In 2022, the Committee on the Elimination of Discrimination against Women (CEDAW) stated that the criminalisation of same-sex relationships between consenting adult women in Sri Lanka violated the CEDAW treaty. The Government of Sri Lanka was urged to make the necessary legal reforms.
The original case which was put forward by Rosanna Flamer-Caldera, Executive Director of EQUAL GROUND, supported by Human Dignity Trust, set a major legal precedent stating that the criminalisation of lesbian and bisexual women violates the UN Convention on the Elimination of All Forms of Discrimination against Women.
However, at present, neither the required amendments have occurred nor has Ms. Flamer-Caldera been compensated. Despite the change of Government and with the new Government stating in their policies their intent to improve the welfare of the LGBTIQ community, reforms are yet to be seen.
Furthermore, in the Sept. 2023 written replies to the List of Issues, the Government of Sri Lanka (GovSL) claimed (at para 135) that “Legal gender recognition could be obtained by transgender persons in 3-5 days per existing regulations.” However, the reality is contrastingly different to their claims. As per the circular issued by the Ministry of Health, the Gender Recognition Certificate (GRC) will be issued by a psychiatrist. This evaluation process differs for each psychiatrist, at times the process would take months to complete. This directly hinders Transgender persons from changing their legal documents such as the National Identity Card as the GRC is required for them to change all legal documents.
Stark contrasts exist between what has been either claimed or promised by the Sri Lankan state versus the current realities. We urge the GovSL to promptly and fully comply with the recommendations made by the CEDAW Committee in the name of good governance.
Notes to editors
- Read the 2022 decision from the Committee on the Elimination of Discrimination against Women (CEDAW).
- Rosanna Flamer-Caldera was represented by the Human Dignity Trust, Professor Christine Chinkin, Karon Monaghan QC, Dr Keina Yoshida and DLA Piper.
- CEDAW is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women. The Committee consists of 23 experts on women’s rights from around the world. Countries that are party to the Convention are obliged to submit regular reports to the Committee on how the rights in the Convention are implemented. The Committee has the power to consider complaints from individuals alleging violations of the Convention by countries that have signed its Optional Protocol. This decision was made under this Optional Protocol procedure.
EQUAL GROUND is a nonprofit organisation seeking economic, social, cultural, civil and political rights for the Lesbian, Gay, Bisexual, Transgender, Intersex and Questioning/Queer (LGBTIQ) community of Sri Lanka. We are committed to creating a safe space for all LGBTIQ individuals and to providing opportunities for self-help including mental well-being, economic, social and political empowerment, access to health, education, housing and legal protection for the LGBTIQ community.
EQUAL GROUND is one of the truly diverse organisations in Sri Lanka which includes the wider identities of the LGBTIQ community in Sri Lanka as well as our heterosexual allies and friends.
Founded in 2004 EQUAL GROUND is also the oldest organisation of this nature functioning in the country.
For more information and to arrange interviews contact:
Rosanna Flamer-Caldera, Executive Director, EQUAL GROUND, Sri Lanka
E: equalground@gmail.com or media@equalgroundsrilanka.com
Twitter/ X: @_EQUALGROUND_
Facebook: https://www.facebook.com/EQUALGROUND/
Instagram: @equalground.srilanka
Youtube: EQUAL GROUND