In Sri Lanka, colonial-era laws continue to impact the rights of the LGBTI community, criminalizing consensual same-sex sexual acts between adults, even when conducted in private. Offenders can face fines and/or imprisonment of up to two years.
Notably, in 1995, Sri Lanka broadened its criminalization framework to encompass sexual acts involving women by amending the original law, which had exclusively targeted men. This amendment redefined the term “male person” to “person.” Further complicating the legal landscape, the Sri Lankan Constitution explicitly bars any constitutional challenges against enacted legislation. This stance was reinforced in 2016 when the Supreme Court upheld the validity of these criminalizing laws, affirming the convictions of two men.
EQUAL GROUND’s Advocacy Efforts
EQUAL GROUND, a long-standing member of ILGA World, plays a pivotal role in advocating for the rights of the LGBTI community in Sri Lanka. Their endeavors encompass advocacy, litigation, and educational initiatives aimed at combating discrimination and promoting equal rights for all.
One of the organization’s significant achievements is the landmark case Flamer-Caldera v Sri Lanka, led by Executive Director Rosanna Flamer-Caldera, who previously served as the co-Secretary General of ILGA World. This four-year legal battle marked a transformative moment for LGBTI rights, as it brought issues of sexual orientation into the sphere of international women’s rights through the Committee on the Elimination of Discrimination Against Women (CEDAW).
International Attention and Recommendations
In response to the case, CEDAW issued recommendations urging Sri Lanka to decriminalize consensual same-sex sexual acts between women. They further advised the government to provide effective protection against gender-based violence, advocating for comprehensive legislation to prohibit discrimination specifically against LBTI women.
Challenges in Implementation
Despite CEDAW’s recommendations, the implementation of these directives faces significant challenges, as highlighted in the 2025 shadow report submitted by EQUAL GROUND. Their involvement in CEDAW’s 2025 review of Sri Lanka underscores ongoing struggles for decriminalization and legal recognition within the national context.
The Path Forward
EQUAL GROUND’s advocacy efforts represent a critical movement towards advancing the rights of the LGBTI community in Sri Lanka. CEDAW’s recommendations affirm that
“the criminalisation of consensual same-sex relations violates women’s rights under international law.”
This affirmation sets a precedent for future advocacy work aimed at challenging discriminatory laws and promotes the validity of SOGIESC-based (Sexual Orientation, Gender Identity, Gender Expression, and Sex Characteristics) claims through international legal mechanisms.
Rosanna Flamer-Caldera delivers a training during a community event.
