AG asks SASOD to submit draft bill on sexual orientation, gender ID
-referendum controversy discussed
The Society against Sexual Orientation Discrimination (SASOD) has been asked by Attorney General Basil Williams to submit a draft bill to his office to include sexual orientation and gender identity under the Prevention of Discrimination Act 1997.
This is in conjunction with two of the Ministry’s legislative drafters who were tasked to review the Prevention of Discrimination Act 1997, brief the AG and draft a bill to include sexual orientation and gender identity as protective categories as recommended by SASOD. These drafts are to be submitted by Williams to Cabinet for further deliberations.
Representatives of SASOD and the Guyana Trans United (GTU) met with Williams at his office on Monday to discuss whether Guyana’s laws which criminalise same-sex intimacy should be repealed by way of referendum. The government’s mentioning of a referendum on this matter had sparked controversy.
In a press statement following the meeting, SASOD said that Williams explained that the proposed referendum “is just one option being proposed and that it was not a cabinet decision or the official government position on the issue.”
The referendum was first mentioned by Government in its response to the Guyana Equality Forum (GEF) submission to the Inter-American Commission on Human Rights (IACHR) thematic hearing in the 161 st ordinary period of sessions which addressed issues of human rights violations against young persons in Guyana.
In that submission government said that “the issue of repeal [of discriminatory laws] was brought to the attention of the legislative arm of government on several occasions and it was deemed unfit for the legislature to decide on the matter.”
“As such, it was recommended, that the matter be taken to a vote, where the people of Guyana will decide by a referendum on these matters,” the submission continued.
Observers say this submission by the government to the IACHR now constitutes a formal position on the matter at an international forum and will be appended to Guyana’s human rights record.
Williams himself later said at an European Union event to commemorate International Day Against Homophobia, Biphobia and Transphobia (IDAHOT) that “the Government noted [in its IACHR
submission] that the Guyanese people are to decide in a referendum whether homosexuality should remain a criminal offence.”
While Minister of State Joseph Harmon has since claimed this was not a government decision, SASOD along with several other rights groups have come out in staunch opposition to a referendum.
The SASOD statement reports that Managing Director, Joel Simpson, fervently expressed to the AG on Monday that the organisation is totally against the idea of a referendum on any human rights issue.
SASOD maintains that the rights of a minority should not be subject to a popular vote and expressed its willingness to engage parliamentarians with a constructive plan to provide legislative protection against discrimination and repeal laws which perpetuate discrimination against LGBT persons.
“Holding this divisive referendum will deepen the marginalization and isolation of LGBT persons as right-wing groups will undoubtedly heighten their homophobic rhetoric...it will cause further stress and mental health burdens to lesbian, gay, bisexual and transgender (LGBT) Guyanese who will be exposed and targeted with homophobic vitriol in the public sphere and on social media, in particular,” the Guyana Equality Forum and Guyana LGBT Coalition have previously stated of the referendum.
SASOD’s statement also noted that during Monday’s meeting they clarified for Williams that the organisation at this time is not advocating for same sex marriage but rather legislative protection from discrimination for LGBT persons.