By: Editor (LGBTIQ)

November 04, Colombo (LNW): The political landscape in Sri Lanka is on the cusp of significant change, with the upcoming Parliamentary Election on November 14. One of the most noteworthy developments in this evolving scenario is the emergence of Anura Kumara Dissanayake, the leader of the National Peoples Power (NPP) and the Janatha Vimukthi Peramuna (JVP).

Looking from the perspective of marginalised communities of the country, significantly the eyes of the Sri Lankan LGBTQIA+ community, this marks a potential beacon of hope for them, in the backdrop where Dissanayake and his team have taken a groundbreaking stance in Sri Lankan politics by categorically recognising the rights of individuals from diverse sexual orientations, gender identities, gender expressions, and sex characteristics (SOGIESC).

This historic commitment marks a significant departure from the conservative political norms that have historically dominated Sri Lanka’s governance.

The NPP’s political manifesto prominently features a pledge to decriminalise consensual same-sex relations between adults. This move not only acknowledges the existence of the LGBTQIA+ community but also signals a potential shift towards a more inclusive and progressive political framework.

Such a change is particularly significant in a country where consensual same-sex relations are deemed a criminal offence since colonial times, despite having no definitive provisions in the legal framework to prosecute them for, leaving the queer community vulnerable to discrimination, harassment, violence and marginalisation.

By recognising these rights, the NPP has positioned itself as a forward-thinking party, setting a precedent for future political discourse in Sri Lanka.

Despite this encouraging stance, the NPP faces formidable challenges in realising these aspirations. The recently dissolved Parliament held only three seats for the NPP, hence the interim-Cabinet being managed by the trio, which limits its capacity to influence legislative change effectively. Dissanayake and his team are currently operating in an interim government, navigating the complexities of governance whilst preparing for an election that could reshape the future of the country.

The previous Parliament, which is largely contesting this year’s elections, has been characterised by a conservative majority that has historically resisted liberal ideologies and mocked the rights of the LGBTQIA+ community. This backdrop poses a significant hurdle for Dissanayake’s ambitious plans to secure their rights.

For the queer community in Sri Lanka, the prospect of a government that actively advocates for their rights has generated a palpable sense of hope, one activist told LNW. She emphasised that many community members view the NPP’s commitments as a validation of their struggles and aspirations.

There is a growing recognition that the new government could potentially provide a platform for the voices of queer individuals, allowing them to participate actively in decision-making processes that affect their lives. This involvement is crucial, as it fosters a sense of agency and empowerment within a community that has often felt sidelined in political discussions.

In 2023, the Supreme Court delivered a very crucial determination affecting this population, asserting that a bill proposing decriminalisation of consensual same-sex sexual relations between adults do not violate the Constitution, and, therefore, can be made into law by the approval of the simple majority in Parliament.

This response came in countering the fundamental rights (FR) petitions brought forward by certain political groups against a private member’s bill presented by former Ruling Party MP Premnath Dolawatta proposing decriminalisation of consensual same-sex relations. Upon query, the NPP responded to the bill, stating that they back it, despite sharing political rivalry with Dolawatta’s party.

The bill, however, was subjugated to lagging despite being taken in for parliamentary debate due to the dissolution by former President Ranil Wickremesinghe ahead of the 2024 Presidential Election, and remains behind closed doors, pending an uncertain approval.

The engagement of LGBTQIA+ voices in politics is vital for creating a more inclusive society. Dissanayake’s leadership and the NPP’s willingness to address queer rights can pave the way for policies that are more reflective of the diverse needs of the population.

This inclusion would not only benefit the queer community but also enrich the political discourse in Sri Lanka, fostering a culture of acceptance and understanding. The hope is that the new government will create spaces for dialogue, allowing queer individuals to share their experiences and challenges directly with policymakers.

Dolawatta’s bill proposed amendments to the Penal Code’s Sections 365 and 365A, which prohibit carnal intercourse against ‘the order of nature’ between persons, and acts of ‘gross indecency,’ respectively, despite failing to provide elaborative definitions for either.

365: “Whoever voluntarily has carnal intercourse against the order of nature with any man, woman, or animal, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be punished with fine and where the offence is committed by a person over eighteen years of age in respect of any person under sixteen years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for injuries caused to such person.”

365A: “Any person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any person of, any act of gross indecency with another person, shall be guilty of an offence, and shall be punished with imprisonment of either the description for a term which may extend to two years or with fine or with both and where the offence is committed by a person over eighteen years of age in respect of any person under sixteen years of age shall be punished with rigorous imprisonment for a term not less than ten years and not exceeding twenty years and with fine and shall also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person.”

Neither of the clauses mention people of diverse sexual orientations, gender identities, gender expressions or sex characteristics, but the law enforcement authorities have long been known to have abused the aforementioned sections for the persecution of queer individuals in Sri Lanka.

The Attorney General’s Department on four consecutive occasions (2014, 2017, 2019 and most recently, 2022) asserted before the United Nations that the provisions of Article 12 of the Constitution do recognise LGBTQIA+ rights, and any law criminalising them, therefore, would be unconstitutional.

The discussion of LGBTQIA+ rights in Sri Lanka shall not be omitted from the national political dialogue, and recognising and protecting the rights of marginalised communities, including those of queer individuals, shall become a priority of the new regime, another activist said.

As the election date approaches, the hope amongst the queer community remains palpable. Many are cautiously optimistic that a vote for the NPP is a vote for a more inclusive Sri Lanka, one that recognises and celebrates diversity rather than suppressing it. In recent rallies, Dissanayake did promise legislative changes assuring equality for all marginalised communities. Nonetheless, activists do level criticism against the current regime’s low-key pitch about the queer issue.

A future Dissanayake-led administration must act in the interest of the public and shall not forget that 1.5 million people of the population have recognised themselves within the LGBTQIA+ spectrum and are registered voters. For many, this year’s election represents not just a chance for a change in the corrupt political system, but a critical opportunity to assert their identity and rights in a society that has often overlooked them.