Asia
U.N. committee rules Sri Lanka criminalization law violates lesbian activist’s rights
London-based NGO represented Rosanna Flamer-Caldera
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 authorās 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 organizationās 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 authorās 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.
India
Climate change leaves transgender Indians even more vulnerable
Disaster response programs do not take trans community’s needs into account
Climate change is real, impacting everyone around the world, and India remains at the forefront of its effects.
Changing weather patterns cause food insecurity, hitting vulnerable communities the hardest. The transgender community in particular suffers disproportionately, as their already limited access to resources worsens in times of crisis.
As India battles climate change, the struggle for survival and dignity intensifies for those most marginalized.
In India, LGBTQ people, particularly the trans community, frequently face family conflict that leads to forced displacement that is often accompanied by violence or the threat of violence. Many trans people, as a result, become homeless, frequently finding themselves in low-lying areas that are prone to frequent flooding, further exacerbating their vulnerability.
Many trans Indians are involved in sex work or rely on begging in public spaces that include streets, or on trains and busses. Their means of survival are disproportionately affected, often more severely than other communities, during floods, heatwaves, and other climate change-induced events.
Trans Indians involved in begging are particularly vulnerable, often working in the heat or heavy rain without access to basic facilities. They often have no choice but to continue working to survive, despite the toll on their mental and physical health.
The Council on Energy, Environment, and Water, a policy research institute in India, has identified Assam, Andhra Pradesh, Maharashtra, Karnataka, and Bihar states as highly vulnerable to extreme climate crises. Andhra Pradesh, Maharashtra, Bihar, and Uttar Pradesh also have relatively high populations of trans people.
Many of them, particularly those with HIV or are undergoing hormonal treatments, face additional health risks. Extreme temperatures, which India experiences annually, can negatively affect their treatments and overall well-being.
The U.N. says climate change disproportionately affects the poorest and most vulnerable, worsening existing inequalities.
Efforts to improve the trans community’s well-being include the World Health Organization’s development of guidelines aimed at enhancing trans health, providing evidence-based recommendations, and implementation guidance for health sector interventions.
Marginalized communities, including trans people, faced heightened challenges during the 2015 Chennai floods due to limited access to relief and rehabilitation efforts. Many were forced into unsafe shelters and lacked access to food, medical supplies, and other essential services. The informal economy on which many trans people rely for survival was also severely disrupted during the crisis.
Trans people were also among the hardest hit during the 2018 Kerala floods.
They faced discrimination in relief camps where some were denied access to shelter and sanitary facilities. NGOs and activists highlighted the lack of sensitivity in disaster management policies toward the trans community, prompting increased discussions about addressing trans-specific needs in disaster response frameworks.
The climate change-induced floods in Assam in 2020 also placed trans individuals in vulnerable situations. Many of them struggled to access government relief measures because of societal stigma, and, in many cases, a lack of legal recognition.
The floods displaced hundreds of thousands of people, and trans people were often overlooked in the distribution of relief aid.
Although there is no specific data available for India’s trans community, heat waves this year caused more than 700 deaths nationwide, significantly higher than the official government count of 360 facilities.
Activists in India have raised concerns about the challenges faced by the trans community during climate change-induced disasters.
The Indo-Global Social Service Society, an NGO focused on eliminating social inequality, said the trans community during disasters experiences disruptions in their normal coping mechanisms. Trans people often become displaced or are relocated to areas where they lose connection with their existing support networks, forcing them to cope with the disaster’s aftermath in isolation.
The IGSSS report also highlights the low priority given to trans people during rescue, relief, and rehabilitation efforts.
It notes disaster assessment forms typically categorize gender as only male or female, which fails to capture the specific needs and experiences of trans people. This exclusion hampers effective planning and delivery of relief efforts. Trans people who have undergone gender-conformation surgery may also face aggravated health problems during disasters: More infections, urinary tract issues, and other medical complications.
The report also indicates shelters are often not conducive for trans people, who frequently face discrimination and a lack of acceptance. These facilities typically have separate toilets for men and women but lack gender-neutral facilities, leading to verbal abuse and threats when trans people attempt to use any restroom.
Governments should ‘create more tailored’ disaster relief policies
Nepal’s trans community also faces the same challenges from climate change that their Indian counterparts.
Devastating floods that swept across Nepal on Sept. 26 left approximately 219 people dead. Flooding and landslides displaced 12,000 families.
While there is no specific data on how many trans people this disaster directly impacted, the Nepali trans community’s experiences mirror those their Indian peers have faced during similar crises. The lack of targeted support and recognition of their unique needs in disaster response underscores the ongoing vulnerabilities both communities endure in the face of climate change.
The Washington Blade reached out to the Queer Youth Group, an LGBTQ organization in Nepal.
Nanboong, the group’s communication officer, said that while climate change affects the LGBTQ community in Nepal as it does other groups, its impact is particularly pronounced among trans people.
“The government should create more tailored policies addressing the specific needs of LGBTQIA people in relation to climate change, and they need to do more to ensure these communities are adequately supported during climate-related disasters,” said Nanboong.
The Blade also reached out to Kalki Subramaniam, a trans activist, queer artist, and actor who is a member of India’s National Transgender Council.Ā
She explained that many LGBTQ people face rejection from their families, making them vulnerable to being forced out of their homes. This lack of familial support, coupled with limited access to housing and employment, leads to significant mental and physical health challenges.
Subramaniam noted queer people often struggle with acceptance in both the job market and housing. She added trans people, particularly those who drop out of school, are frequently pushed into Chennai’s slums.Ā
“Many of my friends from the transgender community live in low-lying areas near the sea and highly polluted rivers,” said Subramaniam. “In these areas, they are somewhat accepted because others living there are also marginalized. However, during floods and heavy rains, their livelihoods get washed away.”
“Their homes are also destroyed,” she added. “I have a friend named Kartika, who used to beg on trains and in market areas. She wanted to start a business and opened a small idli (a traditional South Indian breakfast cake made from fermented rice and lentil batter) shop near the slum. Unfortunately, after just two months, her shop was completely washed away during the rains, with garbage piling up because of the flooding.”
Subramaniam told the Blade that Kartika, after losing her idli shop to the floods, was unable to recover from the setback and returned to begging. She lacked the necessary infrastructure and motivation to restart her business.
“The government should create policies that are more sustainable for the transgender community,” said Subramaniam. “Due to the lack of support and employment opportunities, transgender individuals are also victimized by climate change.”Ā
“On one hand, the government should focus on providing economic benefits, while at the same time, it should consider our community when framing climate change policies,” she added. “This should include how transgender people are treated during disasters.”
Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion.
India
New Indian medical curriculum excludes guidelines for transgender patients
WPATH has called for global authorities to suspend national commission
India’s National Medical Commission has introduced an undergraduate curriculum that does not include protections for transgender individuals and people with disabilities.
The National Medical Commission on Aug. 31 released the Competency-Based Medical Education (CBME) Curriculum 2024, scheduled for implementation in the 2024-2025 academic year. The curriculum sparked controversy by introducing “sodomy and lesbianism” as unnatural sexual offenses in undergraduate programs, prompting two international organizations to threaten to seek the suspension of the National Medical Commission over the issue.
The International Council for Disability Inclusion in Medical Education and the World Professional Association for Transgender Health (WPATH) have called for global authorities to temporarily suspend the National Medical Commission’s recognition by global authorities. The two organizations claim the new curriculum violates exiting laws that protect the rights of people with disabilities and LGBTQ individuals.
The National Medical Commission reintroduced several regressive ideas regarding the LGBTQ community, with a complete omission of transgender rights that contradicts Supreme Court guidelines and previous regulations. Leaders from the disability and trans communities wrote a letter to Union Minister of Social Justice and Empowerment Virendra Kumar in which they criticized the curriculum.
The revised curriculum removed key disability competencies and critical components related to trans health.
On Sept. 5, as India observed Teacher’s Day, the National Medical Commission temporarily withdrew the guidelines, only to reintroduce them on Sept. 12 without addressing the controversial sections. Terms, such as “dignity” and “transgender,” were notably absent from the 466-page document.
The revised curriculum allocates eight hours to sports but no longer mandates the previously required seven hours for disability training. It uses terms such as “gender identity disorders” and refers to intersex people as “abnormalities,” retaining language from earlier medical perspectives.
The revised curriculum no longer classifies sodomy and consensual same-sex sexual relations between women as “unnatural sexual offenses.” The earlier version, however, included descriptions cross-dressing as a form of sexual perversion. It also categorized a range of behaviors ā including voyeurism, exhibitionism, sadism, and masochism ā together with necrophagia (the consumption of the dead) and necrophilia (sexual attraction to corpses) under a single category.
The earlier version did not include LGBTQ-inclusive language.
The revised curriculum includes education on topics that include informed consent for sexual intercourse, the history of gender and sexuality-based identities, and the legal background surrounding the decriminalization of adultery and consensual same-sex relationships. It also introduces lessons on paraphilia and paraphilic disorders, covering a range of atypical sexual fantasies and behaviors.
The National Medical Commission has not provided a specific explanation for including outdated concepts in the curriculum. Senior officials have, however, attributed the changes to an unintentional oversight, stating it was an error that led to portions of the 2022 curriculum being mistakenly reintroduced.
The National Medical Commission in 2022 updated six modules in forensic medicine and psychiatry to reflect societal and legal changes. These amendments included the decriminalization of consensual same-sex relationships. They aimed to educate students on informed consent and, within psychiatry, to address the spectrum of gender and sexual orientations.
The curriculum was designed to prepare students to manage issues, such as gender dysphoria, intersex conditions, and sexual dysfunctions. These changes were based on recommendations from an expert committee formed under a Madras High Court ruling in a case involving a lesbian couple whose parents opposed their relationship, leading to a police complaint about their alleged disappearance.
The Madras High Court ruling noted queerphobia was being incorporated into the education of future doctors.
The 2022 changes were seen as essential for the daily practice of medical professionals, as misinformation about consensual same-sex sexual relationships could result in some patients receiving inadequate care and treatment.
While the revised curriculum released on Sept. 12 does not include references to trans rights, the Transgender Persons (Protection of Rights) Act of 2019 explicitly requires medical colleges to incorporate trans health and develop health manuals for gender confirmation surgeries. The revised curriculum, however, does not reflect current standards of inclusivity and care.
Ankit Bhuptani, an LGBTQ rights activist and founder of the Queer Hindu Alliance, during an interview with the Washington Blade expressed disappointment over the new curriculum.
“It is not just about the NALSA judgment, but also the current government has been very actively talking about trans rights throughout their policy and their various programs,” said Bhuptani. “So, it’s quite surprising that it was not included and the government should have been more mindful. I hope, they rectify the error that was done earlier in terms of lesbians and other elements which were problematic.”
Bhuptani also told the Blade the current government is open to receiving suggestions from the LGBTQ community.
“The government has met a few community members already, and I was one of them,” noted Bhuptani. “After the meeting, we requested that the community need to be consulted for larger LGBTQ rights. They have given their email IDs publicly so that where general public can send suggestions. So, I hope the community members who are raising these issues, will reach out and take this ahead as well.”
Bhuptani said he plans to raise the issue with the government.
Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion.Ā
Myanmar
Outright International report documents Myanmar junta’s anti-LGBTQ rights abuses
Military overthrew democratically-elected government in 2021
Outright International on Thursday unveiled a report that documented LGBTQ resistance to Myanmar’s coup.
The report ā LGBTQ Anti-Coup Resistance in Myanmar” ā sheds light on the resistance of the LGBTQ community in Myanmar against the backdrop of military oppression. It documents the alarming effects of violence and impunity the junta perpetrates against LGBTQ people, revealing the harsh realities they face daily.
The report also illustrates how the 2021 coup has abruptly stifled the progress for which LGBTQ human rights activists had been striving, derailing their efforts toward achieving legal reform and fostering social acceptance. The findings underscore the resilience and determination of the LGBTQ community; even in the face of grave adversity, highlighting their unwavering fight for dignity, and rights amid turmoil.
Outright International Asia Regional Coordinator Grace Poore presented the report.
Poore as she took the stage expressed gratitude to all the human rights defenders and members of the LGBTQ community who contributed to the report.
She painted a vivid picture of what it means to be LGBTQ in a time of political turmoil and military dictatorship. Poore emphasized the unique challenges that LGBTQ people in Myanmar face ā a context where they are already vulnerable to police bigotry and discrimination. She highlighted the oppressive environment that criminalization laws create, illustrating the profound impact of these societal and legal barriers on the lives of LGBTQ people.
Poore during her presentation emphasized its critical findings, noting the alarming use of sexual and gender-based violence against LGBTQ people in Myanmar. She stressed how these acts of violence are not merely statistics but represent the harsh realities that countless individuals struggling for their rights and dignity face. Poore also called on the international community to take decisive action, stressing the report offers vital recommendations aimed at restoring democracy in Myanmar and safeguarding the rights of all its citizens, including LGBTQ people.
Poore said Outright International interviewed 14 LGBTQ people from 2021-2024: Eight gay men, one bisexual man, two bisexual women, one lesbian, one transgender woman, and one trans man who identifies as a lesbian. She emphasized Outright International worked closely with LGBTQ organizations in Myanmar and along the country’s border with Thailand.
2021 coup toppled democratically-elected government
Myanmar’s military on Feb. 1, 2021, claimed, without any evidence, the results of the country’s election that took place in November 2020 were fraudulent. This unfounded assertion sparked a military coup d’Ć©tat, leading to the arrest of political leaders who had won the election and the ouster of the democratically-elected government.
The military almost immediately declared a national emergency, igniting widespread protests against the dictatorship. The demonstrators comprised a diverse coalition of university students, workers from unions, everyday citizens, and members of the LGBTQ community. They peacefully demanded the restoration of a civilian government, and evolved into a robust civil disobedience campaign that spread across the country.
Police and security forces used high-powered rifles, rubber bullets, and water cannons to suppress the growing protests. This crackdown resulted in numerous casualties and injuries ā an 18-year-old gay man who was shot in the head died. A lesbian and a trans man were also killed during the protests.
Poore said the total number of LGBTQ deaths remains unknown, underscoring the devastating toll of violence on the community during this time of upheaval.
She noted exiled National League for Democracy leaders in April 2021 formed a shadow government, known as the National Unity Government. Poore emphasized years of LGBTQ advocacy played a crucial role in making the National Unity Government more inclusive and supportive of LGBTQ rights.
“There was no objection at all to my sexual orientation,” said Aung Myo Min, the first openly gay man named to a government post. The National Unity Government in April 2021 appointed him as Human Rights Minister. “It’s such a breakthrough. I do not need to hide or stay in the closet as a Cabinet minister. I feel very proud. This is new history for Myanmar.”
The report notes the National Unity Government in September 2021 declared war on the military junta.
The shadow government swiftly mobilized its supporters to join the People’s Defense Force, a move that marked a significant escalation in the resistance. Poore said this widespread mobilization of people transformed the nature of the anti-junta struggle, intensifying the fight against military oppression and reshaping the resistance movement across Myanmar.
The report notes volunteers who joined the People’s Defense Force underwent extensive training to take on various critical roles. They were trained not only for combat but also to conduct intelligence operations and ensure clandestine food and medical supplies. This covert network of support played a vital role in sustaining the resistance, allowing volunteers to effectively challenge the military junta while helping communities survive under harsh conditions.
“Before the coup, the LGBTQ human rights defenders were working to abolish or amend Section 377 of Myanmar Penal Code, a British colonial law that criminalized consensual same-sex intimacy,” noted Poore while presenting the report. “They were pushing for reform of the 1899 Rangoon Police Act that targets trans people and queer men for criminalization and gives police broad, arbitrary powers to enforce the law. Myanmar held public events for Yangon Pride, the International Day against Homophobia, Biphobia, and Transphobia from 2014 to 2020.”
Poore noted the National League for Democracy in its 2020 election platform pledged to eliminate discrimination against LGBTQ people.
The report highlights people ā including LGBTQ activists ā in Myanmar faced severe charges for their involvement in the resistance. The junta accused them of sedition and acting against the state for participating in peaceful protests, attending protest-related meetings, providing shelter and hiding places for LGBTQ people, and sharing anti-coup information on social media. Any expression of criticism against the dictatorship was also met with harsh consequences, as the military junta targeted those who dared to speak out, further silencing dissent and endangering activists.
Outright International’s report notes the junta has weaponized laws, such as Section 505 of the penal code, and counter-terrorism laws to punish LGBTQ people and others. The report emphasizes these are antiquated laws the junta expanded and strengthened during the coup to wield greater power against those fighting for democracy.
Many LGBTQ individuals in Myanmar after the coup stopped publicly identifying themselves as LGBTQ to protect themselves from military violence.
The report noted an increase in sexual and physical violence, particularly against those who were visibly trans or gay, after the coup. The escalating brutality against them underscores the heightened risks faced by those who could not easily hide their identities, revealing a grim reality for Myanmar’s LGBTQ community during the military regime.
The report details the story of a trans woman, well known for her beauty parlor and her role in organizing anti-junta protests.
Security forces detained her for three days. Officers whipped her with a belt, forcibly cut her hair, stripped her naked, and groped her breasts while she was in custody. They also used pliers to remove her long fingernails.
“In general, the experiences of lesbian, bisexual, and queer women, as well as transgender men, had much lower visibility during the coup,” Poore said while presenting the report.
She explained it was particularly challenging to find information about lesbian, bisexual, and queer women actively involved in the anti-coup resistance and to gather their testimonies about sexual and gender-based violence.
The report also notes the coup forced many LGBTQ organizations in Myanmar to shut down, compelling them to relocate to Thailand to continue their work from exile. This displacement not only disrupted vital support networks but also underscored the harsh reality faced by activists who were now operating under constant threat. These organizations nevertheless remain committed to advocating for LGBTQ rights and to provide assistance to those who are still in Myanmar.
Outright International in its report called on the Myanmar military junta to immediately stop its attacks on civilians, particularly LGBTQ people who are on the frontlines of the resistance.
The report urged companies to halt any trade or business engagements with the junta and its affiliates without delay. It also recommends economic sanctions on junta leaders and increasing support funding for Myanmar’s LGBTQ activists. The report further emphasizes the need for greater engagement with lesbian and queer women’s groups in Myanmar, as well as providing both emergency and long-term resources for LGBTQ people in the country.
The report also highlights the importance of ensuring the effective implementation of reporting and redress mechanisms for LGBTQ people; lesbian, bisexual, and queer women, and other marginalized groups, aiming to protect their rights and dignity in the face of ongoing violence and oppression.
Human rights activist May Sabe Phyu during the webinar explained that Myanmar has a deeply patriarchal society that favors men over women.
Feminist organizations before the coup focused on shifting these entrenched gender norms. Their work involved unpacking and challenging gender stereotypes, aiming to create a more equal society where women, including lesbian, bisexual and queer women, could thrive without being limited by traditional expectations.
Aung Myo Min said the National Unity Government strives to be as inclusive as possible, even though it is in exile, and is making a conscious effort to represent and support the diverse communities of Myanmar, including the LGBTQ population.
“Myanmar has a very diverse ethnicity,” said Aung Myo Min. “You can see the composition of the NUG. We have members who are winners of the election, some are nominated from ethnic groups. I came from a civil society background. I was an openly gay man, one of the first openly gay men from the 1980 movement. So having me as Union Minister is such a progressive and inclusiveness of the LGBTQ people in the government. This is the result of decades longs struggle of LGBTQ people.”
Sai Kham La (a pseudonym), an LGBTQ activist working from exile in Thailand, emphasized the importance of continuing the fight for LGBTQ rights and broader human rights.
Speaking from his experience in exile, he highlighted that despite the challenges, it remains crucial to persist in advocating for the LGBTQ community and ensuring their rights are upheld, even in the face of oppression and displacement.
“We have seen the impact of our work from those days,” said Sai Kham La. “The harder the oppression is, the greater the unity becomes. We were never this much united before.”
Senior Director of Law and Policy at Outright International Senior Director of Law and Policy Neela Ghoshal at the end of the webinar emphasized the severity of the situation for LGBTQ people under the junta.
“The harm LGBTQ people are facing under the junta is grave and pervasive,” she said.
Ankush Kumar is a reporter who has covered many stories for Washington and Los Angeles Blades from Iran, India, and Singapore. He recently reported for the Daily Beast. He can be reached at [email protected]. He is on Twitter at @mohitkopinion.
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