AT OAS, CARIBBEAN STATES DUCK COMMITTING TO LGBTI CITIZENS’ HUMAN RIGHTS. THOSE CITIZENS TELL STATES & SECRETARY GENERAL: TALK MORE, DO MORE, HELP EACH OTHER MORE TO PROTECT LGBTI PEOPLE.

         At the eleventh hour, Jamaica, Guyana, Dominica and St. Kitts-Nevis withheld their support for a resolution on sexual orientation and gender identity and expression (SOGI) just before it was successfully passed by the Organization of American States (OAS) in Antigua Guatemala on June 6th. Two CARICOM states had done so earlier during negotiations; and another four qualified their support at the last minute.

Since the first one passed in 2008, a resolution on these issues had become an annual ritual in which every Caribbean state would join at the General Assembly of the 35-member intergovernmental body that helped pioneer the idea of international human rights. The Inter American human rights system also has some of the strongest protections of any regional human rights framework for lesbian, gay, bisexual, transgender and intersex (LGBTI) persons, including a special unit of the Inter American Commission on Human Rights, overseen by Jamaican Commissioner and First Vice Chair Tracy Robinson. For the past two years, the SOGI resolution has urged states to do something about its lofty words domestically. Now this year, ten CARICOM states have flocked to attach reservations to it, some like Barbados, St. Lucia and Trinidad & Tobago without any clear substance.

“Caribbean governments are totally willing to talk about human rights, they want to give a good show on the issue, but they repeatedly prove unreliable in giving any teeth to those ‘commitments’”, said Colin Robinson, Secretary of the Caribbean Forum for Liberation and Acceptance of Genders and Sexualities (CariFLAGS), a 16-year-old indigenous LGBTI network which has recently set up offices in Castries, Kingston, Port of Spain and Santo Domingo. “The creation of Caribbean societies was founded on the persistent violation of human rights”, he said. “Post colonially, Caribbean nations ought to be among the most visionary and eager champions of human rights. But when it comes to letting our people be free to enjoy their bodies with dignity, we’re clinging to pre-Emancipation practices, and proud to remain at the bottom of the class in the Americas.”

Robinson was the very last speaker during the Assembly’s June 3rd civil society dialogue with OAS Secretary General José Miguel Insulza. “Mr. Secretary General, with all due respect”, he had interrupted on behalf of his coalition, “Folks from the English-speaking Caribbean asked two very specific questions, about the criminalization of our humanity and our ability to be meaningfully included in this space and you didn’t address either. Could you please?” Members of CariFLAGS have participated for seven years in the OAS General Assembly, they had fought to ensure English-speakers got the microphone during the June 3rd dialogue, and his Guyanese colleague Zenita Nicholson of the Society Against Sexual Orientation Discrimination had asked the two questions, reminding Insulza that in the same forum the year before the group’s co-chair, Surinamese Tieneke Sumter of Women’s Way Foundation, had asked if he was aware that eleven Caribbean nations, all in the English-speaking Caribbean, violate human rights by criminalizing private same-sex intimacy. Insulza had then promised political dialogue on the issue, and the advocates wanted to know what he had done and accomplished.

The Caribbean participants also complained bitterly that the OAS has not done enough to ensure language access for non-Spanish-speaking participants in civil society processes at its annual general meeting and that its Human Rights Commission trainings are all in Spanish, issues they had also raised in a letter to the organization.

More critically, the advocates including Jamaica’s J-FLAG, St. Lucia’s United and Strong and Trinidad & Tobago’s CAISO sounded three themes:

They united with people of African descent in calling on OAS member states to adopt and ratify two landmark anti-discrimination conventions focused on racism and other forms of discrimination and intolerance. In introducing the conventions, Antigua & Barbuda, which led the final drafting process, described the instruments as aspirational and ambitious opportunities for states to “review and possibly amend their current domestic legal frameworks, aligning them with protection standards that should prevail in our region”, and make real democratic promises of “justice, equality and the pursuit of happiness” by building the proverbial “current that can sweep down even the mightiest walls of resistance”. The intolerance convention addresses discrimination based on nationality, sexual orientation, gender identity and expression, religion, cultural identity, political opinions or opinions of any kind and genetic trait among others.

In a single voice with the 23-country Latin American LGBTTTI Coalition working in the OAS, the Caribbean participants criticized the weakness of human rights protection in their states, noting only two Caribbean countries have independent national human rights institutions and that, unlike the rest of the region, most Caribbean victims of human rights violations cannot take cases for adjudication to regional or international forums, the very structures needed by citizens in small, developing states with young institutions. “Sexual citizenship is a bellwether of the Caribbean’s human rights inequality”, they noted further.

They appealed for greater political dialogue within the OAS about how far Caribbean states trail the rest of the region in recognition of the rights and dignity of LGBTI citizens. And they repeatedly urged Caribbean states to seek and accept offers of technical assistance in implementing the commitments to human rights, sexual orientation and gender identity they repeatedly undertook at General Assemblies over the past five years. Lobbying Ricardo Kellman and Julia Hyatt, delegates from Barbados and Jamaica respectively, who threatened to reopen the drafting of the sexual orientation and gender identity resolution, they urged that some Caribbean states cannot hold back the rest of the region or hemisphere from moving forward on these issues.

 “Homophobia affects us all, from growing anomie and homelessness among LGBT youth on the streets of our capitals, to heterosexual males’ persistent underachievement in our educational systems, to how we rob our national productivity of the contributions of whole groups of people”, the CariFLAGS participants said in a formal statement (attached).

Links

OAS General Assembly Resolution AG/RES. 2807 (XLIII-O/13): Human Rights, Sexual Orientation, and Gender Identity and Expression (Adopted at the fourth plenary session, June 6, 2013): http://scm.oas.org/ag/documentos/Documentos/AG06190E05.doc

InterAmerican Convention Against All Forms of Discrimination and Intolerance:http://scm.oas.org/ag/documentos/Documentos/AG06187E04.doc

Video

CariFLAGS engages Sec. Gen. Insulza (Zenita Nicholson 01;54:04 to 01:36:04; Colin Robinson 02:42:36 to 02:44:05):http://www.youtube.com/watch?v=PuLgfc4gRgo&list=PLkh9EPEuEx2v6pkIb-NaEwMuYoQPIQr_a

Antigua & Barbuda Alternative Representative Ann-Marie Layne Campbell introduces the InterAmerican Conventions Against All Forms of Discrimination and Intolerance and Racism, Racial Discrimination, and Related Forms of Intolerance:http://www.youtube.com/watch?v=lX0YwjKtf8Q&list=PLkh9EPEuEx2v6pkIb-NaEwMuYoQPIQr_a (00:20:00 to 00:26:08)

Caleb Orozco, Executive President, UNIBAM, Belize "English Questions too!!!" Mr. Secretary General

Zenita Nicholson, Secretary, Board of Trustees , SASOD, Guyana with questions for the Secretary General 

Colin Robinson, Executive Director CAISO, Trinidad & Tobago, requesting that our questions be answered

The Caribbean representation at the OAS. From left: Tieneke Sumter, Women's Way Foundation- Suriname, Jaevion Nelson, JFLAG- Jamaica, Adarryl Williams, United and Strong - St Lucia, Caleb Orozco, UNIBAM -Belize, Colin Robinson, CAISO - Trinidad & Tobago and Zenita Nicholson, SASOD - Guyana

Photo link: 

Antigua & Barbuda Perm. Rep. to the OAS HE Deborah-Mae Lovell signs the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance: http://www.flickr.com/photos/oasoea/8970479664/

HELPING EACH OTHER STRENGTHEN HUMAN RIGHTS IN THE CARIBBEAN

Caribbean LGBT Citizens Call on Our Governments to Seek and Offer Technical Support and Cooperation in Domestic Implementation of Commitments Undertaken in OAS SOGI Resolutions

Colonial development of Caribbean societies was founded on the persistent violation of human rights. These histories have given way to aspirational nationalist visions of inclusion, equality, autonomy and human dignity, and modern Caribbean nations ought to be among the most visionary and eager champions of human rights.

But we are not. Formal recognition and protection of human rights and personal dignity remain weak in most nations across the region. In several, Constitutional provisions protect colonial laws from legal challenge. Only two states have independent national human rights institutions, neither compliant with Paris Principles; just four have fully ratified the First Optional Protocol of the International Convention on Civil and Political Rights; only five are party to the American Convention on Human Rights, and just two accept the jurisdiction of the Inter-American Court. Boasts of democracy and rule of law are vitiated by lack of access to justice for people who are poor and vulnerable. In restricting citizen access to supranational human rights adjudicating mechanisms, young postcolonial states – still developing national institutions, expanding social protection and building consensus on shared humanity after centuries of its denial to the majority of the population – deprive their peoples of the protection of frameworks designed expressly to backstop state weaknesses or negligence. For rights bearers in such small-island developing societies, especially those who are minorities, violations and related impunity effect multiple ruptures to safety, dignity and livelihood.

Sexual citizenship is a bellwether of the Caribbean’s human rights inequality. We trail the rest of the hemisphere in recognition of the humanity and rights of LGBT persons as well. Eleven of our nations still criminalize private same-sex relations between consenting adults, and several have expanded this beyond the colonial laws we inherited. Sexual orientation has been deliberately excluded from post-Independence protection measures.

Homophobia affects us all, from growing anomie and homelessness among LGBT youth on the streets of our capitals, to heterosexual males’ persistent underachievement in our educational systems, to how we rob our national productivity of the contributions of whole groups of people. Our sister states in Latin America share rank with the Global North in political leadership and domestic institutionalization of LGBT equality and human rights. Meeting in Brasilia in April with Cuba to forge a regional perspective on how to advance sexual orientation and gender identity in multilateral human rights systems, they emphasizedstrengthened dialogue and cooperation mechanisms, including South-South and triangular ones, according to countries’ needs, to allow for sharing of good practices and incremental political changes.

On the occasion of our joint participation in the XLIII General Assembly of the Organization of American States, in Antigua Guatemala in June 2013, we appeal for a new partnership:

1.    to fully support the 2013 resolution on human rights, sexual orientation and gender identity/expression

2.    to approve, ratify and bring into force in domestic law the Inter-American Convention against All Forms of Discrimination and Intolerance jointly with theInter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance

3.    to request, receive and, where appropriate, provide technical cooperation from hemispheric and other partners in implementing domestic measures that fulfil the commitments of the suite of resolutions on human rights, sexual orientation and gender identity enacted at the General Assembly

4.    to strengthen domestic human rights education programmes and institutions, and build national cultures of human rights and plural citizenship

5.    to take significant steps to more fully join and to strengthen the Inter-American human rights system

6.    to convene a CARICOM forum to engage with dialogue and cooperation on these issues.

We are the Caribbean Forum for Liberation and Acceptance of Genders and Sexualities. Our 16-year old non-governmental body, owned and operated by the region’s leading LGBT NGOs, is a regional network with offices in Castries, Kingston, Port of Spain and Santo Domingo and leadership in Suriname. In advancing an indigenous LGBT agenda for the Caribbean, we engage with regional governments and civil society, donors and international partners — to expand protective environments at the community-level where Caribbean LGBT people can enjoy safety and support and be linked to services, community, health, spirituality and empowerment; to build local LGBT infrastructure and leadership; to forge alliances, participate politically and electorally, influence policy and legislation; to utilize judicial and human rights institutions to ensure justice and access to the fruits of citizenship; and to build nations that reclaim the values of our Independence generation.

DECLARATION OF THE COALITION OF LESBIAN, GAY, BISEXUAL, TRAVESTI, TRANSEXUAL, TRANSGENDER AND INTERSEX PERSONS FROM THE AMERICAS

BEFORE THE GENERAL ASSEMBLY OF THE OAS

LA ANTIGUA GUATEMALA, GUATEMALA, JUNE 4th, 2013

Mister Secretary General, Honourable Ministers, Representatives of Official Delegations, Civil Society Colleagues: 

We, Lesbian, Gay, Bisexual, Travesti, Transsexual, Transgender and Intersex (hereinafter LGBTTTI) organizations, convened in Antigua Guatemala, Guatemala, from May 31^st to June 2^nd, 2013,

in accordance with the directives established by the OAS General Assembly in Resolutions AG/RES.2092 (XXXV-O/05); CP/RES.759 (1217/99); AG/RES.840 (1361/03) through the resolutions AG/RES.1707(XXX-O/00) and AG/RES.1915(XXXIII-O/03), which set forth a regulatory framework to enhance and strengthen civil society participation in the OAS and in the Summit of the Americas process, would like to express that: 

The policies of repression and criminalization of drug possession for personal consumption have led to human rights violations of vulnerable groups. Decriminalization and a fresh perspective on this reality will reduce discrimination, resulting in processes of social inclusion and democratic guarantees. 

In the countries of Central America, organized crime groups are controlled by neither the police nor any other arm of the state, which promotes citizen insecurity. 

In this context, discrimination based on sexual orientation and gender identity has increased, with acts of verbal and physical violence, torture, cruel and inhuman treatment, forced disappearances, and killings as the extreme expression of such violence. 

Trans persons are among those most affected by these attacks. They are also denied their right to health, to education and to work, in short, to dignity. Lack of documents recognizing the gender identity that trans persons have adopted and constructed, or conditioning their issuance on humiliating medical procedures, constitutes an insurmountable limit on their access to rights. 

Low self-esteem among lesbian women, caused by a patriarchal system that ignores and stigmatizes them, makes them vulnerable to problems related to mental health, addictions, domestic violence, and also limits their access to comprehensive health care. In the“English-speaking” (Commonwealth) Caribbean, this same system pushes LGBTI youth into homelessness and young heterosexual men to under performance in school. 

Eleven Caribbean countries – one third of the states in the Americas – continue to retain laws that criminalize and prohibit consensual same-sex intimacy, crossdressing “for an improper purpose”, as well as entry of foreigners based on their homosexuality. Some of these governments have very recently enacted or enforced such laws; others deliberately exclude LGBT persons from protections against discrimination. 

In these contexts, access to justice and the mechanisms of human rights protection are weak, Constitutional protection excludes sexuality, access to supranational human rights defence mechanisms is limited, and Caribbean governments have declared that human rights protection of sexual minorities requires a "political mandate" of the majority. 

Nonetheless, in this context we welcome the conclusion of the negotiations on the draft Inter-American Convention against All Forms of Discrimination and Intolerance, and appreciate the leadership role of the delegation of Antigua and Barbuda.

Therefore we demand that the Member States:

1.        Sign, ratify and implement the Convention Against All Forms of Discrimination and Intolerance, as well as the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance.

2.        Adopt legislation and policies in line with the commitments made in the resolutions "Human Rights, Sexual Orientation and Gender Identity" adopted by previous General Assemblies.

3.        Create or strengthen Human Rights Institutions and implement educational programs that develop a culture of human rights and pluralistic society.

4.        Take measures to ensure access to justice and guarantee due process of the persons without discrimination based on sexual orientation and gender identity.

5.        Adopt comprehensive and specific health strategies for LGBTI persons, with a particular emphasis on the different needs of trans persons.

6.        Review their legislative frameworks by repealing laws that criminalize sex between people of the same sex.

7.        Adopt laws that recognize the gender identity of trans persons.

8.        Promote direct participation of LGBTI persons and civil society groups in dialogues, consultations, policy design and planning at national and local levels.

9.        Adopt the Inter-American human rights instruments.

 As well, we demand that the General Assembly:

  -Adopt the draft resolution "Human Rights, Sexual Orientation and Gender Identity and Expression" presented by the          delegation of Brazil, whose initiative is appreciated;

2.            - Adopt the draft resolution "Inter-American Convention against All Forms of Discrimination and Intolerance"

3.    - Adopt the draft resolution "Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance."

PRESS RELEASE - SASOD’s 10th Anniversary Celebration and Concert: Nhojj & Friends on Stage

SASOD’s 10^th Anniversary Celebration and Concert: Nhojj & Friends on Stage

GEORGETOWN, GUYANA

The Society Against Sexual Orientation Discrimination (SASOD) hosted a press conference today, June 7, 2013 to promote its 10th anniversary celebration and concert called “SASOD at 10: Nhojj & Friends on Stage,” which will be held at the Side Walk Café, Middle Street, Georgetown, tonight at 8:00pm.

According to SASOD’s Co-Chair, Joel Simpson, tonight’s event will feature award-winning Guyanese artiste, Nhojj, who is also a member and long-time supporter of SASOD. This will also include performances from local Guyanese artistes including, Natasha Yhapp, Keimo Benjamin, Lloyda Nicholas, Isaiah Luther, Maria Rosheuvel, Anthony Stayman and Francis Bailey.

Following the concert, SASOD will be unveiling a series of events to continue its month long anniversary celebration. At their “Painting the Spectrum” 9^th annual Lesbian, Gay, Bisexual and Transgender (LGBT) Film Festival on June 9, 2013, the organisation will be screening this year’s feature film, which is a documentary called “You Are Not Alone,” which deals with the issue of depression in black gay men. This will be followed by a panel discussion with Guyanese producer, Antoine Craigwell, Nhojj who wrote and sang the documentary’s theme song, psychologist Dr. Faith Harding and others.

SASOD will also re-screen its 2011 documentary, “My Wardrobe, My Right,” whose producer is Neil Marks, this Sunday. This documentary addresses the implications of cross-dressing in Guyana, and according to Joel Simpson, the timing is opportune as it coincides with the current constitutional case involving Quincy McEwan, Seon Clarke, Joseph Fraser, Seyon Persaud and SASOD v. Attorney General in which four persons were arrested for violating section 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act. This law makes it a criminal offence for men to wear female attire and for women to wear male attire “in any public way or public place, for any improper purpose.” The Honourable Chief Justice, Ian Chang, during final proceedings on June 4, 2013 said that he will provide a date in which his decision will be announced in court.

On June 24, 2013, SASOD will also be hosting a Photo Exhibition and Appreciation Awards Ceremony at Moray House Trust, Camp and Quamina Streets in Georgetown. On the same day, they will be releasing their 2^nd edition newsletter, Spectrum Vibes, as well as launching a documentary called “SASOD at 10” which is produced by Gordon Moseley, and assistant producer, Alana Da Silva.

The press conference was hosted by SASOD Co-Chair, Namela Baynes-Rowe. Admission for tonight’s event is free, and the public is encouraged to attend “SASOD at 10: Nhojj & Friends on Stage” – which is bound to be a memorable experience.

Left to Right: Guyanese artiste, Nhojj, SASOD Co-Chairs, Namela Baynes-Rowe and Joel Simpson

Guyanese artiste, Nhojj

SASOD at 10: Nhojj & Friends on Stage

Join us for our 10^th anniversary concert and celebrations

Featuring international award-winning Guyanese artiste Nhojj, along with Keep Your Day Job band, Natasha Yhap, Keimo Benjamin, Lloyda Nicholas, Isaiah Luther and others

Date: Friday, 7^th June

Time: 8 pm sharp

Venue: Sidewalk Café & Jazz Club, 176 Middle St. Georgetown.

Admission: FREE

PRESS RELEASE - Constitutional Court Reserves Judgment in Guyana Cross Dressing Case

Joint Press Release from the Society Against Sexual Orientation Discrimination (SASOD)

and the Faculty of Law UWI  Rights Advocacy Project (U-RAP)

GEORGETOWN, GUYANA

The Honourable Chief Justice, Mr. Ian Chang, sitting in the Constitutional Court, heard full arguments from lawyers acting on behalf of the applicants – Quincy McEwan, Seon Clarke, Joseph Fraser, Seyon Persaud and the Society Against Sexual Orientation Discrimination (SASOD) – as well as a response from the State, on Tuesday June 4, 2013. This is an important case that will help to determine the implications of the commitment made in the Guyana Constitution to “eliminating every form of discrimination.”   

Attorney, Lecturer in the Faculty of Law, University of the West Indies, St Augustine and co-coordinator of the Faculty of Law UWI Rights Advocacy Project (U-RAP), Dr. Arif Bulkan, and Gino Persaud appeared for the applicants. Dr. Bulkan argued that section 153(1) of the Summary Jurisdiction (Offences) Act which criminalizes cross-dressing for an ‘improper purpose’ violates the Constitution of Guyana because it is discriminatory and vague. He argued that the cross dressing law is discriminatory on the basis of sex and gender as it seeks to criminalize persons who do not confirm with socially constructed stereotypes associated with their biological sex.

“Tuesday’s full-day court hearing is really the culmination of more than 4 years’ work between SASOD, U-RAP, Guyanese human rights attorneys and the transgender folk who suffered egregious abuses and enduring injury to their human dignity during the February 2009 police crackdowns on cross-dressing,” said SASOD’s Co-Chair, Joel Simpson. “Justice can only be served by the court declaring this insidious law unconstitutional, null and void,” Simpson concluded. The case of Quincy McEwan and others v.  Attorney General was filed on the eve of World Day of Social Justice, February 19, 2010, by SASOD and four of seven persons convicted and fined in 2009 for violating section 153(1) (xlvii) of the Summary Jurisdiction (Offences) Act, which makes it a criminal offence for men to wear female attire and for women to wear male attire in a public place for an improper purpose. 

One of the litigants, Quincy McEwan, better known as Gulliver, said, “If the decision is positive, we can safely go about wearing our clothes without the police arresting us for dressing a certain way – and this case is evidence that we do face discrimination.” Another litigant, Joseph Fraser, known as Peaches, said, “There are plenty of transgenders out there who are looking for jobs; who don’t feel comfortable in male clothes, so they are discriminated against because of the way they dress – and as a result, engage in sex work to make a honest living. If the Chief Justice does not rule that this law is unconstitutional, everything will go back to square one and we will continue to be oppressed,” Peaches added.

 Arguments for the Applicants

In his arguments, Dr. Arif Bulkan pointed out that the law was historically oppressive and originated from the 19^th century colonial vagrancy laws, which were instituted to control the free movement and activities of ex-slaves and indentured servants in the British Caribbean, especially in urban places. This 1893 law also criminalises other activities in the city such grooming an animal in a public place; placing goods in a public way in town; beating a mat in a public way; flying a kite in the city; loitering around a shop and hauling timber in a public way. Dr. Bulkan described these as victimless offences and mechanisms of social control.

In response to questions from the bench, Dr. Bulkan focused on the fundamental constitutional principle of the rule of law, which requires that any law which interferes with your individual rights and creates a criminal offense must be formulated with as much precision as possible to allow the regular person to know in advance what is being prohibited and regulate his or her conduct. He said that this so-called offence of being dressed for an “improper purpose” is so uncertain and unclear that it violates the principles of fundamental justice. He argued that it is so vague that it gives “boundless discretion” to the police and magistrates that would be applying this law “and encourages arbitrary and capricious enforcement…” He said the definition of male and female attire is now blurred – and he asked the question: “Who determines male and female attire?” He added, “What the State has failed to prove is whether the law has any meaning.”

In closing, Dr. Bulkan said, “We reiterate our prayer that this law be declared unconstitutional.” He said the state could provide no legitimate reason for such a law and its restriction on human rights such as public order or public safety. He observed that if a crime was committed or attempted, the police had multiple offences with which they can charge persons; this one was superfluous and dangerous.

Counsel for the State

The Counsel for the State, Kamal Ramkarran, presented arguments that the courts could resolve any ambiguities in the law in section 153(1) and provide a definition of what is proper and improper conduct through the normal practices of interpretation. He also said that it is a matter for parliament to determine the appropriateness of any law. The Constitution of Guyana in Article 8 provides that the Constitution is the supreme law of Guyana, and if any other law is inconsistent with it, that other law is void to the extent of the inconsistency.

According to Dr. Rosamond King, Co-Chair of the Caribbean International Resource Network and Assistant Professor at Brooklyn College, the outcome of this case is therefore a matter of great significance – and “people around the Caribbean are watching to see whether this patently vague law will be allowed to stand.” King also said, “While some media have sensationalized this case, at its root, this case questions what the state gains from restricting individual's right to dress as they please, regardless of the reason.”    Karen De Souza, National Coordinator of Red Thread attended the court proceedings on Tuesday. She observed, “It is immoral that so much time and money has to be spent on doing what is right. That is immorality.”

The Chief Justice, upon closing the proceedings said that notices will be sent to the applicants and the State, which will provide the date on which his decision will be announced in court.

SASOD is a local human rights advocacy organisation which is committed to promoting equal rights for all Guyanese, with a focus on eliminating discrimination on the grounds of sexual orientation, gender identity and gender expression. U-RAP’s objective is to promote human rights and social justice in the Caribbean by undertaking and participating in human rights litigation in collaboration with human rights lawyers and organisations. The team of lawyers involved in this case includes Gino Persaud, Nigel Hughes and Miles Fitzpatrick, SC. 

U-RAP’s Dr. Arif Bulkan, debriefing Guyana Trans United after the court hearing.      

 

Karen De Souza, National Coordinator of Red Thread, makes a point at a debriefing meeting at Moray House Trust with SASOD and Guyana Trans United immediately following the court hearing on Tuesday.

30TH International AIDS Candlelight Memorial

30^th  International AIDS Candlelight Memorial

By Alana Da Silva

Pandit Deodat Tillack  at the St. George’s Cathedral 

On May 26, 2013, the Society Against Sexual Orientation Discrimination hosted a candlelight vigil in commemoration of the 30^th International AIDS Candlelight Memorial at the steps of the St. George’s Cathedral, Georgetown, Guyana. 

The International AIDS Candlelight Memorial is attended annually on every third Sunday in May by millions of people, including grassroots communities around the world. The theme for this year’s Memorial is “In Solidarity,” which, according to the Global Network of People living with HIV,   “emphasizes the need for people living with and affected by HIV to join hands and work together in the response to HIV.”

The memorial was therefore intended to raise awareness of HIV and AIDS, show support for people living with HIV, and to remember those we have lost to this disease – while working towards eliminating discrimination on the basis of this epidemic and all related cases. This year marks the fourth consecutive year – since 2010 – in which SASOD has been hosting this momentous event.

Among the supporters and attendees were human rights activists, members, volunteers and partners of SASOD, such as Red Thread and the University of Guyana Human Rights Group, among others – and was hosted by John Quelch, volunteer; and Zenita Nicholson, secretary on the board of trustees.     

At 5:00pm, amidst a quiet, sombre setting, Pandit Deodat Tallick urged everyone to recognise the importance of inclusion and the need for a multiplicity of voices advocating for change from an intolerant and homophobic society, to one that is accepting of all Guyanese, regardless of social, economic, or religious status; and one that is against any form of discrimination based on HIV and AIDS, as well as sexual orientation and gender identity. 

Pandit Tillack also expounded his statement to say that “everyone is deserving of equal rights under the law,” and let “no one" tell you that being lesbian, gay, bisexual, or transgender limits you from receiveing equal rights and protection under the law, "providing that u do not add to the dishonesty of the world.”

Other  activities of this memorial included singing, short commentaries, tributes, and a poem written by Fabian Thomas – titled “Zero” –  and recited by Quinton Anthony. In its aim to inspire, the poem said:

Participant  standing at steps of the St. George’s Cathedral

“Being diagnosed as HIV-positive

 Can become power to live

Positively 

Guided divinely,

Positive prevention, No re-infection…

To get to Zero,

Positive and negative

We must stand

In our Oneness

Keep working

Towards zero…

Because we are more

More than our sexual orientation

More than our HIV status

More than anti-retrovirals

More than risky behaviour

More than moments

Of passing pleasure

We are more

We are….enough.”

There was also a poem written and recited by Lloyda Nicholas titled “Dear Death.” She read:

Lloyda Nicholas at the St. Georg’s Cathedral

“Dear Death, expect not that I will quietly go

To the dark pathways your iron grip force

Be sure, I will not lay down and expire

Into your nothingness, your darkness

But fiercely I war with you daily,

That my light in this universe

May n’er be snuffed out

By the cold and bitter hardness

Of your black heart, bereft of heed

Fiercely I war to save this body

In whose confines I choose to walk this earth

Each day a battle to lift this life in me

Beyond the reach of your thorny grip

Bleeding to live life effusively

Writhing in your arms is your daily struggle

So that when you have taken my exterior,

My memory you will not take

From those who lo9ved me

My gifts you will never remove

From those who worshipped me

For we are all gods

Careening to a certin death

But this life, the god in me,

Will war passionately

To change this humanity feeding off

The verve in me

Then and only then

And death, you would have lost the war,

Because I did not go quietly.”

As the evening came to a close with fading sunset, the first candle was lit by Karen De Souza, National Coordinator at Red Thread.

SASOD sincerely appreciates the participation of those who have attended this event, and offer a special thanks to the performers and volunteers who showed their relentless support of this noble cause – which is recognising and aiming to protect those who are vulnerable in society, being a voice for the voiceless, and working with civil society to promote equality for all Guyanese. According to SASOD, this is the true meaning of being “In Solidarity.”

VACANCY

Background

The Society Against Sexual Orientation Discrimination (SASOD) is a non-profit, human-rights organization that advocates for human rights and equality for lesbian, gay, bisexual and transgender (LGBT) people in Guyana. A vacancy exists at SASOD for the services of an Administrative Assistant. The Administrative Assistant will provide general support SASOD in the implementation of activities related to the achievements of SASOD goals and objectives.

Services

The Administrative Assistant will provide the following services:

Clerical and general office services including filing documents and other materials;

Taking minutes at meetings;

Supporting procurement functions of the Finance Assistant and other contractors;

Assisting the Advocacy and Communications Officer in media monitoring and other duties;

Organising meetings and other events;

Providing logistical support to events, meetings, workshops and conferences.

Participating in the planning of activities and events;

Sharing information and promoting activities utilizing social media and other forms of ICT;

Delivering and uplifting correspondences and packages as needed;

Any other administrative duties assigned accordingly.

Qualifications and Experience:

Minimum of 5 subjects CXC including English and Mathematics.

Relevant tertiary education or training.

Experience in a similar post.

Additional Requirements

The contractor must have or cover his/her own means of transportation to provide the required services. The monthly contract fee is inclusive of transportation allowance.

Interested candidates should request full terms of reference by e-mailing sasod.coordinator@gmail.com

Applications accompanied by a statement of 150 words on LGBT rights, must be submitted by May 27, 2013 via email only to:

Programme Coordinator, Society Against Sexual Orientation Discrimination (SASOD).

Email sasod.coordinator@gmail.com and copy to sasod_guyana@yahoo.com

GUYANA: International Day Against Homophobia and Transphobia (IDAHO)

GUYANA: International Day Against Homophobia and Transphobia (IDAHO)

By Alana Da Silva

___________________

The Guyana Equality Forum and its partners gathered together on May 18, 2013 at 3:00pm to commemorate International Day Against Homophobia and Transphobia (IDAHO) by painting a section of the seawall between Vlissengen Road and Pere Street. The GEF is a local network of civil society groups who support equal rights and justice for all Guyanese. The coalition is chaired by Red Thread, while SASOD serves as its administrative secretariat. 

IDAHO is celebrated annually on May 17 by millions of people around the world and marks the 1990 anniversary in which the World Health Organisation removed homosexuality from its list of mental disorders. For the Guyana Equality Forum, this year’s event was titled “Painting a Brighter Future” under the theme, “The Children are our Future” to raise awareness of the issues children face in Guyana, such as violence, abuse, and discrimination based on sexuality and gender. IDAHO was also utilized to keep a local spotlight on the Select Committee of the National Assembly that is currently holding consultations on the abolition of corporal punishment in schools and the need to create a safe and enabling environment for children, regardless of race, religion, social status, sexual orientation, gender identity and expression. IDAHO was therefore acknowledged by highlighting the immense work of Guyanese groups advocating to advance human rights protections of all citizens, especially our vulnerable children.

The painting activity was supported by scores of members, supporters of SASOD, Red Thread, and other civil society groups including, Youths for Guyana, students from the University of Guyana and their recently-formed Human Rights Group. As Renuka Anandjit (Programme Coordinator at SASOD) said in a brief remark, “We are all here because we believe in the protection of human rights.”

The event was experienced with laughter and cheer as the group lined up to paint the IDAHO symbol in black and pink; silhouettes of children holding hands under a rainbow; and plastered colorful handprints on the white concrete wall.

In keeping with the theme of this event, SASOD believes that in order for us as a nation to move forward and protect vulnerable children, marginalized groups, and all Guyanese from the dangers and inequalities that seek to rob us from a brighter future, we must remain committed to eliminating all forms violence and discrimination meted out to all Guyanese – including discrimination based on sexual orientation, gender identity and expression.

Guyana’s record on children’s rights was reviewed under the United Nations Convention on the Rights of the Child (CRC) in January 2013. Red Thread, Artistes In Direct Support (A.I.D.S.), Family Awareness Conscious Together (FACT) and SASOD partnered and presented a submission on sexuality and gender issues affecting children in Guyana to the CRC Committee. The Committee’s recommendations included that Guyana:

• Take all appropriate measures to explicitly prohibit corporal punishment in all settings, particularly in the domestic and school contexts:

• Strengthen and expand awareness-raising and education programmes and campaigns, in order to promote positive and alternative forms of discipline and respect for children’s rights, with the involvement of children, while raising awareness about the adverse consequences of corporal punishment on children:

• Address harmful cultural practices involving child abuse and exploitation;

• Establish procedures and guidelines to ensure mandatory reporting of child sexual abuse and exploitation cases pursuant to the Sexual Offences Act 2010;

• Prioritize the elimination of all forms of violence against children; and

• Address the prevalence of discrimination against Amerindian children, and children with disabilities and on the basis of sexual orientation and/or gender identity.

SASOD and the Guyana Equality Forum believe that part of their work is to ensure that days such as IDAHO are commemorated as a reminder that the path to achieving human rights for all is a continuous struggle, but one that can pave the way for a brighter future for all Guyanese.

High Court Hearing on Guyana’s Cross-dressing Law Adjourned to June 4

Joint Press Release from the Society Against Sexual Orientation Discrimination (SASOD)

and the Faculty of  Law University of the West Indies Rights Advocacy Project (U-RAP)

High Court Hearing on Guyana’s Cross-dressing Law Adjourned to June 4

GEORGETOWN, GUYANA

On Friday 10^th May, 2013, Guyana’s Chief Justice Ian Chang heard arguments in a constitutional challenge to Guyana’s nineteenth century cross-dressing law. The applicants are Quincy McEwan, Seon Clarke, Joseph Fraser, Seyon Persaud and the Society Against Sexual Orientation Discrimination (SASOD). The Faculty of Law University of the West Indies Rights Advocacy Project (U-RAP) is coordinating litigation in this case. The matter raises key questions about how the random application of outdated laws can increase the vulnerability of poor and powerless people to others’ prejudices. U-RAP argued that the law is unconstitutional because it violates fundamental rights to equality and non-discrimination.

The case of McEwan, Clarke, Fraser, Persaud and SASOD v. Attorney General was initiated four years ago following the February 2009 conviction and fine of seven individuals for violating section 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act. The 1893 law makes it a criminal offence for men to wear female attire and for women to wear male attire “in any public way or public place, for any improper purpose.” Other activities criminalised in section 153(1) are: grooming an animal in a public place; placing goods in a public way in town; beating a mat in a public way; flying a kite in the city; loitering around a shop and hauling timber in a public way.

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

Seon Clarke, litigant in the case questioned on Friday, “How can we still have these laws today? They are used to harass a particular set of Guyanese and it is not right. All the lawyers in court today, were in gowns that looked very much like dresses, shouldn’t they be charged too?”

Seyon Persaud, litigant in the case, added that the general attitude of the community is still very discriminatory and violent. This makes it extremely difficult to access employment, health care and to simply live. “I am Guyanese too and deserve to do all these rights like everybody else,” said Persaud.

The applicants argued that the law violates many provisions of the amended Guyana Constitution, particularly the rights to equality and non-discrimination in Articles 149 and 149D. As a general rule, any aspect of a law that is at odds with the Constitution is invalid.

Dr. Alissa Trotz, Associate Professor, Women and Gender Studies, and Caribbean Studies, at the
University of Toronto, and of Guyana’s Red Thread, pointed out that it was especially important to recognize and applaud the conviction of the four applicants as well as SASOD, for keeping a necessary spotlight on discrimination on the basis of sexual orientation and gender identity. “They make me so proud to be Caribbean,” she said. Further, it highlights how laws can be selectively applied to uphold not justice but a status quo that protects and works for the few, and where those without the so-called respectability of money and power can be regularly and readily targeted for persecution, Dr. Trotz contended.

The hearing comes at an opportune time for Guyana. This year the nation has several chances to engage in a rational discourse surrounding key human rights issues. As part of the Human Rights Council’s Universal Periodic Review process, a Special Select Committee of Parliament is considering arguments from a spectrum of stakeholders on law reform related to three issues - corporal punishment in schools, the death penalty and discrimination against lesbians, gays, bisexuals and transgender persons. Additionally, on-going nationwide community consultations will increase public engagement and education which are critical to changing perceptions.

SASOD’s Secretary of the Board of Trustees, Zenita Nicholson, explained that the constitutional challenge is part of this wider network of opportunities to examine the way people interact with one another, whether state agencies uphold the rights and dignity of all citizens, and the extent to which laws undermine equality.

Another hearing is scheduled for June 4^th 2013 in the High Court, Chief Justice’s chambers.

SASOD is a Guyana-based human rights advocacy organisation which is committed to promoting equal rights for all people, with a focus on eliminating discrimination on the grounds of sexual orientation, gender identity and gender expression.

U-RAP’s objective it is to promote human rights and social justice in the Caribbean by undertaking and participating in human rights litigation in collaboration with human rights lawyers and organisations. The team of lawyers involved in the current case includes Gino Persaud and Nigel Hughes. Attorney-at-law and U-RAP co-founder, Dr. Arif Bulkan, presented arguments on behalf of the applicants on Friday.

U-RAP co-founder Dr. Arif Bulkan speaking at a meeting with Transgender Guyanese on Friday.

U-RAP founder Tracy Robinson debriefing transgender Guyanese after Friday's court hearing.