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I knew an elderly man who was not in agreement with women and girls wearing pants. A teenager at the time, I used to be fearful about him seeing me when I was dressed in pants even when I was not on the premises of the religious institution where most of the admonishment occurred.

He based his criticisms on Deuteronomy 22:5: “The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman’s garment: for all that do so are an abomination unto the Lord thy God.”

After a while, in the spirit of rebellion, I wore pants with little thought as to what the elder or other persons thought or said about it. I reject any attempt by individuals, state or religion to control one’s freedom. No one should stay silent if any system encroaches on his or her fundamental rights.

Law

The Summary Jurisdiction (Offences) Act Chapter 8:02, which dates back to 1893, states at Section 153(1)(xlvii) that a fine of not less than $7,500 or more than $15,000 shall be imposed on every person who “being a man, in any public way or public place, for any improper purpose, appears in female attire; or being a woman, in any public way or public place, for any improper purpose, appears in male attire.”

There is no definition about what an “improper purpose” is. The ambiguity of this law is enough reason for it to be removed from our laws. Those who possess the power can use that law to oppress others with any given reason as to what “improper” is.  I am quite sure those who have been affected can attest to this.

The persecuted and prosecuted

But who are the people who have been persecuted and prosecuted in recent times because of this law? The evidence tells us that it is members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community.

It can be assumed that this law may have been inspired by what is written in the Bible, as quoted above since Guyana was still a colony of England at the time it was written. Many nations were enslaved and colonized, and that also meant Christianization. With newly emancipated Africans and Indentured Servants, the laws were no doubt an attempt to maintain control over them. Today, 52 years after Independence, we are still abiding by laws invented during colonialism.

Law in effect

Seven persons spent a weekend in jail in February of 2009 because they were found to be in violation of the 1893 law.  The seven persons were eventually charged and fined $7,500 each, not before being told by a magistrate that they were confused about their sexuality. Four of them, who are transgender women–Gulliver (Quincy) McEwan, Angel (Seon) Clarke, Peaches (Joseph) Fraser and Isabella (Seyon) Persaud—brought a constitutional claim that the law was inconsistent with Guyana’s 1980 Constitution.

Former acting Chief Justice Ian Chang, SC, subsequently found that “It is instructive to note that it is not a criminal offence for a male to wear female attire and for a female to wear male attire in a public way or place under section 153(1)(xlvii). It is only if such an act is done for an improper purpose that criminal liability attaches. Therefore, it is not criminally offensive for a person to wear the attire of the opposite sex as a matter of preference or to give expression to or to reflect his or her sexual orientation.”

It was argued that the 1893 law is very vague and that a person with ordinary intelligence could be at a disadvantage because they might not be able to fully comprehend what is prohibited; the law violates the right to freedom of expression and constitutional guarantee of equality before the law and non-discrimination.

It should be noted that in the Summary Jurisdiction (Offences) Act, the following are also prohibited:

If a person:

(xi) in any public way or public place in any town, beats or shakes any mat between seven o’clock in the morning and six o’clock in the afternoon.

(xxix) in any public way flies any kite or plays at any game; or

(xxx) flies any kite within the City of Georgetown or at any place situate east of the Demerara River and within one mile of the boundaries of the said City.

The grooming of animals in a public place, the placing of goods in a public way, loitering around a shop and hauling timber in a public way are also criminal offences under this law. Many would find these laws ridiculous and laughable at this point in time. However, there is nothing amusing when the lives of people are affected, especially when it is a small section of an already oppressed group that suffers.

Members of the LGBT community not only suffer under the law that speaks to crossdressing, but they are also often harassed for loitering, they are threatened with arrests without being charged, they are not told what the charges are when they are arrested, they are violated during detention and they are convicted for various minor offences.

It is no secret that many Guyanese reject and abhor the LGBT community. Much of this rejection and hate exists because of religion, misunderstanding and fear. Some argue that the LGBT population is destroying the ‘moral fabric’ of society.

It is troubling when people are seen as outcasts for living their truth. When one talks about the “moral fabric” of society, don’t we have very real social issues that have been destroying our society? These include the many fathers who reject their children, the men who murder their partners, incest and armed robberies. Why is there silence about the prevalence of child abuse? Aren’t those offenders found in every section of our society? Where is the constant outrage about that?

Law upheld

The decision was made to uphold the law by the High Court in 2013 and the Appeal Court in 2017 even though it was stated that cross-dressing itself is not a crime.One reason given by both courts for their decision is that the 1893 colonial law enjoys the protection of the Constitution’s Savings Law clause. The Savings Law clause limits constitutional challenges to laws that existed before the date the 1980 Constitution came into effect.

The case was recently heard by the Caribbean Court of Justice and a decision is expected in the next few months. Members of the LGBT community are hopeful that the law will be expunged.

 Freedom

Freedom is being your authentic self without fear of persecution, prosecution or condemnation. Freedom is respecting each other even though there may be disagreements, misunderstandings or disapproval. Freedom is using our power to correct mistakes from the past.

As a teen, I was scolded because of biblical scripture for simply choosing to sometimes wear pants. Now, I do not have to live with the fear of reproach because I no longer comply with the rules and laws of that religion. And while I am not a member of the oppressed group who is affected by the 1893 law, I think laws that affect one’s freedom of expression have no place in a progressive nation.

Editor’s note:

This is the second blog by the Surinamese participants of the PANCAP – Integral Orientation and Research Center/ Centro de Orientación e Investigación Integral (COIN) knowledge exchange.  To read about the knowledge exchange click here. 

As part of the south-to-south learning exchange to the Dominican Republic, organized by the PANCAP Knowledge for Health project, we visited TRANSSA, Trans Siempre Amigas (Trans Always Friends), a community-based organization focusing on improving the quality of life of transgender people by offering a variety of services.

TRANSSA focuses on improving the quality of life of transgender persons through psycho-social support, and education on HIV transmission, treatment, care and human rights.

By utilizing a combination of awareness, education and empowerment, TRANSSA builds resilience against stigma and discrimination among transgender people in the Dominican Republic. TRANSSA also achieves this through its close working relationship with the Integral Orientation and Research Center/ Centro de Orientación e Investigación Integral (COIN), which was the primary focus of the south-to-south learning exchange.

The knowledge building facilitates change, which is evident in testimonies given by beneficiaries at the organization’s “safe space.” The organization has helped transgender people to withstand rejection within their immediate family and community by creating a better understanding of who a transgender person is and how gender identity differs from homosexuality. Furthermore, being informed enabled them to educate others within their inner-circle about who they are and the consequences of discrimination on their wellbeing.

Being aware of human rights and the laws of the country facilitates effective communication by transgender persons when faced with abusers. TRANSSA also creates a “safe space” where victims of abuse and violence are guided and provided with care and support. If necessary, they are referred to a hospital for treatment.

Building the self-esteem of transgender people is perceived by their community and HIV stakeholders to be of primary importance for their empowerment. It also provides encouragement to transgender people to work to freely express themselves and to achieve respect and equity for the Trans population. As one of the Trans women stated, “Change may not come easy but it is certainly not impossible. As I start to change because of the knowledge I gain at TRANSSA, I receive positive reactions from my surroundings.”

Achieving acceptance, support, and care for transgender people is difficult, but not impossible. Community-based organizations focusing on the Trans community play a major role. Not only as a “safe space” where Trans persons can come, but also through empowerment in accepting themselves, building self-esteem, dispelling myths and misconceptions and to assist them with navigating the healthcare and legal system.C

Click here to read the first blog in this series.

Editor’s note: 

In June 2018, PANCAP collaborated with the Integral Orientation and Research Center/ Centro de Orientación e Investigación Integral (COIN) for a face-to-face knowledge exchange in Santo Domingo, Dominican Republic.  The objective of the knowledge exchange event was to provide participants with first-hand experience of COIN’s operations.  Nine persons from three countries, Jamaica, Suriname and the Republic of Trinidad and Tobago, were involved in the learning exchange event.  Participants were invited to share their experiences observing COIN’s collaboration with the Ministry of Health, other civil society organizations and stakeholders in delivering comprehensive HIV services in communities and to key populations.   The blog below from the Surinamese participants provides details of their experience. 

During the June 2018 South-to-South Learning Exchange, organized by the PANCAP-Knowledge for Health project in Santo Domingo, Dominican Republic, we were part of a multidisciplinary team which visited various organizations, both public and private, that work together in the fight against HIV and AIDS. The keyword from this entire experience is collaboration.

The Dominican Republic’s Ministry of Health and Social Assistance coordinates the HIV response through its partners. Integral to that response is the involvement of all necessary stakeholders, including representatives of key populations, for achieving the goals and ensuring sustainability.

The national strategic plan, protocols for treating HIV, laws for reduction of stigma and discrimination against vulnerable groups, and training of healthcare workers are among the activities of this strategic alignment.

Integral Orientation and Research Center/ Centro de Orientación e Investigación Integral (COIN), the focus of the learning exchange, is a non-governmental organization (NGO) which focuses on treatment and reduction of HIV in the country. As a non-profit organization, COIN is a very good example of how an NGO with powerful leadership can work together with the Ministry of Health and other NGOs to reach their goals.

Civil society groups in the Dominican Republic should be recognized for being well organized, as they have formed strategic alliances with both the Government and the private sector. Civil society underscored the importance of staying true to their respective missions as this has made them stronger and more articulate in voicing the needs of the most vulnerable populations. Civil society groups also provide leadership to advocacy campaigns to establish clear guidelines for health professionals to ensure a rights-based approach to HIV treatment for key populations.

COIN is one of the NGOs that work closely with the Ministry of Health in the Dominican Republic. Through COIN, other smaller organizations such as TRANSSA, Trans Siempre Amigas (Trans Always Friends) and MOSCTHA, Movimiento Socio-Cultural para los Trabajadores Haitianos (Socio-Cultural Movement for Haitian Workers) receive funding to reach and test key populations and to link the HIV-positive persons from their target groups to treatment. TRANSSA and MOSCTHA also refer people to COIN for services they do not provide, such as hormone replacement therapy and antiretroviral therapy.

In conclusion, leadership, political activism, collaboration, and commitment were common themes heard during the learning exchange and should be considered prerequisites to achieving the sustainability of efforts to end AIDS.

Because I know that the HIV epidemic is much bigger than any of us and affects our daily lives whether we want it or not, I keep on getting out of bed to help bring it to zero.

The Second Regional Meeting of Youth Leaders: Sexual and Reproductive Health and HIV and AIDS,  showed me that as much as I thought I knew, the process of learning doesn’t stop. Each individual with their knowledge is one in billions. We must realize that our input as allies, community members, NGOs, government or whatsoever, brings us closer to the change we want to see no matter how small. This change can only be so if our intentions are real and honest.

With more appreciation for the little that I know, I’m more than ready to give it my all and play my part in leaving the world a better place than when I entered. For now, I’ll cheer to the little victories.

I’ve committed to the advocacy of CSE (Comprehensive Sexuality Education) in our education system and the access to high-quality health services. In doing so I’m taking home the following messages: there should be nothing for us, without us, make better use of opportunities given by CARICOM, and make more time to check up on one another. 

In this PANCAP Blog, Human Rights Activist Terry-Ann Roy reflects on the ruling in the Jason Jones Case.  

Photography: Christian Nixon and Maria Nunes  

On April 12th, 2018, the Republic of Trinidad and Tobago celebrated a landmark victory as the High Court of our country declared that sections 13 and 16 of the Sexual Offences Act, which criminalized sex between consenting adults of the same sex and anal intercourse, was unconstitutional as it infringed on the rights to family and private life of lesbian, gay, bisexual and transgender persons (LGBT).

As a young activist who has been involved in work with the LGBT community as well as a member of PANCAP’s youth arm, it served as an inspiration to continue the work which has been started by so many great leaders who have dedicated their lives to ensuring that LGBT persons are afforded their equal place in society.

From May 18^th to 19^th youth leaders from around the region gathered in the Republic of Trinidad and Tobago for the Second Regional Meeting of Youth Leaders on Sexual and Reproductive Health and HIV and AIDS.

As a youth leader myself, it was a wonderful meeting as I was able to exchange challenges and solutions with my regional counterparts. There were a number of important exchanges, for example, we learned from Kevin Mendez about the journey of Belize’s revised Health and Family Life Education (HFLE) curriculum. This essentially went from adoption in 2010, because the Government was on-board, to being removed from schools in 2012 because there was little public buy-in. Stories like that helped us in our Organisation of Eastern Caribbean States (OECS) group to really focus on the importance of key stakeholder consultation before we act on starting the conversation on our own HFLE syllabuses.

The meeting was made more interesting because it was planned and facilitated almost entirely by youth. This is something remarkable; it not only shows that youth can do important work but also shows that investing time and energy strategically in youth, can pay off not only in their own development but they, in turn, will help to develop their peers. These facilitators gave us articulate explanations on large complex documents such as the CARICOM Model Anti-Discrimination Bill  They helped us to navigate complex language used as jargon in international spaces.

As a CARICOM Youth Ambassador, there was another layer to the experience, I noticed. One of the presentations was done by Zuwena Perry of Barbados. She presented to the meeting about CARICOM’s structure and it generated lively discussion. Although this was just a small part of the meeting, it did make me particularly proud to see one of our own in action spreading the word about CARICOM and watching the uptake of the information by those present.

As I reflect on the last two days and the resulting work ahead, another key takeaway came from Nikolai Edwards, a young senator from Trinidad and Tobago who stated, “We don’t have to make it right, we just have to make it better”. This is something that I believe can help us stay focused as advocates, and in fact, help us reach goals in our everyday life.

On 31 March, the world observed International Trans Visibility Day. As a Human rights advocate, I have observed that the social context for trans persons living in the Caribbean is harsher.

There is a growing and thriving trans population in the Caribbean. Due to the high degree of stigma and discrimination, transgender people are subject to the conditions of inequality and exclusion in the economic, social and legal environment.  Often, they are prevented from accessing basic human rights such as healthcare.

The police reports are treated as jokes or go missing when transpersons report acts of violence towards them.  The records of crimes against transgender people emerge now from civil society, then they have the difficult task of reporting these acts of violence and sometimes killings.

It is now evident that transgender persons are more visible in the Caribbean. There is a strong clear need for recognition and protection of their rights which have been violated historically. Self-perceived gender identity discrimination and violence are strong barriers to accessing healthcare, education, and employment. We must improve this with a clear implementation of decisive public policy to promote the human rights of this vulnerable population.

Because of the fear of discrimination, trans persons use healthcare facilities for critical situations only and often it is too late.  The education system has excluded them through discrimination, verbal and physical violence. Transgender persons have been denied access to work, even informal and badly paid jobs have been for most just a dream.

Gender Identity is real in the Caribbean.  To my trans persons in the Caribbean keep your faith in tack and continue to love who you are. I believe with education, and awareness, we can overcome our challenges.

Visibility is Empowerment.

After an hour and a half drive from Kingston, with scenic views of the valleys, peaks, and lush vegetation, we arrived at our destination: the St. Anns Bay chapter of Jamaica AIDS Support for Life (JASL). Excited for the opportunity to see the work this great civil society organization does, we all clamored out of our shuttle to a quaint unmarked building on a hill, with a stunning view of the bay. Met with warm smiles from the Chapter’s staff, and cute baby goats frolicking around a well-maintained yard, I marched up into the building and experienced something much different than I expected.

From hearing about the work of JASL regionally, and interacting with their well-informed and professional management team earlier in the week, I was expecting a state of the art facility with very formal, professionally-distant staff. Instead, I encountered a humble establishment with the friendliest, warmest and most inviting and passionate staff I have ever come across. I would be remiss to even call them mere staff as, from observation, they operated more as a tight knit family.

Throughout the day, there were several presentations and a tour of their facility, with a demonstration of processes, to showcase how they eagerly serve their community. The purpose of this learning exchange was to witness JASL’s service delivery, community engagement, and collaboration models. From the onset of the various presentations, of which many were very informative, it was clear that the team had an unwavering passion for the work that they do, and were very informed about their roles and how they aid in the fight against the HIV/AIDS epidemic.

However, the highlight of the chapter visit was the fishbowl exercise; where the JASL team invited a few of their clients so that we could experience their stories. Having never heard of a fishbowl exercise, I was very keen on seeing how it would work. For those who may not know what it is, it is where you have your clients, the ‘fish’, sit in a complete circle, the ‘bowl’, and everyone else, the ‘observers’, sit outside the circle. The goal was to replicate how one would observe fish in a fishbowl.

I was expecting the exercise to follow in the fashion of a support group. However, I was not prepared for the level of testimony these brave ‘fish’ put forth. They were courageous; it is not easy to stand before strangers and rehash your journey as an individual living with HIV. Hearing how instrumental JASL was in bringing them back from the depths of dark times in their lives, hearing how grateful they were to JASL for providing such a strong social support system, for re-empowering them, guiding them back to health, and to many of them, rekindling the sense of meaning and purpose, was an overwhelming experience that certainly left me, and others in the room, silent with emotion.

In the short 30 mins of the fish bowl exercise, it put in perspective how necessary it is for civil society organisations to not only provide direct services, but to foster an enabling environment where their community members are empowered to transform themselves and others that they know. As I prepared to make the journey back to Kingston, I felt a renewed passion setting in my bones. I looked up at the unmarked building overlooking the bay with a greater sense of appreciation and purpose.

Here it is, this family of professional and passionate individuals, with humble facilities, is guiding lost fish into their bowl of empowerment, and releasing courageous, thriving fish back into the tides of life.

In a short week, JASL has shown me how they form the bowl that transforms their fish. And now, I will go home to form the bowl that will transform our fish in the Bahamas.

HIV and AIDS continues to be a huge challenge in the Caribbean region 30 years into the epidemic. We’ve made great strides in reducing new infections and supporting people living with HIV (PLHIV) all across the continuum of care. To have an even greater impact and to reach the UN 90-90-90 goals, we have to strategize and strengthen our partnerships across the Caribbean region.

The JASL study tour held in Jamaica August 8-11th was a fabulous example of a strong South to South Collaboration. We had an opportunity to visit the entire Jamaica AIDS Support for Life operations, benefit from presentations from the talented JASL team members and hear all about the way JASL has partnered with the Jamaican Ministry of Health and other civil society partners. JASL really supports PLHIV from the time of the first HIV test, linkage to care, nutritional support, navigating the health care system and obtaining psychosocial support. Quite a few clients shared with us that JASL enabled them to live healthy lives with HIV and overcome challenges and obstacles. The stories they shared with us were really touching and we even were treated to a poem about HIV, love and support.

We need more strong partnerships like this! Strong partnerships to end AIDS! Congratulations to JASL on the great work you are doing! Cheers and thank you for PANCAP/Knowledge for Health and USAID for supporting The Bahamas, Barbados and Guyana’s participation in this valuable exchange. There is definitely strength in unity! Here’s to our partnerships to end AIDS!