOM Model Legislation on Sexual Offences

A SASOD First-Look at the CARICOM Model Legislation on Sexual Offences

The CARICOM Model Legislation on Sexual Offences was drafted between 1989 and 1991 as part of a series of Model Legislation on issues affecting women and adopted in 1991 by the CARICOM Ministers responsible for the Integration of Women in Development. According to the Explanatory Memorandum, it was agreed that the general approach to the legislation would be gender neutral. However, in many instances, this intended gender-neutral approach did not manifest itself in the drafting of the legislation.

First and foremost, clause 3 limits the definition of rape to male-to-female rape and does not include the rape of a man, which can be both anal and ‘vaginal’ in the case of a male-to-female transsexual with an artificial vagina (R v. Mathews (John) (1997) unreported, CC). The definition of rape must be widened to include male rape to break down the social stigma attached to the sexual molestation and victimization of young boys and men, which impedes male victims of rape from reporting this criminal offence.

Also in clause 3, the definition of rape expressly excludes marital rape, which has been established by English case law (R v. R (1991) 1 AC 599, HL), that is, given that “in today’s society, marriage is a partnership of equals” (per Lord Keith), a man can rape his wife. Given the public health dimension to rape compounded by the HIV/AIDS epidemic, the definition of rape must include marital rape to protect wives who may have reason to believe that their husbands may have become infected with HIV and therefore wish to protect themselves from infection by abstaining from sexual intercourse. Clause 4(4), which only allows for the offence of unlawful sexual intercourse of a husband committed against his wife in cases of a legal intervention or agreement, is unacceptable, for the same reasons.

Under clause 7, the definition of incest is limited to sexual intercourse between brother and sister and does not include sexual connection (which is wider in meaning than sexual intercourse) between brother and brother and sister and sister.

According to clauses 8 to 10, the age of consent appears to be 14 years. It is recommended that the age of consent be 18 years to protect all children from sexual exploitation by adults and confirm to international standards for child rights and protection (Article 1, Convention on the Rights of the Child). Also, there should be a three-year differential, which does not attract criminal sanction, between children (under 18 years) and consenting adults so that under-age sexual activity is not criminalized.

Under clause 15(2), the offence of “gross indecency” infringes the right to equality and is discriminatory against same-sex consenting adults on the basis of sex, which has been defined by the Human Rights Committee (HRC) to include sexual orientation in Toonan v. Australia (Communication No. 488/1991). Further, public health considerations require that such offences be repealed; otherwise risk, behaviour is driven underground. In Toonan, the HRC found that the right to privacy was breached by laws that criminalize private homosexual acts between consenting adults, noting that:

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

Clause 15(3) also infringes the basic human right to privacy under Article 17 of International Covenant on Civil and Political Rights by criminalizing private sexual activity where more than two consenting adults take part or are present. Again, public health policy requires that such acts do not attract criminal sanction; otherwise, risk behaviour is driven underground.

In defining “gross indecency,” clause 15(4) refers to acts other than sexual intercourse “(whether natural or unnatural).” Such language is highly inappropriate in legislative drafting since the nature of any form of sexual activity is a subjective question of one’s own private morality.

Clause 16 crafts a separate and specific offence of “indecency between woman and girl,” which would not be necessary if the model legislation had really taken a gender-neutral approach, drafted on the basis of basic principles and international standards of human rights on equality and non-discrimination on the grounds of sex, which includes sexual orientation. In effect, therefore, persons who are heterosexual, bisexual and homosexual are all protected from discrimination by international human rights.

In clause 17, the right to privacy is not respected for consenting opposite-sex adults who choose to engage in anal sex by criminalizing opposite-sex “sodomy.” This is also discriminatory against heterosexual persons on the grounds of sexual orientation.

To sum up, the Model Legislation suffers from the deficiency of not incorporating a gender-neutral approach to sexual offences. In addition, many progressive legal developments related to sexual offences, from which the Model Legislation was not able to benefit since its adoption, have occurred in 1991 and thereafter. It is recommended that the Model Legislation be updated with the latest legal developments related to sexual offences and revised in tandem with basic principles and international standards of human rights.

June, 2006

Joel Simpson, LLB.
Society Against Sexual Orientation Discrimination (SASOD)
Guyana
Website: http://www.geocities.com/sasod_guyana
Email: sasod_guyana@yahoo.com

From the Bermuda Sun

http://www.bermudasun.org/main.asp?SectionID=4&SubSectionID=135&ArticleID=29821&TM=36495.7
Dear Sir,

It is with great disappointment that we at the Society Against Sexual Orientation Discrimination (SASOD) Guyana learn of the failure of the Bermuda House of Assembly to debate the bill which would outlaw discrimination on the grounds of sexual orientation.

It is important to understand that the right not to be discriminated against on the basis of sexual orientation is a basic human right to which all are entitled equally, whether heterosexual, bisexual or homosexual.

Irrefutably, non-heterosexuals have been stigmatized and discriminated against from time immemorial and therefore stand to benefit most from legal protection. This is lamented by no less a person than Archbishop Desmond Tutu in the foreword to the Amnesty International book, Sex, Love & Homophobia, in the following words: "Yet all over the world, lesbian, gay, bisexual and transgender people are persecuted. We treat them as pariahs and push them outside our communities. We make them doubt that they too are children of God — and this must be nearly the ultimate blasphemy. We blame them for what they are."

Archbishop Tutu has also linked homophobia to apartheid when he said that the persecution of people because of their sexual orientation is every bit as unjust as that crime against humanity, apartheid.

Archbishop Tutu puts it best in these words: "This is a matter of ordinary justice. We struggled against apartheid in South Africa, supported by people the world over, because black people were being blamed and made to suffer for something we can do nothing about — our very skins. It is the same with sexual orientation. It is a given. I could not have fought against the discrimination of apartheid and not also fight against the discrimination which homosexuals endure, even in our churches and faith groups. And I am proud that in South Africa, when we won the chance to build our new constitution, the human rights of all have been explicitly enshrined in our laws. My hope is that one day this will be the case all over the world, and that all will have equal rights."

Human rights protection for lesbian, gay, bisexual and transgender people is often dismissed by the homophobes as a Western concern but the fact is that South Africa was the first country in the world to ban discrimination on the basis of sexual orientation in its post-apartheid constitution. South Africa has certainly learned from its apartheid experience that ignorance, intolerance and hate must be opposed in all its forms. Do we here in Caribbean need such a virulent struggle to teach us a lesson? Or will we simply learn from the past mistakes of others around the world? Further to this being an essential matter of basic human rights, what is even more alarming is that this is also a matter of public health concern and the Minister of Health, Patrice Minors, and other government backbenchers are reported as being against the bill. Dr. Mirta Roses, Director of the Pan American Health Organisation (PAHO) has eloquently reinforced that hatred against homosexuals is not only a threat to human rights but a threat to life itself.

In her words: "... homophobia contributes to the spread of HIV. Fear of being stigmatized often prevents homosexual men from seeking HIV testing, counselling, and treatment, with the result that they are less likely to adopt measures to protect themselves and others from the virus."

According to Sir George Alleyne, U. N. Secretary General's Special Envoy on HIV/AIDS to the Caribbean, homophobia is the major stumbling block to fighting the spread of HIV/AIDS in the region. Dr. Peter Piot, Executive Director of UNAIDS, has also said that homophobia is one of the "best friends of HIV/AIDS" at the fifth Annual General Meeting of the Pan Caribbean Partnership Against HIV/AIDS (PANCAP) held in Port-of-Spain in September of last year.

PAHO asserts that homophobia is of such grave concern in Latin America and the Caribbean that the governments of Brazil, Mexico and Colombia recently launched mass media campaigns against homophobia. In Argentina and Chile, this theme has been featured in poster campaigns and on television where the messages were well received. What is necessary to build a society of justice and tolerance? This bill gives Bermuda a valiant opportunity to put itself on the human-rights map with progressive legislation that guarantees equal rights for all.

We at SASOD stand in solidarity with Mrs Webb and the other supporters for non-discrimination on the grounds of sexual orientation in Bermuda. We call on the government of Bermuda to show sterling and unwiltering leadership and to oppose injustice in all its forms by re-introducing a bill which bans discrimination on the grounds of sexual orientation and to set an example to change the face of homophobia.

Joel Simpson

Chairperson

SASOD - Guyana

Press Statement on Rule of Law - SASOD joins with CEN

Rule of law Under Threat in Guyana

A BATTLE is being played out between the institution which symbolizes law and order in Guyana, namely the Guyana Police Force (GPF), and criminal forces driving the drug enterprises which the government of the day appears unwilling to confront.

At stake is the most basic principle of Statehood, whether Guyana will continue to subscribe to the rule of law. The rule of law means the same rules govern all people. It is a precondition of a democratic state, and is designed to ensure that each person is protected from abuse of power, and that the presumption of innocence prevents any person being punished for false accusations or mistaken identity.

The continuing failure of the GPF or Joint Services operations either to quell violent crime – particularly in Indo-Guyanese communities - or indict drug traffickers has left the population sceptical, suspicious and scornful of the agencies responsible for law enforcement and the administration of justice.

This unhealthy situation encourages acceptance of cutting corners with respect to law enforcement and leaves people open to considering even more desperate measures. Moreover, the government reinforces such attitudes by ignoring drug criminals while condemning other types.

People currently voicing support for drug operations providing “protection” should thus think long and hard about the logical consequences for them, their families and communities.

Drug operations first and foremost protect their own illegal enterprises, and they will do this regardless of race or any other considerations. Everyone involved in the drug trade is breaking the laws of Guyana. They protect their illegitimate business by resorting to corruption and violence, safe in the knowledge that a blanket of fear prevents their victims from speaking out.

They will choose their targets, based on their own agenda. For all of these reasons, the only long-term guarantee of public safety is a reinvigorated and professional Guyana Police Force.

The following summary is drawn from a U.S. Drug Enforcement Report released in March 2006 and other sources, and reveals the degree to which Guyana has become enmeshed socially, politically and economically in international drug trafficking:

** 20-25 metric tons of cocaine pass through Guyana annually worth USD150M, yet no public cocaine seizure of more than 10 kilos was made in the last year.

** Drug mules (mainly women) are arrested on every North-bound route out of the Cheddi Jagan International Airport.

** U.S. Customs & Immigration have discovered cocaine concealed in every known export from Guyana.

** Drug barons have been granted timber concessions and duty-free privileges allowing them access to remote airstrips.

** Money-laundering legislation was resisted for several years.

** The commercial community is undermined by goods sold at impossibly low prices by drug-owned companies. Banks cannot compete with the informal, low interest loans made available to business persons.

** Guyana-based drug rings have been prosecuted in Barbados, the UK and the U.S.A, but no drug trafficker has been indicted in Guyana.

** A survey reported that 27% (almost 1 in 3) 11-19 year olds in Guyana have seen cocaine. The same survey reported 60% (almost 2 out of 3) children in Region One can identify the drug.

Over the past three months, Guyana has witnessed a growing campaign led by Roger Khan, allegedly a leading drug trafficker who has been indicted by a U.S. Grand Jury, to have the Commissioner of Police (CoP) removed from office. An official demand in recent days from Prime Minister Samuel Hinds that Commissioner of Police Winston Felix immediately respond to the contents of illegal tape-recordings of his private conversations moved the confrontation to a new level.

CoP Felix for his part has denied the voice on the tape to be his and asserted that never in his 36 years as a police officer had he conspired to frame anybody.

In April 2006 the first tape was circulated to all media houses purporting to be a recording of a telephone conversation between CoP Felix and a leading member of the major opposition party, the PNCR. While the tape was illegal and no one has claimed ownership, the voice on the tape is widely believed to be that of CoP Felix.

In late May a second tape surfaced, in which the person alleged to be CoP Felix appears to discuss planting drugs on a person to have her detained when she was leaving the country. If this were true it would have serious consequences for the rule of law in Guyana.

However, the timing of delivery of the tapes suggests that the motivation is not to protect Guyanese people, but to undermine CoP Felix because of the recent actions against drug operations.

To date the government has shown insufficient concern to investigate the source of the tapes and to encourage the person responsible to come forward so that the tapes can be verified, without which they can never be credible evidence.

The GPF inherited by CoP Felix in 2004 was riddled with political interference which respected no boundaries, a state of affairs which no doubt influenced a delay of almost two years in Felix assuming office after his original designation as CoP. The following excerpt from a Stabroek News Editorial (26 Sept. 2004) captures that malaise:

“Imagine a Jeopardy quiz programme, Guyana style: the clue is: this police official doesn’t follow the news; is unfamiliar with the name of an accused murderer, even when he has approved a gun licence for him only the month before; signs an upgraded firearm licence for the man after he has committed murder because he doesn’t know he has committed murder; believes that taxi-drivers should qualify to carry 9mm weapons; doesn’t know which police officers have been assigned to investigate which murder cases; is too busy to question the system of issuing gun licences; did not investigate reports of phone records between the Minister and a man accused of murder because he is uncertain of their legality;… and cannot pay attention to all drive-by killings…As citizens of Guyana followed the extraordinary performance by former COP Floyd McDonald (ag) a single question must have crossed their collective minds: just who is in charge of the police force during his tenure, because it surely wasn’t him…”

CoP Felix came into office determined to rehabilitate the GPF and to eliminate rogue elements, such as the ‘black clothes’ squad elements, and has placed hundreds of officers and ranks on charges before the courts. His assumption of office brought an immediate end to the unrestrained political interference which characterized his predecessor’s reign.

The government media has pursued a campaign to undermine CoP Felix, claimed widespread loss of public confidence, publicized calls for his resignation by the Private Sector Commission, highlighted the exact date of the end of his term in office and even suggested he may go before that date because of accumulated leave.

Roger Khan claimed in a full-page ad on May 12, 2006 that “During the crime spree in 2002, I worked closely with the crime-fighting section of the Guyana Police Force and provided them with assistance and information at my own expense. My participation was instrumental in curbing crime during this period.”

To date the government has shown no interest in investigating these claims. The period Khan refers to was one in which the bodies of many young men, mainly Afro-Guyanese, were found dead.

This taste of ‘phantom’ justice illustrated what is to be expected when the rule of law is set aside for vigilante justice. This approach to crime-fighting eventually forced the resignation of the Minister of Home Affairs. It is logical that were it to be prolonged it could consume the government itself.

Once the elements responsible for criminalising the economy are allowed to assume crime-fighting roles, the rule of law is decisively undermined. Vigilante forces cannot be controlled and in the long-term no one is safe.

All citizens have a right to presumption of innocence and a fair trial. That right obliges (and protects) the rest of the society from reducing themselves to equally inhuman status by resolving crimes outside of a fair trial framework.

Recommendations
1. Government leaders should balance their attention to the CoP with a more vigorous focus on the enormous illegality generated by drug traffickers.

2. Until any allegations are proven, CoP Felix should be allowed to continue his efforts to re-constitute the GPF as a professional institution free from political interference, corruption, and capable of effective crime-fighting.

3. External assistance to revitalize and reinvigorate the GPF is essential and urgently needed to tackle both violent crime and the drug trade.

4. The private sector and the government should develop a joint strategy for a transition from a drug-fuelled to a legal economy.

5. Civil society organisations, having lapsed into an extraordinary silence during this criminalizing of the society, must find its voice and assert its social responsibilities.

Sponsoring Organisations

CHURCH WOMEN UNITED

CLERICAL & COMMERCIAL WORKERS UNION

COMMON GROUND GUYANA

COMMUNITY BASED REHABILITATION PROGRAMME – EBD UNIT

GENERAL WORKERS UNION

GUYANA COUNCIL OF CHURCHES

GUYANA TRADES UNION CONGRESS

GUYANA HUMAN RIGHTS ASSOCIATION

RED THREAD

SASOD

Homophobia and Voluntary Blood donation

On the Occassion of World Blood Day, SASOD and GuyBow did a joint letter to the Medical Director, National Blood Transfusion Service, which was copied to
The Minister of Health
The Director of PANCAP
The PAHO Country Rep
The Country Co-ordinator of UNAIDS

The following letter was sent to the press
Dear Editor
On the occasion of World Blood Donor Day, we are
pleased to note that the National Blood Transfusion
Service has asked the media to work with them to
encourage more voluntary donors.
Please permit us to highlight, through the media, a
serious case of stigma and discrimination which the
NBTS indulges in , which perhaps would prevent
voluntary blood donations.
The NBTS it seems, has a public policy of refusing
blood from the following persons.
Men who have sex with men
men who have sex with men and women
Women who have sex with women
amongst others. SASOD recognises that the NBTS is
linking the HIV/AIDS epidemic, to gay and lesbian,
regardless of evidence to the contrary which shows
that women who have sex with men are the most
vulnerable, while women who have sex with women are
least vulnerable to the HIV epidemic.
SASOD hopes that the National Blood Transfusion
Service will correct their perceptions. It is expected
that the Minister of Health who is the custodian of
the National AIDS policy will also ensure that
prejudices are not perpetuated throughout the health
system, regardless of the source of the donor funds.
They have to test all blood for HIV anyways, and it is
now accepted that HIV is spread through any kind of
sexual contact, not only through homosexual contact.
Yours sincerely
SASOD Members

Report of the 2006 film festival - Week 1

How could I know if my boyfriend is gay? asked one woman after seeing Brokeback Mountain. Brokeback Mountain opened SASOD’s film festival and the audience had different reactions to the film. Some people felt that the story of unfulfilled love resonated with many other couples who could not be together for one reason or another, while others realized the difficulty faced by people who tried to live heterosexual lives while being gay. One woman said she thought the acting was crap.
The documentary of Flowers from the Heartland dealt with same sex marriages. One woman in the audience cried throughout the film, she did not why she did. Other people wondered what the fuss about gay marriage was about, in a society in which less people are marrying.
The comedy Eating Out raised questions about the sexual desires and fulfilling them, posing questions about the nature of fantasies and the exploration of same sex encounters. Can a straight man enjoy a kiss with another man? Is it that easy for a straight man to have a sexual encounter with another man – even with the woman of his desires encouraging him?
Better than Chocolate is a comedy which examined women’s sexuality – lesbianism, relationships with younger men, female masturbation, and the issues around transsexualism. Transsexualism is often confused with homosexuality, and some persons in the audience empathized with the characther when she insisted that “I am not a f..ing drag queen’. A woman in the audience was annoyed that the transsexual depicted feminitiy as passive in some instances in when many women would not be.
The film Proteus brought home the history of homophobia and the punishment of those who were accused of sodomy. A sometimes homophobic employees of the café did not realize that the legal penalties for private business could be death and life imprisonment. The South African shorts brought powerful glimpses of lives of gay and lesbian South Africans. The story of Reverend Nkuthola resonated with the audience. She survived excommunication from her church, and then a gang rape in which she was blamed. She became a priest. Her words at the end..”.no prayers can change what God created resonated with the audience, some of whom spontaneously applauded. An expatriate worker was surprised that the film festival was taking place, given the homophobic comments he had witnessed, while other people were very moved by all the films.
The feedback from the first week has been interesting. One reporter expressed disappointment that he could not find any SASOD members who would come out publicly to say that they are not heterosexual, like the subjects in the films.
One man said found the south African shorts thought provoking and felt that the issues should be discussed after the films. Other people said that they would prefer to go home since too much intellectual talk in the night would spoil the night. This man also said he had wondered whether the SASOD film festival would not be a gathering at which people could come to hook up for sex, and thereby reinforce the negativity associated with the ‘gay lifestyle’ , but was relieved to find that it did not appear so.. He agreed that he would be returning for the other films,which will continue Mondays, Wednesdays and Fridays for the rest of June at Sidewalk Café.

Working to ensure the rights of Guyanese to their sexual orientation and gender identity in Guyana – SASOD 's experience

1. Guyana is an independent country located on the North Coast of South America. The population of 750,000 people lives mostly on the coastland of the country. The population is made of descendants of the indigenous Amerindians, slaves from Africa, indentured immigrants from India, China and Portugal, and other settlers. The country is a former British colony. The cultural influences are from these diverse backgrounds, and the religious influences are Christianity in various denominations, Islam, Hindu, Bahai and others.
2. The legal structures of Guyana are inherited from the British Legal system, Guyana is signatory to the Universal Declaration of Human Rights and the other Rights Conventions established by the United Nations.
3. Section 351, 352 and 353 of the Criminal Law Offences Act (8:01) states that

351. "Any male person who, in public or private, commits, or is a party to the commission, by any male person, of any act of gross indecency with any other male person shall be guilty of a misdemeanour's and liable to imprisonment for two years.
352. Everyone who: (a) attempts to commit buggery:; or
(b) assaults any person with intent to commit buggery; or (c) being a male, indecently assaults any other male person, shall be guilty of felony and liable to imprisonment for ten years.
353. Everyone who commits buggery, with a human being or with any other living creature, shall be guilty of felony and liable to imprisonment for life".

4. These laws have not been used to incriminate consensual acts recently, but only used when there is a form of sexual assault, especially against minors.

“If any laws were broken, the police would charge ...”
“Commissioner of Police, press conference, 2004 responding to reporters' questions after a police officer and a civil servant were 'found' in a hotel room.

5. Homophobia in Guyana is grounded around these laws and the advocacy of some religious groups who cite religious teachings to oppose rights to sexual orientation and gender identity. This homophobia has also transferred into popular culture with the influence of some Jamaican based dancehall artistes.
The first attempt to address the legal basis of homophobia is in 2000 during the Constitutional Reform process. The Constitutional Reform committee used the South African model as the basis for a new inclusive society in which human rights are guaranteed for all persons.
3. In January 2001, the Parliament of Guyana voted for a constitutional amendment that would amongst other things, include 'sexual orientation' as one of the characteristics for non-discrimination. President Jagdeo refused to assent to the Amendment after pressure from members of the Evangelical Christian and Muslim clergy. The Parliament was dissolved for General Elections. The issue was raised again in May 2003, when the Constitutional Amendment bills were passed to establish the various rights commissions.
4. The public debate was led largely by the Christian and Muslim community which lobbied at all levels to remove that discrimination.
5. SASOD (Society Against Sexual Orientation Discrimination) is an informal network of people who are opposed to discrimination on the grounds of sexual orientation. This group formed as a response to the prevailing homophobic conditions and to present the case in support of the rights of gay and lesbian people.
6. The Amendment Bill floundered in Parliament, with no vote being taken. This was because the Government introduced a bill which it had no intention of supporting, creating unprecedented history in the Parliament.
Health/HIV
7. In November of 2004, the Minister of Health acknowledged that the sodomy laws in the Caribbean would have to be repealed to effectively deal with HIV/AIDS . His views were opposed by members of the Evangelical Christian Community, who also protested against the idea that the Ministry of Health would offer condoms to male prisoners. The Cabinet Secretary subsequently indicated that the Government had no intention of changing their position on the Sexual Orientation;

Dr Ramsammy said existing laws that make prostitution and homosexuality offences are not being enforced and if they are enforced, commercial sex workers and gays will go underground because of fear of discrimination.
"We know them, and we have stopped criminalising them. We aren't going to take them to court. But our legal books say it’s wrong," he said.
"It's better that you take the thing (laws) off the books than to have them and be hypocritical about it and do nothing about it (HIV). For me it's not a moral issue, the fact is that these things stigmatise people."
http://www.bbc.co.uk/caribbean/news/story/2004/11/041116_ramsammy-hiv.shtml

Dr. Luncheon refutes speculations that Government’s position conflicts with that of the Health Minister Dr. Leslie Ramsammy..

“This may seem to be so, but there is no conflict…there might have been arguments made in the public, maybe even suggestions about courses of interventions from the health perspective; but when it comes to the Government’s positions on sexual orientation, I can assure you that the Government’s position is the Government’s position,” he said.
(http://www.gina.gov.gy/archive/daily/b041208.html)

8. SASOD has asserted the following :-
* The right to equal protection of the law without any discrimination (Article 7) is denied by omitting sexual orientation from our constitution and anti-discrimination laws.
* The right to privacy (Article 10) is denied by the existence of ‘sodomy laws’ under s. 352 of the Criminal Law (Offences) Act Cap. 8: 01 which seek to criminalize sexual activity between consenting male adults.
* The right to work (Article 23) is the most affected among the economic rights as many lesbians, gays and bisexuals in Guyana are being fired or discriminated against in employment policies and practices because of their perceived sexual orientation and are too scared to raise these issues in the public domain for fear of further victimisation
* The right to a standard of living adequate for health and well-being including medical care and necessary social services (Article 25) is at conflict with discriminatory policies and practices, some physicians’ homophobia, the lack of adequate training for health care personnel regarding sexual orientation issues or the general assumption that patients are heterosexual.
* Some lesbian, gay and bisexual students in Guyana do not enjoy the right to education (Article 26) because of an unsafe climate created by peers and educators in schools.
9. SASOD has engaged in several public activities to promote awareness around the issues on gay and lesbian rights, while participating in different actions. SASOD has been successful in hosting several events such as a film festival, a leaflet distribution campaign, and some other forums. However, persons have been concerned about the publicity of these events since it is felt that people would be targeted for attending them.
Many gay and lesbian Guyanese hide their sexual orientation since the sodomy laws could be invoked. As a result, some people have accused for example SASOD members of making up stories since there is no evidence to back the stories. The environment of secrecy discourages full evidence led actions in some instances – for example in challenging employment related discrimination.
Combating homophobia in popular Culture.
10. In December, 2005, SASOD members wrote to the Ethnic Relations Commission, a public body mandated to,amongst other things ““encourage and create respect for religious, cultural and other forms of diversity in a plural society” (Article 212d(f), Constitution of Guyana) requesting sanctions against the musicians and their promoters who attacked gay and lesbian people in their lyrics. The Ethnic Relations Commission has so far not responded to this request and this is a serious indictment of the role of a State body.
Challenges
11. SASOD recognises that in Guyana and the English speaking Caribbean, the sodomy laws can be enforced selectively depending on the judicial system. SASOD recognises that other countries, including the United Kingdom have repealed the sodomy laws, and have also enforced stronger legislation to combat sexual assault perpetrated on male victims. The English Speaking Caribbean territories must also overcome the historical injustices which were imposed on people who are not heterosexual.
12. SASOD believes that the homophobic rhetoric emanating from fundamentalist religious bodies in North America and elsewhere will impact on the ability of local activists in the Caribbean to combat discriminatory practices.
13. SASOD notes that different Caribbean Governments, and Government officials have taken different stances on the rights of gay and lesbian peoples. SASOD believes that the Caribbean Governments which are signatory to International Conventions must rise above the pressure exerted in the name of religion to ensure that all citizens can be assured of their right to sexual orientation and gender identity.
September 2007
Society Against Sexual Orientation Discrimination – SASOD
www.geocities.com/sasod_guyana
email: sasod_guyana@yahoo.com

SASOD joins Citzens Elections Network to Monitor Elections

The twenty-two civic and religious organizations listed below have come together on the basis of a shared interest in seeing well-run national elections take place by the due date which the overwhelming majority of the population will perceive to be fair and free from fear. Key components in achieving this result are acceptable technical standards and a conducive and secure environment.


At a meeting held under the auspices of the Forum on Effectiveness & Solidarity (FES) at the Methodist Outreach Centre on Saturday March 18 2006, civic organizations agreed to involve our memberships in appropriate activities at local community levels related to elections.


Organisationally, a network rather than an organization, more accurately captures how we propose to function. In this respect the work will be driven by each organization according to interests and capacities with a Steering Committee rather than a Secretariat coordinating our efforts.



All independent civic and religious organisations and NGOs are invited to join the network. Until a website and e-mail address is established any such organisations should contact the network via ghra_guy@networksgy.com or at the telephone listed below.



Our activities will serve both to strengthen the electoral process and at the same time educate ourselves on the extent to which acceptable standards and a conducive environment are being set in place.



Both of these goals centre principally around provision and dissemination of reliable, impartial and comprehensive information in the preparatory and the polling day phases of election. Our intention is to disseminate reliable information gathered from members to provide civic organizations and the public in general with a sound basis for drawing their own conclusions and advising their members.



We do not seek to duplicate the work of others nor to work on behalf of other interests. In keeping with the above we propose monitoring two dimensions of electoral preparations: technical components which contribute to standards of ‘free and fair’ and a conducive environment free from fear.



The basis of technical monitoring will be the list of deliverables agreed upon in the Memorandum of Understanding signed by the Government of Guyana, GECOM and donors.

Monitoring the election environment is relatively new for Guyana. This would encompass such issues as the current security environment at community level; specific examples of security-induced restrictions on economic, social and religious activities, state of preparedness and security of designated polling places across the country; intensity of rumours which instill fear, etcetera. We will develop guidance for our memberships on this type of monitoring without exposing our members to risk.





Contact Information :Mike McCormack c/o Guyana Human Rights Centre, Tel: 226-1789



March 24 2006













List of Organisations Inaugurating the Network



Amerindian Peoples Association (APA)

Church Women United – Guyana

Church Women United – East Bank Demerara

Clerical & Commercial Workers Union (CCWU)

Community Based Rehab Programme – East Bank Demerara Unit

Gandhi Youth Organisation (GYO)

Georgetown Ministers Fellowship (GMF)

Guyana Bar Association (GBA)

Georgetown Chamber of Commerce Inc. (GCCI)

Guyana Citizens’ Initiative (GCI)

Guyana Council of Churches (GCC)

Guyana Human Rights Association (GHRA)

Guyana Trades Union Congress (GTUC)

Guyana Workers Union (GWU)

National Association of Agricultural Commercial & Industrial Employees (NAACIE)

Rights of Children (ROC)

Red Thread

SASOD

UG Hindu Society

Vilvoorden Women’s Group

YMCA - Albouystown

Youth in Development – Linden

Report on participation in 26th world conference of International Lesbian and Gay Association (ILGA)

Report to IGLHRC on results of participation in the 23rd ILGA Conference in Geneva, March 2006


Guyana and rights to sexual orientation and gender identity

Guyana's debate on the rights to sexual orientation started in 2001 after President Bharaj Jagdeo refused to assent to a vote by the Parliament which would have modified Article 149 of the Constitution of Guyana to eliminate discrimination on the grounds of sexual orientation. In 2003, this debate resumed as the final amendments to the Constitution were passed through the parliament. The strong opposition from the Evangelical Christian and parts of the Muslim community contributed to the amendment being lost. Guyana also criminalises sex between males in the Criminal Law Offences Act, s351,352,353.

SASOD is a group which formed in 2003, and a relationship for information and knowledge sharing was established with IGLHRC Latin American secretariat. IGLHRC extended an invitation to attend the ILGA world conference and arranged for facilitation of meetings with various officers from the Office of the UN High Commissioner for Human Rights.

This participant chose to attend those workshops which dealt with human rights mechanisms, even though all other workshops were equally informative and exciting.

Pre-conference on Religion and Sexual Orientation and Gender Identity
This workshop was valuable, since the opposition in Guyana is on the grounds of religious fundamental values. The track on Queer Islam was very informative. As a result of the contacts made here, SASOD intends to have messages from Imam Muhsin and Reverend Jide for activities around International Day Against Homophobia. We hope that we could increase the visibility of religious non-homophobic groups in Guyana and the Caribbean to balance the fundamental values which preach all kinds of intolerance.

Pre-conference on health issues, workplace discrimination

The information on lesbian and bisexual women's health will be made available to SASOD members and other interested people. The health of lesbian and bisexual movement is often subsumed under the health of MSM since the HIV funding available allows for discussions only on the health of MSM.
The discussion on same sex domestic violence is also valuable, since it will help to build the capacity of Guyanese organisations which work against domestic violence to intervene better.
The discussion on workplace affirmation was enlightening. The presentation from IBM was very informative, especially since options for employment is one of the main concerns of the LGBT population in Guyana and the Caribbean. These will be used as case studies to prevent workplace discrimination in Guyana.

Funding and International Co-operation
We are happy that in Guyana we have managed to keep our movement local, which was also to avoid the accusation of being 'western' or 'foreign influenced'. We have also been able to move at our own pace without pressure. The sessions on International Co-operation show how linkages, especially knowledge and information linkages, help to promote an issue, and also highlight failures within a country, without the need for urgent appeals or actions. The networking is also important so that internationally, local movements could motivate and support individuals and groups with even moral support, where there is none. Unfortunately, HIVOS does not work in Guyana, so we cannot benefit from their funding or programmes.

LGBT Rights at the UN and ECOSOC processes
This information is valuable, so as to understand the language to use to develop SASOD as an organisation. SASOD could apply for ECOSOC status, if only to highlight the presence of LGBT rights organisations. Other Caribbean Organisations are encouraged to do the same. The Cuban experience is interesting and hopefully more information would be made available. It is also good to know of the Inter American Human Rights system, and to keep in touch with how these mechanisms work for Guyana. There are some ideas to approach the Caribbean Court of Justice and the possibilities of linkages with people like Douglas Sanders could help this.

The workshop which was held with OMT also highlighted the opportunities for networking and information sharing, and the submission made to them through Marcelo Ferreya is in Annex 4 to this document.

Networking and knowledge connections
ILGA LAC members, though language barriers remain an issue, and the legal systems are different, but we still hope to continue some relationships
Inner Circle South Africa (Queer Islam) – to keep the discussion on progressive views on Islam to share with people in Guyana who are interested in Islam.

LaBRYS Kyrgistan - transsexual issues, for some information on how to do some training
Spartacus - to update the gay guide
CENESEX in Cuba which is working on the discussion on gay rights in Cuba
International Day against homophobia – to network on the IDAHOMO events and activities


Meetings attended

29 March
Assistant to Special Representative of the Secretary-General on the situation of human rights defenders
This meeting was very important since new information on dealing with the protection of human rights defenders. It was interesting to note how the Human Rights Officers understood how the sodomy laws could also impact on the human rights defenders. A submission, which is in Annex 1, was made.

30 March
Assistant to Special Rapporteur on Freedom of Expression
A submission was made to this special rapporteur and the sharing of information from Guyana about concerns about the abuse of freedom of expression in the homophobic dancehall music; and the fear that at any time the sodomy laws could be invoked to stop teh defense of human rights. A copy of this submission is in Annex 2 to this report.

31 March
Assistant to Special Rapporteur on Violence Against Women
The submissions to each one of these groups is in the Annex to this report. It was noted that the Caribbian misogny and homophobia are closely linked, and note was taken of the homophobic lyrics which called for the violence against lesbians, and the refusal/apathy of state parties to stop or ban these.

Conclusions
The discussions with colleagues in other parts of the world, who even though some of them operate independently, show that all efforts help to form the foundation of a global movement to remove discrimination on the grounds of sexual orientation and gender identity. There is diversity within the international rights movement, but it is clear from this conference that SASOD’s work will be important.

Activities for IDAHO 2006

SASOD joined with organisations in a number of countries around the world to commemorate International Day against Homophobia 2006.

On Monday 15 May, Stabroek News printed the press release which was issued to all media houses. None of the other newspapers issued the press release of activities.

On Tuesday 16 May, we screened the film Bent at Sidewalk Cafe. There were about 30 persons there for the screening. We wanted to make the point of the original Nazi persecution of homosexuals, linked to Archbishop Desmond Tutu's comparison of homophobia and apartheid. Some persons liked the film, others thought that it was too deep.

On Wednesday 17 May, SASOD and GUYBOW members participated in a live radio programme 'Let's Talk' from 10pm to 11:30pm. An important presentation was made by Ronnel Trotman who was arrested and fined for cross dressing and vagrancy. GuyBow members also noted that they witnessed the harassment by police/soldier patrols of persons perceived to be male sex workers. There were some key points in that crime ridden Guyana, the police priorities seemed misplaced. There were a couple of call ins to the programme - some which supported our views, while others opposed the views, one caller saying homophobia is a lot of hype and that gender confused people could change if they want to once they get the demons out.


Saturday May 20 - Interactive forum/exhibition at the National Library, Georgetown, Guyana from 10am to 3pm.
This exhibition was set up with GuyBow and SASOD at the National Library. The first participant who arrived, said he had heard the radio programme. He lives about 40 miles from Georgetown, and had left his home at 6am so he could be on time. Another older participant who also heard the radio programme came a little later.
Some of the persons who viewed the exhibition were students who were using the library.
We also aired the recordings prepared by Reverend Jide Macaulay from the Metropolitan Community Church in UK, and Imam Muhsin Hendricks from the Inner Circle in South Africa. We also read a statement from a Hindu worker of Guyanese origins who wanted to remain anonymous since he was still in touch with Guyana, the extract of Archbishop Desmond Tutu's foreword to the Amnesty Report on Homophobia, and the Dalai Lama's message to ILGA.

During the rights gaff, SASOD and GuyBOW agreed to do the following :-
1) to meet with the Guyana Police Force to discuss the harassment of cross dressers, and acknowledging that the HIV workers felt under threat by the police actions

2) To write to the Director of the National Blood Transfusion Service protesting the continued portrayal of HIV as a gay disease.. even going so far as to listing women who have sex with women as a higher risk than women who have sex with men
3.) To follow up on the application to the Ethnic Relations Commission on the homophobic lyrics.
4) to prepare and distribute flyers to people who are targetted by the police which would explain their rights, the powers of arrest and the remedies for complaints on improper police conduct

SASOD will also add the 'cross dressing' offence to the list of homophobic laws which need removing from the law books.

The evening activity at Oasis was well attended and enjoyed by those who stayed for the entire performance. There were recitations of Alan Moore's Mirror of Love and other poems; songs, and tango dances done by two men in the traditional Argentine fashion.


Funding for all activities was done from contributions from members and individuals. Special thanks to Sidewalk Cafe and Oasis Cafe for supporting these activities.