During the late 1980s and early 1990s, Sri Lanka’s government largely ignored the pandemic of HIV and AIDS. The instability of the Civil War and the taboo nature of the epidemic also deterred government officials from addressing the problem. Only in the early 21st century did a national HIV/AIDS policy emerge.
Criminalisation of same-sex sexual activity
Criminalisation of same-sex sexual activity has a long history in Sri Lanka and is still prevalent in some parts of the country. It was first enacted in 1883 as a result of British colonial rule and is now part of the country’s Penal Code. The law prohibits the performance of acts of ‘gross indecency’ in private or public and applies to both genders.
The United Nations committee on the Elimination of Discrimination Against Women (CEDAW) recently ruled that criminalising same-sex sexual activity between women in Sri Lanka violates women’s rights to freedom of expression, association, and marriage. They called on the Sri Lankan government to rescind its law banning such conduct.
During the hearings, the author also expressed her concerns about the government’s repression of LGBTI people. She claimed that she had been harassed by members of the public and State officials because of her sexual orientation. The CEDAW Committee heard that this discrimination was widespread and undermined the rights of women.
Lack of gender recognition in law
A lack of gender recognition in Sri Lankan law is a cause for concern. It restricts the freedom of transgender people to legally change their gender. The Government has a duty to protect the rights of transgender people. It should provide a gender recognition certificate that enables people to change their documents, including their birth certificates.
LGBTI Sri Lankans are often detained without sufficient cause and evidence. They are also often detained for short periods of time, unlike other Sri Lankans. However, there is little evidence that LGBTI people are subjected to more severe treatment or abuse than heterosexual Sri Lankans.
The Sri Lankan government should pass a comprehensive anti-discrimination law, which includes protections for LGBTI people. It should repeal criminal law provisions criminalizing same-sex sexual relations. It should also train police officers and ensure they know their duties. Those who fail to do so should be held accountable.
Violence against LGBT people
Despite reports of mistreatment of LGBTI persons in Sri Lanka, there is no reliable evidence to support the claims. While there have been arrests and mistreatment, the incidences are low compared to the estimated LGBTI population in the country. Moreover, reporting of violence, discrimination, and abuse is often conflated. Furthermore, victims do not always feel comfortable speaking out in open court.
According to Equal Ground, the organisation responsible for organising LGBT events in Sri Lanka, they have suffered harassment for organizing events. Most of this harassment is anonymous and usually involves online threats, not physical confrontation. This is a result of social exclusion and cultural taboos, not to mention the prevailing conservative attitudes. The media is also known to publish inaccurate stories about LGBT people, which has contributed to a negative public perception of the community.
Official police reports state that there are approximately 710 cases of ‘Unnatural offences’ each year in Sri Lanka, with 699 cases still pending in 2019. However, there are no official figures on cases of same-sex violence, nor is it possible to find a breakdown of prosecutions by gender.
Lack of protection from discrimination
Lack of protection from discrimination against sexuality is a significant issue in Sri Lanka. The country is committed to end discrimination against LGBTI persons, but has made few progress on this front. In November 2017, Sri Lanka participated in the third cycle of the Universal Periodic Review and stated that it was working towards eliminating such discrimination. However, attempts to include SOGIE in its Human Rights Action Plan were stalled due to opposition within the cabinet.
Human Rights Watch conducted research in four Sri Lankan cities and interviewed 61 LGBTI individuals. The report highlights some of the abuses LGBTI people face, particularly those who are transgender. It also discusses the broader legal landscape, which criminalizes same-sex relationships between consenting adults.
The expert expressed concern about the lack of protection against sexuality for lesbians and transgender women in Sri Lanka. She noted that lesbian and transgender women in Sri Lanka are forced to undergo psychosocial treatment. Furthermore, Sri Lanka’s new national authority on witness protection includes those named in several United Nations reports as torture perpetrators. Among other recommendations, the Women and Media Collective called for comprehensive sexual education and immediate decriminalization of abortion. In addition, the country needs to appoint an independent, well-funded national women commission. And finally, decriminalizing homosexuality and lesbian behavior should be part of a comprehensive human rights action plan.
