Gay rights bill could be close call
Stabroek News
July 12, 2003


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The controversial Sexual Orientation Bill, or gay rights bill, will come up for debate in the next few weeks and it is not clear whether MPs will be required to vote along party lines or vote their conscience.

Attorney-General, Doodnauth Singh on Thursday tabled two bills in the National Assembly that will confer a number of new fundamental rights as recommended by the Constitution Reform Commission (CRC). Both bills require a two-thirds majority to give effect to the recommendations.

These bills were not available for circulation to the members of the National Assembly or to members of the media. Parliamentary Affairs Minister Reepu Daman Persaud indicated in response to a query from the Leader of the Opposition Robert Corbin that it was not a requirement of the Standing Orders for the bill to be circulated when the bill was being read for the first time. However, the Standing Orders require that bills be published, that is made available to the public in addition to the parliamentarians, according to the Speaker, Ralph Ramkarran SC, at least seven days before they are read a second time. Because this publication requirement was not satisfied, the Second Reading of the Maritime Drug Trafficking (Suppression) Bill had to be deferred at Thursday’s sitting.

The right to freedom from discrimination on the grounds of sexual orientation is the sole subject of one of the two bills and there is some doubt as to how the National Assembly will vote in the face of the strident objections of the religious community to the passage of such a bill. Following the controversy which erupted over it, the sexual orientation provision was separated from the other fundamental rights which are contained in the second bill to be debated. The religious community believes that approval of such a bill will lead to the promotion of gay rights and lead to pressure for recognition of gay marriages among other things.

During the last parliament the National Assembly unanimously approved the fundamental rights bill which included the sexual orientation provision. But President Bharrat Jagdeo refused to assent to it after a number of religious groups objected to the elevation of the right to freedom from discrimination on the grounds of sexual orientation to a fundamental right.

PNCR Chief Whip Lance Carberry told a press conference on Thursday at Congress Place that after the party had taken the opportunity to study the bill it would then decide whether or not it would allow its parliamentarians to vote their conscience.

However, the party’s chairman, Vincent Alexander, who was a member of the CRC, and who had abstained when it was considered in that forum, said that parliamentarians should vote according to their conscience.

Because of the unavailability of PPP/C general secretary, Donald Ramotar, some PPP/C MPs spoke with Stabroek News and their opinion on the bill was equally divided. Some indicated that they would likely abstain if a free vote was not allowed and if it was, would vote against it. Others indicated that they would support the legislation as laid in the National Assembly as every opportunity should be taken to enlarge people’s rights. Others said that they would definitely vote against the measure but are yet to be informed of the party’s position.

The Guyana Action Party had said it would allow its MP to vote her conscience. Stabroek News was unable to obtain a comment from the WPA and ROAR MPs.

Other rights that would be entrenched are the right to equal status and equal rights of persons born in or out of wedlock, the right to establish private schools, the right to prompt and adequate compensation for property compulsorily acquired, to demonstrate peacefully, and the right of a public servant to a pension and gratuity as well as the right to discharge only the lawful policies of the government and to perform his/her duties free from political interference.

The legislation also establishes the right of everyone to an environment that is not harmful to his or her health or well-being and imposes on the State among other things, the responsibility to prevent pollution and ecological degradation and to secure sustainable development and the use of natural resources while promoting justifiable economic and social development.