Sri Lanka (2nd cycle)For a summary of Sri Lanka’s review at the first cycle please click here.
14th UPR session
Date of review: 1 November 2012
Date of report adoption: March 2013
Working Group report: A/HRC/22/x
Summary
Recommendations: Decriminalize consenting homosexual relationships between persons over the age of consent by repealing Section 365A of the penal code; Strengthen the measures to eliminate all discriminatory treatment based on sexual orientation or gender identity
Status: Rejected.
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I. Key issues/recommendations identified by NGOs
- Review the report of the High Commissioner on sexual orientation and gender identity, and consider implementing the recommendations.
II. Excerpts from input reports
National report
No references to sexual orientation or gender identity.
Compilation of UN information
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
D. Right to privacy, marriage and family life
38. UNCT highlighted the concern of CEDAW at the criminalization of consensual adult same-sex relationships by virtue of Section 365A of the penal code and recommended that this provision be repealed. UNCT reported that many individuals from these communities faced ongoing violence and discrimination.
Summary of stakeholder submissions
I. Information provided by other accredited national human rights institutions and other stakeholders
A. Background and framework
2. Constitutional and legislative framework
5. JS1 stated that persons of diverse sexual orientation and gender identities were not explicitly protected from discrimination by the Constitutional provisions regarding non- discrimination thereby contributing their vulnerability.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
16. Joint Submission 2 (JS2) recommended taking immediate and targeted steps to embody the principles of equality and non-discrimination on the basis of sexual orientation in public and private in the Constitution of Sri Lanka and ensure the effective realization of these principles.
4. Right to privacy, marriage and family life
46. JS2 recommended immediately decriminalizing same-sex sex relations between persons who are over the age of consent and ensuring that the same age of consent applies to sexual activities between persons of the same sex as persons of a different sex. JS2 also recommended immediately including the right to privacy in the national Constitution.
III. References to SOGI during the Working Group review
Canada and Argentina made recommendations on sexual orientation and gender identity, focusing on decriminalisation of same sex relations and on discrimination (see below).
IV. Conclusions and/or recommendations
129. The recommendations below did not enjoy the support of Sri Lanka:
129.23 Decriminalize consenting homosexual relationships between persons over the age of consent by repealing Section 365A of the penal code (Canada);
129.59 Strengthen the measures to eliminate all discriminatory treatment based on sexual orientation or gender identity (Argentina );[1]
V. Adoption of the Report
The report of the working group is due to be adopted at the 22nd regular session of the Human Rights Council in March 2013.
VI. Further information
UPR Documentation
For first cycle reports of Sri Lanka, please see here
National report 1 : A | C | E | F | R | S
Corrigendum : A | C | E | R | S
Compilation of UN information 2 : A | C | E | F | R | S
Summary of stakeholders’ information 3: A | C | E | F | R | S
Questions submitted in advance : E
Addendum 1 : E
Addendum 2 : E
Addendum 3 : E
Addendum 4 : E
Addendum 5 : E
Addendum 6 : E
Addendum 7 : E
Addendum 8 : E
Outcome of the review:
Report of the Working group: E
[1] The matter is presently under consideration
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