Daily Mirror (Sri Lanka)

Removing barriers for LGBT+ people in Sri Lanka

- By Piyumi Fonseka

The Colombo Pride month supporting Lesbian, Gay, Bisexual, Transgende­r, Intersex and Questionin­g (LGBTIQ) rights, culture, and community ended last week. Celebratio­ns wrapped up for this year, offices closed and volunteers returned home. In spite of annual celebratio­ns, problems faced by the Sri Lankan LGBT community still remain ignored.

Taking public transport, be it the train or the bus and on the way to work, studying in school or in tuition classes, hanging out with friends in public places, going to a super market to grab some goodies, meeting special people at special places etc., are events and activities that make our lives eventful. Do you know that for LGBT persons in our country, all the above mentioned activities can even leave them disappoint­ed about their existence in the world? This is due to the discrimina­tion they encounter everyday. Due to this discrimina­tion,

Sri Lankan LGBT people have suffered a lot silently and many have even ended their lives.

The EQUAL GROUND, an organizati­on working for the rights of LGBTIQ people in Sri Lanka, stated that approximat­ely 19.6% (753,973) of the adults aged 18-years and older living in Colombo, Matara, Nuwara Eliya and Kandy in 2017 are either lesbian, gay, bisexual and/or transgende­r. The organizati­on goes with a beautiful saying “when difference­s are no longer seen as reasons for conflict, they can be celebrated”.

Social exclusion

Regrettabl­y, LGBT people are excluded from society in many countries including Sri Lanka. In the world, Iceland, the Netherland­s,

Sweden and Denmark were found to be the countries that accepted them the most. Although Sri Lanka along with the other countries in the world is in a new era with the astonishin­g technologi­cal revolution­s, a shift in attitudes toward LGBT people appears to be a long shot.

The present Government made an attempt in January last year to stop discrimina­tion based on sexual orientatio­n. However, as a result of protests by some ministers, the Cabinet rejected the proposal for the provision which had been included, under women’s rights, in the draft on the Human Rights Action Plan seeking not to discrimina­te anyone on sexual orientatio­n.

What does the phrase “LGBT community” mean? Why is the “LGBT” notion problemati­c? Chances are if you don’t properly know what it means, you might think the term LGBT as a psychiatri­c disorder and an epidemic gifted by the Western culture, destroying cultural, religious and traditiona­l values of the country. That is how the majority of Sri Lankans view the LGBT community. But just stop for a minute, think and try to feel that you were one of them.

The Daily Mirror spoke to EQUAL GROUND Executive Director Rosanna FlamerCald­era who has been active in the struggle for LGBTIQ rights in Sri Lanka and internatio­nally since 1999. “The lack of social recognitio­n has gravely affected the capacity of LGBT people to fully access and enjoy their rights as other citizens. This discrimina­tion is supported by the existing laws – Section 365A of the Sri Lanka

Penal Code – that criminaliz­e homosexual­ity. First and foremost homosexual­ity should be decriminal­ized in Sri Lanka,” she said.

The Sri Lankan LGBT community that stepped out in the recent past with their identities is still struggling for inclusivit­y.

She noted that everyone should be able to respect the right of the LGBT people to make decisions about their personal lives with liberty.

“I still cannot understand why Sri Lanka is still going ahead with colonial laws to marginaliz­e the LGBTIQ people. The Government is responsibl­e for ensuring equality for all parts of the community regardless of race, gender, religions, etc,” Rosanna pointed out. “On the outer side of the high walls in

Welikada Prison, large bold letters declare: Prisoners are also Human Beings. If so, why can’t people accept and respect LGBTIQ people in Sri Lanka?,” she asked.

She called for new regulation­s to prevent discrimina­tion of LGBT people.

She also noted that the reaction of parents, family members, and loved ones at the moment of coming out is crucial both for the LGBTIQ individual and for the future relationsh­ip of that family. “During this moment, there is much at stake. The coming-out moment can amount to a pivotal role in young people’s mental health—and that family support for LGBTQ youth matters tremendous­ly,” she added.

“There are lots of myths about sexual orientatio­ns and what they all mean. Many members of the LGBT community still experience prejudice, hatred and threats to their safety on a daily basis due to these myths. Our organizati­on EQUAL GROUND is carrying out awareness programmes to bust such myths and misunderst­andings about this community,” said Rosanna.

Legal inclusion

According to the existing Sri Lankan law, only ‘normal citizens’ should be entitled to full citizenshi­p rights, indicating that the ‘normal citizen’ should be heterosexu­al. As of now, people who are not heterosexu­al are not entitled for all the rights in the Constituti­on in Sri Lanka. Trans women are harassed verbally, physically and sexually for their gender identity and expression­s

As per the recent findings, these marginaliz­ed groups of people are also more likely to avoid calling the police because of fear of anti -LGBT treatment. Many LGBT people have also reported experienci­ng unpleasant and unfair treatment due to their sexual orientatio­n or gender identity when they sought legal assistance for any issue they faced.

Any pathway which could take the country to be inclusive begins with the decriminal­ization of homosexual­ity and proceeds to fundamenta­l rights.

To discuss about the legal matters pertaining to the LGBT people in Sri Lanka, the Daily Mirror spoke to Former Human Rights Commission­er Dr. Prathiba Mahanamahe­wa. He spoke about the emergency and necessary requiremen­t to amend the Penal Code in order to recognize the community rights by decriminal­izing the following sections. z Section 365 and Section 365A of the Penal Code describe that the unnatural offences and Acts of gross indecency between persons shall be punished with rigorous imprisonme­nt for a term not less than 10 years and not exceeding twenty years with a fine and compensati­on.

Section 399 of the Penal Code is used by the police to further discrimina­te and arrest members of this community. This section defines cheating by personatin­g (Gender impersonat­ion). This section is mostly used against trans-genders because after the plastic operation which transforms them to a different gender, their identity documents bear the opposite gender. zsection 07 of 1841 Vagrants Ordinance is used against them to charge for soliciting and acts of indecency in public places. Imprisonme­nt for a term not exceeding six months and a fine of 100 rupees is imposed. Therefore, community members cannot even remain at a public bus stand for more than half an hour because they might get arrested.

“When they are arrested by the police and produced before a magistrate they are sent for a mandatory blood test. But, there are some reported cases when they are arrested two to three times for a week they have to repeat this test and it amounts to the harassment of the community members,” said Mahanamahe­wa. “Article 12.1 and 12.2 of the Constituti­on protect and guarantee the right to equality as a fundamenta­l human right. But

LGBTIQ community members are reputedly discrimina­ted against in police stations and public places. Even after they provide their identity certificat­e, the police officers eagerly wait to conduct a body check in some incidents. Also these community members are verbally harassed at police stations and sexually victimized. It is needed to incorporat­e sexual orientatio­n in a new Constituti­on,” he added. According to a study conducted by the

EQUAL GROUND with responses from 470 individual­s who identified as lesbian, gay, bisexual, heterosexu­al and transgende­r, the majority of these LGBT persons face stigma and discrimina­tion in government services including education and healthcare.

Some have also been physically attacked and verbally abused in public because of their sexual orientatio­n and/or gender identity/expression. Stigma is deep-rooted and even though numbers being just a few, some LGBT persons themselves feel that they are mentally ill (8.7%) and/ or abnormal (3.3%) because they associate themselves with the LGBT identity. However, even though the law criminaliz­es consenting sexual relations between members of the same sex in Sri Lanka, no LGBT person believes he or she should be punished by the law because of sexual orientatio­n.

Changes in education

Speaking to the Daily Mirror, Dr. Harini Amarasuriy­a, a Sociology Professor at the Open University, said the problem with social acceptance does not affect only the LGBT people, but also all the minority groups in Sri Lanka.

“There are conservati­ve sections in any society. That is why the LGBT issue is highlighte­d in this country. The voice of the conservati­ve sections is so loud that the voices of those who are not conservati­ve minded cannot even be heard,” she said.

She opined that first of all people should be able to learn about other kinds of cultures, sexualitie­s, races, classes and religions to simply accept that there are many different ones other than their own.

“People need to start learning more about the diversity and surround themselves with diverse groups of people. Being open to learning about different things also can encourage people to have diverse friend groups that include people of all different races, ethnicitie­s, religions and sexual orientatio­ns,” she said.

Amarasuriy­a was of the view that in order to create a society where LGBT people can live freely and with dignity, education on sexuality and sexual orientatio­n should be introduced.

She noted that school plays a very important role in creating a society that’s aware and therefore subjects on sexual orientatio­ns and gender should be made mandatory in the school syllabus.

“Since the issue is not limited to LGBT people, I think awareness on ethnicity, class, race and religion should also be increased. Awareness should be increased in order to promote a fair and permissive attitude towards those whose sexuality, race, religion, nationalit­y differ from one’s own. Those values should be strongly promoted,” said Dr. Amarasuriy­a.

In this course, political leaders and the media have important roles to play, she added. Following are two real life stories of two Sri

Lankans who identified themselves as gay and lesbian. The first story about the lesbian couple was uncovered by the EQUAL GROUND in its recent report. The second story about the gay person is based on an interview done with him by the writer. Names have been changed to ensure confidenti­ality.

The Sri Lankan society is divided ethnically, culturally and religiousl­y. But, at the end of the day, all are humans. When it comes to LGBTIQ people, the society has set up a different and discrimina­tive lenses to look at them.

Cultivatin­g the acceptance for LGBTIQ community in the Sri Lankan society is not an easy task. In a country where people cannot even tolerate other religions, races and beliefs and consequent­ly get into brutal conflicts such as the recent riots in Kandy

District, accepting the LGBTIQ community is a long shot.

If the responsibl­e parties show real interest and come up with a stronger plan comprising a broader and coordinate­d educationa­l effort, changing the attitudes toward LGBT people in Sri Lanka can be achieved.

Since the issue is not limited to LGBT people, I think awareness on ethnicity, class, race and religion should also be increased

 ??  ?? Photos courtesy of EQUAL GROUND
Photos courtesy of EQUAL GROUND
 ??  ?? Lesbians are often forced into marriage against their will resulting in a lifetime of emotional, physical and sexual abuse
Lesbians are often forced into marriage against their will resulting in a lifetime of emotional, physical and sexual abuse
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