Opinions
The road to decriminalization in Sri Lanka
Country’s Supreme Court this month ruled in favor of MP’s bill
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 (4th 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 (42nd 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.
Commentary
Disillusioned about democracy? Think of it as a community garden
May 17 is the International Day Against Homophobia, Transphobia, and Biphobia
A short walk from where I live, there is a community garden. People of all ages can participate in designing its areas and learn how to cultivate plants. Together, they build and maintain the space for the benefit of the entire community.
Democracy works the same way. It flourishes when people can bring their energy, knowledge, and presence to the common ground. It works precisely because most of us want to nurture neighborhoods where every life can flourish — no matter where we live, the color of our skin, or the food we enjoy on our tables.
But today, reactionary political movements and governments worldwide are poisoning our gardens with the invasive weeds of their authoritarian policies and exclusionary legislation. According to the CIVICUS Monitor, 73 percent of the world’s population lives in countries where governments repress fundamental civil society freedoms.
By now, we know the playbook. Whenever authoritarians seize our common garden, they drive out those they deem dispensable first. Very often, LGBTI people, racialized persons, and migrants are at the forefront of weathering the storm.
Only half a century ago, the wins that our movement has obtained seemed unthinkable. But those advances are always on the line, always one election away from the strongman of the hour deciding to unravel them.
On May 17, 1990, the World Health Organization removed homosexuality from the International Classification of Diseases (almost 30 years later, also in May, the removal of “gender identity disorder” followed.) The world celebrates this anniversary every year as the International Day against Homophobia, Transphobia, and Biphobia. This was a milestone in the global struggle for the rights of LGBTI people. Back then, 114 countries and territories worldwide still criminalized consensual same-sex sexual acts. Today, still 65 of them maintain those laws.
Progress has been steady. But in 2025, for the first time in years, that number started to grow again. Burkina Faso introduced a criminalizing law for the first time in its history. Trinidad and Tobago reversed recent gains. Senegal further tightened the threat after years of intensifying violence.
The obsession of legislators and policymakers with people’s bodies has translated into paroxysmal attacks against trans and intersex folks — from the 771 bills currently under consideration in the United States, to the disgraceful and misguided policy of the International Olympic Committee reintroducing sex testing and banning trans and intersex women athletes from competing in the female category.
And isn’t it ironic, really, that legislators worldwide put so much effort into driving LGBTI people out of public spaces, when at least 61 UN member states still have legal barriers that prevent civil society organizations working on sexual, gender and bodily diversity issues from formally registering and operating?
Political scientists Phillip Ayoub and Kristina Stoeckl, writing in the “Journal of Democracy”, show that illiberal governments deliberately deploy state-sponsored LGBTI-phobia to mobilize constituencies and frame liberal democracy as a cultural threat. These governments weaponise democratic pluralism for endless culture wars.
The playbook passes from one authoritarian to the next, activist Rémy Bonny showed. What started in Russia in 2013, with a law against the “promotion of non-traditional sexual relationships,” has grown into a pattern that illiberal leaders worldwide use to silence opposition and gain international influence amongst conservatives.
What makes this strategy particularly vicious is how it pits discriminated groups against one another. Time and again, reactionary people in power speak of “protecting women” just to attack trans and intersex people — manufacturing conflict among communities that, in fact, share a common struggle to protect the freedom to decide over their own bodies.
Whenever governments need to distract the public from their failures to create a better garden for everyone, they need a scapegoat. More often than not, it is LGBTI folks. Often, it is those fighting for safe abortions or against racism. Some other times, it is those advocating respectful relations with our land and natural resources. But the attacks never stop at a single movement. Case in point? Only 10 days ago, a government caved in to foreign influence and cancelled the largest global gathering on human rights in the digital age.
At ILGA World, we serve and work with LGBTI communities globally. We know that time and again, LGBTI people have resisted these pests, rolled up their sleeves alongside all the good people caring about their communities, and sown the seeds of change.
This year, the world will join to celebrate May 17 under the theme “At the heart of democracy.” Because, as disillusioned with the concept as people may be, deep down most of us believe that we all deserve a space where we can feel safe and thrive. And together, we can contribute to the beautiful, shared community garden that we deserve.
Julia Ehrt (she/her) is the Executive Director at ILGA World and a widely respected LGBTI activist and community leader.
Before joining ILGA World, she was the Executive Director of Transgender Europe, where she contributed significantly to how trans issues are perceived and debated today in Europe and beyond. She served as a founding Steering Committee member of the International Trans Fund (ITF) until 2019 and as a board member of the Association for Women’s Rights in Development (AWID) for six years. She is a member of the board of directors of the Astraea Lesbian Foundation for Justice, and a signatory to the Yogyakarta Principles plus 10.
Julia holds a PhD in mathematics and lives with her partner and child in Berlin and Geneva.
Commentary
‘Live Your Pride’ is much more than a slogan
Waves Ahead forced to cancel May 17 event in Puerto Rico
On May 5, I spoke by phone with Wilfred Labiosa, executive director of Waves Ahead, a Puerto Rico-based LGBTQ community organization that for years has provided mental health services, support programs, and safe spaces for vulnerable communities across the island. During our conversation, Labiosa confirmed every concern described in the organization’s public statement announcing the cancellation of “Live Your Pride,” an event scheduled for Sunday in the northwestern municipality of Isabela. But beyond the financial struggles and organizational challenges, what stayed with me most was the emotional weight behind his words. There was pain in his voice while describing what it means to watch spaces like these slowly disappear.
This was not simply the cancellation of a community event.
“Live Your Pride” had been envisioned as a celebration and affirming gathering for LGBTQ older adults and their allies in Puerto Rico. In a society where many LGBTQ elders spent decades hiding parts of themselves in order to survive, spaces like this carry enormous emotional and social significance. They become places where people can finally exist openly, without fear, apology, or shame.
That is why this cancellation matters far beyond Isabela.
What is happening in Puerto Rico cannot be separated from the broader political climate unfolding across the U.S. and its territories, where programs connected to diversity, inclusion, education, mental health, and LGBTQ visibility increasingly find themselves under political attack. These changes do not always arrive through dramatic announcements. More often, they happen quietly. Funding disappears. Community organizations weaken. Safe spaces become harder to sustain. Eventually, the absence itself begins to feel normal.
That normalization is dangerous.
For years, organizations like Waves Ahead have stepped into gaps left behind by institutions and governments, particularly in communities where LGBTQ people continue facing discrimination, social isolation, economic instability, and mental health struggles. Their work has never been limited to organizing events. It has involved accompanying people through loneliness, trauma, rejection, depression, aging, and survival itself.
“Live Your Pride” represented much more than entertainment. It represented visibility for LGBTQ older adults, many of whom survived decades of family rejection, religious exclusion, workplace discrimination, violence, and silence. These are individuals who came of age during years when living openly could cost someone employment, housing, relationships, or personal safety. Many learned to survive by making themselves invisible.
When spaces like this disappear, something deeply human is lost.
A gathering is canceled, yes, but so is an opportunity for healing, connection, recognition, and dignity. For many LGBTQ older adults, especially in smaller municipalities across Puerto Rico, these events are not secondary luxuries. They are reminders that their lives still matter in a society that too often treats aging and queer existence as disposable.
There are still political and religious sectors that portray the rainbow as some kind of ideological threat. But the rainbow does not erase anyone. It illuminates people and stories that society has often tried to ignore. It reflects the lives of young people forced out of their homes, transgender individuals targeted by violence, older adults aging in silence, and families that spent years defending their right to exist openly.
Perhaps that is precisely why the rainbow unsettles some people so deeply.
Its colors expose abandonment, hypocrisy, inequality, and fear. They force societies to confront realities that are easier to ignore than to address honestly. They reveal how fragile human dignity becomes when political agendas decide that certain communities are no longer worthy of protection, funding, or visibility.
The greatest concern here is not solely the cancellation of one event in one Puerto Rican town. The deeper concern is the message quietly taking shape behind decisions like these — the idea that some communities can wait, that some lives deserve fewer resources, and that safe spaces for vulnerable people are expendable during moments of political tension.
History has shown repeatedly how social regression begins. Rarely with one dramatic act. More often through exhaustion, silence, budget cuts, and the slow dismantling of organizations doing essential community work.
Even so, Waves Ahead made one thing clear in its statement. Although “Live Your Pride” has been canceled, the organization will continue providing mental health and community support services through its centers across Puerto Rico. That commitment matters because people do not survive on slogans alone. They survive because somewhere there are still open doors, trained professionals, supportive communities, and people willing to remain present when the world becomes colder and more hostile.
Puerto Rico should pay close attention to what this moment represents. No healthy society is built by weakening the organizations that care for vulnerable people. No government should feel comfortable watching community groups struggle to survive while attempting to provide services and compassion that public institutions themselves often fail to offer.
The rainbow has never been the problem.
The real problem is the discomfort created when its colors force society to confront the wounds, inequalities, and human realities that too many people would rather keep hidden.
Opinions
LGBTQ community must say NO to Janeese Lewis George
Mayoral candidate should disavow Jauhar Abraham
Unless she disavows the support, and words, of those like Jauhar Abraham, which she hasn’t done, the LGBTQ community should say a resounding NO to voting for Janeese Lewis George. I don’t know her personally, but I do know what Abraham said about my community, and I know George not only accepted his endorsement, but went to help celebrate his birthday with him.
Abraham called gay men ‘fags.’ He then ranted, including saying gay men, who he called ‘sissies,’ should not be allowed to teach his children in our public schools. We have spent too many years fighting for our rights and dignity as gay men, and have come too far, to have a mayor who will not call out that kind of language, and the person who uses it.
Another issue on which I criticized George is her asking for, and getting, the endorsement of the Democratic Socialists of America (DSA), a group that is considered antisemitic. The DSA calls for the abolishment of the State of Israel, from ‘The river to the sea’ and tells endorsed candidates they may not meet with any Zionist organization, among other things. Her response to being called out on this by Ron Halber of the Jewish Community Relations Council of Greater Washington, was to have a private meeting with some Jewish leaders, where she blamed the answers to the questionnaire she submitted asking for the DSA endorsement, on a staffer. She neither fired the staffer, nor said which statements the staffer made she disagreed with. She has never disavowed the positions of the DSA. No one at that meeting was satisfied, and the same week she headlined, with others, a DSA rally. She claimed she is only a member of the Metro DSA group, but you cannot be a member of the local group, without being a member of the national organization. She also said she is a member of the Democratic Party, and doesn’t always agree with all they say. Well, it’s simple. In both cases, tell us what you disagree with in both their platforms. She has refused to do this.
I want the next mayor of D.C. to be willing to take responsibility for what they do, and say. I never agree 100% with any politician I have supported, and never expect to. But I want honest politicians. When something gets screwed up in the mayor’s office, will George blame it on a staffer?
It is also clear she doesn’t fully understand the tightrope a D.C. mayor must walk because we are not a state. George is clearly trying to emulate the campaign Mamdani ran for mayor in New York City. It was a great campaign. Mamdani is a great speaker, and charismatic. He also had the benefit, George doesn’t have, to run against a totally flawed candidate. Mamdani deserved to win.
I also want my adopted city of D.C., having moved here in 1978, to succeed. But what we are seeing in New York as Mamdani tries to make good on his promises, is his needing the help of the governor, and the state legislature. What George apparently misses completely, is, we have no governor, or state legislature. In reality, our governor is the felon serving as president, and the state legislature is Congress. We have seen generally how unwilling they are to help, and in most cases would rather try to hinder us from moving forward. It requires the mayor to be a constant advocate, but while doing that, also walking a tightrope. While fighting for statehood, and in the meantime, budget and legislative autonomy, the mayor has to deal with what exists today. Even if Democrats win back Congress in 2026, and I think we will, the felon will be there for the first two years of our next mayor’s term. Because of that, it is even more crucial they understand how to deal with him. Whether it’s housing policy, our court system, the national guard, parks department, or a host of other agencies and issues, we don’t have full control.
So, for all these reasons, I urge the LGBTQ community, and all voters, to say NO to Janeese Lewis George. She is wrong for D.C. at this time. I urge voters to say YES to, and cast their ballot, for Kenyan McDuffie for mayor. All my reasons to vote for him can be found in a column I wrote previously for the Blade. Let’s make sure our city, a city we all love, moves forward for ALL of us.
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