LGBT rights in Guyana

LGBT rights in Guyana

Same-sex sexual activity legal? Male illegal.
Female "indecent acts" illegal.
Penalty:
 2 years in prison for gross indecency between men, 10 years in prison for attempted buggery, life in prison for buggery
Gender identity/expression Cross-dressing illegal
Military service Yes, according to the Army Chief of Staff Commodore
Discrimination protections None
Family rights
Recognition of
relationships		 Same-sex marriage illegal
Adoption Unknown

Lesbian, gay, bisexual, and transgender (LGBT) persons in Guyana face legal challenges not experienced by non-LGBT residents. Guyana is the only country in South America where homosexual acts are still illegal. Under the laws of Guyana, homosexual acts carry a possible punishment of life imprisonment. Recently, there have been efforts to decriminalise homosexual acts. President David A. Granger supports these efforts.

Laws about same-sex sexual activity

According to the Criminal Law (Offences) Act of Guyana:[1]

Section 352. 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 misdemeanour and liable to imprisonment for two years.
Section 353. 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 ten years.
Section 354. Everyone who commits buggery ... shall be guilty of felony and liable to imprisonment for life.
Section 355. Everyone who-
(a) does any indecent act in any place to which the public have or are permitted to have access; or
(b) does any indecent act in any place, intending thereby to insult or offend any person,
shall be guilty of a misdemeanour and liable to imprisonment for two years.

The law does not specifically define "buggery", "gross indecency", or "indecent".

Decriminalization efforts

Following a call from Dr. Edward Greene, the United Nations Special Envoy on HIV/AIDS to the Caribbean, to decriminalize homosexuality,[2] the Guyana Government announced in April 2012 that it was launching a national debate on whether to overhaul the country's laws that discriminate against LGBT people. Religious groups voiced their opposition to any changes in those laws.[3]

In 2013, the Government created a parliamentary commission to decide whether to scrap the country's buggery laws. It started receiving public submissions in early 2014.[4]

In April 2017, the Government announced it would hold a referendum to decide whether to decriminalize homosexuality.[5] However, in May 2017, Pink News reported that no referendum would be held, as several Guyanese media organisations had misunderstood the Government's position.[6]

President David A. Granger supports legalising same-sex sexual acts. In 2016, he said: "I am prepared to respect the rights of any adult to indulge in any practice which is not harmful to others."[6]

Recognition of same-sex relationships

According to a document published in October 2006, same-sex marriages are illegal in Guyana.[7]

Adoption and parenting

According to the U.S. Department of State, an LGBT person is not disqualified from adopting a child in Guyana. Both married and single people may adopt.[8]

In December 2015, the Director of Guyana's Childcare and Protection Agency (CPA), stated that the CPA does not discriminate as there are no laws barring LGBT individuals and same-sex couples from adopting, being foster parents or guardians. The statement also encourages LGBT individuals to become adoptive parents and reiterates the lack of legal barriers as the Director of the CPA can issue a mandate determining which potential applicants can adopt under the Childcare and Protection Act.[9]

Discrimination protections

LGBT flag map of Guyana

In December 2000, the National Assembly of Guyana unanimously approved a proposed amendment to the Constitution that would have prohibited discrimination based on sexual orientation. But the efforts of religious leaders prior to the March 2001 elections caused President Bharrat Jagdeo to deny his assent to the amendment.[10] A new amendment, containing only the sexual orientation clause, was put before the Assembly in 2003,[10] although it made no progress and was later withdrawn by the Government.

Although laws regarding homosexuality in Guyana are not known to have been enforced in recent years, discrimination against LGBT persons is widespread in Guyana due to the heavy influence of Christianity and Biblical law, in both social and political norms. British law criminalized same-sex activity which stood well after Guyana's independence, and created a homophobic society. The vast majority of Guyana's population frown upon homosexuality. LGBT persons continuously face violence and verbal harassment in Guyana, at the hands of law enforcement, religious leaders and others, and because of this, most keep their sexual orientation hidden.

Gender identity and expression

Under Guyanese law, cross-dressing is illegal. In 2009, several transgender activists were arrested for wearing clothes of the opposite sex.[11] In 2010, Guyana Trans United launched a Supreme Court challenge against the cross-dressing law. In 2013, Chief Justice Ian Chang ruled that cross-dressing was legal unless done for an "improper purpose". Guyana Trans United appealed the case to Guyana's Court of Appeal, denouncing the law as discriminatory and unconstitutional. However, the Court of Appeal subsequently upheld Chang's ruling. The case is currently being appealed to the Caribbean Court of Justice.[12]

In 2017, a transgender woman was assaulted and attacked in the capital city of Georgetown. She reported the attack to the police and filed a case against her attacker before the Georgetown Magistrates Court. On 2 March, the day the verdict was announced, she was denied entry into the courtroom because she wasn't "dressed like a man". The court later dismissed the case.[12]

Military service

Army Chief of Staff Commodore Gary Best declared in November 2012 that the Guyana Defence Force (GDF) has no problem with same-sex relationships.[13]

No one is discriminated against at the GDF. So, same-sex relationships is not a problem but how persons conduct themselves.[13]

Best's statement came after the GDF sanctioned two female soldiers for engaging in a sex act with each other. A video of the act was leaked to the public.[13] The sanctions caused former Speaker of the National Assembly Ralph Ramkarran to criticize homophobia in the disciplined forces as well as the government's evasive approach on the issue of same-sex relations.[13]

Demographics

According to a 2013 survey by the Caribbean Development Research Services Inc. (CADRES), roughly 8% of Guyanese society identifies as LGBT, with roughly 2% identifying as gay, 1% as lesbian, and 4% as bisexual. Another 15% answered that they did not want to state their sexual orientation.[14]13 The same survey found that half of Guyanese people have a gay friend and a quarter have gay family members.[15]

Public opinion

A 2013 study by CADRES found that about 24% of respondents "hate" homosexuals, while 38% are "tolerant," and 25% are "accepting." Broken down by religion, the study concluded Evangelical Christians were the most opposed to homosexuality, with Non-Evangelical Christians were the most accepting. Hindus and Muslims were somewhere in between.[16] A plurality of people in the survey stated that homosexuality was not an illness, but rather, a choice[17] Slightly more than half (53%) of Guyanese support the criminalization of homosexual acts,[18] but that more than half (52%) also stated they would be willing to change their minds if such laws "contributed to social and psychological problems" among the LGBT community.[19] The 2013 CADRES study observed that 14% of Guyanese people support legalizing same-sex marriage,[20] while a 2010 Vanderbilt University study found that 7.5% of respondents support same-sex marriage.[21]

Summary table

Same-sex sexual activity legal (Penalty: Up to life imprisonment; not enforced)
Equal age of consent
Anti-discrimination laws in employment only
Anti-discrimination laws in the provision of goods and services
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)
Same-sex marriages
Recognition of same-sex couples
Stepchild adoption by same-sex couples [9]
Joint adoption by same-sex couples [9]
LGBT people allowed to serve openly in the military (Since 2012)
Right to change legal gender
Access to IVF for lesbians
Commercial surrogacy for gay male couples
MSMs allowed to donate blood

See also

References

  1. ↑ Criminal Law (Offences) Act, Guyana
  2. ↑ "Caribbean plans regional approach to abolish gay laws", Demerara Waves Media, authored by Denis Scott Chabrol, 19 February 2012
  3. ↑ "Guyana seeks public opinion on controversial laws", reported by Bert Wilkinson, The Associated Press, published on the website of The Salt Lake Tribune, 4 April 2012
  4. ↑ Demara Waves. Guyana's gay rights organisation preparing for parliamentary select committee. Retrieved 1 December 2013.
  5. ↑ "Referendum to decide legality of homosexuality". Guyana Chronicle. 20 April 2017.
  6. 1 2 Guyana will not hold a referendum to decriminalise homosexuality, despite widespread reports
  7. ↑ "Guyana: Treatment of homosexuals and state protection available to them (2004 - September 2006)", Immigration and Refugee Board of Canada, 20 October 2006
  8. ↑ "Intercountry Adoption: Guyana", Bureau of Consular Affairs, United States Department of State, September 2010
  9. 1 2 3 Homosexuals can adopt, be foster parents, guardians – CPA Director
  10. 1 2 "Constitution (Amendment Number 2) Bill No. 9 of 2003". Government Information Agency. 2003-07-18. Retrieved 2009-01-25.
  11. ↑ Transgender activists in Guyana are fighting against archaic laws
  12. 1 2 Guyana's transgender activists fight archaic law
  13. 1 2 3 4 "Army won't discriminate against its gay soldiers", The Daily Herald, 21 November 2012
  14. ↑ Wickham & Hinds 2013, p. 5.
  15. ↑ Wickham & Hinds 2013, p. 15.
  16. ↑ Wickham & Hinds 2013, p. 17.
  17. ↑ Wickham & Hinds 2013, p. 21.
  18. ↑ Wickham & Hinds 2013, p. 28.
  19. ↑ Wickham & Hinds 2013, p. 35.
  20. ↑ Wickham & Hinds 2013, p. 32.
  21. ↑ Lodola, Germán; Corral, Margarita (2010). "Support for Same‐ Sex Marriage in Latin America". AmericasBarometer Insights. 44: 2.

Sources

This article is issued from Wikipedia. The text is licensed under Creative Commons - Attribution - Sharealike. Additional terms may apply for the media files.