Guyana

Same-sex sexual activity is prohibited under the Criminal Law (Offences) Act 1893, which criminalises acts of ‘buggery’ and ‘gross indecency’. These provisions carry a maximum penalty of life imprisonment. Only men are criminalised under this law. Transgender people were previously criminalised under a ‘cross-dressing’ law which was actively enforced, however this law was ruled unconstitutional in 2018 and the law was struck down.

The law was inherited from the British during the colonial period, in which the English criminal law was imposed upon Guyana. Guyana retained the provision upon independence and continues to criminalise same-sex sexual activity through the colonial-era 1893 statute today.

There is no evidence of the law being enforced in recent years, however reports suggest the law is sometimes used by police to intimidate men perceived to be gay. Regardless of enforcement, the mere existence of this provision is itself a violation of human rights and underpins further acts of discrimination (see further). There have been reports of discrimination and violence being committed against LGBT people in recent years, including murder, assault, harassment, and denial of basic rights and services.

2021

In June, more than two and a half years since the McEwan ruling, which saw the removal of colonial era laws that criminalised ‘cross dressing’, the Attorney General tabled a bill to remove the provision from Guyana’s criminal law. The bill notes that it gives effect to the ruling of the CCJ, “and signals the government’s commitment to fulfilling the human rights of all Guyanese. The Government rightly acknowledges and agrees with the CCJ that this archaic law, which is inconsistent with the Constitution of Guyana, has no social or legal purpose in a progressive society.”

In August, the removal of the ‘cross dressing’ provision was formally completed following a vote in parliament. The provision was immediately removed from the criminal law.

2018 

In November, in the case of Quincy McEwan, Seon Clarke, Joseph Fraser, Seyon Persaud and the Society Against Sexual Orientation Discrimination (SASOD) v the Attorney General of Guyana, the Caribbean Court of Justice ruled that a law in Guyana that criminalised ‘cross dressing’ was unconstitutional and struck it out. Section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act made it an offence for a man to appear in ‘female attire’, or a woman to appear in ‘male attire’ in public and for ‘any improper purpose’.

2017

In April it was reported that the government intended to hold a referendum on whether same-sex sexual activity should be decriminalised. Local LGBT organisations expressed concern about this, citing potential backlash against the community. Ultimately, no referendum was held, with some reports suggesting a misunderstanding of the government’s position.

2013

In September, Guyana’s Constitutional Court held that the country’s law prohibiting ‘cross dressing’ (section 153(1)(xlvii) of the Summary Jurisdiction (Offences) Act) was constitutional. The Court did, however, stress that ‘cross dressing’ could only be held to be a criminal offence if for an “improper purpose”, such as prostitution, and not for the purpose of expressing one’s “sexual orientation” in public. Despite this conflation of sexual orientation and gender identity, this ruling did narrow the scope of this offence, though did not go as far as to strike it out entirely.

The Chief Justice also ruled that since the law had been in existence since 1893 it was therefore protected from challenge under Article 152(1) of the Constitution (the savings law clauses, which essentially preserved pre-existing laws at the time of independence from constitutional scrutiny). Legislative rather than curial action was necessary to invalidate that provision.

2020

The US Department of State reports have found that the law is not enforced, and activists report that police are more likely use the law to intimidate gay men or perceived gay men than to make arrests.

2014

On 19 January, the Director of Guyana Trans United said that no one has been “locked up” recently.

In June, MP Manzoor Nadir indicated that he would vote to decriminalise same-sex sexual activity, but claimed that LGBT people are not currently prosecuted under the country’s anti-gay laws.

2009

Although there is little evidence of the laws criminalising same-sex sexual activity being enforced, prior to repeal, the law criminalising ‘cross dressing’ was used to arrest transgender people. In 2009, Human Rights Watch reported that seven people were charged under the law in February.

2023

In September, the Society Against Sexual Orientation Discrimination (SASOD) launched the campaign ‘Guyana Together’ aimed at increasing acceptance and tolerance towards LGBT people, reducing stigma and discrimination and repealing laws criminalising same-sex relationships.

2020

The US Department of State report for 2020 found that NGOs reported widespread discrimination and violence against LGBT people, including in employment, education, healthcare, and in public spaces. It referenced a 2014 study in which 12% of men who had sex with men and 30% of transgender people experienced daily stigma.

2019

In June, the Managing Director of the Society Against Sexual Orientation Discrimination (SASOD) was attacked and beaten by six men in the early morning as he was purchasing food at Bourda Market. The attack occurred after he has been harassed by the same group of men at a nearby nightclub.

2015

During its second UPR cycle, it was noted that there had been unfettered freedom of expression by NGOs, religious organisations and the media on LGBT issues. In response to an NGO submission on LGBT rights in Guyana, the Government wished to reiterate that the state did not discriminate against persons based on their sexual orientation and that every Guyanese was entitled to the fundamental rights and freedoms as provided for in the Constitution, laws and policies of Guyana. 

2014

In addition to reports of discrimination against LGBT people, the 2014 US Department of State report noted that LGBT persons were fearful of reporting crimes that had been perpetrated against them.

A march was organised in January in memory of a young man murdered in Guyana. The Director of Guyana Trans United, Quincy McEwan, told reporters of three murders of LGBT people that had taken place over the last year, reporting that such murders had become increasingly common. People on the march also criticised the police for their handling of reported incidents. One member of the Society Against Sexual Orientation Discrimination claimed: “There’s a lack of will to investigate these incidents against transgender people because of transphobia and homophobia in the police force.”

In April, an indiscriminate shooting took place against a small group of transgender persons standing by a road. The police only initiated an investigation and prosecution following public protests.

It was reported in the media in May that LGBT persons were ridiculed and shunned on account of their sexual orientation when attempting to access medical care around the country. Police also allegedly ordered an LGBT person to strip and stand on a counter in a police station for hours when he tried to lodge a formal complaint against another individual.

2018

On 2 June, LGBT activists held the country’s first ever pride parade. Despite calls from the Georgetown Ministers’ Fellowship for the government to intervene and stop the festival and parade, the event went ahead peacefully.