Colonial-era laws that discriminate against LGBTIQ+ individuals continue to be a source of human rights violations in Sri Lanka. LGBTIQ+ individuals are targeted, harassed, arbitrarily detained and mistreated because of animosity and even hatred motivated by their real or imputed sexual orientation, gender identity and/or expression and sex characteristics (SOGIESC). Legal provisions such as Sections 365, 365A and 399 of the Penal Code and the Vagrants Ordinance violate human rights principles and standards, such as the principles of non-discrimination, equality before the law and equal protection of law, and the rights to privacy and dignity, among others.
As Sri Lanka moves towards elections this year, activists, lawyers and other stakeholders have an important role in developing laws, policies and practices that will ensure the effective protection of human rights of LGBTIQ+ people, in line with international human rights law and standards. The Penal Code Amendment Bill 2023 and the Supreme Court Determination on its constitutionality opened a space for stakeholders to get together and formulate strategies on how to move forward to uphold the human rights of LGBTIQ+ individuals.
It is in this context that BRIDGE to Equality held a two-day conference on ‘Charting the Way Forward: Equality, Non- Discrimination and Access to Justice for Sexual and Gender Minorities’ on 6-7 June 2024 in Colombo. The objectives of the Conference related to analysing international human rights principles of equality and non-discrimination and their application to LGBTIQ+ individuals in Sri Lanka, exploring intersectional approaches for LGBTIQ+ rights movements, identifying common legal barriers that impede effective access to justice for LGBTIQ+ individuals, and formulating advocacy strategies to advance legal and policy reform and better protect the human rights of LGBTIQ+ individuals. The conference was attended by approximately 60 LGBTIQ+ activists and allies. Sessions comprised of a keynote speech, panel discussions and a group activity to brainstorm on future advocacy strategies.
Discussions during the conference centered around the nature of human rights violations faced by LGBTIQ+ individuals and challenges in accessing justice, including obtaining legal support and in engaging with the National Authority for the Protection of Victims of Crime and Witnesses. Discussants also spoke about the need to eliminate punitive laws and combat internal and social stigma through collective advocacy, the impact of media sensationalism on the enjoyment of their human rights, available human rights protection mechanisms both local and international and efforts to engage with the Human Rights Commission of Sri Lanka. Also touched on was the political impact of working on LGBTIQ+ issues, and proposed policy and legal reforms and their impact. It was noted that in the recent past the decriminalization of consensual same sex-sexual conduct was cloaked in decolonization language in many former colonies with case law and/or legislation recognizing that the continued criminalization of consensual same–sex sexual relations through colonial era laws was in violation of international human rights law and standards.
Informed by these discussions, the conference concluded with participants getting together to formulate advocacy strategies for the future.
BRIDGE to Equality is a project jointly implemented by Diversity and Solidarity Trust (DAST), National Transgender Network of Sri Lanka (NTN) and Young Out Here Trust (YOH) in partnership with the International Commission of Jurists since 2021. BRIDGE aims to improve human rights protection for LGBTIQ+ individuals by overcoming challenges imposed by the current legal framework and enabling justice actors, activists and human rights defenders to improve justice outcomes.
All resources published by BRIDGE are available on their website https://bridge2equality.org/
