C. Principal matters of concern and recommendations

Non-discrimination

8. While noting the confirmation of the State party that article 12 of its Constitution prohibits discrimination on the grounds of sexual orientation and gender identity, the Committee remains concerned at the continued applicability of Penal Code sections 365, 365A and 399 to criminalize lesbian, gay, bisexual, transgender and intersex (LGBTI) conduct and the widespread discrimination and stigmatization of persons on the basis of their sexual orientation and gender identity (arts. 2 and 26).

The State party should amend sections 365, 365A and 399 of its Penal Code to ensure full compliance with articles 2 and 26 of the Covenant. The State party should also consider amending article 12 of its Constitution to state explicitly that sexual orientation and gender identity are prohibited grounds for discrimination. It should also strengthen measures to protect against violations of LBGTI rights and strengthen awareness-raising and training measures on such rights.

Link to full text of the report: Concluding Observations-CCPR-Sri Lanka-2014-eng