Dear Editor,
The Society Against Sexual Orientation Discrimination (SASOD) and Guyana Trans United (GTU) wish to comment on the response by the Government of Guyana to our submissions in the petition on the “Human Rights Situation of Young Persons in Guyana” brought up by the Guyana Equality Forum (GEF) member organisations during the 161st Period of Sessions of the Inter-American Commission on Human Rights (IACHR) on March 22, 2017.
SASOD and GTU raised three key issues affecting lesbian, gay, bisexual and transgender (LGBT) youth: homophobic and transphobic bullying and discrimination in schools, leading to underperformance and school drop-outs; unemployment, underemployment and workplace discrimination; and health disparities and barriers to accessing quality healthcare services in Guyana.
The Government cited many provisions of the Guyana Constitution, stating that LGBT persons are well protected by the state but failed to disclose that sexual orientation and gender identity are not included as grounds of protection in Article 149 on protection from discrimination in the Guyana Constitution’s nor are they expressly referenced in any of the other equality-rights articles of the Constitution.
On the matter of workplace discrimination, the Coalition Government responded that Guyana has maintained its position in keeping with established human rights conventions by advocating for and providing equal opportunities for all Guyanese. “No person should be discriminated against on the basis of gender identity and sexual orientation since everyone has the right to work, pension and gratuity,” the Government’s response to the GEF submissions states. It then quotes Article 149 (A) of the Constitution which states that all citizens have free choice of employment and further quotes Article 149 (F) which prohibits discrimination against women on the grounds of gender and sex.
SASOD recommended at the hearing that the Government of Guyana amends the Prevention of Discrimination Act of 1997 to include sexual orientation and gender identity as grounds for discrimination in relation to employment. These stated grounds will protect LGBT persons and offer legal recourse when they suffer discrimination. The APNU+AFC Government has not addressed this recommendation in their response. While LGBT persons are supposed to have the benefit of all their constitutional rights, including the right to work, they face discrimination in fulfilling these rights, as sexual orientation and gender identity are not expressly included as grounds for protection in the laws themselves.
The Government in its written response to the IACHR has quoted a wide range of articles related to fundamental rights and freedoms in the Guyana Constitution. None of these provisions include any expressed references to protection based on sexual orientation and gender identity. The Coalition Government in its written response has evaded the issues raised by the petitioners by citing these general provisions in the Constitution. Specifically as it relates to laws, policies and mechanisms to address discrimination against LGBT persons, their lack of specific responses demonstrates that the Coalition Government has fallen woefully short in meeting its obligations to LGBT citizens, despite its two-year old elections manifesto commitment and the often progressive positions by its Ministers in the press.
Students are being bullied and expelled from schools because of their real and perceived sexual orientation and gender identity. Employees and job applicants are being dismissed and told to subdue their sexual orientation, gender identity and gender expression to appease employers’ and public biases. As recently as last month, two transgender women were barred from attending their own matters in court by Magistrate Dylon Bess – which amounts to violations of several of the very fundamental rights and freedoms under the Guyana Constitution which the Government cited in its response to IACHR. Transgender persons are being placed in hospital wards that do not correspond with their gender identities and are being harassed by patients and healthcare workers alike. There was no response by the Government to these issues.
In addressing LGBT students who need protection from being bullied by students and school officials, SASOD and GTU recommended that the Ministry of Education update their Code of Conduct for teachers to include sexual orientation and gender identity as forms of discrimination that should not be perpetuated in schools. This recommendation was not addressed in the Government’s response either.
Our submission recommended practical interventions and policy updates which do not require legislative changes but the Government’s response was heavily focused on decriminalizing same-sex intimacy.
The Government in recognizing that human rights are the birthrights of all human beings, and in admittance that this has no exception and they are committed to implementing the rule of law, contradicted itself by saying “as it relates to the prohibition of discrimination on the basis of sexual orientation and one’s sexual identity, and the repealing of laws to criminalise homosexuality … much more has to be done regarding a collective and consensual approach and the implementation to fulfill such rights.” The state must meet its human rights obligations to all citizens without exception. Laws and policies which are discriminatory against any group in society should be repealed forthwith. Is the Government suggesting that there is need for national consensus to respect and protect the rights of a minority group? Minority rights should never be subjected to majority rule. The true test of Guyana’s fledgling democracy will be how it protects the rights of its most marginalized and vulnerable citizens.
The Government’s response to IACHR inaccurately stated that it was recommended by parliament that decriminalizing same-sex intimacy be taken to a vote where the people of Guyana will decide by a referendum. In November 2012, the National Assembly set up a special select committee to look at three sets of recommendations from the 2010 United Nations’ Universal Periodic Review (UPR) on Guyana’s: abolition of the death penalty, prohibition of corporal punishment in schools and protection from discrimination and decriminalizing LGBT activities. The sloth-like parliamentary special select committee never began its work until a year later, commencing with the issue of corporal punishment. In November 2014, parliament was prorogued, thereby ending the life of the special select committee without any work starting on the LGBT human rights issues.
According to the Government’s response to the IACHR, His Excellency President Granger “has contended and signaled his support for the reformation of the laws with respect to the LGBTI community.” SASOD and GTU welcome and commend His Excellency for his support, but contend that the proposed amendment to the Prevention of Discrimination Act 1997 and repeal of laws criminalizing same-sex intimacy and cross-dressing only require a simple majority which the Granger-led administration in parliament could pass, given His Excellency’s declaration and willingness to assent to these legislative changes.
Yours faithfully,
Twinkle Bissoon
Communications Officer, GTU
Jairo Rodrigues
Social Change Coordinator, SASOD
