Referendum will ‘stress out’ homosexual community
From left , Karen De Souza of the Red Thread group , Joel Simpson of SASOD and Melinda Janki, Executive Director of the Justice Institute of Guyana at Wednesday’s press briefing
From left , Karen De Souza of the Red Thread group , Joel Simpson of SASOD and Melinda Janki, Executive Director of the Justice Institute of Guyana at Wednesday’s press briefing

— Simpson bemoans; Jagdeo baulks at discriminatory laws

The Society Against Sexual Orientation Discrimination (SASOD) and its partners are opposed to Government’s plans to hold a referendum on homosexuality and laws which discriminate on the basis of sexual orientation and identity.

And Opposition Leader, Bharrat Jagdeo believes that the relevant laws which may be discriminatory may have to be changed.

But in the same breadth, Jagdeo said he does not believe the country is ready for same-sex unions, a subject which he said the Opposition is willing to approach in a bipartisan method with the Government.

“We made it clear, we had two views coming from the public, one which our party felt strongly about, that people must not be discriminated against because of their sexuality or preferences,” Jagdeo said at a press briefing at the Office of the Opposition Leader on Wednesday.

He said the former Peoples Progressive Party (PPP) government changed the laws to reflect its position. Secondly, he said there was public outcry at the time against moves which were made by the PPP government to make same-sex unions a fundamental right, noting that Non-Governmental Organisations (NGOs) and the religious community were among others opposed to the move.

Earlier on Wednesday, Executive Director of SASOD, Joel Simpson told reporters that the society will not support the move to referendum. Simpson was flanked by Melinda Janki, the Executive Director of the Justice Institute of Guyana and Karen De Souza of the Red Thread group.

“This referendum will not be supported by the Guyana LGBT Coalition [Guyana Trans United (GTU), Guyana Rainbow Foundation (GuyBow) and SASOD which are the three LGBT-led Guyanese groups,” he said.

He said the Guyana Equality Forum, another umbrella body, will also not support the move to decide on any rights issue by popular vote.

Simpson said Guyanese deserve basic human rights and the rights of a minority group should not be subject to a popular vote.

“This divisive referendum will deepen the marginalisation and isolation of LGBT persons as right-wing groups will undoubtedly heighten their homophobic rhetoric, as is already happening on social media,” he said.

MENTAL HEALTH BURDEN
Simpson said instead of strengthening social cohesion and building national unity, the move will further divide the country, causing more stress and “mental health burden” to local lesbian, gay, bisexual and transgender (LGBT).

De Souza said Red Thread supports the position of SASOD. She said while government has made guarantees regarding the protection of LBGT persons, in reality members of that group continue to face discrimination.

She described the move to referendum as a “delay tactic” to hide discrimination of members of the LBGT community.

Janki noted too that the Justice Institute opposes referendum on the issue.

“As a legal institute we are deeply concerned that the ‘buggery laws’ or ‘sodomy laws’ as they are commonly known are contrary to the fundamental values of Guyana’s Constitution and to international law,” Janki said.

NOT READY
Later in the day, and in response to a question on the subject, Jagdeo told reporters that based on consultations which the previous administration undertook , he does not believe the country is ready for same-sex marriages.

“I am speaking about this not only as the Leader of the Opposition, but I have spoken with many people,” he said of his position on same-sex marriages.

He said a parliamentary committee dealt with the matter under the PPP and suggested that the issue should be approached in a bi-partisan way “in order for the country to move forward in terms of (addressing LBGT persons) their preferences”.

The Guyana Chronicle reported this week that having recently indicated that it will move to a referendum to determine the legality of homosexuality, Foreign Affairs Minister Carl Greenidge believes that the situation is a sensitive one and requires careful attention.

Guyana had voted against funding for an independent investigator appointed to assist with protecting the rights of gays and transgender people, at the United Nations and Greenidge in an interview with this newspaper recently, said government is not against the funding, but rather is against certain provisions contained in a particular resolution rather than against the entire agenda.

He maintained that the country has not changed its position on the matter while noting that the same resolutions are put to the table years at a time, but oftentimes return with changes.

LIFE IMPRISONMENT
In Guyana, homosexual acts carry a possible punishment of life imprisonment. Section 352 of the Criminal Law Offences Act, states: Any male person who, in public or private, commits, or is a party to the commission, or procures or attempts to procure the commission, by any male person, of any act of gross indecency with any other male person shall be guilty of a misdemeanor and liable to imprisonment for two years.

Section 353 states: Everyone who (a) attempts to commit buggery; or (b) assaults any person with intent to commit buggery; or (c) being a male, indecently assaults any other male person, shall be guilty of felony and liable to imprisonment for 10 years.
Section 354 and 355 further state that: Everyone who commits buggery… shall be guilty of felony and liable to imprisonment for life.

Last month, the APNU+AFC government announced that Guyanese will have a chance to vote on whether they believe homosexuality should remain a criminal act, or if those laws which criminalise it should be struck down via a referendum.

This was conveyed in a letter to the Inter-American Commission on Human Rights (IACHR) following the 161st Ordinary Period of Sessions which addressed issues of human rights violations against young persons in Guyana.

Greenidge believes that when the government has made a commitment to hold a referendum on the issue, then it will honour it.

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