Sri Lankan politics, though notoriously prone to character assassination has never had a history of villifying its stakeholders based on their sexual orientation. That is a positive side of the political culture, which, the country could be proud of, though the political culture in this country in general is largely illiberal, feudal and is based on a system of patronage, which is, of course the sad side of it. However, sexual orientation – be it gay, lesbian, heterosexual or bisexual, (even pansexual) – has never been a handicap to aspire for political office. We have had an openly gay foreign minister, a prime minister and some others who are gender ‘vague’, but none denounced them for their sexual orientation.
It has, largely, been the consensus that sexual orientation is a matter of the private domain and it hardly pertinent in the electability of a candidate. In this context, one would say, with enough empirical evidence, that we are fairly more ‘liberal’ than the United States where, gays in the military is an issue which could swing an election. However, that magnanimity to sexual minorities in the Sri Lankan political culture stops within the top echelons of social life. It is quite a different story for hundreds of thousands of gays and lesbians who face daily discrimination due to their gender identity and sexual orientation.
Criminalizing homosexuality
According to conservative estimates, eight to ten per cent of the total population are gays and lesbians. That means, approximately 2 million of Sri Lanka’s 20 million population are gays and lesbians. Yet, an archaic 19th century colonial law, the Sri Lankan penal code criminalizes homosexuality— which means, it makes ten per cent of country’s population criminals for who they are. Homosexuality is criminalized under article 365A of the penal code which prohibits anyone, irrespective of gender, engaging in ‘gross indecency’, something not defined in the law. Though the law has not explicitly been used against adult, private and consensual sexual conduct, gay and lesbian rights activists complain that it has been used to harass gays and lesbians.
Rossana Flamer-Caldera, Executive Director of Equal Ground, a non government organization, which campaigns for the rights of the Lesbian, Gay Bisexual and Transgender (LGBT) community says that the archaic law is being used by police and law enforcement agencies to harass, threaten and blackmail Sri Lankan LGBT people. How often are they being harassed? “Daily”… at their workplaces, at job interviews, on the road,” says, Flamer-Caldera.
Many abuses happen below the radar of media, for the abused party rarely goes public to speak out against the abuser due to the stigma attached to being a gay or a lesbian.
The Women’s Support Group, another non governmental organization dedicated to rights of women of lesbian, bisexual and transgender orientation has posted on their website, the agonizing personal tales of gays and lesbians who suffered, and were often forced to flee the country due to their sexual orientation.
Two weeks back, during an annual gay pride celebration held in Colombo, Rossana Flamer-Caldera made a passionate plea for equal rights for the Sri Lankan gay and lesbian community.
“…We are not only hair dressers and drag queens, we are also doctors, journalists, artists, lawyers, accountants, nurses….we are everywhere and anywhere and we continue to strongly advocate on behalf of all of us and mainly the mostly invisible Lesbian, Gay, Bisexual and Transgender community of Sri Lanka.”
“…We want to celebrate our lives, our loves and most of all – who we are. We do not want to be in closets anymore. We shouldn’t have to be in closets to begin with! Embrace your uniqueness. Embrace your sexuality. Embrace diversity. Be proud of who you are, whatever your sexual orientation may be.
Closets are for clothes. Step out. Be Proud.”
Not all the members of the Sri Lankan gay and lesbian community have come out of their closets. But, those who dared to come out have organized themselves in self-help groups, which campaign for human and sexual rights of the LGBT community. They help their members in distress, provide counseling and legal aid, conduct ballroom dancing sessions, screen movies and celebrate annual events of the calendar of the world wide LGBT community. Going a step further, they also promote HIV AIDS awareness in the wider social spectrum. Flamer-Caldera’s plea for equal rights has, at last, caught the attention of political powers. Prime Minister D.M Jayaratne, last week told a daily English newspaper that the government was prepared for a dialogue with the local gay and lesbian community.
The prime minister said that gay and lesbian activists should explain what they mean by equal rights. Flamer-Caldera says local activists have requested an appointment with the prime minister.
Expunge
Flamer-Caldera says that LGBT activists want the government to expunge the section of the penal code which criminalizes homosexuality.
“It is silly to label homosexuality as being a western concept. It is in existence in the animal kingdom from time immemorial. It is, in fact, an archaic law which is ‘ imported’ from the west.” Second, according to Flamer-Caldera, local LGBT activists urged that the constitutional guarantees of nondiscrimination be extended to include gender identity and sexual orientation. “We want to be treated like other citizens. We are all human. We are all equal,” she says.
What about same sex marriages and civil unions?
She says it is too far off. “We take a step at a time. Same sex marriages are not in our agenda now.” That would stoke the fears of the prime minister, who deemed same sex unions as incompatible with local culture. Last year, the Indian Supreme Court in a landmark ruling decriminalized homosexuality. That decision is now touted as India’s Stonewall, named after Stonewall Riots in Greenwich Village, New York, which was the defining event which galvanized the gay rights movement in the United State and world wide. However, Sri Lankan institutions were far less supportive in the past. In 2001, Sri Lanka’s notorious Press Council ordered Sherman de Rose, an activist of the founding LGBT rights group, Companion on a Journey to pay legal fees to the Island newspaper, turning down a petition against the publication of a letter which advocated lesbian women to be raped by convicted rapists to ‘cure’ them.
Rejecting the petition, the Press Council held that lesbianism was, “an act of sadism” and that homosexuality was an immoral and abnormal crime. That however had unexpected positive fallout. It drew public attention to the rights of the gay community. Flamer-Caldera says gays and lesbians don’t ask for special rights.
“We ask to be treated like follow citizens. We asked to be accepted for who we are.” That is, of course, isn’t too much to ask for.