In what could be described as a historic development, Inspector General of Police (IGP) Chandana D. Wickramaratne has apologised for acts of violence that have been committed by the Police against Sri Lanka’s lesbian, gay, bisexual, transgender, intersex and queer/questioning (LGBTIQ) community.

This was during a meeting held on 9 December with the participation of that community, high-ranking Police officers, and representatives of the Ministry of Women, Child Affairs, and Social Empowerment to discuss what steps could be taken to address the grievances of the LGBTIQ community, especially with regard to harassments faced by LGBTIQ persons at the hands of the Police. According to LGBTIQ activists who spoke with The Morning, the authorities will be preparing a circular with the assistance of the Attorney General to address rights-related violations faced by the LGBTIQ community.

The IGP’s apology is an admirable one, in a context where many oppressed communities in Sri Lanka have never received an apology or a similar acknowledgement from the authorities. However, this is not the first time that influential figures promised to work for the benefit of the LGBTIQ community, but did not deliver. The promises and plans announced at the said meeting are progressive ones. However, what will truly lead to positive changes in the manner in which LGBTIQ persons’ rights are not violated is not promises but action, and that is what will decide whether the authorities’ LGBTIQ friendly attitudes displayed at the meeting are genuine .

While addressing the issues of LGBTIQ persons requires the support of many parties, the Police force alone can do a great deal of work for that community’s wellbeing. The main, immediate step that the Police could take to protect LGBTIQ persons’ rights is ensuring that Police officers act in accordance with the law and the Constitution when dealing with LGTBIQ persons, and that they do not allow their personal attitudes, which may be against diverse sexual orientations and gender identities, get in the way of their duty. That could be achieved considerably through raising awareness, and there are plenty of organisations and activists who could educate the Police officers.

At the same time, there should be a proper mechanism to monitor how human and fundamental rights-friendly the Police officers are when performing their duties. While this medium-term step would require a significant amount of time and resources, such a monitoring system will be important not only in ensuring humane treatment for LGBTIQ persons, but for all citizens. In addition, it would be a positive step if the Police could take measures to use their officers who have been educated about this community to look into complaints or investigations pertaining to LGBTIQ persons whenever possible. 

As a long-term measure, especially in a context where the Police force has acknowledged the issues faced by the LGBTIQ community, it would make a great difference if the Police force could advocate in favour of the rights of LGBTIQ persons when engaging in legal and policy reforms. As a law enforcement agency, the Police could point out the adverse impacts of Sections 365, 365A, and 399 of the Penal Code, which have been misused against LGBTIQ persons, to the lawmakers.

Without concrete actions, rights violations faced by LGBTIQ persons will continue, and the promises given by the authorities, especially the Police force, will not make any difference whatsoever.