OAS approves second resolution on “Human Rights, Sexual Orientation and Gender Identity”

At its 39th General Assembly convened in San Pedro Sula , Honduras , from June 1 – 3, 2009 , the Organisation of American States (OAS) approved its second resolution on “Human Rights, Sexual Orientation and Gender Identity”.

This resolution is the result of the advocacy and coordination activities realized in the past three years by 24 Lesbian, Gay, Bisexual, Travesti, Transgender, Transsexual and Intersex (LGBTTTI) groups of 17 countries forming a Coalition of Latin America and the Caribbean, that meets every year before the General Assembly to coordinate its advocacy work within the OAS.

During the informal dialogue between the Secretary General of the OAS and the civil society on May 31, 2009 (photograph attached), in San Pedro Sula, José Miguel Insulza highlighted the need that the secretariat realizes a special report focusing in particular on hate crimes and the situation of human rights violations against individuals because of their sexual diversity.

The day after, in the context of the dialogue between the heads of delegations of member states and the civil society, Claudia Sosa Medina, Honduran transgender woman, read a statement (see below) as spokesperson of the coalition in which activists from Honduras, Chile, Argentina, Mexico, Colombia, Peru, Dominican Republic, Paraguay, Brazil, Ecuador, Suriname, Guyana, Nicaragua, Jamaica, Trinidad and Tobago, Grenada and Belize, requested to the ministers of foreign affairs of the OAS member countries to intervene against acts of violence against LGBTTTI persons in the Americas.

The Coalition expressed its concern for the lack of reference to the notion of gender identity and expression in paragraph 5 of the Declaration of San Pedro Sula, which makes reference to violence caused by discrimination: “Gender identity of travestis, transgenders and transsexuals is a fundamental element of our individual freedom and self-construction”.

The representative of the government of the United States reminded the General Assembly of the commitment of President Barack Obama in supporting laws for the development of policies that recognize the rights of LGBT people, highlighted the signature of her country to the UN declaration on sexual orientation and gender identity, and expressed their opposition to the so-called sodomy laws.

Brazil sponsored the draft resolution “Human Rights, Sexual Orientation and Gender Identity”, while Colombia underlined that the issue is particularly important for the government, and that the parliament has approved instruments to eliminate discriminatory acts against LGBT people. Finally Saint Kitts & Nevis expressed its opposition to any form of violence against any individual, regardless of the orientation of the human being.

On June 4, 2009 , during the fourth plenary session, the Annual Report of the Permanent Council (2008-2009), which contains the resolutions approved by the Permanent Council itself was presented. Among those, the resolution AG/RES. 2504 (XXXIX-O/09) “Human Rights, Sexual Orientation and Gender Identity” was approved. Its text (also below) not only ratifies what established last year by the resolution AG/RES.2435 (XXX VII I-O/08) also entitled “Human Rights, Sexual Orientation and Gender Identity”, but also makes reference to the Declaration on Sexual Orientation and Gender Identity presented at the UN General Assembly on December 18, 2008.

The new resolution, sponsored by Brazil, not only condemns acts of violence and human rights violations perpetrated against individuals because of their sexual orientation and gender identity, but also express its concern for violence against human rights defenders that work on these kinds of violations, calling on the states to ensure their protection and the Inter-American Commission on Human Rights and the Inter-American system to take action on the topic. Finally, the resolution reiterates its request to the Committee on Legal and Political Affairs to include the issue of “sexual orientation and gender identity” in its agenda during the next ordinary period of sessions.

As a Coalition, we celebrate the approval of this second resolution that we consider one of the tangible and historical results of our advocacy work started in 2006 by Global Rights, Mulabi - Espacio Latinoamericano de Sexualidades y Derechos and IGLHRC – LAC, by coordinating the creation of this coalition that initially focused its work on the advocacy for the inclusion of sexual orientation, gender identity and expression in the draft Inter-American Convention against Racism and all Forms of Discrimination and Intolerance.

We thank the OAS, UNDP, Astraea Lesbian Foundation for Justice, and Global Rights for their support which made our participation at this year’s General Assembly possible.

The participants of the Coalition of LGBTTTI Organizations of Latin America and the Caribbean within the OAS were:

AIREANA - Camila Zabala – Paraguay, Colectivo TTT San Pedro Sula- Claudia Sosa - Honduras, COLECTIVA MUJER y SALUD, Julie Betances – Dominican Republic, CORPORACIÓN PROMOCIÓN DE LA MUJER, Soledad Varela - Ecuador, CORPORACION OPCION, Diana Navarro - Colombia, ENTRE-TRANSITOS - Camilo Andrés Rojas - Colombia, GRENCHAP - Kimany Parke - Grenada, HUMANA NACION TRANS-Hazel Gloria Davenport - Mexico, IGL HRC - Marcelo Ferreyra – Argentina, INSTITUTO RUNA-Belissa Andia – Peru, ASOCIACIÓN LIDERES EN ACCION -Germán Rincón - Colombia, SURINAME MEN UNITED - Kenneth Van Endem - Suriname, MULABI, ESPACIO LATINOAMERICANO DE SEXUALIDADES Y DERECHOS- Marina Bernal- México- Colombia, ORGANIZACIÓN DE TRANSEXUALES POR LA DIGNIDAD DE LA DIVERSIDAD Andrés Rivera – Chile, RED AFRO LGBTI - Edmilson Medeiros BRAZIL, J-FLAG - Maurice Tomilson – Jamaica, RED LACTRANS - Marcela Romero- Argentina, RED TRANS Nicaragua - Silvia Martínez – Nicaragua, SOCIETY AGAINST SEXUAL ORIENTATION DIDSCRIMINATION- Namela Baynes Henry - Guyana, UNIBAM - Devon Gabourel - Belize, VELVET UNDERGROUND Angela Francis - Trinidad and Tobago.

As a Coalition partner: Stefano Fabeni-Global Rights

Photograph Caption: OAS Secretary General, Jose Miguel Insulza (third from left), SASOD Co-Chair, Namela Baynes-Henry (second from right) and other Coalition members at the informal dialogue with representatives of civil society on May 31, 2009 , in San Pedra Sula, Honduras.

RESOLUTION

AG/RES. 2504 (XXXIX-O/09)

HUMAN RIGHTS, SEXUAL ORIENTATION, AND GENDER IDENTITY

(Adopted at the fourth plenary session, held on June 4, 2009)

THE GENERAL ASSEMBLY,

BEARING IN MIND resolution AG/RES. 2435 (XXXVIII-O/08), entitled “Human rights, sexual orientation, and gender identity”;

REAFFIRMING:

That the Universal Declaration of Human Rights affirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in that Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status; and

That the American Declaration of the Rights and Duties of Man establishes that every human being has the right to life, liberty, and the security of the person;

CONSIDERING that the Charter of the Organization of American States (OAS) proclaims that the historic mission of America is to offer to man a land of liberty and a favorable environment for the development of his personality and the realization of his just aspirations;

REAFFIRMING the principles of universality, indivisibility, and interdependence of human rights;

TAKING NOTE of the Declaration on Sexual Orientation and Gender Identity presented to the United Nations General Assembly on December 18, 2008; and

NOTING WITH CONCERN acts of violence and related human rights violations perpetrated against individuals because of their sexual orientation and gender identity,

RESOLVES:

1. To condemn acts of violence and related human rights violations committed against individuals because of their sexual orientation and gender identity.

2. To urge states to ensure that acts of violence and human rights violations committed against individuals because of sexual orientation and gender identity are investigated and their perpetrators brought to justice.

3. To urge states to ensure adequate protection for human rights defenders who work on the issue of acts of violence and human rights violations committed against individuals because of sexual orientation and gender identity.

4. To request the Inter-American Commission on Human Rights and the other organs of the inter-American system to continue to pay sufficient attention to this issue.

5. To reiterate its request for the Committee on Juridical and Political Affairs (CAJP) to include on its agenda, before the fortieth regular session of the General Assembly, the topic of “Human rights, sexual orientation, and gender identity.”

6. To request the Permanent Council to report to the General Assembly at its fortieth regular session on the implementation of this resolution, the execution of which shall be subject to the availability of financial resources in the program-budget of the Organization and other resources.

SAN PEDRO SULA DECLARATION OF THE COALITION OF LESBIANS, GAYS, BISEXUALS, TRAVESTI, TRANSSEXUALS, TRANSGENDERS AND INTERSEX OF THE AMERICAS.

Mister Secretary General, Ministers, Members of the Official Delegations, Civil Society Representatives,

We, the Lesbian, Gay, Bisexual, Travesti, Transsexual, Transgender and Intersex organizations, convened in San Pedro Sula, Honduras on May 29, 30 and 31, 2009, in accordance with the directives established by the General Assembly of the OAS in its resolutions AG/RES.2092( XXXV-O/05) ; CP/RES.759(1217/ 99); 840(1361/03) ; AG/RES.1707( XXX-O/00) and AG/RES.1915( XXXIII-O/ 03), which determine a regulatory framework to enhance and strengthen civil society participation in OAS activities and in the Summit of the Americas process, highlighting the importance of the resolution AG/RES. 2435 (XXXVIII-O/08) , express our concern for the omission of the concept of gender identity and expression from paragraph 5 of the draft declaration of San Pedro Sula, which makes reference to violence generated by discrimination. Gender identity and expression of travestis, transgenders and transsexuals are fundamental elements of the exercise of our cultural freedom and self-construction.

In the American hemisphere the atrocities committed have been documented over a decade. Several reports mostly drafted by non governmental organizations highlight the existence of countless extrajudicial executions, arbitrary detentions, tortures and killings as a consequence of the so-called “social cleansing” campaigns or by extermination groups, such as in Mexico, Brazil, Colombia, El Salvador.

However, it should be noted that these identified forms of discriminatory acts and violence are the most evident and extreme kinds of rights violations, those which essentially affect the rights to life and personal integrity.

These are not only limited to physical attacks, police mistreatment, abuse by authorities and hate crimes. Within families and the community, practices of private violence, like forced marriages, submission to stereotypes and gender roles that limit the free development of the personality and sexuality, forced segregation and torture in “rehabilitation” clinics, that often end with suicide. Violence within the judicial system, manifested by the legal process for sex and name change, implies humiliating clinical exams, forced surgery and mutilation.

Being Afro-descendant, woman, indigenous, youth, migrant, elderly, or living with disability, among other reasons for marginalization, are factors that aggravate violence against individuals because of their sexual orientation and gender identity and expression.

We believe it is fundamental that discrimination is combated with appropriate and effective legal instruments that moreover promote a culture of non violence.

In this context we should draw attention to the situation in the eight English-speaking Caribbean countries that still keep in force the so-called “sodomy laws” which are used by the state, security forces and private actors to harass, intimidate and persecute us. These laws which have been consistently classified as human rights violations, create a climate of violence which has been identified by the Inter-American Commission on Human Rights during their recent visit to Jamaica.

The countless cases of killings, tortures, sexual violence, arbitrary detentions, public humiliations to which travesti, trangender, transsexual, lesbianas, gay, bisexuals and intersex people, as well as sex workers, are daily subjected in Central America and the Caribbean, and particularly in Honduras, perpetuate a context of hate and impunity with complete indifference by the state.

For these reasons, we demand that States, and particularly the government of Honduras, to develop transparent and serious investigations that should take place with full respect for the law, as well as to severely punish those actors that commit felonies covered by impunity and moral values that feed and justify hate and prejudices.

Therefore, we demand:

That the OAS includes gender identity in its program on the right to identity in order to give States the possibility to develop the necessary legal framework to eliminate social exclusion through the legal recognition of trans persons.

That member states of the English-speaking Caribbean repeal laws that criminalize sexual intercourse between consenting adults of the same sex and all other laws that limit the free development of personality or incite to social violence.

That Member states commit to defining national comprehensive policies aimed at implementing good practices in all social, educational and professional contexts and the creation of bodies that monitor the existing situation on human rights violations.

That the General Assembly approves the draft Resolution AG/doc. 4962/09 “Human Rights, Sexual Orientation and Gender Identity” presented by the Brazilian Delegation, whose initiative we fully endorse.

That the General Assembly approves the draft Resolution AG/doc. 4959/09 “Draft Inter-American Convention against Racism and all Forms of Discrimination and Intolerance” and that Member States commit themselves to finalize the negotiation of the draft accepting the substantive progress achieved during the past years.

Given this situation of war against our desire, our bodies and our identities, we advocate for a culture of peace.

AIREANA - Camila Zabala – Paraguay, C TTT- Claudia Sosa - Honduras, COLECTIVA MUJER y SALUD, Julie Betances – República Dominicana, COMUNICACIÓN MUJER, Soledad Varela - Ecuador, CORPORACION OPCION, Diana Navarro - Colombia, ENTRE-TRANSITOS - Camilo Andrés Rojas - Colombia, GREEN CHOP - Kimany Parke - Grenada, HUMANA NACION TRANS-Hazel Gloria Davenport - México, IGLHRC-LAC - Marcelo Ferreyra – Argentina, INSTITUTO RUNA-Belissa Andia – Perú, LIDERES EN ACCION-Germán Rincón - Colombia, MEN UNITED - Keneth Van Emdem - Suriname, MULABI, ESPACIO LATINOAMERICANO EN SEXUALIDADES Y DERECHOS, Marina Bernal, México-Colombia, ORGANIZACIÓN DE TRANSEXUALES POR LA DIGNIDAD Andrés Rivera –Chile, RED AFRO LGBTI - Edmilson Medeiros BRASIL, RED J-FLAG - Maurice Tomilson – Jamaica, RED LACTRANS - Marcela Romero- Argentina, RED TRANS Nicaragua - Silvia Martínez – Nicaragua, SASOD- Namela Baynes Henry - Guyana,UNIBAM - Devon Gabourel - Belize, VELVET UNDERGROUND Angela Francis - Trinidad and Tobago.

As a Coalition partner: Stefano Fabeni-Global Rights

Guyana: Reject Transphobia; Respect Gender Identity

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

Trans people is an umbrella term for people whose gender identity and/or expression differs from the sex they were assigned at birth, including cross-dressers, female or male impersonators, pre-operative, post-operative or non-operative transsexuals. Trans people may define themselves as female-to-male (FTM, assigned a female biological sex at birth but who have a predominantly male gender identity) or male-to-female (MTF, assigned a male biological sex at birth but who have a predominantly female gender identity); others consider themselves as falling outside binary concepts of gender or sex. Trans people may or may not choose to alter their bodies hormonally and/or surgically: the term is not limited to those who have the resources for gender reassignment through surgery. Gender identity is different from sexual orientation. Trans people may be heterosexual, lesbian, gay or bisexual.

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

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

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

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

Check Stabroek News and Kaieteur News for related articles

Stop Dress Code Arrests; Repeal Discriminatory Laws

For Immediate Release

Guyana: Stop Dress Code Arrests
Repeal Discriminatory Laws

(Georgetown, March 5, 2009) – Guyana should halt arrests and police abuse of transgender people and repeal a repressive law that criminalizes wearing clothes considered appropriate only for the opposite sex, six human rights organizations said today in a letter to President Bharrat Jagdeo.

The letter was signed by the Caribbean Forum for Liberation of Genders and Sexualities (CARIFLAGS), Global Rights, Guyana Rainbow Foundation (Guybow), Human Rights Watch, International Gay and Lesbian Human Rights Commission (IGLHRC), and the Society Against Sexual Orientation Discrimination (SASOD). They called on the Guyanese authorities to drop the charges against seven people arrested under the law in February, 2009, and investigate allegations of abuse by the police.

“Police are using archaic laws to violate basic freedoms,” said Scott Long director of the Lesbian, Gay, Bisexual, and Transgender Rights Program at Human Rights Watch. “This is a campaign meant to drive people off the streets simply because they dress or act in ways that transgress gender norms.”

Between February 6 and 10, police in the Guyanese capital, Georgetown, detained at least eight people, some of them twice, charging seven of them under section 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act Chapter 8:02. This criminalizes as a minor offense the “wearing of female attire by man; wearing of male attire by women.”

Officers took the detainees to Brickdam police station. The detainees reported to SASOD Guyana, a local human rights organization working for the freedoms of lesbian, gay, bisexual, and transgender people, that police refused to allow them to make a phone call or contact a lawyer, both basic rights under Guyanese law.

The detainees reported that police officers photographed them and then told them to take off all of their “female clothes” in front of several police officers. One defendant told rights organizations that after the detainees stripped, the police told them to bend down to “search” them, as a way to mock them for their sexual orientation. They were then ordered to put on “men’s clothing.”

Police kept five of the men in solitary confinement until the day of the trial, contending that it was for their safety.

The first arrests took place on February 6, when plainclothes policemen detained three men in downtown Georgetown, near Stabroek Market. On February 7, the police detained five more. In both occasions acting Chief Magistrate Melissa Robertson fined the detainees GY$7,500 (US$36) each. On February 10, the police detained four people; three of whom had been among those arrested on February 6 and 7.

In court, when handing down the sentence, Chief Magistrate Robertson told the detainees they were not women but men and exhorted them to “go to church and give their lives to Christ.”

“The enforcement of laws repressing individuals’ self-expression is against basic provisions of human rights,” said Stefano Fabeni, program director of the LGBTI Initiative at Global Rights. “Police treatment during arrest and detention of the eight men shows serious breaches of Guyana’s international human rights obligations.”

The Summary Jurisdiction (Offenses) Act provides for adjudication of these cases without a jury. The act dates from colonial times. Other offenses under the same provision include: “exposing for sale cattle in improper part of town (iv); beating [a] mat in [a] public way in town (vii); cleansing cask, etc. in public way (xl); driving cattle without proper assistance (xv), etc.”

Police use the law to target people born male who wear what police regard as female clothing. This violates the individual’s privacy, freedom of expression, and personal dignity.
“It is outrageous in this day and age that human beings get arrested for cross-gender expression,” said Vicky Sawyer, transgender representative for CARIFLAGS. “Transgender issues should be dealt with using international human rights standards, not police abuse.”

As a party to the International Covenant on Civil and Political Rights (ICCPR), Guyana has agreed to respect the absolute prohibition against torture, cruel, inhuman or degrading treatment or punishment set out in the treaty (Article 7). Article 14 of the same treaty affirms the right to counsel. The treaty also bars interference with the right to privacy (Article 17) and protects freedom of expression (Article 19). Guyana has the obligation to respect and ensure these rights, and to do so in a nondiscriminatory manner, as set forth in Article 2.

Guyana has several laws that criminalize relationships between people of the same sex. Section 351 of the Criminal Law (Offenses) Act punishes committing acts of “gross indecency” with a male person with a two-year prison sentence. Section 352 criminalizes any “attempt to commit unnatural offenses.” This includes a 10-year prison sentence for any “male [that] indecently assaults any other male person.” Finally Section 353 states that “Everyone who commits buggery, either with a human being or with any other living creature, shall be guilty of felony and be liable to imprisonment for life.”

To read the letter from the six organizations to President Bharrat Jagdeo, please visit:http://www.hrw.org/en/news/2009/03/05/letter-president-republic-guyana

For more information, please contact:
In Georgetown, for Guybow, Colleen McEwan (English): +592-225-2425; or +592-642-9766
In Georgetown, for SASOD, Namela Baynes-Henry (English): +592-600-4010
In New York, for Human Rights Watch, Juliana Cano Nieto (English, Spanish) +1-212-216-1233; or +1-646-407-0020 (mobile)

SASOD Statement: Rights Group Urges Government to Repeal Colonial-Era Laws

Guyana has become an international laughingstock for the recent conviction and fine by our Acting Chief Magistrate on February 9^th of seven Guyanese citizens for what is commonly called ‘cross-dressing.’ Within Guyana the arrests and charges on February 6th have left reasonable-minded citizens in shock and dismay. The charges were laid under section 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act Chapter 8:02 which makes an offence of “being a man, in any public way or public place, for any improper purpose, appears in female attire, or being a woman, in any public way or public place, for any improper purpose, appears in male attire… ” What is more ironic is that the men pleaded that they were so dressed to attend a well-advertised entertainment event that made fun of cross-dressing.

Such archaic, colonial-era laws, which have no victims other than those who are convicted of them, remain on Guyana’s 21st Century law books, along with others, such as section 153 (1) (xi) of the said Act which renders it illegal to, “in any public way or public place in any town, beats or shakes any mat between six o’clock in the morning or six o’clock in the afternoon” and section 169 which deals with “dancing in town after midnight.” It is past time for our Government to rid the law books of such outdated, victimless offences. Keeping on the books statutes that find illegality in practices where no reasonable or right-thinking person would find any undermines the very rule of law itself and public respect for its authority. Although the colonial era ended when Guyana gained its independence, the ghosts of its past still live on to haunt the most vulnerable and marginalised groups in our society today.

A graver danger of these laws, however, is revealed in what transpired in this case before Acting Chief Magistrate Melissa Robertson-Ogle. It is no accident that when on occasion they are arbitrarily invoked these archaic laws disproportionately affect the poor and the powerless. Take, for example, the common trend of ‘cross-dressing’ in local stage plays to ridicule homosexuals. Why are these performances not subject to the application of the law? Is it because those interests have more socio-economic power than the working class? By leaving magistrates wide discretion to decide when cross-dressing is for “an improper purpose”, the law leaves itself open to abuse based on personal and religious prejudices.

The February 6th incident therefore rises to the level of a major human rights concern. Legal regulations which penalize ‘cross-dressing’ effectively criminalize persons whose ways of expressing themselves, in their manner of dressing, goes against certain stereotypical expectations for gender roles. In this regard, dressing, as a form of gender expression, is a question of freedom of expression. Laws against ‘cross-dressing’ therefore violate the right to freedom of expression, as all persons have the right to express their gender freely through the way in which they dress. These insidious provisions should therefore be urgently expunged from the law books given their contravention of basic, democratic freedoms.

Yet another troubling dimension are the comments attributed to Acting Chief Magistrate Melissa Robertson-Ogle as more than one media house reports her as telling the seven men, who are reported as “gay,” that they were “confused” about their sexuality and gender, it was a “curse on the family” and suggesting they “go to church and give their lives to Christ.” This should concern every Guyanese. In a multi-cultural, multi-religious society such as Guyana, all should be entitled to the freedom of religion, which is generally recognized to also include the freedom not to follow any religion. In a democratic society, there should be separation of church and state, and judicial officers in the execution of their duties should exercise impartiality in rendering decisions and professionalism when providing guidance to citizens. The Acting Chief Magistrate’s comments imply otherwise, strike as highly inappropriate and raise questions, which other local rights groups have recently highlighted, about the appropriate role of religion in state institutions, and fair treatment under the law.

SASOD therefore calls on the Government to swiftly remove these insidious, colonial statutes from the law books, honouring Guyana’s independence as a democratic nation.

Violence against sex workers must also be confronted in Guyana

"Soon as the sex was over, this man started slapping and cuffing me up and he empty my purse and take away all my money, not just what he pay me,” recounted a female sex worker based in New Amsterdam, who had been assaulted and robbed by a client, to an advocate at United Bricklayers, a local AIDS-prevention, community-based organization, less than two months ago. “Now how could I go to the police and make a report when sex work is not legal,” she added.


Sex workers in Guyana , and other parts of the world, face disproportionate levels of violence which is often unreported. The assault, battery, rape and even murder of sex workers, which is all too common in the industry, goes unnoticed because of the existing legal framework around the profession which prevents sex workers from reporting violence. The stigma and discrimination perpetuated by sex-work related offences has made violence against sex workers acceptable.


Last month, sex workers from across Guyana came together for a national consultation and decided to join their peers around the world to stand against violence committed against sex workers as the 6th annual International Day to End Violence Against Sex Workers is observed on December 17, 2008 . First commemorated in 2003, the International Day to End Violence Against Sex Workers is the brainchild of Dr. Annie Sprinkle, a former sex worker herself who left the industry after two decades and later went on to earn a PhD in Human Sexuality. Dr. Sprinkle was moved when “Green River Killer” Gary Ridgeway confessed to having strangled 90 female sex workers to death and having “sex” with their dead bodies in Seattle, Washington. Originally conceived as a memorial and vigil for the forgotten victims, International Day to End Violence Against Sex Workers has evolved into an annual international advocacy day to protest human rights abuses against sex workers, demand an end to all violence and the right to work safely.


With the genesis of the Sex Work Coalition – Guyana (SWCG) as one of the outcomes of the November consultation, this is the first time December 17 is being observed in Guyana. SWCG brings together female, male and trans- sex workers, their advocates, human rights defenders and organizations which work with these stigmatised groups in Guyana. It is supported by four local organizations – One Love, United Bricklayers, Guyana Rainbow Foundation and Society Against Sexual Orientation Discrimination – working in partnership with two regional coalitions, the Caribbean Sex Work Coalition and the Caribbean Vulnerable Communities Coalition.

SASOD Statement : International Human Rights Day 2008

December 10, is observed as International Human Rights Day 2008. This year’s commemoration is an important milestone as it marks the 60th anniversary of the Universal Declaration of Human Rights (UDHR), under the theme “Dignity and justice for all of us.” On this historic occasion, States from every region of the world will join together to deliver a statement next week recognizing human rights violations based on sexual orientation and gender identity at the United Nations General Assembly. The statement deals with human rights abuses, directed against people because of their sexual orientation or gender identity, including violence, criminal sanctions, torture, threats against human rights defenders and discrimination in accessing economic, social and cultural rights, including the right to health. This joint statement will affirm that human rights truly are the birthright of all human beings, regardless of their sexual orientation or gender identity.


Over the past year alone, the region has made significant strides in advancing the Inter-American human rights system to respond to violations based on sexual orientation and gender identity. On June 3, 2008, the General Assembly of the Organisation of American States adopted Resolution AG/RES. 2435 (XXXVIII-O/08) on “Human Rights, Sexual Orientation, and Gender Identity” with the consensus of member states. On October 24, 2008, the Inter-American Commission for Human Rights (IACHR) held a thematic hearing on “Discrimination based on Gender, Race and Sexual Orientation in the Americas” - for the first time in its history - in its 133rd Period of Sessions where SASOD Co-Chairperson, Joel Simpson, presented on the impact of laws criminalizing same-sex intimacy between consenting adults in private intersecting with socio-economic and cultural conditions in the context of the English-speaking Caribbean. Just last week, December 1 – 5, 2008, IACHR visited Jamaica to observe the human rights situation in the country, at the invitation of the government, and included focus on persons suffering discrimination on the basis of sexual orientation, strongly condemning homophobia in its preliminary observations.


These progressive developments at the regional level have taken place against a backdrop of human rights violations escalating in our own country: the state is accused of torture; sexual and gender-based violence have reached pandemic proportions; while wanton violence, triggered in part by socio-economic disadvantage, threatens every citizen’s security; among other abuses. Even in a local context of such widespread violence, we, as a nation, still have not learnt that until all of us are protected, none of us are. How can we expect our youth not to nurture violence in a system that retains corporal punishment under the Education Act as a form of ‘disciplining’ children? When will we liberate our country from that destructive ethos of our colonial past?


The situation of human rights related to sexual orientation and gender identity at home is no better either. Over the last two weeks alone, there has been an unprecedented spate, perhaps, of murders targeting persons thought to be of a different sexual orientation, whether real or perceived, in circumstances which suggest that homophobia maybe the primary motive. What is even more troubling is that vital information, which could bring the perpetrators to justice, is not reaching the police because of lack of confidence and fear that some law-enforcement officers may hold similar anti-gay prejudices which may be at the root of the recent killings. A lot more gender-sensitivity work with the police needs to be done to inspire confidence among stigmatized groups, victims of violence and the general public.


Even amidst public outcries, violence continues to escalate in our society and we, as a country, must ask ourselves why. Our analysis should lead us to examine whether there are cultural factors which endorse violence and, undeniably, we will find aspects of our popular culture which glorify violence. While the government has taken a stand, although after the fact, by banning ‘Bounty Killa’ and ‘Movado’ because of their pro-violent lyrics, and should be commended, is enough really being done to prevent and curb the proliferation of such dangerous lyrics in our society? One need only live in the country to know that these insidious lyrics denigrate public spaces and airwaves: from transportation to bus parks; from live shows to other entertainment events; in restaurants, pubs, bars, clubs and on television. We must also question whether it is sufficient to simply block out words in a context where the intended meaning is obvious, as seems to be the practice in sections of the broadcast media.


The state of our society today implores us to urgently reflect on these issues as we take stock, 60 years after the signing of the UDHR. Government, state managers and policy makers alike, must confront these challenges if we, as a country, are to live up to the aspiration on which this universal value system is premised. Article 1 of the UDHR says it best: “All human beings are born free and equal in dignity and rights…”

World AIDS Day 2008

Guyanese AIDS-service and human-rights organisations join with our regional partners in the Caribbean Vulnerable Communities Coalition to commend leaders of marginalized groups. These groups carry a disproportionate burden of the AIDS epidemic and yet they are often not given adequate attention in national AIDS programmes. As World AIDS Day 2008 is observed under the theme of “Leadership,” we recognize the invaluable contributions of our ‘everyday leaders’ from across the Caribbean who represent and serve these vulnerable populations, even in the face of stigma and discrimination. We salute them for their vigour and valour as they work tirelessly to protect the human rights of those infected and affected by HIV. They are true promise keepers to stop AIDS in Guyana , the rest of the Caribbean and the world.

Local Co-Sponsoring Organisations:

Guyana Sex Work Coalition (GSWC)

Juncata Juvant Friendly Society (JJFS)

Guyana Rainbow Foundation (Guybow)

Society Against Sexual Orientation Discrimination (SASOD)

The Network of Guyanese Living with and Affected by HIV and AIDS (G+)

World AIDS Day Celebration of Community Leadership
“Lead – Deliver – Empower”
IN keeping with the World AIDS Day theme of “Leadership,” we are celebrating the
leadership by members of vulnerable communities who are part of the Caribbean
Vulnerable Communities Coalition (CVC) family. Mindful that it is ideal that leadership
comes from the groups we work with, in our context this is not easy and means the leaders
risk stigma and discrimination by taking a stand for their community. This World AIDS Day
we are therefore commending their bravery and commitment to a world without AIDS and a
Caribbean where social justice is a reality.

Elias Ramos – Leadership for Youth
Addressing their vulnerability is not easy for young people, but especially for young people
from marginalised groups. In the Dominican Republic, 24-year old Elias Ramos is a leader of
a new youth strategy by and for young people. “Jovenes de la Vida Real” (in English,
YurWorld or Youth in the Real World) is a project by COIN in the Dominican Republic that
targets marginalized youth to increase their resilience to HIV.

Elias explains how the young people at YurWorld are finding solutions:
Marginalized youth are a vulnerable population with complex needs. In light of this,

sustainable prevention and treatment of HIV and AIDS amongst marginalized youth
requires empowering them to act and bring about change in their own terms at the
individual as well as the collective level.

He believes that an effective response takes more than disease specific interventions and
includes broader development strategies. This approach is championed by YurWorld which
encourages change through employment and cultural values, ownership of assets, and
political and civil opportunities that empower marginalized youth.

Ionie Whorms – Leadership for Drug Users
It is an early morning and the film crew is setting up their equipment in the neighbourhood
of Fletcher’s Land, Kingston, Jamaica. Residents come out to hail and support a woman who
has become their heroine doing yet another television interview. She has become Jamaica’s
leading advocate for crack cocaine users, herself in recovery for the past 15 years. This time
she is on set for the filming of Complex Problems, Simple Solutions, the documentary on
access to HIV treatment for women and men who are homeless substance users. Complex
Problems, Simple Solutions, a collaboration between CVC and the Caribbean Treatment
Action Group produced by the Caribbean Institute of Media and Communication (CARIMAC),

is also released as part of the broadcast media package for World AIDS Week, distributed
throughout the region by the Caribbean Broadcast Media Partnership. This is yet another
one of her avenues for advocating for the rights of this vulnerable community.
She is Ionie Whorms, whose work is built on the conviction that she would not want anyone
else to go through what she went through when she was on crack cocaine.
“It really bothers me to see lives been wasted away in this manner” she confesses
“and so I must do anything possible to stop it.”
That “anything” about which she speaks ranges from taking a meal to those who are
homeless to transporting others to health centres, being part of a civil society response to
substance use and advocating for policy change. She considers these to be simple solutions
to complex things.

Nigel Mathlin – Leadership for Gay Men
Men who have sex with men in the Caribbean region are said to be invisible and hard to
reach for HIV interventions. Nigel Mathlin has engaged the response to HIV in a manner that
proves that does not have to be the case.
He is engaged in arranging activities for the gay, lesbian and bisexual population in his home
county of Grenada through GrenCHAP, the local AIDS-prevention community-based
organisation of which he is a co-founder. But his work has not stopped at home. He is also
integrally involved in the sub-regional and regional movements through the OECS-based
Caribbean HIV/AIDS Partnership (CHAPS) and CVC respectively. No longer can it be said that
leaders for this community cannot be found neither can it be said that this population is not
taking its own action.

Miriam Edwards – Leadership for Sex Workers
“This is our profession, we must stand up and protect our rights” boomed the
confident voice from across the room to the applause of the thirty other male and
female sex workers gathered for a national consultation of sex workers in
Georgetown, Guyana.
The speaker is Miriam, sex worker organiser and a leader in the Caribbean sex work
community.
After seeing many persons die from HIV infection and nursing her own sister on her death
bed, Miriam is intent that HIV awareness among sex workers must be heightened in the
region. That led her to found a local Guyana organisation called “One Love” and later to co-
found the regionally-based Caribbean Sex Work Coalition and then Guyana’s national
organisation of sex workers, Guyana Sex Work Coalition. At any given time Miriam can be
seen in training session for sex workers, distributing condoms and safer sex material, visiting
those living with HIV in the hospitals or their homes and advocating at the national, regional
and international levels for the rights of sex workers and other marginalised groups in the Caribbean.

Donna Snagg – Leadership for Involuntary Remigrants
Throughout the Caribbean there is a profound misconception of members of our societies
who have experienced deportation, to the point of them now being labelled and
depersonalised as “deportees.” This label overshadows who these persons really are and
their potential to contribute to society. Often lost in a system that is unaccommodating and
hostile, the associations with the label “deportee” in many respects deflects attention from
the violations of their basic human rights that are commonplace.
Human rights activist and stalwart Mrs. Donna Snagg had the experience of being deported
from the USA approximately ten years ago but has used that encounter to mobilize other
persons with similar experiences in her home country of Guyana. So important are these
issues to her that she founded the Juncata Juvant Friendly Society, an NGO that caters for
the needs of involuntary remigrants. The organisation’s focus is also to assist this population
to reintegrate into Guyanese society and empowering them to be self sufficient. Added to
that, Donna and the other members of Juncata Juvant recognize the challenges this group of
persons encounter and their vulnerability to HIV. This inspires their activities and the
conviction that with the right support they can overcome these hurdles with dignity and
respect.

Nicholas Morgan – Leadership for Vulnerable Children
For Nicholas Morgan the maxim “we are all living in a world with HIV” has a new and
different meaning. From as young as 11 years old he accompanied his mother on her
volunteer efforts with a Jamaican AIDS organisation. What he saw then was so deeply
imprinted on his young mind that he immediately busied himself with providing support to
orphans and other children living with HIV.
Defying the age barrier, his early efforts were centred on baby-sitting children living with the
virus. He helped them with their homework and with such ordinary tasks as learning to ride
a bicycle, playing computer games and just general things that children like to do. It is those
“ordinary” tasks that gave way to extraordinary ones such as becoming one of the Panos
Caribbean youth journalists and being editor of their newsletter called “Our Own Voices.”
His voice is stamped on their public service announcements for radio and he is also one of
the mentors to other children in the programme. All this is in determined fulfilment of his
desire to make lives better for orphans and other children made vulnerable by HIV. To
Nicholas, we are all equal, we are all affected. He believes firmly that:
it is up to those who have the power, the influence to make a difference in the lives
of young people, to help not only those who are infected or affected but to those
who we can help to remain aware and to make informed decisions.

PRESS RELEASE: FAIR TREATMENT WITHOUT FEAR

(Members of the head table seated left to right: Ms. Patricia Figueroa (Puerto Rico), Mr. Mark Ross (Guyana),
Mr. Caleb Orozco (Belize), Ms. Rosaura Lopez (Puerto Rico) and Ms. Chrystol Albert (Guyana). )

The Caribbean Treatment Action Group (CTAG) declares the first Annual Access to Treatment Day (October 15, 2008) with launches in five Caribbean countries – Belize, Guyana, Jamaica, Curaçao and St. Lucia. In observing this day, CTAG, in association with the Caribbean Vulnerable Communities Coalition (CVC), and numerous local partners, brings attention to HIV-positive groups who face unique challenges in gaining access to treatment; particularly, women who are homeless and substance users.

The Caribbean currently has the second highest rates of HIV infection in the world; developing and executing a comprehensive response to HIV and AIDS is therefore essential. An important part of this response is providing access to treatment – for all who need it – based on stigma free care and support.

HIV antiretroviral medication is free or available at minimal cost in most Caribbean countries. Nonetheless, substance users and the homeless face unique challenges that limit their access to treatment: discrimination at points of service and the absence of basics like food, transportation and shelter. These groups, though often stigmatized, interact with the wider population, and as a result their access to healthcare affects the health of society as a whole.

A recent study by the Caribbean Drug and Alcohol Research Institute (CDARI) on the behaviours of homeless drug users in three Caribbean countries indicates that:

• The rates of HIV infection in this group is substantially higher than the general population
• They are less likely to take HIV tests or to seek treatment because of service barriers
• 75 % of females sampled engage in transactional sex or exchange sex for drugs
• Only 11% of females report using condoms consistently

Creative local initiatives in several Caribbean islands prove that substance users and the homeless can be successfully brought into treatment. Directly observed therapy and street-based outreach programmes in St. Lucia, Jamaica and Trinidad that bring medication, essential services and information directly to the target groups have improved their health outcomes and their chances of recovery.

CTAG is clear that effective HIV programming must have at least two distinct but related components:

First, a recognition of the fundamental human rights of these populations and a commitment to respect for their dignity.

Second, a commitment to incorporating the needs of these populations into programme planning – both to improve their rates of enrolment in and adherence to treatment and to ensure the success and sustainability of the wider prevention, care, treatment and support initiatives.

CTAG, in collaboration with CVC, will release two short documentaries that explore these challenges and potential solutions: one tailored specifically to policy-makers and the other for the general public. For more information, visit www.cvccoalition.org.

What is The Caribbean Treatment Action Group (CTAG)?

The Caribbean Treatment Action Group (CTAG) is a group of Caribbean treatment access activists from around the region who are living with HIV and their supporters. It is a broad coalition comprised of people working in and for the community in their own countries and with strong expertise in HIV/AIDS treatment and related issues. CTAG’s programme consists of two main strategies. One is advocacy for access to HIV and AIDS-related care, treatment and support for all who need it in the Caribbean. The second is an annual small-grants programme that provides community groups with funds through a peer review process. CTAG was formed at a meeting in St Lucia in October 2004, where over 200 participants met to discuss the issues of access to treatment and support in the Caribbean and elect the very first CTAG committee. CTAG has provided grants to more than 25 organizations within 11 countries in the Caribbean.

CTAG is the Caribbean arm of the International Treatment Preparedness Coalition (ITPC), which is a worldwide coalition of people living with HIV/AIDS and their advocates. Established in March 2003, the ITPC advocates for universal and free access to treatment for AIDS for all HIV+ people and greater input from HIV+ people in decisions that affect their lives. We work to achieve these goals at the local, regional and international level. As a community voice, it combines the knowledge of the grassroots with technical expertise, and has been successful in communicating the concerns of people living with HIV/AIDS who need treatment to governments, United Nations agencies, the large pharmaceutical manufacturers among other public and private bodies that influence the progress of the establishment, scale-up and sustainability of HIV/AIDS treatment programs.

What is the Caribbean Vulnerable Communities Coalition (CVC)?

CVC is a coalition of organisations and individuals working in rights-based HIV prevention, care, treatment and support in the Creole, Dutch, English, French and Spanish speaking Caribbean, from Belize in the northwest to Suriname in the southeast. It was formed at a meeting of civil society groups from around the region held in Jamaica in December, 2004. The organisation’s formation arose from the need to fill a gap in the regional response to the HIV epidemic. That gap relates to diminishing the susceptibility of certain populations to HIV as well as to the inclusion of persons living with HIV and AIDS from those populations into culturally appropriate and accessible care, treatment and support programmes.

CVC has set itself the task of supporting community-based organisations, national programmes and others in developing and implementing rights-based programming to reduce the spread of HIV among especially vulnerable groups in the Caribbean, which include, among others, mobile populations, area youth, persons who sell sex, men who have sex with men and substance users. Because these populations are marginalised by the wider society, the coalition also seeks to lobby regional governments, inter-governmental, regional and international organisations to address their human rights concerns as a fundamental platform on which HIV prevention or care can become effective.

Spirtuality Workshop and Church Service

Society Against Sexual Orientation Discrimination (SASOD) - Guyana

in collaboration with the Guyana Rainbow Foundation (GuyBow) and partnership with

Sunshine Cathedral Jamaica (SCJ) is proud to host in Guyana

a Spirituality Workshop under the theme "Responding to Faith-Based Homophobia"

on Saturday, October 11, 2009 from 10:00 am at the headquarters building of the Guyana Red Cross Society, Barrack Street, Kingston, Georgetown and

a Church Service on Sunday, October 12, 2009, from 5:00 pm at the conference room of the Regency Suites Hotel, 98 Hadfield Street, Werk-en-Rust, Georgetown.

For more information, please email sasod_guyana@yahoo.com or call +(592) 698-1174 / 617-6107.

October Oxygen

The venue has been Changed to Sidewalk Cafe, Middle Street, Georgetown

What happens after the Mexico City XVII International AIDS Conference 2008

Human Rights Violations, Gender Inequality, Stigma, Discrimination and Homophobia Lead to HIV:

What happens after the Mexico City XVII International AIDS Conference 2008?

Human rights violations, gender inequality, stigma, discrimination and homophobia were unequivocally identified as major, structural drivers of the global AIDS pandemic at the recently concluded XVII International AIDS Conference in Mexico City , August 3 – 8, 2008 (AIDS 2008). SASOD delegates, Joel Simpson and Namela Baynes-Henry, joined over 25,000 scientists, community and political leaders from around the world, region and country calling for “universal action now” to tackle these underlying drivers of HIV vulnerability and reverse the tide of the AIDS epidemic.

As part of SASOD’s participation at AIDS 2008, an abstract titled “Spectrum Health Net: reaching the invisible with holistic sexual health education” (see attached) was one of over 5000 presented at the conference, selected from over 10,600 submissions (another 2,742 appear on the CD-ROM only). This abstract was accepted for poster exhibition (photograph attached) under the cross-cutting theme “4 - Stigma, Discrimination and Social Justice.” The poster is available for download on SASOD’s website at http://www.sasod.org.gy/?q=node/112

In an effort to disseminate the knowledge and catalyze action, SASOD is convening a facilitated AIDS 2008 Debriefing Forum with Guyanese delegates who work in key, vulnerable sectors to provide feedback, find solutions and take collective action among local stakeholders to address these issues in the context of the AIDS epidemic in Guyana . The meeting will take place on Thursday, August 21, 2008 from 16:00 to 17:30 hrs at the CIDA PSU Main Conference Room, New Market and Main Streets, Georgetown . It is open to the public and any interested persons are invited to attend.

Programme participants include :-

Women and Girls

Lydia Fraser
Health Director
Guyana Red Cross

Young People

Norwell Hinds
Youth Focal Point
UNFPA Guyana

Sex Work

Miriam Edwards
Director, “One Love”
Kwakwani Sex Work

Sexual Minorities

Joel Simpson
Co-Chairperson
SASOD-Guyana

Role of the Media

Namela Baynes-Henry
Editor-in-Chief
First Look News

Facilitated Plenary Discussion

Dereck Springer
Chairman, Lifeline
Counselling Services

SASOD @ CARIFESTA X - 23 to 30 August, 2008

Vele kleuren, één regenboog/Many colours, one rainbow/Beaucoup de couleurs, un arc-en-ciel/Muchos colores, un arco iris

Please see main programme on our website