Opinions

The road to decriminalization in Sri Lanka

Country’s Supreme Court this month ruled in favor of MP’s bill

Published

3 weeks ago

May 18, 2023

(Photo by rarrarorro/Bigstock)

Thanks to its colonial legacy, Sri Lanka is one of 67 countries in the world that still criminalizes same-sex sexual relations among consenting adults. Sections 365 and 365A of Sri Lanka’s Penal Code state that “carnal intercourse against the order of nature” (in other words, any type of sex that is considered unnatural) and “acts of gross indecency” are criminal offenses punishable by law, carrying a sentence of up to 10 years. While they do not specify that these offenses pertain to same-sex sexual relations anymore, they are most often used against the lesbian, gay, bisexual, transgender, intersex and queer/questioning (LGBTIQ) community. In addition, the Vagrancy Law and Section 399 of the Penal Code regarding “cheating by personation” (referring to impersonation) are also used against the LGBTIQ community in Sri Lanka, particularly against transgender individuals.

For eons, criminalization has led to arbitrary arrests, inhumane forceful anal examinations, degrading treatment etc. It has sanctioned discrimination, stigmatization, denial of basic human rights, harassment and violence towards LGBTIQ community by state officials in the criminal justice system and unfortunately by the wider public as well. This has led to social and economic marginalization and to the exclusion of LGBTIQ individuals and groups from vital services. EQUAL GROUND, the oldest and one of the truly diverse organizations in Sri Lanka, has been fighting relentlessly for over 19 years to decriminalize consenting same-sex relationships. This has been a roller coaster ride where EQUAL GROUND encountered political and social backlash, tackled online and offline threats, hate comments etc., but it has never given up. As they say, “Rome wasn’t built in a day, but they were laying bricks every hour.” Rather, the attacks and barriers motivated EQUAL GROUND to stand firmly and continue fighting the good fight. Due to its relentless hard work and support from allies, the international community and like-minded organizations, finally we are seeing decriminalization firmly on the table — something which seemed so far-fetched only a couple of years back.

As mentioned earlier, the criminalization of same-sex sexual conduct in Sri Lanka has its origins in 19th century British colonial law. Introduced in 1883, section 365A originally criminalized “any act of gross indecency” between males. In 1995, when reforming the Penal Code — due to a private members bill in 1995 — the government ignored recommendations to repeal the provision and instead amended Section 365A from “male person” to “person,” bringing lesbian and bisexual women within its remit. Consequently, lesbian, bisexual, transgender and queer (LBTQ) women in Sri Lanka are extremely vulnerable to harassment, violence and discrimination by State actors and by society at large. At the same time, it perpetuates and reinforces the widespread societal stigma against LBTQ women, giving license to harassment and discrimination in employment, housing, education, health care and family relations, to name a few. Realizing and experiencing such discriminatory treatment, in 2018 Rosanna Flamer-Caldera, executive director of EQUAL GROUND (with the support of Human Dignity Trust) challenged the criminalization of lesbians and bisexual women in Sri Lanka by submitting a communication to the Convention on the Elimination of all forms of Discrimination against Women (CEDAW) under the Optional Protocol in August 2018. This move was the first steppingstone towards initiating the process and talk of decriminalization. This ground-breaking case was the first time CEDAW considered an individual complaint relating specifically to the criminalization of lesbian and bisexual women. Flamer-Caldera sought a wide range of remedies, beginning with the repeal of criminalization of same-sex consensual relationships between adult women which is contrary to the Convention. She also sought amongst other things, the wider decriminalization of consensual same-sex activity in private between adults and effective protection from gender-based violence against women based on the intersection of their sex and sexual orientation.

After years of struggle, finally in February 2022, the CEDAW committee ruled the judgment in Flamer-Caldera’s favor. The committee decided that Rosanna Flamer-Caldera’s rights had been violated by the criminalization of same-sex sexual intimacy in Sri Lanka. Moreover, the CEDAW committee urged the government to decriminalize same-sex sexual relations.

In August 2022 Parliamentarian and lawyer Premanath C. Dolawatte presented to Parliament a Private Member’s Bill to amend Sections 365 and 365A of the Penal Code of Sri Lanka with the aim of ensuring the rights of the LGBTIQ community. The bill was subsequently handed over to President Ranil Wickremesinghe where he stated that the government will not oppose the amendment. Dolawatte, at a public forum inclusive of major political parties including the Samagi Jana Balawegaya and Ceylon Workers’ Congress, also stated that he was hopeful that a majority of MPs in the House would support his bill and join the effort to protect the rights of the LGBTIQ community. A revised version of this gill was gazetted and presented to Parliament in March and April 2023 respectively.

In September 2022, EQUAL GROUND was invited by MP Buddhika Pathirana (SJB) to put together a discussion on LGBTIQ inclusion, following which a proposal was made and accepted to (a) the Samagi Jana Balawegaya’s (SJB) National Reforms Committee to incorporate LGBTIQ rights in their party manifesto, (b) sensitize SJB parliamentarians and politicians on sexual orientation and/or gender identities/expressions (SOGIE) issues. This discussion was attended by LGBTIQ activists, lawyers, healthcare professionals, business personnel as well as politicians from the SJB party including the party leader Mr. Sajith Premadasa, who is also the current leader of the opposition.

In December 2022, EQUAL GROUND submitted the Universal Periodic Review (UPR) report (4^th cycle), in collaboration with the Center for International Human Rights of Northwestern Pritzker School of Law in Chicago. In this joint submission, as remedial measures EQUAL GROUND sought to decriminalize consensual same-sex sexual conduct by repealing Penal Code Section 365 and 365A and ensuring that Penal Code Section 399 and the Vagrants Ordinance are not misused to target LGBTIQ persons. In February 2023, at the U.N. Human Rights Council’s Universal Periodic Review Working Group session (42^nd session), the U.S., the U.K., Canada, New Zealand and Norway, among others, urged Sri Lanka to decriminalize same-sex relationships. Responding to all the recommendations, Minister of Foreign Affairs, President’s Counsel (PC) M.U.M. Ali Sabry assured that the government would work towards decriminalization, however same-sex marriage would not be legalized. Referring to the Private Member’s Bill, he stated that the government will support its position of decriminalizing same-sex relationships.

A petition was presented to the Supreme Court in April this year challenging the constitutionality of the bill to amend the Penal Code. After hearing more than a dozen petitions on both sides of the argument, the Supreme Court has determined that a private member’s bill seeking the decriminalization of homosexuality is not inconsistent with the Constitution. The decision is seen as a historic development that has created hope towards real change. Activists will still have to lobby for support from the 225 parliamentarians to push forward the proposed legislation through Parliament; but it has opened the door of an inclusive and equal future where everybody will be able to enjoy their basic rights regardless of their sex, gender, sexual orientation, gender identity etc.

Both the president of Sri Lanka and the joint opposition has stated they will not oppose the bill. The next steps for it to eventually become legislation, is a vote with a simple majority at Parliament to see this through.

This Supreme Court decision in early May 2023 is major for the community in terms of any kind of progress they have seen over the last few decades.

On several occasions, the international community has urged the government to decriminalize consensual same-sex sexual conduct. For instance, in 2021 the European Union Parliament adopted a resolution with regard to the withdrawal of Sri Lanka’s GSP+ status given their concern over Sections 365 and 365A of the Penal Code that criminalize individuals with diverse sexual orientations and gender identities. Unfortunately, the EU dropped this condition from at the last moment granting GSP+ status to Sri Lanka. It was a severe blow to the LGBTIQ community and EQUAL GROUND who had lobbied at high levels within the EU and had been assured by the EU that indeed decriminalization would be an important condition of Sri Lanka’s GSP+ status.

LGBTIQ rights, from 2021 to until now, has seen some positive changes developing with national laws and policies.

According to EQUAL GROUND’s mapping study in 2021, approximately 12 percent of the Sri Lankan population identify themselves as LGBTIQ. Continuing to preserve Victorian, homophobic laws that penalizes individuals for who they are and/or for choosing a same-sex partner, violates their human rights as citizens of this country and drives the community underground to live in constant fear and in the shadows. Therefore, in order for Sri Lanka to be consistent with international standards of human dignity and rights, these laws can no longer be viewed with the moral standards that existed during the time of their creation. Rather, they have to be viewed in line with modern-day community standards based on the principles of human dignity and respect.

Rosanna Flamer-Caldera is the executive director of EQUAL GROUND.

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Commentary

A historic first: Pride celebrations in Fairfax City

Mayor Catherine Read spearheaded event

Published

1 day ago

June 9, 2023

Alan Xtra

Fairfax City's first Pride celebration took place on June 3, 2023. (Photo from the Fairfax City Department of Parks and Recreation's Instagram page)

Both joy and controversy marked the City of Fairfax’s first LGBTQ+ Pride celebration.

The event, coordinated by representatives from the city and George Mason University with the help of local Drag and Variety Show The Palace, took place the evening of June 3 at Old Town Hall.

“The night of [Mayor] Catherine Read’s historic win, she sponsored our drag show at Earp’s Ordinary so her team could celebrate,” writes Alan Xtra, producer of The Palace. “She is a fierce ally and that very night she promised the community that there would be a Pride celebration in Fairfax City. The mayor made good on her promise and the event was an absolute success.”

The All-Ages Pride Dance Party drew backlash from some community members due to the presence of Drag Performers at the event. Stacy Langdon of grassroots conservative group Mama Grizzly, photo-ready in her red “Make America Great Again” hat, coordinated a group of protestors bearing signs: “Drag is prostitution,” “Trans is a no-no,” and “June is Groomer Awareness Month” among others.

Fairfax City Police were present outside the event.

“When we heard there was a hate group coming, I naturally had some safety concerns,” writes Xtra. “We were blessed to interface with the local fire and police departments to ensure a necessary presence for our protection, and we were able to coordinate with the city for private security and a bag check as well.”

As the sun began to set over the Beer in The ‘Burbs festival outside, Old Town Hall filled with a colorful crowd, many dressed up in rainbow attire and dramatic makeup. DJ Slamz laid down a soundtrack of dance classics, punctuated by drag performances from local artists. Drag King Maqks Gross performed Queen’s “Don’t Stop Me Now,” and drag queen Sirene Noir Sidora Jackson showcased “Part of Your World” from The Little Mermaid.

The Drag Show’s Host, Masvusi, performed Kylie Minogue’s “Magic.”

“Drag is about world building,” she writes. “It’s about having those small moments of liberation, peace, and joy that we don’t get out of the world we live in now.”

Local band Shelley Star and The Galaxy performed a set complete with dancers.

Star, a songwriter and dance teacher, writes “I am lucky enough to be a performer with a band that contains several cherished LGBTQIA+ members, and the joy and community we felt in the room was palpable and overwhelming. I was specifically moved by the amount of young people who got to broaden their horizons and maybe experience something new about the world they live in for the first time. “Part Of Your World” … moved me to tears. It was so wholesome; just a perfect choice for the spirit of the event … It was beautiful to witness and be a part of.”

In addition to the entertainment, the city organized crafts, face painting, and booths for local organizations upstairs. Pizza was served.

“Despite the protestors, the city has assured us that this was just the first of what will become a community tradition of Pride celebrations every June,” writes Xtra. “I look forward to seeing how the event will grow in the coming years.”

Opinions

D.C. still has an HIV epidemic

Legalizing sex work a good next step in fighting the disease

Published

1 day ago

June 9, 2023

Isaac Amend

(Washington Blade photo by Michael Key)

New CDC data from February 2023 shows that the percentage of D.C. residents with HIV has gone down. Some outlets have marked this as a success and a positive statistic to herald.

The data specifically shows that 1.8% of D.C. residents are living with HIV, compared to 2.8% before. While a downturn in cases is good, D.C. still is living with an HIV epidemic that needs to be curbed even more.

We should not be celebrating a disease rate of 1.8%. In the nation’s capital — a metropolitan city that is supposed to provide quality healthcare coming from the biggest economy in the world — two out of every 100 residents we cross on these streets should not be diagnosed with a serious and lifelong illness.

Of course, recent measures nationwide and in D.C. to prevent HIV harbor lots of potential and should be celebrated. For one, PrEP has been made free, the daily pill that would safeguard against infection even if sexual contact with a positive patient was made.

The medical community has long studied what constitutes an “epidemic” in a given country. But most of that scientific literature studies epidemics that grow and reside in developing countries, where infrastructure and healthcare are of so poor quality that disease cases skyrocket beyond any manageable proportion. Take the Ebola virus, which likely originated from an unregulated animal market in the Democratic Republic of the Congo. Ebola went on to ravage the DRC, Sudan, Congo, Gabon, and Uganda. Doctors are quick to call Ebola an epidemic (and for good reason), but are slow to call other diseases epidemics as well.

The Centers for Disease Control and Prevention (CDC) defines an epidemic as “an unexpected increase in the number of disease cases in a specific geographical area.” Unfortunately, according to this definition, HIV in D.C. doesn’t constitute an epidemic. While cases have gone down, though, the virus’s prevalence in the capital city should still shock everyone.

D.C. must continue to treat our HIV rate as a crisis belonging to epidemic proportions. There are a few measures the city can take to prevent spread. A couple come to mind: First, the city could finally legalize sex work. There are too many vulnerable sex workers in parts of town who sell their bodies without safe contraception, and who might take in used needles as well to inject drugs. Second, the city can amp up efforts to advertise PrEP, the antiviral drug that prevents HIV infection. There are plenty of successful PR campaigns around the city, and more posters advertising PrEP, be they on public buses or the Metro, would do some good.

Treating HIV as an epidemic in our capital city is necessary to reduce its harm as much as possible.

Isaac Amend (he/him/his) is a trans man and young professional in the D.C. area. He was featured on National Geographic’s ‘Gender Revolution’ in 2017 as a student at Yale University. Amend is also on the board of the LGBT Democrats of Virginia. Find him on Instagram @isaacamend.

Blade Blog

Cruising into Pride

Celebrity holds firm as a proud corporate supporter of LGBTQ community

Published

2 days ago

June 8, 2023

Peter Rosenstein

Celebrity APEX (Photo by Peter Rosenstein)

As you know if you have read my columns and blog posts, I love cruising. The kind where you are on a river or the ocean. Today in both the United States and around the world the LGBTQ community is facing difficult times. Attacks are coming fast and furious. There are few places where members of our community can feel totally safe these days.

One of those places is on a cruise ship that values the community. That is what I have found whenever I travel on a Celebrity ship. Today, they are going even further in letting the world know about their respect for the community. They happily advertise Pride at Sea. Of course, they are doing it to attract LGBTQ passengers and their dollars, but that’s great in this day and age, when a company is willing to step up proudly, wants our business, and will do everything they can to make us feel both wanted and safe. That is what Celebrity Cruise Lines is doing.

I want Pride to be celebrated not just in June, but every month. But I am excited about the June celebrations whether hosted in D.C. by Capital Pride, or on the high seas. While many of us will be at the D.C. Wharf, on June 10 to help the Washington Blade celebrate Pride on the Pier with spectacular fireworks, those who miss that and are on a Celebrity ship will be part of a Pride celebration as well. Their ships will all celebrate the month in various ways including flying a LGBTQ Pride flag.

Celebrity has invited my friend, entertainer extraordinaire, Andrew Derbyshire, to lead the celebration on the Edge on June 13, in Ibiza. He recently quoted Celebrity, “In honor of Pride month and our continuing commitment toward fostering positive and authentic partnerships within the LGBTQIA+ community, Celebrity Cruises is raising the Pride flag to celebrate acceptance, unity, and support for the community. Each June, Celebrity Cruises hosts our annual Pride Party at Sea. Every ship takes part in the celebration that brings our crew and guests together to honor and celebrate Pride.” Andrew added, “I am happy to announce I will be flying to Ibiza on the 13th of June for a few nights, to host Pride on the Celebrity Edge, with my friend and captain, Captain Tasos, and the amazing team on board.” Andrew, like many of the entertainers I have seen and met on Celebrity ships, is encouraged to be who he is, ‘out’ and proud.

The Edge will kick off Celebrity’s fifth annual Pride Party at Sea during its June 10, 2023, sailing. “The party will take place in tandem across the award-winning Celebrity fleet, with each ship ‘handing off the party baton’ to the next, to keep the festivities running across hemispheres and time zones. A variety of multi-generational LGBTQ+ focused programming will take place throughout the month of June. Together, officers, staff and crew around the world will participate in Celebrity’s signature Pride programming.”

You should know one of the things straight couples could always do on a Celebrity cruise is have the captain marry them. Now, since same-sex marriage became legal in Malta, where most Celebrity ships are registered, their captains can legally marry same-sex couples. After this happened the first legal same-sex marriage at sea, on a major cruise line, occurred on board Celebrity Equinox in January 2018 when the captain married Francisco Vargas and Benjamin Gray.

Celebrity is a Florida-based company, and along with Disney, they are standing up for the LGBTQ community. They have been a Presenting Sponsor of Miami Beach Gay Pride for four years in a row. They continue to advertise their collaborations with gay cruise companies like VACAYA, which has charted the Celebrity Apex for a cruise of the Caribbean in 2024. The ship will be sailing with a lot of happy LGBTQ cruisers on Feb 17-24, 2024 for seven nights from Fort Lauderdale to Puerto Rico, St. Croix, and Antigua. For anyone who hasn’t been on the Apex, it is an amazing ship. While not during an official Pride month I will show my Pride along with many other LGBTQ travelers on Celebrity Beyond this October out of Rome, and on Celebrity Ascent in October 2024 out of Barcelona. The Ascent hasn’t even set sail yet.

Let’s hope other companies will follow Celebrity’s lead and value the LGBTQ community. We are entitled to live our lives safely and to the fullest, as who we were born to be.

Peter Rosenstein is a longtime LGBTQ rights and Democratic Party activist. He writes regularly for the Blade.