Yes, No, Maybe to equality for LGBTI citizens.. Caribbean IRN Update June 2016

Picture from the Royal Gazette "    Pro same sex marriage supporters and preserve marriage demonstrators both make their options know on the grounds of Cabinet building ( Photograph David Skinner)"

Laws..

Bermuda held a referendum on marriage equality , with the majority of people who voted saying no to same-sex marriage. Among the people voting yes though was Sir John Swan, former premier and Bermuda's 2016 National Hero.
His support seems to be shared by the President of the Bahamian Court of Appeal, Dame Nita Allen.

Bahamas had a referendum on gender equality, with "No" votes being cast by those fearing same-sex marriage among other things. LGBT Activist Erin Greene explains the exclusion of intersex Bahamians from the proposed amendments.

The Caribbean Court of Justice delivers its judgement in the challenge of the homophobic immigration laws  brought by Maurice Tomlinson against Belize and Trinidad & Tobago. Maurice Tomlinson reflects on the judgement as 'Losing to Win' .

In Trinidad - Andre Bagoo calls the judgement 'Don't Ask, Don't Tell' while Wesley Gibbings talks about the  'Hate Agenda.'.  Activist Colin Robinson said in initial comments, that the judgement leaves LGBT citizens as 'unapprehended outlaws'

GrenCHAP from Grenada recognised the connection of Orlando to all forms of homophobic violence

The Economist laments that the Caribbean is 'Not everyone's Island Paradise"

In Barbados, the Attorney -General says that there will be no changes to the law to allow same-sex marriage, and that Barbados has no room for discrimination against 'Jane and Janice who might want to go and live together'

Haitian commentator Jean H Charles however is hopeful that change will come.

• The University of the West Indies Rights Advocacy Project shares this important update on pending litigation in the Caribbean.

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As you likely know, in 2010 two constitutional cases were filed that involve the Faculty of Law UWI Rights Advocacy Project (U-RAP). One in Guyana, McEwan and others v AG of Guyana, challenging the constitutionality of the law criminalising cross-dressing for an improper purpose. Gulliver McEwan and three other individual applicants are challenging that law along with the Society Against Sexual Orientation Discrimination (SASOD). The second in Belize, Orozco v AG of Belize in which Caleb Orozco as the applicant is challenging the constitutionality of the ‘unnatural crime’ in the Belize Criminal Code, with UNIBAM as an interested party.

Decision in Orozco v AG to be delivered July 27

The Guyana Court of Appeal will hear the appeal in McEwan on July 13
Access to the courts for trans persons in Guyana

The hearing in Orozco v AG of Belize was completed before the Chief Justice in Belize in May 2013, and was adjourned by him since then for his decision. Notice has just been given that the Chief Justice will deliver his decision on Wednesday July 27, 2016. Once delivered and made available, the decision will be uploaded to the website http://www.u-rap.org/web2/.

In September 2013, the then Chief Justice (ag.) Chang of Guyana delivered his decision in the McEwan case. Though his ruling signalled that cross-dressing or the expression of one’s gender identity was not per se a crime, unless it was for an improper purpose, he did not accept that the law in question violated the Constitution of Guyana. Both the litigants and legal team have pointed out that terms like ‘improper purpose’ are too ambiguous and imprecise to guide conduct and, in effect, give the police unlimited discretion in their application.

The applicants appealed against his ruling, including his ruling striking out SASOD as an applicant, and have been awaiting confirmation of a date for the hearing of the appeal. The Guyana Court of Appeal has now set down the McEwan case for hearing on Wednesday, July 13, 2016. Releases about the hearing will be posted on the website http://www.u-rap.org/web2/.

The appeal gives the applicants an opportunity to argue what will include technical arguments about the operation of the savings law clause in the Guyana Constitution, since the law in question is a 19^th century colonial law, and the meaning of the Constitution’s provisions related to equality, many of which are relatively new and untested.

In recent months, Guyana Trans United (GTU) and the litigants, including SASOD, have called attention to the discriminatory practice adopted by some magistrates and court personnel of excluding from court trans women dressed in women’s clothing.

One magistrate relied on the cross dressing law in excluding a trans woman from his court. This use of the cross dressing law contradicts the reasoning of the Chief Justice in the McEwan case, but it also demonstrates the ambiguity in the law and the discretion held by state officials in its interpretation. As the President of the Guyana Bar Association said when asked to comment on the issue:

“I thought Justice Chang’s decision on this matter is fairly clear, that once you don’t do it for an improper purpose… what is an improper purpose? A person going to the courts hardly be considered an improper purpose, in fact, you have a right of access to the court,”

See Kaieteur News: http://www.kaieteurnewsonline.com/2016/04/03/transgenders-face-fresh-levels-of-discrimination-says-spokesman/

Guyana Times: http://www.guyanatimesgy.com/2016/04/02/bar-association-says-no-new-laws-needed-to-protect-lgbt-community/

Caribbean responses to the  violence of Orlando


In Trinidad & Tobago, the Opposition asked what measures were in place to protect the LGBTI community and Prime Minister Rowley responded says that all citizens are protected by the constitution regardless of their sexual orientation. Colin Robinson writes about the Orlando Fashion Statements.  Gabrielle Hosein writes a response as Prime Minister

Rainbow flags flying on the US Embassy in Belize and Jamaica draw comments, more in Jamaica.
The Attorney - General of Jamaica protests the rainbow flag, against Jamaican laws . She draws responses from Dr Danielle Roper and Rev Garnett Roper, and attorney Gordon Robinson


Nearly half of the victims of the Orlando shootings were connected to Puerto Rico. Lawrence La Fountain-Stokes writes about Queer Puerto-Ricans and the burden of Violence.

 Saint Vincent and the Grenadines expresses solidarity with the victims of the attack in Orlando at the OAS.

Subraj Singh, winner of a Guyana Prize for Literature winner , connects the homophobic violence in Guyana and Orlando.

Jamaica-born poet Stacyann Chin gives a powerful tribute to the Orlando victims




"This is it. This is a good year to celebrate Pride. Even if you have been so over it. This is a good year to be out, to be proud."

and in the New York City Pride March, "over 500 Caribbean people marched as part of  Chutney Pride 2016

I AM ONE TnT also held a Pride Arts Festival in Trinidad & Tobago.

The New York Times writes that Gay Bars in Cuba are still popular despite the Internet.




Updates

• J-Flag launches the first issue of the magazine PrideJa

• Subraj Singh in Guyana reflects  Why the SASOD Film Festival is important. 

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• Please see the CALL FOR PAPERS/CONVOCATORIA: Revisiting Queer Puerto Rican Sexualities: Queer Futures, Reinventions, and Exclusions Revisitando las Sexualidades Puertorriqueñas Queer: Futuros Queer, Reinvenciones y Exclusiones
• Code Red for Gender has a Call for Posts for the #blackfeminisms blog carnival.