• Gender Equality Council to be formed
• Gender focal points mandated for all institutions 
• No reference to sexual orientation 
• New report notes Police officers lack gender sensitivity training 

The recently-issued Gender Equality Bill provides for a number of new policies aimed at facilitating gender equality principles, with two key provisions: the establishment of a Gender Equality Council and a ‘gender focal point’ for all public and private institutions. 

The Sunday Morning learns that the bill is due to be presented in Parliament by next month.

As stated in the bill, every person shall have the right to gender equality. Accordingly, the bill’s objectives are to:

1. Establish and facilitate gender equality principles in making social, economic, political, cultural, and technological policies
2. Ensure that every person enjoys without discrimination based on sex or gender identity the fundamental rights and freedoms guaranteed by the Constitution 
3. Facilitate the identification and elimination of systemic and structural causes of gender inequality and gender-based discrimination including direct, indirect, multiple, and intersectional discrimination in policy, programmes, and delivery of services to persons of different gender identities 
4. Take measures to redress disadvantage, marginalisation, sexism, stigma, categorising, stereotyping, prejudice, and violence, and to accommodate men, women, and persons of different gender identities through structural change
5. Protect human dignity irrespective of sex or gender identity
6. Provide equal opportunities and an enabling environment to achieve results on gender equality
7. Establish principles of gender equality and ensure compliance of such principles in the conduct of public institutions, businesses, civil society organisations, employment, and other legal entities and individuals

Women, Child Affairs, and Social Empowerment Ministry Legal Officer Kumudu Perera told The Sunday Morning that the bill had been introduced to ensure the rights of all genders as there were people identifying with different genders in the country who had been facing much harassment. 

“At one point, the Inspector General of Police (IGP) even issued a circular on how to handle cases with regard to people of different genders. The bill aims to ensure their rights and identify them as citizens of this country who also have equal rights. It applies to both the private and public sectors and outlines how to ensure that equal rights of genders are protected,” said Perera. 

Speaking to The Sunday Morning, iProbono Equality Director Aritha Wickramasinghe said that he viewed the bill as “positive and progressive” and that it would “do a lot to address discrimination and inequality based on many categories, especially gender and gender identity”. 

“The express recognition of the right to gender equality is positive and must be commended. There is an increasing obligation on all of us to ensure our policies are not discriminatory – either directly or indirectly – and to recognise that all persons are entitled to equality and a life full of dignity. I think that is what this bill is trying to achieve, specifically for women and gender minorities,” said Wickramasinghe. 

Gender Equality Council

The new law provides for the establishment of a Gender Equality Council consisting of five ex-officio members: the secretaries to the Women’s Ministry, Justice Ministry, Education Ministry, and Youth Affairs Ministry and the IGP.

The Women’s Affairs Minister shall also appoint two individuals from the gender and health studies fields and two from the areas of human rights or social empowerment.

Thus, the council is primarily mandated to:

1. Recommend measures to the Government on gender equality and to have an integrated machinery for the implementation of the National Policy on Gender Equality and Empowerment of Women
2. Scrutinise pending legislation which may have an impact on women from a gender equality and women’s empowerment perspective
3. Initiate and implement schemes for the promotion, protection, and advancement of gender equality
4. Identify the principal causes of gender inequality and promote effective measures for its prevention and control
5. Provide support to and evaluate public and private institutions for taking special measures to implement the National Policy on Gender Equality and Empowerment of Women

Despite the objectives of the proposed council, the US’s ‘2023 Country Reports on Human Rights Practices: Sri Lanka’ released on Monday (22) noted that the existing law criminalised gender impersonation, which, according to activists, the Police had occasionally used to harass transgender persons. 

In March, the Human Rights Commission of Sri Lanka (HRCSL) issued guidelines for Police officers regarding their interactions with transgender persons while the Police also issued new guidelines aimed at respecting the rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI) persons, and to stop the arrest and harassment of transgender persons. 

“Women’s organisations reported Police and Judiciary responses to rape and domestic violence incidents and cases were inadequate. Non-Governmental Organisations (NGOs) reported many Police officers did not have sufficient gender sensitivity training to deal with survivors of sexual violence and there was a lack of Tamil-speaking judicial medical officers,” the report further states. 

Gender focal point

The bill also states that all public and private institutions should appoint or designate a staff member responsible for gender mainstreaming and equality activities. The new law defines gender mainstreaming as the process of assessing the implications for persons of different sexes, genders, and gender identities of any planned action including legislation, policies, or programmes across all areas and levels.

Furthermore, gender equality is defined as the equality between persons of different sexes and gender identities without gender-based discrimination and includes equal opportunity of enjoyment of or access to education, employment, healthcare and healthcare information, private and family life, justice and dispute resolution, public places and buildings, public services, media and information communication technologies, protection from violence, and economic, political, and social activities. 

No reference to sexual orientation

Wickramasinghe said that they had expected the bill to specifically reference sexual orientation as well, adding that it would have been beneficial.

However, it is learnt that although the Women’s Affairs Ministry had received requests to include provisions about sexual orientation, they had not been taken forward due to Article 365 of the Penal Code which criminalises “whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal”. 

“I don’t think we need to wait for Penal Code amendments to prohibit discrimination based on sexual orientation. Various Supreme Court determinations have been very clear that the Constitution already bars discrimination based on sexual orientation,” said Wickramasinghe. 

The US country report also states that some members of the LGBTQI+ community reported being refused employment or forced out of work due to their sexual orientation, while transgender persons had continued to face societal discrimination including mistreatment and discrimination when accessing employment, housing, and healthcare.