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.

2025

Ahead of the September general election, media reported that five of the six political parties contesting the election signalled a willingness to repeal the laws criminalising same-sex activity. This included the governing People’s Progressive Party/Civic, which went on to win the 2025 election.

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 the ‘cross dressing’ law 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’ 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.

2023

The US Department of State report for 2023, consistent with reports in recent years, found that the law is not enforced and there were no reports of arrests.

2020

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

2014

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.

2025

A civil society submission to the fourth cycle of Guyana’s Universal Periodic Review documented significant discrimination against LGBT people, including in employment, education, and healthcare. Police seldom investigate reports of anti-LGBT violence. While the submission recognised that laws are not enforced, it reports that they are used to intimidate LGBT people.

2024

In July, two trans women were shot at by men in a moving car. The women fled, but one of them ultimately died. Two men were later arrested and charged with their murders. SASOD claimed that the incident was a “targeted murder”.

2023

The US Department of State report for 2023 cited “a leading LGBTQI+ NGO” which found frequent acts of violence by non-state actors against LGBT people, including a transphobic attack in which an individual sustained facial injuries after being punched several times. NGOs reported widespread anti-LGBT discrimination, including in employment, education, and medical care, and no specific laws existed to protect them. Anti-trans discrimination persisted despite decriminalisation.

Freedom House reports in its Freedom in the World report that LGBT people face discrimination and police harassment.

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 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 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 Guyana’s 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 claimed 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

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. The Director of SASOD stated that there was a lack of enthusiasm to investigate incidents, apparently because they have been committed against LGBT people.

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

The US Department of State report cited local media reports in May of an incident in which police 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.

The country profiles on the Human Dignity Trust’s website are developed through a combination of in-house expertise and research, including monitoring media reports; sourcing reports from partners and stakeholders; and reviewing reports from governments and other human rights organisations.

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