Dear Editor,

DURING the early morning hours of August 10, 2021, the National Assembly of Guyana debated the passage of the Summary Jurisdiction (Offences) (Amendment) Bill (No.6 of 2021). This bill was presented to the National Assembly by the Minister of Legal Affairs and Attorney General, Hon. Mohabir Anil Nandlall S.C. who, in his explanatory memorandum attached to the bill, iterated that the amendment merely gives effect to the judgement of the Caribbean Court of Justice in the McEwan case of 2018 to delete paragraph xlvii, of section 153(1) (the “crossdressing” clause) of the act. Minister Nandlall further explained that this procedural formality is a signal of the “Government’s commitment to fulfilling the human rights of all Guyanese.”

EQUAL Guyana, as a legally registered human rights organisation, commends the Government of Guyana for actioning this essential legislative amendment to bring Guyana closer into compliance with its international human rights obligations including the UN’s ICCPR. These human rights are universal; that is, they are afforded to all Guyanese and are protected by the Constitution which is the supreme law of Guyana. Fortunately, progressive-thinking minds understand that the laws which govern Guyana protect all persons from discrimination, but whilst some archaic colonial laws still have not been adequately reviewed, Guyanese of all backgrounds are entitled to life live authentically and free from fear of stigma, discrimination, and violence. These same principles apply to every cross-section of the Guyanese population regardless of race, religion, sex, gender (expression and identity), socio-economic background, or any other human characteristic.

It is with much regret that EQUAL Guyana must explicitly express concern about many of the remarks made in the National Assembly by the Ms. Annette N. Ferguson and Mr. Richard E. Sinclair. These remarks, in the opinion of mental health and human rights professionals at EQUAL Guyana, were inherently discriminatory, misinformed, intolerant, and collectively abhorrent to any forward thinking, learned Guyanese. The remarks made predominantly about LGBTQ persons included inferences about “sinful distortions”, “abominations”, “disgusting acts” and “defacements” based solely on unilateral religious perceptions, despite the religious diversity of Guyana which we celebrate. Undeniably, there is no place for the perpetuation of such ruthless discrimination in a democratic, developing state, governed by overarching principles of inclusivity and unity. Such blatant derogatory statements have no place in our society and are outrightly condemned by EQUAL Guyana.

EQUAL Guyana also wishes to make it clear that it, like many other high-standing human rights organisations in Guyana, will continue to fight for and protect the fundamental rights of systemically disenfranchised Guyanese including women, girls, people with disabilities, LGBTQ persons and other vulnerable groups.

Notwithstanding, EQUAL Guyana has noted that the bill received support from many other members of parliament including the Minster of Parliamentary Affairs and Governance, Hon. Gail Teixeira; Minster of Legal Affairs, Hon. Mohabir Anil Nandlall; and Mr. Khemraj Ramjattan. Government MPs reiterated that Guyana remains a secular state, and the same protections and freedoms which are afforded to religious persons are applicable to all. Their thorough presentations clarified that cross-dressing laws are not strictly circumscribed to transgender persons as was being peddled by the two members of parliament; rather, it is a more holistically impactful issue which affects various facets of fundamental human rights and Guyanese culture. These include entertainment, the arts, celebratory traditions, and the rights of all people including heterosexual, cisgender women and men; even going on to explain that lots of cultural garb may in fact have been in contravention of that outdated law.

EQUAL Guyana trusts that the Government of Guyana will continue to recognise the rights of Guyanese and make every effort to emancipate Guyana from archaic laws which have oppressed Guyanese of all backgrounds for generations. As Guyana shifts its focus to rapid development and economic diversification, the Guyanese culture of unity, peace, compassion, and democracy still resonates, and our motto remains “One People, One Nation, One Destiny”.

Yours sincerely,

The Trustees of EQUAL Guyana