Fighting For LGBTIQ Rights

By Waruni Karunarathne

Sexual orientation is hardly a conscious choice made by an individual. Even if it is a choice made by a particular person, what are the grounds on which he or she can be penalized? In many countries, including in Sri Lanka the LGBTIQ (Lesbian, Gay, Bisexual, Transgender, Intersex and Questioning) community is still being seen as criminals and sinners in society. According to the Article 365A of the Sri Lankan Criminal Code, sexual activities of the same-sex are criminalized violating the basic rights of the LGBT community.

In a traditional and conservative society like Sri Lanka, apart from the social pressure, coming to terms with one’s own sexual orientation is an immense challenge. In a homophobic society where heterosexuality is being seen as the ‘divine’ and ‘normal’ form of existence, any other form of sexual orientation is being rejected as ‘unholy’ and a transgression against ‘natural order’.

Speaking to The Sunday Leader, Rosanna Flamer-Caldera, a founding member and Executive Director of Equal Ground, an LGBTIQ rights organization says, “Compared to many countries, we are far behind addressing the issues related to the LGBTIQ community. Even though social prejudice has being reducing to some extent, the LGBTIQ community is still being marginalized on social, religious, political and cultural grounds. Certain religious groups consistently attack and condemn the idea of homosexuality, creating obstacles to the process of increasing the visibility and recognition of one’s sexual identity. The laws in the country have not being amended to protect the rights of the LGBTIQ community in order to accept them as full and equal members of the community”.

She adds vehemently that the discrimination against social minorities has to end. “Like one’s ethnicity is decided at birth, sexual orientation of a person is predetermined. Just because the majority is heterosexual, homosexuality cannot be resonated as a ‘crime against nature’. Often LGBTIQ people are tormented due to the mistreatment by society where they are being subjected to various types of abuse, violence and extortion both within and outside the family. Due to this social discrimination, many LGBT people hide their identity and live in the shadows,” says Rosanna.

“We try to address issues related to gender identity and sexual orientation where individuals are being molested and harassed based on such views,” she said. Rosanna Flamer-Caldera helps LGBTIQ people to embrace their identity in numerous ways. Being a woman, a lesbian and a member of a minor social group Rosanna has faced unimaginable discrimination due to various circumstances throughout her life. She admits that her life has being a constant struggle – especially as a teenager, she had faced an identity crisis alongside the biological changes. It is now her sole motive to provide assistance to other LGBTIQ people to see a future free of injustices and social prejudice.

Many human rights activists have requested for the issue of LGBT rights in the region to be raised at the Commonwealth Head of the Government Meeting (CHOGM) 2013. Out of 53 Commonwealth countries, 41 countries have laws that ban same sex relationships neglecting the legitimate demands of the LGBT community. Some countries still cling to the Victorian morality that inspired colonial laws while Britain itself has decriminalized homosexuality and discarded anti-sodomy laws on same sex relationships.

To push the matters further and to create discussions on the current concerns of the LGBTIQ community at CHOGM, some gay rights activists in Sri Lanka are looking forward to meeting British Prime Minister David Cameron, who was applauded internationally for pressing the matter on legalizing gay marriages.

However, Rosanna says, “Personally, I do not want to represent issues related to LGBT rights at CHOGM as they are already being brought up locally and internationally. We also have communicated pressing issues of our community through various means. It is up to the head of the government to take the required measures to ensure that the fundamental human rights of the minority, which is also a part of the same country, are upheld”.

Expressing his views on the rights of the LGBT community, a member of the Heart to Heart organization Jude Fernando says, “There is social stigma connected especially to MSM (Men who have sex with men) and transgender individuals who are identified as a high-risk group for HIV/AIDS. The gravity of the problem is that MSM and transgender people are not accessing HIV testing and counselling due to the fear of being stigmatized, and this can lead to an HIV epidemic in the country. Our organization works with the Ministry of Health helping to identify the health needs of this community through counselling and guidance.”

Speaking from experience, Jude says, “In the growing up process, many LGBTIQ individuals make it so hard on themselves believing that they are sinners, criminals or impaired and need fixing. The society we live in makes it even harder for them to accept their identities. Forced heterosexual marriages are just one example of the emotional and physical torture the LGBT community encounters in a conservative society – that on the other hand encourage marital rape and spreading of sexually transmitted diseases. The LGBT community is also being constantly humiliated in the workplace, on the road and in countless other social arenas damaging their personalities”.

He adds, “Legalizing gay marriage and LGBT adoption and parenting are concerns that are far beyond our scope right now in a culture where homosexuality is a taboo. What we want right now is social acceptance and dignity to live on equal ground. We are neither criminals who should be punished nor do we suffer from a sickness that needs to be cured.”