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Criminalisation of same-sex sexual activity in Sri Lanka breached rights of a LGBTI activist, UN women’s rights committee says

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GENEVA – Sri Lanka violated the rights of a lesbian and leading LGBTI activist who was subjected to discrimination, threats and abuses due to the country’s Penal Code that criminalises same-sex sexual activity, the UN Committee on the Elimination of Discrimination against Women (CEDAW) has found.

In its decision published yesterday, CEDAW found that Sri Lanka has breached the rights of Rosanna Flamer-Caldera, the founder and Executive Director of Equal Ground, an organisation defending the rights of the lesbian, gay, bisexual, transgender and intersex community in Sri Lanka.

Flamer-Caldera has been supporting lesbian and bisexual women in defending their rights after discovering in 1997 that the country’s Penal Code, which criminalises same-sex sexual activity, had been amended to include also sexual conduct between women. Since then, Flamer-Caldera has suffered high-profile attacks on her character, and she and her organisation have been subjected to discrimination, harassment, stigmatization and threats of violence by State officials and members of the public, including the press and social media.

In 2012 and 2013, the Women and Children’s Bureau of the Sri Lanka Police used Flamer-Caldera’s photo and her position with Equal Ground in presentations to assert that the rise of child abuse was mainly due to the “growing homosexual culture”. They claimed that she and her organisation were responsible for “spreading” homosexuality, implying that they were also responsible for “spreading” paedophilia.

Despite facing harassment and stigmatization, Flamer-Caldera did not complain to the police as she was worried she would be arrested. As a result of the amended Penal Code, she has been under constant risk of arrest, detention and investigation of her private life and has had to modify her behaviour.

Flamer-Caldera brought her case to the Committee and claimed that the criminalisation of female same-sex sexual activity and the concomitant potential for arrest and prosecution amount to discrimination on the grounds of gender and sexual orientation, violating her right to non-discrimination.

“Ms. Flamer-Caldera has been frequently threatened and harassed by the police, the media and the public, but she has been unable to report these abuses out of fear of being arrested,” said Committee member Hiroko Akizuki.

“The criminalisation of same-sex sexual activity has meant that the discrimination, violence and harassment on the lesbian, gay, bisexual, transgender and intersex community in Sri Lanka will continue with impunity,” she added.

CEDAW found that the Sri Lankan authorities have subjected Flamer-Caldera to gender-based discrimination and violence.

It found that the Sri Lankan authorities had not taken any legal or other measures to respect and protect Flamer-Caldera’s right to a life free from gender-based violence or to eliminate the prejudices to which she has been exposed as a woman, lesbian and activist.

It also found that the authorities have breached her right to access to justice to complain of the abuses and her right to non-discrimination concerning her family relations.

The Committee urged Sri Lanka to decriminalise same-sex sexual conduct. It also requested that the State take immediate and effective action to stop the threats, harassment and abuse, which Flamer-Caldera has been subjected to, and to take criminal procedures to hold those responsible to account. – ohchr.org



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Cardinal: Presidents, IGPs and AG sabotaged Easter carnage probes before 2024 regime change

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Ven. Omalpe Sobitha Nayaka Thera, Malcolm Cardinal Ranjith and Rev. Dr. Andrzej Józwowicz, Apostolic Nuncio in Sri Lanka, at an event held yesterday at St. Anthony's Church, Kochchikade, Colombo, to mark the seventh anniversary of the Easter Sunday terror attacks. (pic by Nishan S. Priyantha)

… successive governments sat on PCoI report handed over in Feb. 2021

His Eminence Malcolm Cardinal Ranjith yesterday (21) alleged that those who were in power from 2019 to September 2024 sabotaged investigations into the Easter Sunday carnage (2019).

Addressing the Seventh Year Commemoration of the Easter Sunday suicide attacks, at St. Anthony’s Church Kochchikade, Colombo, the Archbishop of Colombo said that unlike the present leaders of the country, almost all the power holders, since the 2019 April attacks, including former Presidents, Heads of the Police and the AG’s department officials, instead of sincerely finding out as to who and what was behind the horrific crime, tried their best to confuse the public, muddle up the investigations and appointing all kinds of committees, with highly suspect investigators, in order to come out with conclusions crafted by them, and tried to sabotage the truth from emerging.

In spite of the change of government, in September 2024, certain officials of the “deep state” were seeking to obstruct the smooth flow of ongoing investigations.

Regardless of the Presidential Commission of Inquiry (PCOI) giving clear directives to the Attorney General and to that department to take clear legal and disciplinary actions against some of the political figures, officials of the security establishment and organisations for criminal neglect of duty, very little has so far been done on this matter by them.

The PCoI handed over its report to President Gotabaya Rajapaksa in February 2021.

The Catholic leader emphasised the need to investigate possible links between the Easter Sunday massacre and attacks, targeting the Muslim community, on the night of 5th May and, once again, on 11th, 12th and 13th May, starting from the Nattandiya-Madampe area, through Kotaramulla to Minuwangoda. The Cardinal said: “This may have a link to the main attacks on 21st April 2019. One must also verify as to whether anyone in the security establishment prevented those responsible from controlling these attacks as and when they began.”

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CIABOC asks Parliament not to transfer witness in case against Deputy Secy General

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The Commission to Investigate Allegations of Bribery or Corruption (CIABOC) has directed the Secretary General of Parliament Kushani Rohanadeera to cancel an internal transfer of a senior official.

Sources said that the CIABOC intervened as the female official to be transferred is a key witness in the ongoing investigation into the conduct of suspended Deputy Secretary General of Parliament Chaminda Kularatne. The CIABOC has asked the Secretary General to delay the transfer until the conclusion of its investigation.

CIABOC initiated the investigation following a complaint against Kularatne, who himself complained against Speaker Dr. Jagath Wickremaratne over corruption and irregularities.

The female official’s transfer was to take effect on 20 April.

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UN wants Sri Lanka to deliver concrete results in Easter Sunday bombing probe

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The United Nations has urged Sri Lanka to deliver concrete results after long-running investigations into the 2019 Easter Sunday suicide bombings that killed 279 people, including 45 foreigners.

The UN’s top envoy to the country, Marc-Andre Franche, said survivors and families of victims were still waiting for answers, despite multiple probes and renewed political pledges following the formation of a new government in September 2024.

“Public commitments by the government to pursue justice are important and must be welcomed,” he said, as the nation marked seven years since the bombings on Tuesday.

“But what matters now is results,” he said at a remembrance service in Colombo.

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