| For a summary of Guyana’s review at the second cycle please click here. |
8th UPR session
Date of review: 11 May 2010
Date of report adoption: 21 June 2010
Document number: A/HRC/15/14
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SUMMARY SOGIESC issues during Guyana’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
Equality and non-discrimination
2. JS1 noted that by signing the two resolutions of the Organization of American States (OAS) on Human Rights, Sexual Orientation and Gender Identity, Guyana took an important step in its commitment to end violence and related human rights violations committed against individuals because of their sexual orientation and gender identity. JS1 reminded Guyana of this commitment and recommended to amend the Constitution to include gender identity and sexual orientation as grounds for discrimination, so as to protect LGBT persons and allow for legal recourse.
3. JS1 indicated that transgender persons are discriminated against in Section 153 of the Summary Jurisdiction (Offences) Act, because it establishes as an offence a man appearing in female attire or a woman in male attire, “for any improper purpose”, in any public way or public place. AI called on Guyana to repeal all provisions, including Chapter 8.02 section 153 (1) (xlvii) of the Summary Jurisdiction (Offences) Act, which are used to discriminate against lesbian, gay, bisexual and transgender persons (LGBT).
4. According to JS1, there are two dominant cultural traits in Guyana which contribute to the discrimination of LGBT persons: a) the public tolerance of music with homophobic lyrics which call for the killing and maiming of homosexuals and b) the growing influence of foreign churches which fuel the religious homophobia in Guyana.
5. AI noted that Guyana has made progress in fighting discrimination in the workplace against people living with HIV/AIDS. In April 2009, a National HIV/AIDS Workplace Policy was introduced and reports of discrimination have gone down. However, AI stressed that the stigma and discrimination towards HIV/AIDS still remain a barrier to the successful implementation of treatment, particularly for members of the LGBT community. The discrimination they face from the general public and also directly from some health workers discourages them from obtaining HIV-related information, HIV testing and treatment. AI called on Guyana to combat discrimination and stigma surrounding HIV/AIDS and particularly against members of the LGBT community.
Right to life, liberty and security of the person
8. JS1 reported that police have been accused by cross-dressers of harassment and physical violence. Transgender sex workers mentioned that many police raped and brutalised them. JS1 recommended that members of the uniformed forces – police, prison and army – be educated and that their performance be evaluated on the basis of their obligations in terms of non-discriminatory treatment towards sex workers, LGBT persons and people living with HIV. It added that discriminatory and abusive behaviour on the part of police officers should be investigated and punished where necessary.
Right to privacy
14. JS1 indicated that the Criminal Law Offenses Act criminalises consensual sexual activity between males and ‘buggery’, adding that some police have reportedly used the existence of these laws for extortion. JS2 recommended that the Human Rights Council urge Guyana to bring its legislation into conformity with its international human rights obligations by repealing all provisions which criminalise sexual activity between consenting adults of the same sex. AI also called on Guyana to repeal all provisions allowing for the criminalization of same sex relations.
Right to social security and to an adequate standard of living
17. JS1 indicated that HIV is a serious health issue for men who have sex with men (MSM). According to JS1, there is an inconsistent response to LGBT persons who are in need of health care and related social services due to discrimination. JS1 recommended ensuring that the needs of LGBT persons are addressed within the healthcare system. It added that their health and well being should not be left to the selective judgements of the health care workers, and that health education has to be targeted at the populations who are especially vulnerable to HIV and AIDS.
II. Excerpts on SOGIESC issues from the national report
No references.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
17. With regard to the advance questions concerning discrimination against lesbian, gay, bisexual and transgender persons, the delegation indicated that no cases involving the harassment of lesbian or gay persons had been received by the Government through any of its complaint mechanisms. There had been one case in which a person had been charged with cross-dressing, and the matter was still before the court. Changes to laws required widespread consultation and a major change in attitude on the part of the populace. The Government’s attempt to include the phrase “sexual orientation” in the anti-discrimination clause of the Constitution had been met with widespread consternation and protest.
40. The Netherlands […] was concerned about violence and discrimination on the basis of sexual orientation.
52. The delegation of Guyana responded to issues raised during the dialogue. It took note of the issues raised in relation to corporal and capital punishment, as well as the criminalization of lesbian, gay, bisexual and transgender persons, and reiterated that those issues would take time to address and would require widespread consultation.
57. Australia […] expressed regret at the maintenance of criminal sanctions against sexual activity between consenting adults of the same sex, punishable by up to 10 years in prison, and at the retention of the death penalty, including as a mandatory sentence for some crimes.
58. Sweden While noting laws criminalizing sexual activities between people of the same sex, Sweden inquired about measures taken to guarantee non-discrimination against lesbian, gay, bisexual and transgender people.
61. The United States of America […] remained concerned about the continuing discrimination, violence and exploitation against vulnerable groups, particularly children; women; lesbian, gay, bisexual and transgender people; and indigenous communities.
67. […] Regarding the issue of lesbian, gay, bisexual and transgender persons, there was some degree of tolerance, but there remained a need for education and awareness, and that would take time.
V. Conclusions and/or recommendations
Guyana noted the following recommendations:
70.47. Remove legislation which discriminates against individuals on the basis of their sexual orientation or gender identity (Australia);
70.48. Combat discrimination on the basis of sexual orientation, and further promote dialogue in society so that no discrimination is justified on the grounds of culture, religion or tradition (Netherlands);
70.49. Repeal the laws which criminalize sexual activity between consenting adults of the same sex (Slovenia);
70.50. Decriminalize homosexuality between consenting adults, and repeal all legal provisions used to discriminate against LGBT persons (Italy);
70.51. Repeal the laws that criminalize consensual sexual activities between people of the same sex, and protect lesbian, gay, bisexual and transsexual persons from discrimination and violence (Sweden);
70.52. Repeal all provisions criminalizing sexual activities between consenting adults of the same sex, and reinforce its commitment to end violence and connected human rights violations committed against individuals based on their sexual orientation and identity (France);
70.53. Reconsider those provisions which criminalize consenting sexual relations between adults of the same sex, and intensify political initiative and legislative measures to combat any act of discrimination, including those committed against gender identity or sexual orientation (Spain).
VI. Further information
You will find all documents relating to Guyana’s first review at UPR-Info and OHCHR’s websites.