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U.N. committee rules Sri Lanka criminalization law violates lesbian activist’s rights

London-based NGO represented Rosanna Flamer-Caldera

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global forum, Human Rights Day, gay news, Washington Blade
(Photo by sanjitbakshi; courtesy Flickr)

A U.N. committee has found a law that criminalizes consensual same-sex sexual activity in Sri Lanka has violated a lesbian activist’s rights.

The U.N. Committee on the Elimination of Discrimination Against Women on Wednesday published its decision in the case of Rosanna Flamer-Caldera, executive director of Equal Ground, a Sri Lankan LGBTQ rights group.

The decision notes Flamer-Caldera in 1997 “discovered that same-sex sexual activity between consenting adults was a criminal offense under section 365A of the (Sri Lanka) Penal Code of 1883.” The decision further indicates Flamer-Caldera has been “threatened frequently and has faced abuse from the media and the public” since she co-founded a support group for lesbian and bisexual women in 1999.

Flamer-Caldera in 2004 founded Equal Ground.

“She has faced continual challenges running the organization,” reads the decision.

The decision notes the Sri Lanka Police’s Women and Children’s Bureau in December 2012 and January 2013 “made presentations asserting that child abuse was increasing mostly due to the ‘growing homosexual culture.'”

“The author’s picture was shown together with her name and position with Equal Ground, claiming that she and her organization were responsible for spreading homosexuality, implying that they were also responsible for spreading pedophilia,” notes the decision. “She did not complain to the police out of fear of being arrested. The (Sri Lanka Police’s) Criminal Investigation Department has placed her and Equal Ground under surveillance, which forced her to move the organization’s materials to a secure location, as the department had deemed any homosexual material to be pornography, which could provoke arrest.”

The decision further notes the Criminal Investigation Department in July 2013 raided an organization with which Equal Ground works “on the basis of the allegation that it was ‘spreading homosexuality.'” Flamer-Caldera in the complaint she filed with the committee also said a delivery man in the spring of 2018 “verbally abused” her and “threatened” her “with violence.”

“The criminalization of same-sex sexual activity has meant that the discrimination, violence and harassment faced by the lesbian, gay, bisexual, transgender and intersex community in Sri Lanka continue with impunity,” reads the decision. “Members of the community are not protected against police harassment. The law has altered how she lives and conducts herself in public and private. She has a constant fear of arrest and keeps her door locked and curtains drawn when she is at home with her girlfriend.”

Flamer-Caldera presented her case under the Convention on the Elimination of All Forms of Discrimination Against Women. Human Dignity Trust, a London-based NGO that challenges criminalization laws around the world, represented Flamer-Caldera.

“The committee notes that the criminalization of same-sex sexual activity between women in Sri Lanka has meant that the author (Flamer-Caldera) has had difficulties with finding a partner, has to hide her relations and runs the risk of being investigated and prosecuted in this context,” it notes. “The committee therefore finds that the state party has breached the author’s rights under Article 16 of the convention.”

Flamer-Caldera on Thursday welcomed the decision.

“This decision will have an impact on millions of lesbian and bisexual women around the globe,” she told the Washington Blade. “I am happy and proud to have played such a pivotal role in this process.”

Sri Lanka is one of more than 70 countries around the world in which consensual same-sex sexual relations remain criminalized. The U.K. implemented many of these laws in Commonwealth countries when it colonized them.

Then-British Prime Minister Theresa May in 2018 said she “deeply” regrets these colonial-era criminalization laws.

The India Supreme Court in 2018 issued a ruling that decriminalized consensual same-sex sexual relations.

Botswana President Mokgweetsi Masisi in January said his government would abide by a ruling that decriminalized homosexuality in the former British colony. The Singapore Court of Appeal last month dismissed a challenge to the city-state’s sodomy law.

Flamer-Caldera told the Blade the Sri Lankan government has not responded to the ruling.

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Japan

Japan’s first female prime minister reluctant to advance LGBTQ rights

Sanae Takaichi became country’s head of government last month

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Japanese Prime Minister Sanae Takaichi (Screen capture via Sanae Takaichi's YouTube channel)

Sanae Takaichi last month became Japan’s first female prime minister after she secured the Liberal Democratic Party’s leadership and both chambers of the Diet confirmed her.

She now leads a minority government after forming a coalition with the right-leaning Japan Innovation Party, following Komeito’s decision to end its 26-year partnership with the LDP. Her rise marks a historic break in Japanese politics, but the question remains whether she will advance the rights of Japan’s LGBTQ community?

Despite the milestone her election represents, Takaichi’s record on gender issues offers little indication of progressive change. 

She has long emphasized “equality of opportunity” over structural reforms and has opposed measures that include allowing married couples to use separate surnames, a policy many women say would ease workplace discrimination. During her leadership bid Takaichi pledged to elevate women’s representation in government to Nordic levels, yet she appointed only two women to her 19-member Cabinet. Takaichi has also resisted efforts to modernize the Imperial Household Law to permit female succession, reinforcing her reputation as a conservative on women’s rights.

Takaichi’s stance on LGBTQ rights has been similarly cautious. 

In a 2023 Diet budget committee session, she said there should be “no prejudice against sexual orientation or gender identity,” yet described extending marriage rights to same-sex couples as an “extremely difficult issue.” 

Her earlier record is consistent.

In 2021, she opposed an LGBTQ-inclusive anti-discrimination bill that members of her own party, arguing its wording was too vague. 

Even after becoming LDP leader in October 2025, she reiterated her opposition to marriage equality and emphasized traditional family values. Takaichi highlighted that Article 24 defines marriage as being based on “the mutual consent of both sexes” and frames the institution around “the equal rights of husband and wife,” language she argues leaves no constitutional room for extending marriage rights to same-sex couples.

While her rhetoric avoids overt hostility, her record suggests limited appetite for the structural reforms sought by Japan’s LGBTQ community.

A series of landmark court rulings has built escalating pressure for national reform. 

On March 17, 2021, the Sapporo District Court ruled that denying same-sex couples the legal benefits of marriage violated the constitution’s equality clause. In May 2023, the Nagoya District Court similarly declared the ban unconstitutional, with a subsequent decision from the Fukuoka District Court reaffirming Japan’s current legal framework clashes with constitutional equality principles. 

The momentum peaked on Oct. 30, 2024, when the Tokyo High Court found the marriage ban incompatible with guarantees of equality and individual dignity. 

Japan remains the only G7 country without legal recognition of same-sex couples.

Akira Nishiyama, a spokesperson for the Japan Alliance for LGBT Legislation, noted to the Washington Blade that in leadership surveys the group conducted within the LDP in 2021 and again in 2025, Takaichi offered only a cautious position on reforming Japan’s legal gender recognition law. When asked whether she supported easing the requirements under the Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder, she responded that “multifaceted and careful discussion is necessary,” avoiding any commitment to substantive change.

Nishiyama added the legal landscape has already shifted. 

In October 2023, the Supreme Court ruled that the law’s sterilization requirement for legal gender recognition is unconstitutional, and several family courts have since struck down the appearance requirement on similar grounds. She urged the Takaichi administration to act quickly by amending the statute to remove these provisions, along with other elements long criticized as human rights violations.

“[Prime Minister] Takaichi has stated that ‘careful discussion is necessary’ regarding amendments to ‘Act on Special Cases in Handling Gender Status for Persons with Gender Identity Disorder’ and the enactment of anti-discrimination laws based on Sexual Orientation and Gender Identity (SOGI),” noted Nishiyama. “However, as indicated in Candidate (at that time) Takaichi’s responses to our survey, if she considers issues related to SOGI to be human rights issues, then she has to work hard to advance legal frameworks to address these issues.” 

“For example, regarding the government’s announcement that they will consider whether same-sex couples could be included or not in the 130 laws concerning common-law marriages couples, [Prime Minister] Takaichi responded to our survey that ‘the government should continue to advance its consideration,’” she added. “As per this response, the Takaichi Cabinet should continue deliberating on this matter and ensure that same-sex couples are included in each relevant law.”

Takeharu Kato, an advocate for marriage equality who spoke to the Blade in a personal capacity, urged observers not to view Takaichi’s appointment solely through a negative lens. 

He acknowledged she holds deeply conservative views within the LDP and has openly opposed marriage equality, but noted several aspects of her background could leave room for movement. 

“She is Japan’s first female prime minister in history. Furthermore, she does not come from a political family background but rather from an ordinary household,” said Kato. “She also has an unusual career path, having graduated from a local university and worked as a television news anchor before entering politics.” 

“Additionally, while her husband is a member of the Diet, he became partially paralyzed due to a cerebral infarction, and she has been caring for him,” he further noted. “She possesses several minority attributes like these, and depending on our future efforts, there is a possibility she could change her stance on same-sex marriage. It could also be said that, as a woman navigating the conservative Liberal Democratic Party, she has deliberately emphasized conservative attitudes to appeal to her base of right-wing supporters.” 

Kato stressed that “having reached the pinnacle as prime minister, it cannot be said she (Takaichi) has no potential to change.”

“We need not alter the strategy we have pursued thus far,” Kato told the Blade. “However, we believe some fine-tuning is necessary, such as refining our messaging to resonate with those holding more conservative values.”

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Kazakhstan

Kazakh lawmakers advance anti-LGBTQ propaganda bill

Measure likely to pass in country’s Senate

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Kazakh flag (Photo by misima/Bigstock)

Lawmakers in Kazakhstan on Wednesday advanced a bill that would ban so-called LGBTQ propaganda in the country.

Reuters notes the measure, which members of the country’s lower house of parliament unanimously approved, would ban “‘LGBT propaganda’ online or in the media” with “fines for violators and up to 10 days in jail for repeat offenders.”

The bill now goes to the Kazakh Senate.

Reuters reported senators will likely support the measure. President Kassym-Jomart Tokayev has also indicated he would sign it.

Kazakhstan is a predominantly Muslim former Soviet republic in Central Asia that borders Russia, Turkmenistan, Uzbekistan, Kyrgyzstan, and China.

Consensual same-sex sexual relations are decriminalized in Kazakhstan, but the State Department’s 2023 human rights report notes human rights activists have “reported threats of violence and significant online and in-person verbal abuse towards LGBTQI+ individuals.” The document also indicates discrimination based on sexual orientation and gender identity remains commonplace in the country. (Jessica Stern, the former special U.S. envoy for the promotion of LGBTQ and intersex rights under the Biden-Harris administration who co-founded the Alliance for Diplomacy and Justice, in August condemned the current White House for the “deliberate erasure” of LGBTQ and intersex people from the State Department’s 2024 human rights report.)

Russia, Georgia, and Hungary are among the other countries with propaganda laws.

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Nepal

LGBTQ activists join Gen Z-led protests in Nepal

Outrage over blocked social media platforms toppled government

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Honey Maharjan, left, participated in Gen Z-led protests against the Nepalese government. (Photo courtesy of Honey Maharjan)

Nepal’s Telecommunications Authority at midnight on Sept. 4 blocked 26 social media platforms — including X, Facebook, YouTube, and Instagram. The move ignited growing discontent among Generation Z, many of whom are in their teens and 20s, over government corruption. What began as a peaceful protest led largely by young people, including members of the LGBTQ community, soon turned violent and ultimately forced the prime minister to resign.

The government said the platforms failed to register within a seven-day deadline under new regulations intended to curb fake news, hate speech, and online fraud. Only five companies complied, prompting a blanket shutdown that disrupted communication for nearly 90 percent of Nepal’s 30 million internet users, many of whom depend on these apps for news, business, education, and contact with relatives working abroad.

The ban backfired almost immediately. 

Many Nepalese youth, already angered by viral TikTok videos exposing the lavish lifestyles of politicians’ children, viewed it as a blatant attempt to silence anti-corruption discourse. Between Sept. 7 and 8, small gatherings began in Kathmandu’s Maitighar Mandala and New Baneshwor areas near parliament. Thousands of young citizens, including members of the LGBTQ community, chanted slogans such as “Stop the ban on social media, stop corruption, not social media” and “Youth Against Corruption.” 

By Sept. 8, the crowds had swelled into the tens of thousands, with protesters defying police lines and storming parliament gates. Violence erupted when security forces responded with tear gas, water cannons, rubber bullets and live ammunition, killing at least 19 protesters — including a 12-year-old — and injuring more than 300 in Kathmandu, the Nepalese capital, alone. Two additional deaths were reported in Itahari, a city in eastern Nepal.

Protesters retaliated by hurling stones and scaling barriers, plunging the demonstrations into chaos. Authorities imposed curfews across several districts, but young people defied the orders, ferrying the injured on motorcycles and continuing their marches.

While politicians and their families flaunted luxury abroad — from designer bags to exotic vacations — ordinary Nepalese struggled with a per capita annual income of just $1,300. LGBTQ and intersex Nepalese face additional barriers, including discrimination in employment and education that contribute to lower economic outcomes compared to the general population.

Nepal’s sluggish development has forced millions to seek work abroad, straining families and fueling a persistent brain drain. Gen Z, facing limited opportunities, rising prices and the disruption of online education due to the social media ban, felt betrayed by unfulfilled electoral promises. 

Human Rights Watch notes that while Nepal legally recognizes transgender people as a third gender, many have been denied identity documents. A small number have managed to change their documents from “male” to “female,” but the process typically requires an invasive and humiliating physical exam in a medical setting — a practice widely criticized as a human rights violation.

The social media ban was widely seen as an attempt to suppress dissent, reflecting broader concerns about government overreach under now former Prime Minister Sharma Oli’s coalition government. Critics argued the move violated constitutional rights and international human rights covenants. For the young people, it represented an attack on their primary means of staying informed and organizing globally.

Oli on Sept. 9 resigned following widespread protests. Protesters in the aftermath organized a cleanup campaign, symbolizing their commitment to restoring civic order and accountability.

Protests ‘will be good for everyone’

Speaking to the Washington Blade, Honey Maharjan, an LGBTQ activist and member of the People’s Socialist Party–Nepal, described the Gen Z-led protest as one of the most successful demonstrations in Nepal’s recent history.

“Of course LGBTQ people also joined the Gen Z protest, our friend also joined the protest,” said Maharjan. “I am very sad. I also cried for the young boys who got killed by the police. My two sons also cried. They couldn’t sleep because of this protest. At night my son asked me what’s going on? I said wait and you will see, I think it will be good for everyone. It will change everything.”

Maharjan told the Blade that she and the LGBTQ community were elated when they learned of Oli’s resignation and the subsequent departure of other ministers. She added the announcement that Sushila Karki would be the new prime minister further strengthened their sense of hope and accomplishment.

“I hope she doesn’t disappoint us,” said Maharjan in a telephone interview with the Blade. “The rights enshrined in the constitution are equal for everyone including the LGBTQ community. Nepal is a peaceful country and a land of Buddha, so we wish peace for everyone.”

Karki in her inaugural address pledged to restore democratic governance and address the root causes of the recent unrest. She announced that elections will take place on March 5, 2026, with preparations already underway in coordination with the Election Commission.

Karki emphasized the government’s readiness to organize a transparent and inclusive electoral process. She also committed to establishing an anti-corruption committee and an investigative panel to probe the violence during the protests.

The protests in Nepal ultimately claimed 74 lives and left more than 2,000 people injured, making it the deadliest civil unrest the country has seen in decades.

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