Gaps in protecting LGBTI persons identified in Inclusion Index report

…as SASOD works to address discrimination at policy level

While Guyana’s laws have provided for Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) persons within society, there are loopholes where policies do not offer explicit protection or inclusion of these persons.
The report on Piloting Lesbian, Gay, Bisexual, Transgender and Intersex (LGBTI) Inclusion Index was launched on Monday at the Herdmanston Lodge, Georgetown.

The Index measures the level of inclusion of LGBTI people in strategic areas such as health, education, political and civil participation, economic empowerment; and safety and violence. It was developed by United Nations Development Programme (UNDP), in partnership with the World Bank and other international partners.
In January 2022, SASOD Guyana participated in a global training programme by the UNDP on how to pilot the index. It was decided that it would be piloted in Guyana to which consultant, Kesaundra Alves was hired.
Data on these areas were analysed after canvasing the legal and policy landscape. Inclusion from highest to lowest reflected health, politics and civil participation, economic well-being education and violence.
“We have no laws, thankfully since the cross-dressing law was struck down, that criminalise people on the basis of gender expression. That was a positive thing, but of course, we have existence of laws that criminalise same sex activity. In relation to gender recognition, we don’t have the right to choose our gender. That’s assigned to you at birth.”
“We did not find any restrictive laws that restrict freedom of expression, civil participation, etc of LGBTI persons and we found that NGOs are able to register freely. We have multiple organisations in Guyana that cater to the LGBTI population,” she underscored.
According to Alves, the Constitution of Guyana provides for overarching protection from discrimination for Guyanese in Article 149 (2) and the grounds under which it is prohibited. However, there is no expressed inclusion of Sexual Orientation, Gender Identity, Gender Expression, Sex Characteristics (SOGIESC).
“We found that in relation to employment, we have a Prevention of Discrimination Act that speaks to discrimination in employment. It does not cover for Sexual Orientation, Gender Identity and Gender Expression. So, LGBT would not be protected under the Prevention of Discrimination Act. It does provide for protection on the basis of sex.”

LGBTI inclusion
Meanwhile, Founder of Society Against Sexual Orientation Discrimination (SASOD), Joel Simpson said this study now gives a baseline and quantitative measure as it relates to LGBTI inclusion.
“The issue of inclusion refers to you making specific provisions for disadvantaged groups because you recognise that these groups have been marginalised historically, socially, economically in every sphere of society and you make specific provision to bring them in to society so that they aren’t left behind… What this methodology does is that it looks at inclusion at the level of laws and policies…It also draws to our attention, how the society is far ahead of the policymakers,” Simpson noted.
Highlighting that the organisation is significantly ahead of the country’s laws, Simpson shared that engagements have materialised with several sectoral Ministers of Government.
Particularly, the meeting with Parliamentary Affairs and Governance Minister Gail Teixeira focused on addressing discrimination.
“That was a very, very fruitful discussion on the Prevention of Discrimination Act 1997. We discussed what would be an appropriate strategy for advancing an amendment to that legislation. One of the things we proposed is to sensitise, in particular, social services committee,” Simpson noted. (G12)