SASOD calls for an  inclusive Guyana - without discrimination on the grounds of sexual orientation. 

What is SASOD?                      

 Society Against Sexual Orientation Discrimination (SASOD) is an independent network of students, mostly from the University of Guyana, who  recognise the struggles of gay and lesbian Guyanese in different contexts.  SASOD is also supported by individuals who through their own work have  also recognised that many gay and lesbian Guyanese suffer silently as they come to terms with their sexual orientation.

Background                      

Under section 15(a) of the bill titled “the Constitution (Amendment) (No. 5) Act 2001,” the constitutional definition of discrimination was expanded to   include sexual orientation as one of the bases of discrimination. The national assembly of the Seventh Parliament with a 55-0 majority vote unanimously  approved this bill. The President did not assent to this bill and it is therefore not yet law since some religious sects were opposed to the amendment in section 15(a).                       

A new bill titled “Constitution (AMENDMENT) (No. 2) BILL 2003” is now before the Eighth Parliament without the sexual-orientation clause. This clause  is now in a separate bill titled the “Constitution (AMENDMENT) (No. 4) BILL 2003.                      

Under Article 170(5), as amended by section 8 of the Constitution (Amendment) (No. 4) Act 2000, the President is required to assent to any bill which is returned by the National Assembly unaltered after a two-thirds majority within 90 days of its presentation to him. By this amendment, the President no longer has final veto power over any act of parliament. The National Assembly is now the final legislative authority of the land. The onus is on members of the Eighth Parliament therefore to adequately represent their constituents which includes lesbian, gay, bisexual and transgendered Guyanese.                      

Sexual Orientation Defined                     

The term sexual orientation is defined by American Psychological Association as an enduring emotional, romantic, sexual or affectional attraction to another person. Sexual orientation exists along a continuum that ranges from exclusive homosexuality to exclusive heterosexuality and includes various forms of bisexuality. Sexual orientation is different from sexual behavior because it refers to feelings and self-concept. Persons may or may not express their sexual orientation in their behaviors. Therefore, a clause that prohibits discrimination on the grounds of sexual orientation would also protect  heterosexuals. It would then be inaccurate to infer that the clause only protects homosexuals, as some religious groups have done. The view has been expressed that sexual orientation is really homosexuality in disguise. SASOD vehemently rejects such propaganda as irresponsible on the part of  religious leaders who in turn might be misleading their followings. This is a claim to an equal right available to all other people and not a special right or a  gay rights provision as some people are believing. At the same time, SASOD also recognizes that it is  citizens of a same-sex or both-sex orientation, specifically gay, lesbian, bisexual and transgendered Guyanese, who need this constitutional protection because they are perceived to be the ‘numerical minority.’  

 Sexual Orientation and International Human Rights                       

The learned author, James Wilets reveals, in his wide-ranging global survey, titled “International Human Rights Law and Sexual Orientation,” that sexual minorities in the practice of states and civil society are often excluded from the protection afforded to all people. Though these freedoms are guaranteed by international law and very often by national laws to all people, he concludes that when it comes to sexual minorities, these basic rights are violated  with impunity. Wilets blames the state for the violation of the rights of sexual minorities because it plays a positive role “in encouraging violence by its  passivity and in promulgating laws criminalizing or discriminating against sexual minorities.”

Constitutional Reform in other Jurisdictions 

SASOD calls on the Eighth Parliament to recognize progressive constitutional reform made by other developing countries in this regard. The new constitution of South Africa adopted on December 10, 1996 is the first in the world to expressly include sexual orientation as a prohibited ground of   discrimination in its non-discrimination clause. The constitution also allows for affirmative action measures to achieve equality. The position of human rights of sexual minorities is further strengthened due to the provision in the South African constitution which provides that international law must be

considered in the interpretation of the Bill of Rights. The constitution also provides that foreign case law may also be considered. This means that progressive decisions in all jurisdictions become instrumental in interpreting the South African Constitution. The South African constitution also shows  that it was a product of the struggles of black, socialist and gay/lesbian people and when the time came to make a new beginning an attempt was made to include all minorities. Due to the courage of those who were in the anti-apartheid movement and still identified themselves on the basis of a gay/lesbian

identity, South Africa had the first democratic revolution in which gay/lesbian people were taken to be equal citizens with their heterosexual compatriots.                    

No Rights for Same-Sex Marriage and Adoptions 

SASOD commends the Inter-Religious Organization (IRO) for recognizing that discrimination should be opposed in all forms and that no one should be discriminated against on the grounds of their sexual orientation. SASOD also hears the concerns of the IRO that such an amendment could be used to  give persons of the same-sex the rights to marry and adopt children. We address these concerns by referring to Article 149(3)(b) of the constitution   which expressly states that protection from discrimination will not apply to laws which make provision for adoption, marriage, divorce, burial, devolution of property on death or matters of personal law. Therefore, there remains no reason for not translating the IRO’s moral support for non-discrimination on the grounds of sexual orientation into constitutional protection.

Sexual Orientation and Child Abuse                    

SASOD strongly objects to the view proposed by some religious leaders that opposing discrimination on the basis of sexual orientation means promoting the sexual abuse of children. SASOD believes that pedophilia is a grave and heinous crime and encourages our lawmakers to review our laws to ensure that all perpetrators of sexual violence – regardless of their sexual orientation - could be brought to justice without trauma to their innocent victims.

 Governance and Constructive Engagement                   

SASOD hopes that all Members of Parliament will be available to engage in open and honest discussion so that they could be informed about the views and express their own views on the inclusion of sexual orientation as one of the bases for non-discrimination. We call on all parliamentary parties to refrain from using the parliamentary whip and allow a vote of conscience on this amendment. This will allow non-governmental organizations, interest groups and citizens to lobby the  parliamentarians individually, rather than collectively, so that there will be a vote that is truly reflective of ‘the will of the people’ and not of any party’s political tactics. SASOD also hopes that the Members of Parliament do not succumb to the fears based on preconceived biases and prejudices when voting on this amendment in the National Assembly.

We close with the words of Ms. Coretta Scott King, widow of Dr. Martin Luther King Jr. and noted civil rights activist,  “freedom from discrimination  based on sexual orientation is surely a fundamental human right in any great democracy, as mush as freedom from racial, religious, gender, or ethnic discrimination.” She continued, “…Martin Luther King Jr. said that ‘Injustice anywhere is a threat to justice everywhere.’” “I appeal to everyone who believes in Martin Luther King Jr.’s dream to make room at the table of brotherhood and sisterhood for lesbian and gay people.”

 Contact Information

SASOD's website has several links to internet resources and research done by members: http://www.geocities.com/sasod_guyana

Telephone: 626-8906; 621-4413; 624-4108.

E-mail: [email protected] 

Contact persons: Kayreen Stephenson, Joel Simpson, Alana Lancaster and support from Vidyaratha Kissoon.

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