That Referendum and Minority Human Rights

 

Two senior ministers in the APNU/AFC coalition Administration have indicated that Guyanese would likely vote on the decriminalisation of homosexuality here via a referendum to be held in the near future.

They posited the view that the referendum is necessary, given the indecisiveness of the country’s key legislative body and its belief that it is “unfit” to make such a sensitive decision. The Government has also expressed the view — through Foreign Affairs Minister Carl Greenidge and Legal Affairs Minister Basil Williams — that the decriminalisation of these archaic and discriminatory laws is a complex and less-than-straightforward issue.

In short, the Government apparently feels comfortable in simply passing to the people the buck and any backlash that may ensue from the decision made on the issue of the rights of the lesbian, gay, bisexual and transgender (LGBT) community.

Government also appears satisfied that the majority here could be trusted to decide the future of a minority grouping, while being the final adjudicators of whether they should be allowed to enjoy what is fundamentally a human right.

By choosing to go down the route of a referendum, one cannot help but notice the sinister politics being played by the coalition Administration to conceal its weakness and the fact that it lacks the political will to push through these reforms or expressively state its position on the subject matter.

It is no secret that the constituencies and many who supported the coalition Administration during the 2011 and 2015 elections are likely to oppose any attempt to legalise homosexuality in Guyana if the necessary steps and attempts are not made to properly educate them about the fundamental rights of such a minority group, as guaranteed by the Constitution of Guyana and several international charters and treaties to which Guyana is a signatory.

While a majority of people in Guyana do not support extremism and increasing levels of violence perpetrated against people in the LGBT community, if they are not given the necessary access to Government-funded resources to assist them in reaching higher levels of enlightenment about the real goal of the LGBT agenda, then they will reject the agenda altogether out of fear, ignorance, and lack of trust. Their fear, after all, is understandable, given the activism of the traditional branches of the church and right-wing organisations that have dedicated their entire thrust towards demonising the LGBT community here.

The continued inaction of the Government and the Guyana Police Force, the failure to seriously denounce all forms of violence against the LGBT community, and the reluctance to bring the perpetrators of these dastardly acts to justice swiftly have only contributed to the problem and the creation of a robust anti-change agenda in some sections of our society.

Any referendum without education and proper ‘expressed’ support from the Legislative and Executive branches of Government is likely to fail when it meets the wider populace. The Government must end its charade and address the issue frontally. It cannot continue to play Pontius Pilate at one time, and Caesar at other times, when the situation is to its political advantage.

The truth is that there are many people who still hold views similar to those expressed by Nicole Cole, a member of the Women and Gender Equality Commission. Any decision to put the lives of the minority LGBT community in the hands of the majority will see people like Cole seizing every opportunity to excite ill-will and violence directly or indirectly against the disadvantaged grouping. They will seek to up the ante, which in turn will see the currently prevailing record-high levels of tolerance for the LGBT community in Guyana decline sharply, as talks about traditional morals, values and religious beliefs take centre stage despite a tidal wave of tolerance having already done away with conformity to most of these social constructs. Also, members of the LGBT community would again be targeted, and indirect attempts would again be made to force their members underground. The hate rhetoric will re-emerge despite the positive lobbyism of human rights groups and other right-thinking Guyanese who understand the LGBT agenda. This, in turn, can lead to a revolution. The truth is: once a group feels it is discriminated against and suppressed, it will use the time in exile to multiply before choosing another suitable or opportune time to re-emerge stronger.

There should be countrywide debates on the subject matter, sponsored by Government. There should be consultations at every level of the community. Parliament itself cannot pass the buck, as it is responsible for changing laws which see LGBT people losing their lives; suffering from some of the most heinous forms of persecution, discrimination, and physical violence; and being forced to engage in less-than-desirable public acts and behavioural patterns.

No one has asked for a full turn of events. Change can be incremental. Government should take action to further protect the minority group, by first repealing discriminatory laws and then dealing with all of the other human rights’ violations over a period of time, with the help of a bipartisan commission dedicated to protecting the rights of all Guyanese who could be affected from such a change. As a nation, we have demonstrated religious tolerance; maybe it’s time for us to demonstrate higher levels of social tolerance. Whilst there is much that divides us, there is much more that unites us. Human rights are LGBT rights once and for all.