Attorney General (AG) and Minister of Legal Affairs, Basil Williams SC has said that the proposed referendum to repeal laws which discriminate against the Lesbian, Gay, Bisexual and Transgender (LGBT) persons, is not set in stone.
The AG made this comment on Monday, during a meeting with the Society Against Sexual Orientation and Discrimination (SASOD) and the Guyana Trans United (GTU).
Williams SC told the human rights groups that the referendum is just one option being proposed and that it was not a Cabinet decision or the official position of government on the issue.
Following GEF’s submissions to the Inter-American Commission on Human Rights (IUACHR) regarding issues of human rights violations in Guyana, government, through Foreign Minister, Carl Greenidge touted a referendum to have laws amended to protect the LGBT community.
The proposed referendum was against reiterated by the AG in May during an event hosted by the Delegation of the European Union in Guyana and SASOD to commemorate the International Day Against Homophobia, Biophobia and Transphobia (IDAHOT).
In response to these expressed positions, the GEF and the Guyana LGBT Coalition stated that “all citizens of Guyana deserve basic human rights and the rights of a minority group should not be subject to a popular vote.”
Those bodies went on to state that: “Holding this divisive referendum will deepen the marginalization and isolation of LGBT persons as right-wing groups will undoubtedly heighten their homophobic rhetoric, as is already happening on social media.”
They suggested that instead of strengthening social cohesion and building national unity, the referendum would further divide Guyana, which still suffers from ethno-political conflicts.
“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” GEF and the LGBT Coalition said.
With the referendum not set in stone however, Minister Williams SC requested of SASOD to submit a draft bill to his office to include sexual orientation and gender identity (SOGI) under the Prevention of Discrimination Act 1997.
SASOD is calling for an amendment to the Prevention of Discrimination Act (1997), to include “sexual orientation and gender identity” as grounds for discrimination. The inclusion of “sexual orientation” into the act will protect persons who identify as lesbian, gay and bi-sexual, while “gender identity” will protect transgender persons.
Prohibited grounds for discrimination according to the law in its present form are: “race, sex, religion, colour, ethnic origin, indigenous population, national extraction, social origin, economic status, political opinion, disability, family responsibilities, pregnancy, marital status or age…”
Additionally, the human rights group is calling for an amendment to the Non-discrimination clause in Article 149 (2) of the Constitution. In this article, the words “sexual orientation and gender identity” are absent and according to SASOD, this allows for discrimination of persons who identify as a lesbian, gay, bisexual or transgender.
Meanwhile, SASOD clarified that the organisation at this time is not advocating for same-sex marriage but rather legislative protection from discrimination for LGBT persons.
Managing Director of that organization, Joel Simpson expressed at the meeting too, that SASOD is completely against the idea of a referendum on any human rights issue and is willing to engage parliamentarians at any given time.
GTU’s Communications Officer and Assistant Secretary on SASOD’s Board of Directors, Twinkle Kissoon also engaged Minister Williams on understanding gender identity and sexual diversity and informed him of some the social and legal issues affecting transgender persons in Guyana.
Kissoon was keen to point out some of these challenges, which include: the right to work without discrimination; and the right to live comfortably, while presenting as the gender to which they identify.
