Sri Lankan politics have historically been rife with anti-LGBTQIA (Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, and Asexual/Ally) sentiment, with the collective never truly taking a stance in favour of the matter.
In the past, the political arena has been overrun with homophobia, with examples such as when, back in 2017, during a parliamentary debate between MP Mangala Samaraweera the Minister of External Affairs at the time, a somewhat openly LGBTQIA+ identifying individual, and MP Wimal Weerawansa, the Opposition benches threw the term “ponnaya” at Samaraweera, which is a highly pejorative homophobic slur.
Former President Maithripala Sirisena publicly affirmed his stance against the LGBTQIA+ community when he announced in early 2017 that he rejected the proposed bill to decriminalise homosexuality in the island: “Samalingika yojanava visikalé mamai”. And at a public rally held in November 2018, Sirisena went on to make the infamous homophobic remark aimed at the LGBTQIA+ community accusing then Prime Minister Ranil Wickremesinghe of having rejected national values and having entered a “butterfly life” (samanala jeevithaya), implying a queer lifestyle.
This anti-LGBTQIA+ stance has been evident well prior to these events as well, with the numerous attempts at reforming laws backfiring, including the amendment made to the well-known Penal Code Articles 365 and 365A that was originally initiated by former Constitutional Affairs Minister Prof. G.L. Peiris in an attempt to decriminalise homosexual sex in 1995. However, during the debate, several lawmakers notified the Parliament that homosexual relations between two women were not criminalised under the existing 100-year-old colonial legislation, and consequently the section was reworded to expand the maximum 12-year sentence to females.
Having endured what would seem to be a series of extremely unfortunate events, for years, it is anyone’s guess how the LGBTQIA+ movement has remained afloat with no support from the governing parties. However, despite this bleak history, activists continue to fight and take the little wins that come their way.
Despite the general gloom, however, there have been glimpses of hope for the LGBTQIA+ community along the way, with a big win coming from a statement made by the Sri Lankan Government at a review held by United Nations Human Rights Committee in 2014, with the Government repeatedly stating that LGBTQIA+ persons in Sri Lanka are constitutionally protected from discrimination. Providing a written response to the Human Rights Committee’s questions about Sri Lanka’s failure to protect LGBTQIA+ people from widely prevalent discrimination, the Government stated: “Article 12 of the Sri Lanka Constitution recognises non-discrimination based on the grounds of race, religion, language, caste, sex, political opinion, place of birth, or any one of such grounds as a fundamental right. This measure protects persons from stigmatisation and discrimination on the basis of sexual orientation and gender identities.”
Attorney General’s (AG’s) Department of Sri Lanka Additional Solicitor General Bimba Jayasinghe Thilakaratne also reiterated: “Article 12.1 ensures equality for sexual orientation and gender identity.”
What’s happening in 2021?
As June and PRIDE month comes to an end, Sri Lanka will continue celebrating PRIDE (virtually) thorough July as well, and this year we saw a number of Lankan politicians raise their voice against discrimination and homophobia and speak out in favour of the LGBTQIA+ community, many of whom have already been allies offering support for years in their own way and others taking a stand for the first time.
A notable key highlight for the LGBTQIA+ movement was when, in an unprecedented move, President Gotabaya Rajapaksa posted a message on Twitter on 1 March 2021, celebrated by the United Nations as “Zero Discrimination Day”, noting: “Today is #ZeroDiscriminationDay. As the president of Sri Lanka I am determined to secure everybody’s right to live life with dignity regardless of age, gender, sexuality, race, physical appearance, and beliefs.” The statement, as expected, was well received, with many activists taking to Twitter to express that President Rajapaksa has become the first head of state in Sri Lanka to openly acknowledge the rights of LGBTQIA+ Sri Lankans. While there were no follow-up statements, and the President has remained entirely silent all throughout PRIDE, the tweet remained up.
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Dr. Harsha de Silva[/caption]
As June fell upon us, PRIDE was in full swing and we saw numerous public personalities step forward to express their support towards the LGBTQIA+ community, amongst whom was Member of Parliament (MP) from Colombo and Former Minister of Economic Reform and Public Distribution of the Government of Sri Lanka Dr. Harsha de Silva. He shared a public statement on Twitter: “No country should deny people their rights because of who they love; which is why we must stand up for the rights of the LGBTQIA+ community. We all have a role to play in fighting hatred, discrimination, and ignorance”, including #proudally in his tweet.
Speaking to Brunch, Dr. de Silva shared his thoughts on why Sri Lanka is still lagging behind when making the policy changes that countries like India and Nepal have done with regards to the LGBTQIA+ community, stating: “Because we are stuck in some self-determined superiority ideology of yesterday, we don’t have the ability to appreciate the reality of today.”
Speaking with MP Dr. Harini Amarasuriya, who has been an outspoken advocate for the community with many contributions made in her capacity as an MP to decriminalise the LGBTQIA+ community as well as to create an environment conducive to the community through other acts of Parliament, she shared that this matter of decriminalisation and rights for the LGBTQIA+ community has to be tackled on multiple fronts and that it cannot be limited to an exclusively legal, political, or social approach.
Amarasuriya also shared that what needs to be widely understood is that the LGBTQIA+ community is not an anti-cultural community. It is not a matter of a sudden emergence of a community known as LGBTQIA+; she said that such a community has always been a part of our society and historically, we have accommodated them. She also added that even gender fluidity is so widely recognised in our history, pointing out some of the traditional dances and costumes that male performers donned, which would be considered feminine in today’s standards, but such a distinction was not made back then.
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MP Dr. Harini Amarasuriya[/caption]
This negative attitude came much later, she said, adding that “othering” and categorising people is a matter of the modern state, which has a need to put people into easy-to-identify boxes. Then, of course, came our colonial heritage, which solidified the laws we still grapple with today, despite the originators having long since moved on, she said.
She said that if you are to consider the dealings between the government and the citizen, it must be a relationship that applies equality to all; by virtue of being a citizen, one must be afforded a level playing field with your fellows. In which case, there mustn’t be any obstacles in accessing one’s afforded rights, as, if they are available to another group of citizens, you too are entitled. The lack of conversation that exists in addressing this general disparity between access to rights for minorities like the LGBTQIA+ community, is abhorrent, and she said that often, this is due to the mindset that it is thought of as a niche issue, and therefore these voices are simply not heard.
Amarasuriya shared that members of the LGBTQIA+ community are also Sri Lankan citizens, and that she will work to raise her voice unconditionally on all platforms, not just in Parliament, to ensure that they are afforded the rights they are owed. She explained further that the struggle for the rights of the LGBTQIA+ community is not an isolated struggle but another part of the overall human rights struggle.
She stated that be it due to sheer ignorance, religious beliefs, or even to further one’s political agenda, many public personalities have not taken a stance on this matter, and she said it is significant to note that if you are to consider those who have spoken out, to them, there has neither been a big benefit nor a huge detriment because sometimes “we have to say and do things because it is the right thing”.
[caption id="attachment_147130" align="alignleft" width="226"]
MP Shanakiyan Rasamanickam[/caption]
Lastly, we spoke with MP Shanakiyan Rasamanickam of the Batticaloa District, who made a reference to the document released by the Sri Lanka Office of Westminster Foundation for Democracy representing their findings on “Sri Lanka’s perceptions of LGBTQIA+ persons”, and he said that he has been looking into the work that has been done in the North and the East with regards to the LGBTQIA+ communities. He said that his findings have been most disheartening. There is such little data to be found, as very little work has been done in these areas and so, there is a dire need to secure funding to support these communities, and provide them with much-needed assistance.
He also added that while he cannot say for certain whether these communities, particularly in the East, are ready to accept LGBTQIA+ persons, work must be done in those areas to support them regardless, and perhaps as access to counselling and community centres emerge, the mindset will also adapt accordingly.
Rasamanickam stated: “Everyone has the right to be who they are and love who they want to. Just like the ethnic minorities in Sri Lanka (Tamils and Muslims), LGBTQIA+ individuals are only ‘minorities’ in numbers. We must take special care to de-stigmatise and raise awareness in the North and East.” He also extended his wishes to the community, wishing everyone a happy PRIDE.
Dr. Harsha de Silva[/caption]
As June fell upon us, PRIDE was in full swing and we saw numerous public personalities step forward to express their support towards the LGBTQIA+ community, amongst whom was Member of Parliament (MP) from Colombo and Former Minister of Economic Reform and Public Distribution of the Government of Sri Lanka Dr. Harsha de Silva. He shared a public statement on Twitter: “No country should deny people their rights because of who they love; which is why we must stand up for the rights of the LGBTQIA+ community. We all have a role to play in fighting hatred, discrimination, and ignorance”, including #proudally in his tweet.
Speaking to Brunch, Dr. de Silva shared his thoughts on why Sri Lanka is still lagging behind when making the policy changes that countries like India and Nepal have done with regards to the LGBTQIA+ community, stating: “Because we are stuck in some self-determined superiority ideology of yesterday, we don’t have the ability to appreciate the reality of today.”
Speaking with MP Dr. Harini Amarasuriya, who has been an outspoken advocate for the community with many contributions made in her capacity as an MP to decriminalise the LGBTQIA+ community as well as to create an environment conducive to the community through other acts of Parliament, she shared that this matter of decriminalisation and rights for the LGBTQIA+ community has to be tackled on multiple fronts and that it cannot be limited to an exclusively legal, political, or social approach.
Amarasuriya also shared that what needs to be widely understood is that the LGBTQIA+ community is not an anti-cultural community. It is not a matter of a sudden emergence of a community known as LGBTQIA+; she said that such a community has always been a part of our society and historically, we have accommodated them. She also added that even gender fluidity is so widely recognised in our history, pointing out some of the traditional dances and costumes that male performers donned, which would be considered feminine in today’s standards, but such a distinction was not made back then.
[caption id="attachment_147132" align="alignright" width="226"] MP Dr. Harini Amarasuriya[/caption]
This negative attitude came much later, she said, adding that “othering” and categorising people is a matter of the modern state, which has a need to put people into easy-to-identify boxes. Then, of course, came our colonial heritage, which solidified the laws we still grapple with today, despite the originators having long since moved on, she said.
She said that if you are to consider the dealings between the government and the citizen, it must be a relationship that applies equality to all; by virtue of being a citizen, one must be afforded a level playing field with your fellows. In which case, there mustn’t be any obstacles in accessing one’s afforded rights, as, if they are available to another group of citizens, you too are entitled. The lack of conversation that exists in addressing this general disparity between access to rights for minorities like the LGBTQIA+ community, is abhorrent, and she said that often, this is due to the mindset that it is thought of as a niche issue, and therefore these voices are simply not heard.
Amarasuriya shared that members of the LGBTQIA+ community are also Sri Lankan citizens, and that she will work to raise her voice unconditionally on all platforms, not just in Parliament, to ensure that they are afforded the rights they are owed. She explained further that the struggle for the rights of the LGBTQIA+ community is not an isolated struggle but another part of the overall human rights struggle.
She stated that be it due to sheer ignorance, religious beliefs, or even to further one’s political agenda, many public personalities have not taken a stance on this matter, and she said it is significant to note that if you are to consider those who have spoken out, to them, there has neither been a big benefit nor a huge detriment because sometimes “we have to say and do things because it is the right thing”.
[caption id="attachment_147130" align="alignleft" width="226"] MP Shanakiyan Rasamanickam[/caption]
Lastly, we spoke with MP Shanakiyan Rasamanickam of the Batticaloa District, who made a reference to the document released by the Sri Lanka Office of Westminster Foundation for Democracy representing their findings on “Sri Lanka’s perceptions of LGBTQIA+ persons”, and he said that he has been looking into the work that has been done in the North and the East with regards to the LGBTQIA+ communities. He said that his findings have been most disheartening. There is such little data to be found, as very little work has been done in these areas and so, there is a dire need to secure funding to support these communities, and provide them with much-needed assistance.
He also added that while he cannot say for certain whether these communities, particularly in the East, are ready to accept LGBTQIA+ persons, work must be done in those areas to support them regardless, and perhaps as access to counselling and community centres emerge, the mindset will also adapt accordingly.
Rasamanickam stated: “Everyone has the right to be who they are and love who they want to. Just like the ethnic minorities in Sri Lanka (Tamils and Muslims), LGBTQIA+ individuals are only ‘minorities’ in numbers. We must take special care to de-stigmatise and raise awareness in the North and East.” He also extended his wishes to the community, wishing everyone a happy PRIDE.