It is important that Guyana move quickly to enact anti-discrimination laws as discrimination and homophobia “is a very real problem” for the Lesbian, Gay, Bisexual and Transgender (LBGT) community here, outgoing Deputy Chief of Mission at the US Embassy here, Bryan Hunt has said.
“I would encourage this government to move forward as quickly as it possibly can to bring that anti-discrimination legislation before parliament and ensure that sexual orientation and gender identity become protected under Guyanese law,” Hunt told Stabroek News in an interview last week. He said that such laws should also cover medical status.
According to the US diplomat, there are a number of issues that contribute to stigma, discrimination and homophobia and he highlighted the one that needs to be examined is where crimes have been committed against persons because of their known or perceived gender identity or sexual orientation.
He pointed to the number of documented cases that the Society Against Sexual Orientation Discrimination (SASOD) has of persons who have been assaulted, raped, and even murdered because of their known or perceived sexual orientation or gender identity.
“The cases have not been adequately investigated, the perpetrators have not been brought to justice and that needs to change. We need to see that whoever is a victim of crime, for whatever reason they are a victim of a crime, they should expect that their perpetrator will be brought to justice and will be charged,” the US envoy said.
“And the fact that these have not happened in the case of these very high profile assaults and crimes against folks, who either are or who are perceived to be members of the LGBT community, really creates distrust in law enforcement. On the part of the community too, it creates a sense of impunity within society that somehow this is acceptable behaviour, which it is not. So I would urge the government that in addition to anti-discrimination legislation, to really work with the police force and the judiciary to make sure that these sorts of crime are not allowed to go unpunished,” he declared.
‘Cross dressing legislation’
Hunt said he also believes that cross-dressing legislation needs to be seriously looked at since the current law is opaque and subject to interpretation.
“I know that the Guyanese High Court ruled on that almost two years ago now but the ruling really did not clarify the issue because of how it was written. It did not state what an improper purpose was. I think there needs to be some serious looks, either through the courts or through the legislature, in order to clarify that particular point and to ensure that people are able to express their gender identities as they see fit,” he said.
He also emphasised that the citizenry must know that although cross-dressing legislation was being addressed, it is still unacceptable to try to use this medium of expression as a means to engage in criminal activity. According to Hunt, cross-dressing needs to be in law, “as narrow a category as possible and in general, give the members of the transgender community the right to express their gender identity.”
‘Constitutional Reform’
The American diplomat, who has spent three years serving his country in Guyana, also said he believes that constitutional reform is needed. He said he believes that with political will on all sides of the divide, it can be attained within the next two years. He emphasised that politicians must understand that the process and its end result must coincide with the will of citizens.
“We obviously don’t want to rush the process. I think it is important for the Guyanese people to get this right. If a decision is made by the government to embark upon a constitutional process I would hope that it would involve full consultation with stakeholders across the country so that whatever changes are ultimately made will address the longstanding concerns of many Guyanese about their desire to be more full participants in their governments,” Hunt asserted.
“Do I think this can be done in the near term? I think that where there is a will by both the government and the opposition to hold such consultations, to have a national dialogue with the Guyanese people, and to listen to what their input is, I think yes, your country can have a successful reform process over the next 12, 18 months but it depends on the goodwill of both the government and the opposition,” he said.
“Both sides will really need to work in tandem if this is going to be successful and they have to demonstrate a real genuine willingness to seek out points of views, to listen to points of views and to really look at how they can creatively begin to reform a process that I think many Guyanese have identified the problem with much more articulately than I have. But I think it can be done,” he asserted.
Hunt said he believes that the APNU+AFC coalition has demonstrated that it very much wants to have a dialogue related to constitutional reform. In this regard, he pointed to the work done by a committee headed by attorney Nigel Hughes, which has submitted to government, a report on how constitutional reform can be undertaken. The American diplomat also cited comments by Prime Minister Moses Nagamootoo who, he said, “has been very clear in his statements to the parliament that he believes that the process should begin.”
To this end, Hunt said, he is hopeful that the opposition will take the hand that has been extended by the coalition government and begin to look at the issue and work collaboratively in the best interests of Guyana.
“This is not a process that is about one party’s interest or the other party’s interest or the government’s interest or the opposition’s interest. What we are really talking about is the interest of the nation, the interest of the people of Guyana so I am hopeful that the two sides will work together. Certainly, the government has indicated its desire. In fact, the opposition has indicated that it believes that there are areas that discussion is required so I am hoping that the two can come together and agree to a process,” he said.
‘Shared responsibility’
Meantime, Hunt advised political parties, especially those in government, to pay heed to perceptions by the populace as it pertains to how they feel about their issues being addressed. He said they should work towards serving the entire populace.
“Perception in some cases is more important that the reality in some cases. The perception of many Guyanese is that they feel they do not have an adequate voice in the government and that does not seem to vary whether it’s been the PPP/C that is sitting in power or APNU+AFC that is sitting in power. There is a sizable portion of the population that feels that they are not adequately heard, represented, included in government decision-making and how they address that is something the politicians are going to have to discuss among their selves and I think they need to talk with the Guyanese people,” he declared.
“If I were to give advice, one, is to begin a dialogue with those communities that have expressed concern about their lack of inclusion within the governing process and ask them what they think would help to improve the situation,” he added. Hunt noted that he could not advise on what processes should be used as he is from a different culture and would be the “least apt” person to.
“A little bit of listening and a little bit of honest dialogue will go a long way in trying to address …this is a shared responsibility and they have to ensure that the structures at the government level are not inadvertently excluding a large number of Guyanese,” he declared.
