UPR Sexual Rights Database

UN Compilation:
Para 10) … A new national human rights action plan for the period 2017-2022 had been drafted in 2016 in consultation with civil society. However, the revised draft that had been finalized by the Cabinet had reportedly led to the removal of key action points relating to decriminalization of same-sex relations, ...
Para 52) The HR Committee remained concerned at the continued applicability of sections 365, 365A and 399 of the Penal Code to criminalize lesbian, gay, bisexual, transgender and intersex persons and the widespread discrimination and stigmatization of persons on the basis of their sexual orientation and gender identity.

Stakeholder Summary:
Para 6) Joint Submission 12 (JS12) expressed concern about certain legislation such as sections in the Penal Code that discriminate based on sexual orientation and gender identity. JS12 highlighted that legislation such as ... certain sections of the Penal Code indiscriminately marginalized and discriminated against the LGBTIQ community ... by means of criminalizing these lifestyles, and allowing persons in positions of authority such as police officers to detain, torture, and verbally and physically discriminate against members of these communities.
Para 47) JS3 noted that Sections 365 and 365A of the Penal Code criminalized sexual relations between same-sex individuals, classifying same-sex relations as an "unnatural offence" subject to punishment of up to 10 years in prison.

National Report:
Para 97) Several measures have been taken to combat gender-based violence (GBV) in Sri Lanka. First, Women and Children’s Police Desks, staffed with female officers, have been established in Police Stations, including in the Northern and the Eastern Provinces. Specially trained police officers function at such desks to provide an efficient and effective service. This network is also linked to the NCPA. Meanwhile, GBV help desks are located in hospitals in conflict affected districts.
Para 98) Second, the Women and Child Bureau of the Sri Lanka Police operates a hotline to receive complaints with regard to GBV, and to facilitate a prompt response to such complaints.
Para 99) Third, in consultation with various stakeholders a new referral system with a multisectoral approach was introduced for better response to and prevention of GBV particularly, domestic violence.
Para 100) Fourth, a group of experts drafted amendments to the Domestic Violence Act, (PDVA) to strengthen the legal response to domestic violence. Moreover, a National Action Plan to address GBV was developed by MWCA and is currently being refined through a process of national consultations.
Para 101) These measures have facilitated the investigation and prosecution of incidents of GBV. The Sri Lanka Police investigates alleged incidents of GBV, and evidence is thereafter submitted to the Attorney-General’s Department for consideration of indictments. On 7th October 2015, the Jaffna High Court convicted four members of the security forces for the rape of a woman and sexually harassing another woman in Visvamadu. Meanwhile, the PDVA provides a quasi-judicial remedy in the form of protection orders in cases of domestic violence. The Police mainly receive complaints on domestic violence. Thus police officers have been provided training on women’s rights and GBV including domestic violence.

UN Compilation:
Para 63) The United Nations country team noted that a multisectoral and comprehensive national action plan to end sexual and gender-based violence had been formally launched in 2016 and individual action plans had been formulated by nine sectoral ministries.
Para 64) While welcoming the adoption of the Prevention of Domestic Violence Act, the HR Committee was concerned about the persistence of sociocultural values that condoned domestic violence, resulting in such violence remaining widespread and subject to impunity. Meanwhile, the Cabinet has approved the establishment of the National Women’s Commission to investigate complaints into violations of rights of women.

Stakeholder Summary:
Para 67) JS5 expressed concern that the machinery to address gender-based-violence including sexual violence, domestic violence and ensure access to justice remains weak and enables impunity.