The International Service Avenue of the Rotaract Club of the University of Sri Jayewardenepura (USJ) held the second in a series of webinars of its PRIDE-Equality Wins project on 1 March.
PRIDE-Equality Wins is an initiative by the club to promote understanding and knowledge and work towards ending discrimination against Lesbian, Gay, Bisexual, Transgender, Intersexual, and Questioning (LGBTIQ) persons. The PRIDE-Equality Wins initiative is a project that sees 14 Rotaract Clubs from around the world including India, Brazil, Mauritius, Nigeria, Mexico, Ecuador, Venezuela, and Bangladesh collaborating to end LGBTIQ discrimination.
This webinar in the PRIDE-Equality Wins series featured EQUAL GROUND Executive Director Rosanna Flamer-Caldera, Solicitor and Equality Law Justice Programme Director Aritha Wickramasinghe, and mental health advocate and Shanthi Maargam Counsellor and Assistant Centre Manager Ardlay Mohamed.
The taboo of being LGBTIQ
The webinar began with a discussion on why being LGBTIQ and discussing LGBTIQ issues is such a taboo in the Sri Lankan context. Flamer-Caldera shared that this stems from Sri Lanka being a British colony and the colonial laws introduced during the Victorian Era that have, in practice, greatly marginalised LGBTIQ persons. This is not unique to Sri Lanka, with all 52 countries in the region that have been colonised facing the same kind of legal discrimination and only 36 of them having repealed these laws since Independence.
Another aspect, in addition to the colonial impact on our laws and society, is religion. Flamer-Caldera shared that despite same-sex relations not being labelled problematic anywhere in Buddhist scripture, political angling and general prejudice puts Sri Lanka in a strange mindset where the LGBTIQ community is considered to be against our culture, which is completely false because LGBTIQ people have been around since the beginning of time, and it is religion, specifically during Queen Victoria’s rule in the 19th Century, that has created the intolerance we see towards LGBTIQ people.
Flamer-Caldera explained that we as Sri Lankans need to carefully think about what our culture is, and also understand that culture is not static and it evolves over time, noting that Sri Lanka has come a long way but is still hampered by archaic thinking, something which can only be overcome by sensitisation and education.
LGBTIQ and mental health
A common misconception is that being of a sexual orientation or gender identity that is deviant from the norm is a sign of mental health issues that need to be treated, either through prayer, or more direct means of treatment. This is not the case, however. Mohamed explained sexual orientation is who you’re attracted to, be it to men, women, or both genders. Gender identity means identifying with the gender you were born with, stressing that it is absolutely not an issue of mental health. Mohamed did note that LGBTIQ persons are more likely to suffer from mental health issues because of the discrimination and stigma they face being LGBTIQ.
Wickramasinghe shared that more than 50% of LGBTIQ people have been denied employment or lost a job because they were LGBTIQ, adding that over 70% of LGBTIQ people have been subjected to physical abuse because of their sexual orientation or gender identity, stressing that people shouldn’t be judged or valued on how they’re born, who they fall in love with, or which gender they identify as, but simply on their character and skills.
LGBTIQ and the law
Speaking from a legal perspective, Wickramasinghe explained that Sri Lanka doesn’t explicitly criminalise same-sex relations, but in practice, two sections of the Sri Lanka Penal Code are used against LGBTIQ persons as a means of discrimination and intimidation – Sections 365 and 365A, which prohibit “carnal intercourse against the order of nature”, essentially interpreted as any form of sex that is not for the purpose of reproduction. Strictly speaking, this would apply to any form of non-reproductive sex – be it oral sex, anal sex, intercrural sex (thigh sex), and mutual masturbation when committed by anyone, homosexual or heterosexual.
Furthermore, Wickramasinghe shared that the law has even been used to prosecute heterosexuals in other countries, with men being prosecuted for receiving oral sex, to the point that a judgement was made in Singapore that oral sex was permissible under these laws, provided it lead to reproductive (vaginal) sex.
Wickramasinghe also explained that in a Sri Lankan context, to legalise same-sex relations, Sections 365 and 365A would need to be repealed but that we also need better non-discrimination laws that protect against all forms of discrimination. While Sri Lanka’s Constitution recognises the right to non-discrimination as a fundamental right, it doesn’t clearly specify sexual orientation as a grounds for discrimination. It falls under the catch-all phrase “other such grounds”. Wickramasinghe also shared that action is only possible when fundamental rights are violated by the State and that our fundamental rights need to go further to allow for redress when violated by private persons.
Shifting attitudes overcoming prejudice
Wickramasinghe emphasised that the law alone will never be enough to achieve a world of equality and that for such a world where people are treated equally, that kind of mindset needs to be created. The kind of shift needed for this is something that will take a while, and the law, in the meantime, can protect people who are treated unfairly.
Flamer-Caldera shared that the last 20 years has seen a positive shift in attitudes, much more than she would have expected to see when she first began EQUAL GROUND nearly 17 years ago. She also said that social media has played a large role in getting people to rethink who they are, as well as in sensitisation and education. There is still a long way to go, but there has also been significant progress made.
Speaking on the importance of education and sensitisation, Mohamed emphasises that open conversations between parents and children need to be normalised on topics like puberty, sex, sexuality, and gender. Such discussion, as well as complementary sex education in schools, will enable young LGBTIQ people and their families to come to terms with their sexualities.
The panel also stressed the importance of parents and others educating themselves on LGBTIQ issues and how to handle things if a family member or loved one comes out as LGBTIQ, stressing that it is absolutely fine not to know what to do when your child comes out to you, but that it is your duty as a parent to educate yourself once they do.
The second webinar of the Rotaract Club of the University of Sri Jayewardenepura’s PRIDE-Equality Wins series can be viewed in its entirety on the Rotaract Club of USJ Facebook page.
