EQUAL GROUND’S Rosanna Flamer-Caldera on Decriminalising SAME-SEX RELATIONS in Sri Lanka

Homosexuality is currently a criminal offence in 67 jurisdictions, including Sri Lanka where it carries a penalty of up to 10 years’ imprisonment. Following many years of advocacy by EQUAL GROUND, in February the Sri Lankan government announced at the UPR review of Sri Lanka that it will decriminalise homosexuality. We spoke with Rosanna Flamer-Caldera, the Executive Director of EQUAL GROUND in Sri Lanka about the journey to get to this point, the potential impact of this win, and what work still needs to be done in the region to progress LGBTQI rights. 

“You cannot be free to be who you are in a country where homosexuality is criminalised,” explains Rosanna when asked how laws that criminalise homosexuality impact the lives of LGBTQI people.

She goes on to explain: “You have a lot of shame and stigma within yourself, so mental health issues are rife. In all parts of society, you are discriminated against, whether that’s at work, at school - you’re bullied and picked on, the police harass and intimidate you, in every sphere you are harassed and pushed into a corner. And depending on what part of society you are from, if you are from a low or middle income family, you hardly have any rights to begin with, so being queer is adding fuel to the fire, so to speak.”

This decision to decriminalise, if it in fact happens, is a huge win for the LGBTQI community in Sri Lanka, and is the result of years of advocacy and campaigning. In 2022, the UN Committee on the Elimination of Discrimination Against Women (CEDAW) made a ground-breaking decision which found that the criminalisation of consensual, same-sex intimacy between women was a human rights violation.  The case, the first of its kind, was brought forward by Rosanna and supported by the Human Dignity Trust. 

“There are two key cases that have led to this moment,” Rosanna explains. “One is the CEDAW case and the other is the case against the Police that we filed in the Court of Appeal in Sri Lanka in response to a police trainer who was using homophobic rhetoric to say that all homosexuals are paedophiles.” 

Thanks to EQUAL GROUND bringing this case forward, the Police have issued a comprehensive guidance circulated to every Police Station in Sri Lanka protecting transgender rights by prohibiting arbitrary arrests, all discriminatory actions, and harassment including intrusive examinations. While this was not the outcome EQUAL GROUND was looking for from the courts, it was a significant one. “We have subsequently opened the case again to implore the Police to include all members of the LGBTQI community in this circular.” Rosanna added. There is still much work to be done to ensure the protection of LGBTQI people from discrimination by Police in Sri Lanka, this circular is being viewed as a massive first step forward.

Talking about how she personally feels as an activist who has helped make this win possible for the LGBTQI community in Sri Lanka, Rosanna stated “I see it as just part of my work. I’m happy of course, but we still have such a long way to go. Every day is a challenge in Sri Lanka.”

Although it has now been made possible to decriminalise homosexuality in Sri Lanka, there is still more work to be done to make the country a safe place for LGBTQI persons. “It’s going to take a lot more sensitising and education, but at least now we will have the law on our side” explains Rosanna. “It will take so much to change the mindsets of the education system, the health system, the social services system, housing, so many things that have to change, because ultimately, it’s not about the law, it’s about people’s perceptions, and there are a lot of homophobic people still in Sri Lanka.”