Monday, May 16, 2011

International Day Against Homophobia & Transphobia (IDAHO) 2011


SASOD launches cross-dressing documentary and ‘soft’ launches quarterly newsletter for International Day Against Homophobia & Transphobia (IDAHO)
WHO: SASOD with support from the Caribbean Treatment Action Group (CTAG)
WHAT: Launch of “My Wardrobe, My Right” video documentary and ‘soft’ launch of the inaugural edition of quarterly newsletter, “Spectrum Vibes,” with feature remarks by His Excellency Simon Bond, British High Commissioner to Guyana
WHERE: Sidewalk Café & Jazz Club, 176 Middle Street, Georgetown
WHEN: International Day Against Homophobia & Transphobia (IDAHO), Tuesday, May 17 at 10:00 hrs
WHY: SASOD with support from CTAG, the regional funding and advocacy mechanism of the Collaborative Fund for HIV Treatment Preparedness - A Project of the International Treatment Preparedness Coalition (ITPC) and TIDES Network – is producing a series of video documentaries. On the occasion of IDAHO 2011, SASOD launches the first in the series, “My Wardrobe, My Right” which examines the criminalization of cross-dressing in Guyana. SASOD also takes the opportunity of IDAHO to ‘soft’ launch the inaugural issue of its quarterly newsletter, “Spectrum Vibes,” which is dedicated to the life and work of the late Dr. Robert Carr, who passed away last week. Dr. Carr was the director of advocacy and policy of the International Council of AIDS Service Organisations (ICASO), co-chair of the Global Forum on MSM and HIV (MSMGF), founder, co-chair and first executive director of the Caribbean Vulnerable Communities Coalition (CVC), former executive director of Jamaica AIDS Support and former coordinator of the Graduate Studies Unit at the Caribbean Institute of Media and Communication (CARIMAC) University of the West Indies (UWI), Mona, among many other affiliations.


Information Note on IDAHO Launch of “My Wardrobe, My Right” Video Documentary
What is IDAHO?
On May 17, over 50 countries around the world celebrate the International Day Against Homophobia and Transphobia (IDAHO), marking the anniversary of one of the most powerful steps in advancing human rights for lesbian, gay, bisexual and transgender (LGBT) people globally – the declassification of homosexuality as a mental illness by the World Health Organization 21 years ago. IDAHO is recognized by the State in a number of countries, including Brazil and Cuba, which includes a month of government-sponsored activities, and is observed in Jamaica and in Guyana, this year for the sixth year. IDAHO is a global collaboration to take local action to engage violence, stigma, unequal treatment and state oppression, including criminal laws, that target people on the basis of their sexual orientation and gender identity. It is an occasion to call for and demonstrate political action, to build public awareness, and to mobilize alliances within and across borders. The international celebration of a day against homophobia was spearheaded by a Caribbean man, Martiniquan Georges-Louis Tin.
What is this SASOD/CTAG video-documentary about?
The goal is to create a more supportive socio-cultural environment for sexual and gender minorities through public education efforts which aim to mitigate stigma faced by these marginalized groups. It aims to create a supportive infrastructure by building a more enabling socio-cultural environment which encourages ordinary people to embrace these groups who are stigmatized because of sexual taboos and gender non-conformity. It is envisaged that this locally-made film, which can have a wide reach and mass appeal, will buttress other ongoing efforts to build supportive infrastructure through policy and law reform, training and skills-building by various stakeholders. Film technology provides an invaluable tool to humanize these taboo issues in mainstream television media and address sensitive areas where lack of knowledge is pervasive among Guyanese and Caribbean people.
Guyana’s laws criminalise cross-dressing. 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… ” This antiquated piece of legislation dates back to the 19th century, colonial period, but is still being selectively enforced today – in the 21st century. In 2006, Ronell Trotman, better known as ‘Pertonella,’ a cross-dressing sex worker, was fined for vagrancy and wearing female attire; $5000 for each offence (Stabroek News, Tuesday 16 May 2006). And then between February 6 and 10, 2009, police 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. The first arrests took place on February 6, when plainclothes policemen detained three persons in downtown Georgetown, near Stabroek Market. On February 7, the police detained five more. In both occasions, the then acting Chief Magistrate Melissa Robertson fined the detainees GY$7,500 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, the then acting 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.”
Laws 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.
On February 19, 2010, the eve of World Day of Social Justice, four cross-dressers and SASOD filed a notice of motion before the Supreme Court of Judicature for redress claiming, among other relief, to have section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act, Chapter 8:02, invalidated as irrational, discriminatory, undemocratic, contrary to the rule of law and unconstitutional. The matter is sub judice, presently before the High Court.
“My Wardrobe, My Right” explores these issues related to the criminalization of cross-dressing in Guyana. It captures the stories of two of the cross-dressers who were victims of the February 2009 crackdowns and the views of SASOD and one of the human rights attorneys representing the litigants in the constitutional suit against Guyana’s laws which penalise cross-dressing.

Tuesday, March 29, 2011

Submission to the Global Commission on HIV and the Law


Submission to the Global Commission on HIV and the Law
Contact Details
Name of Authors: Anton Rocke and Joel Simpson
Name of Organisation: Society Against Sexual Orientation Discrimination
Are you submitting as an Individual or on behalf of an organisation?
Answer: Organisation
Please note that you can only make 1 submission per person and per organisation.
Phone Numbers: (Office) +592-226-5155; (Cellular)+592-623-5155.
Date of submission: March 14, 2011
Address: CIDA PSU Building – 56 Main and New Market Streets, North Cummingsburg
City: Georgetown
Country: Guyana
Laws and practices that effectively criminalise people vulnerable to HIV
In Guyana, sex workers suffer violence and discrimination on a constant basis. This is supported by the UNAIDS report - “Whoring,’ ‘Boopsing,’ and Other Business: A Situational Analysis of Sex Work and the Sex Industry in the CARICOM” which categorises the physical violence and harassment that sex workers experience, because of the type of work they do, into two main groups of perpetrators: police and non-state actors.[1] Guyana’s laws criminalize cross-dressing, consensual sex between men and aspects of sex work, thereby making vulnerable, these groups, transgenders, gay, bisexual and other men who have sex with men and sex workers, to discrimination which causes disempowerment, barriers to effective prevention, treatment, care and support services, thereby exacerbating their vulnerability to HIV.
Under Section 166 of the Summary Jurisdiction (Offences) Act 1894, of the Laws of Guyana, every person who:
a) being a male person, knowingly lives wholly or in part on the earnings of prostitution; or
b) being a male person, in any public place persistently solicits or importunes for immoral purposes; or
c) loiters about, or importunes any person in, any street or other public place for the purpose of prostitution.
Transgender persons are criminalised for expressing their identity by ‘cross-dressing’ under section 153 of the Summary Jurisdiction (Offences) Act, Laws of Guyana, which establishes as an offence:
“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… ”[2]
This denial violates the right to freedom of expression, the right to privacy and personal dignity and gives tacit approval to the frequent attacks cross-dressers face in the streets, especially at nights.
(1) Police Assault and Abuse:
In Guyana, police have been accused by cross-dressers of harassment and physical violence. Transgender sex workers reported to SASOD that police often extort sexual favours from them, and even rape and brutalize them. Most of the cases are not reported to the police, due to the lack of confidence in their response. “Petronella,” (alias) a cross-dressing sex worker, that some police further participate in the harassment of gay men on the streets, adding that there is no recourse to complain since the existing laws criminalize consensual sex between men and cross-dressing.
In February, 2009, seven persons were charged for cross-dressing. The charges were not dropped and the seven were each fined for the offence. The detainees reported to SASOD, that police refused to allow them to make a phone call or to contact a lawyer. They were photographed by police and then told to take off all of their “woman clothes” in front of several police officers. One defendant stated that “after stripping [us] the police told us to bend down and they search us as if to make fun of us and our sexuality.”
The cross-dressers also reported that they were ordered to put on “man clothes.” Police kept five of the seven in solitary confinement until the day of the trial, contending that it was for their safety. In court, when handing down the sentences, the then acting 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.”[3]
Some police have reportedly used the existence of the laws for extortion. Males who are found in compromising positions are made to pay bribes rather than face charges and the possibility of prosecution. Although consensual same-sex activity between adult men is difficult to prove, the damage is really in the accusation itself because of the stigma attached to homosexuality.
(2) Abuses by Non-Sate Actors
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.
SASOD is a founding partner in the Guyana Sex Work Coalition and recalls the violence faced by a female sex worker at the hands of a male client:
“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. “Now how could I go to the police and make a report when sex work is not really legal,” she added.
The Terborg (2006) report, which details interviews with female, gay male and cross-dressing sex workers, concluded that the majority felt rejected by society.[4] An interviewee stated:
“Society doesn’t try in any way to understand the position of gays. I have experienced stigma and discrimination when looking for a job. When I went to a store for a job and the proprietor told me to find my own work, then, chased me’!
Some people want to appear to be non-judgmental and still want to find out why you are like that.”
Social stigma and discrimination based on gender identity is common in many parts of the Caribbean, including Guyana, and in some cases resulting in violent attacks, some of them fatal, against people perceived to be lesbian, gay, bisexual or transgender.[5] In 2003, during a debate to revise Article 149 of the Constitution to include a ban on discrimination based on sexual orientation, SASOD and other civic organizations supported the move to prohibit such discrimination but some sections of the religious community and the bill was never voted on, as the government presented but did not support it.
Men who have Sex with Men (MSM)
In Guyana, the Criminal Law Offences Act (8:01) under section 351 criminalizes consensual sexual activity between men while Sections 352 and 353 criminalizes 'buggery'. The laws do not distinguish consensual and non-consensual acts.
The existence of these laws reduces access to treatment, care and prevention services by men who have sex with men. These so-called ‘sodomy laws’ facilitate discrimination within the health and social services sectors. Moreover, these laws therefore place an added burden on the health sector and this is an additional reason to repeal them.
According to Amnesty International, “discrimination against people based on their sexual orientation or gender identity, including men who have sex with men, manifests itself in a number of ways including the criminalization of same-sex relationships. Men who have sex with men often face additional stigma because of the incidence of HIV/AIDS in gay men and the history of the pandemic that was initially associated mainly with gay men in the global North.”[6]
The latest surveillance study finds a HIV prevalence of 19.4% among MSM,[7] which is ten times the national average, according to UNAIDS estimates. The Government of Guyana has also acknowledged that MSM are also a vulnerable group. The problem is that there is an inconsistent response to sexual and gender minorities who are in need of healthcare and related social services since there is an accepted norm of discrimination. There are some healthcare professionals who would exercise their own discretion in terms of how they treat sexual and gender minorities. Persons who are discriminated against do not have recourse to any remedies within the health system.


[1] Kempadoo, Kamala, et al. ‘Whoring,’ ‘boopsing,’ and other business: A Situation Analysis of Sex Work and the Sex Industry in the CARICOM - Final Report, page 88. UNAIDS, Caribbean.
[2] Laws of Guyana, Chapter 8:02, Summary Jurisdiction (Offences) Act; Section 153, (1)(xlvii), In: http://www.gina.gov.gy/gina_pub/laws/Laws/cap802.pdf
[4] Terborg, J. Report on HIV Prevention and Care among FSW and MSM in Georgetown, Guyana, 2006, pg. 75.
[5] Human Rights Watch, Hated to Death: Homophobia, Violence and Jamaica’s HIV/AIDS Epidemic. New York 2004. Available at: http://hrw.org/reports/2004/jamaica1104
[6] Amnesty International, Report on HIV/AIDS in Guyana and the Dominican Republic. AI Index: AMR 01/002/2006
[7]Ministry of Health, Guyana Behavioural Surveillance Survey 2008/2009 Report, page 60.