Sri Lanka: Treatment of homosexual men by the authorities, the Muslim community, and the broader community; laws proscribing homosexual acts and whether they are applied in practice (1997 - November 2000)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 27 November 2000 |
| Citation / Document Symbol | LKA35952.E |
| Reference | 5 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Sri Lanka: Treatment of homosexual men by the authorities, the Muslim community, and the broader community; laws proscribing homosexual acts and whether they are applied in practice (1997 - November 2000), 27 November 2000, LKA35952.E, available at: https://www.refworld.org/docid/3df4be61c.html [accessed 2 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The information contained in this Response is in addition to that available in the Research Directorate's Question and Answer series paper Sri Lanka: Political and Human Rights Update (Aug. 1996).
The practice of homosexuality in Sri Lanka is illegal and punishable by up to 12 years in prison (The Data Lounge 20 Aug. 1998; AFP 9 Sept. 1998; ibid. 4 Sept. 2000; ABC 20 July 1999). However, several sources, including Sherman de Rose, leader of Sri Lanka's gay group Companions, on a Journey, have reported that the law is not being used to prosecute homosexuals (ibid.; AFP 9 Sept. 1998; ibid. 4 Sept. 2000; Sri Lankan Gay Friends' Site July 2000). Lesbianism was only made illegal in 1995, when instead of repealing the proscriptions against homosexuality in the 1883 Penal Code, as the government had signalled it would, it instead changed the wording of the law from "males" to "persons," which thus included sex between women (AFP 5 June 2000; The Data Lounge 18 Aug. 1999).
Despite the lack of prosecutions under the law, de Rose claimed that the existence of the law "was being used to wage an official campaign against gay Sri Lankans" (The Data Lounge 20 Aug. 1998), and was also linked to homosexuals being blackmailed by police (ibid. 16 Oct. 1998), viewed as "perverts" (ABC 20 July 1999; AFP 28 June 1999), and being labelled with a "stigma" (ibid.).
In May 2000 the Sri Lanka Press Council dismissed an application made by Mr. de Rose, that The Island newspaper had "promot[ed] violence and hatred of lesbians" by publishing a letter in August 1999 (sgboy.com 24 May 2000). AFP reported that "the letter asked the authorities to unleash convicted rapists on lesbians so the 'misguided wretches' could 'understand the reality of natural sexual pleasure'" (5 June 2000). In its ruling – described by AFP as "shock judgement" (ibid.) – the Sri Lanka Press Council wrote that "Lesbianism itself is an act of sadism and salacious publication of any opinion against such activities does not amount to a promotion of sadism or salacity" (ibid.; sgboy.com 24 May 2000; The Indian Gay Club 3 June 2000). The ruling provoked a strong and critical public reaction from Companions on a Journey, Sri Lankan lesbians, the Forum for Human Dignity, human rights activists, and women's groups (ibid.; AFP 5 June 2000). A spokesperson for the Forum for Human Dignity was quoted as saying: "We don't want to encourage lesbianism in our society, but this ruling is bad" (AFP 5 June 2000). The Press Council also ordered de Rose to pay costs to the newspaper and commented that "he cannot be subject to any rape as referred to in the (Island) article and therefore he cannot be a victim of such violence" (ibid.). In contrast to this ruling by the Press Council a year earlier, The Data Lounge described the Sri Lankan press as "highly supportive of the national gay civil rights movement" and wrote that the press provided a "planned lesbian convention [with] publicity it would never have been [able] to generate given its tiny budget" (18 Aug. 1999).
Companions on a Journey has been campaigning since its formation in 1995 for a repeal of the law proscribing homosexuality that was enacted in the 1880s (The Data Lounge 20 Aug. 1998; AFP 28 June 1999; ibid.9 Sept. 2000). AFP reported on 9 September 1998 that the government had "set up a committee to draw up new laws to safeguard morals amid call to lift a century-old ban on homosexuality." In October 1998 de Rose expressed his confidence that the law "will be scrapped very soon," although the government had "so far resisted activist demands, saying there are more pressing items on its national agenda than repealing laws which have fallen into disuse" (The Data Lounge 16 Oct. 1998). Other sources corroborated the information that the government did not give the matter a high priority (AFP 28 June 1999; ABC 20 July 1999). In September 2000, de Rose stated that Companions on a Journey was seeking meetings with the major political parties in order to press them to "make their stand clear" on the repeal of the law (The Data Lounge 8 Sept. 2000; DPA 6 Sept. 2000)
In other information on the treatment of gay men in Sri Lanka, sources have reported the beatings of homosexuals, suicides, fears of "coming out," and of homosexuals "generally being treated with "distaste" and "a great deal of public intolerance (IPS 30 Dec. 1997; ibid. 8 Dec. 1999; AFP 28 June 1999; ibid. 4 Sept. 2000; ABC 20 July 1999). According to the Data Lounge the gay community is centred in Colombo, although "there are no bars or clubs where gay people can congregate" (16 Oct. 1998). However, Human Rights Watch reported that "organizations with a specialized thematic focus," including gay rights, had grown "in strength and number [in 1998] and were responsible for introducing important issues for public debate" (1999).
Companions on a Journey runs a drop-in centre (IPS 30 Dec. 1997; Sri Lankan Gay Friends' Site Feb. 2000) and has about 1,000 members (AFP 9 Sept. 2000; DPA 6 Sept. 2000). Sri Lankan Gay Friends' Site reports that Companions on a Journey also provide services related to "library and film screenings; human rights; HIV, AIDS counseling; workshop; seminars; informal gatherings" and that they "are the Asia regional representative of International Lesbian and Gay Association" (Feb. 2000).
The Sri Lankan Gay Friends' Site also reported that a group or organization called Sri Lanka Sumithrayo provides counselling services and that in an advertisement published in national newspapers it advised persons that they "can discuss anything confidentially by phoning, writing or visiting them" (July 2000). An address and telephone numbers are provided as well as its hours of operation (ibid.). It also provided contact information for two other homosexual support groups, in addition to Companions on a Journey: "66-99 Club" in Borupana, Ratmalana, for gay men and lesbians; and, "Friendship Sri Lanka" in Battaramulla, for lesbian and bisexual women (Jan. 2000a). In December 1999 this Website wrote that
66-99 club is a new gay group in Sri Lanka, based in Colombo – Mount Lavinia – Rathmalana – Nugegoda region. It is mainly run by young people. ... Though they have attracted gays even from rural parts of Sri Lanka, one of the major problems faced by this group is to find a permanent place to meet and conduct their activities.
This Website also provided information about a dinner and dance on 11 March 2000 organized by Companions on a Journey as a fundraiser for those affected by HIV/AIDS, although the location of the event was not mentioned (Mar. 2000). In September 2000, Companions on a Journey held a party to celebrate its fifth anniversary (AFP 9 Sept. 2000). De Rose stated that the location had been "kept secret to prevent hate attacks directed at gay and lesbian activists" and described the event as a "tremendous success" (ibid.).
The Sri Lankan Gay Friends' Site also wrote that the 66-99 Club and Companions on a Journey had held a disco on 15 January 2000 at the Beach Hotel in Mount Lavina and that the "66-99 Club intends to organize more gay discos, beach parties, trips, work out sessions and some other activities in future"; it advises readers to continue monitoring the Website or contact the organization by e-mail (Jan. 2000b).
In August 1999 lesbians planned a "coming out" meeting which 150 women were expected to attend (AFP 4 Aug. 1999). Organizers said "because of the repressive social and cultural environment ... they expected no more than 80 respondents nationwide. But lesbian members of ... Companions on a Journey [said] ... they'd received more than 200 inquiries so far and expect that number to climb considerably" (The Data Lounge 18 Aug. 1999). However, AFP reported on 30 December 1999 that the meeting had been rescheduled to early in 2000 because "it clashed with presidential elections." IPS reported on 8 December 1999 that two conferences were to take place in 2000 to draw attention to problems faced by homosexuals. This source reported that "the lesbian Women's Support Group is planning its first national meeting in March, which will be followed in June by a regional conference of the Asian partners of the Brussels-based International Lesbian and Gay Association" (ibid.).
No information specific to how homosexuals are treated by the Muslim community in Sri Lanka could be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Agence France Presse (AFP). 9 September 2000. Amal Jayasinghe. "Sri Lanka-Gays: Sri Lanka Gays Mark Five Years of Protest in Drag."
_____. 4 September 2000. Amal Jayasinghe. "Sri Lanka Gays Mark Five Years with 'Visible' Ball." (NEXIS)
_____. 5 June 2000. Amal Jyasinghe. "Sri Lankan Lesbians Fight Ruling Labelling Homosexuality 'Sadist'." (NEXIS)
_____. 30 December 1999. Amal Jayasinghe. "Sri Lanka's Presidential Elections Force Delay in First Lesbian Meet." (NEXIS)
_____. 4 August 1999. Amal Jayasinghe. "Sri Lanka Lesbians Plan Coming-Out Party." (NEXIS)
_____. 28 June 1999. Amal Jayasinghe. "Former Trainee Priest Leads Sri Lanka's Gay Battle to Come Out." (NEXIS)
_____. 9 September 1998. "Sri Lanka to Mull Laws to Protect Morals." (NEXIS)
Australian Broadcasting Corporation (ABC). 20 July 1999. "Haven in Sri Lanka for Gay Men and Women."
The Data Lounge, New York. 8 September 2000. "Sri Lankan Rights Activists Press Demands."
_____. 18 August 1999. "National Lesbian Conference in Sri Lanka Planned."
_____. 16 October 1998. "Sri Lankan Activists Move for Sodomy Law Repeal."
_____. 20 August 1998. "Sri Lanka Group Appeals for Gay Reform."
Deutsche Presse-Agentur (DPA). 6 September 2000. "Gay Movement Wants Homosexuality Offence Law Removed in Sri Lanka." (NEXIS)
Human Rights Watch (HRW). December 1998. World Report 1999.
The Indian Gay Club, Ludhiana, Punjab. 3 June 2000. "Women's Group Slam Lankan Press on Gay Ruling."
Inter Press Service (IPS). 8 December 1999. Feizal Samath. "Rights-Asia: Sri Lankan Gay-Lesbian Rights Groups Plan Meet." (NEXIS)
_____. 30 December 1997. Feizal Samath. "AIDS-Sri Lanka: AIDS Victims Fight Discrimination." (NEXIS)
sgboy.com, Singapore. 24 May 2000. "Sri Lanka Press Council Calls Lesbians Sadists."
Sri Lankan Gay Friends' Site. July 2000. "Counseling Service – Sri Lanka Sumithrayo."
_____. March 2000. "Pink Ball – Dinner Dance at Narahenpita."
_____. February 2000. "Companions on a Journey."
_____. January 2000a. "Gay/Lesbian Support Groups in Sri Lanka."
_____. January 2000b. "Gay-Lesbian Friendly Party/Disco in Sri Lanka."
_____. December 1999. "New Gay Group in Sri Lanka."
Additional Sources Consulted
IRB databases
LEXIS-NEXIS
REFWORLD
World News Connection (WNC)
Internet sites including:
The Data Lounge
GayLawNet
PlanetOut
Queer Resources Directory
Sri Lankan Gay Friends
Search engines including:
GayCrawler
GayInsider
GayZoo
PrideLinks
