The Right to Equality and the Hospitality / Tourism Industry
17th October 2025
“Some will oppose change. They may invoke culture, tradition or religion to defend the status quo. Such arguments have been used to try to justify slavery, child marriage, rape in marriage and female genital mutilation. I respect culture, tradition and religion — but they can never justify the denial of basic rights”. Ban Ki Moon .
As quoted in the determination of the Supreme Court of Sri Lanka on the Bill seeking to amend the Penal Code SC SD No. 13/2023, 15 April 2013, message to Conference on Sexual Orientation, Gender Identity On the 26 September 2025, the media reported that the Chairman of the Sri Lanka Tourism Development Authority had officially endorsed a project initiated by EQUAL GROUND to raise awareness on Diversity, Equity and Inclusion (DEI) with stakeholders in the travel industry in order to promote and develop LGBTIQ tourism in the country.
The coverage regarding an exchange of letters between the Sri Lanka Tourism Development Authority and EQUAL GROUND met with heavy opposition especially from nationalist groups and religious leaders, on the speculation that it would erode cultural values. In reaction to this, there were speeches that were made in Parliament, by members of the Government and Opposition, which could be viewed as weak, discriminatory and in some instances homophobic.
We, the undersigned, individuals and organizations, wish to express grave concern regarding the undermining of human rights standards and commitments in Sri Lanka with reference to this unfortunate turn of events. We also wish to impress upon the government the need for strong messaging against homophobic hate speech by actors at every level, along with expressed communications on the protection of equality and non-discrimination.
The constitution of Sri Lanka places a duty upon the government to provide a safe space for every citizen who is entitled to equal protection of the law. DEI programmes are not new in Sri Lanka, and have been conducted across the private sector for many years by many actors. Globally, DEI in the tourism and hospitality industry is key for success of hotels, restaurants and other businesses not limited to identifying and accessing ignored and niche markets. DEI is not just a buzzword, it is essential for promoting creativity, improving employee satisfaction, widening the customer base and enhancing customer experience.
DEI programmes are no different and speak with coherence to the fundamental rights chapter of Sri Lanka’s constitution, which has strong provisions of providing constitutional guarantees in relation to equality and non-discrimination.
DEI initiatives go beyond accessing markets and creating an environment that is accepting of and open to all guests. Such initiatives can also empower workers in the hospitality industry and make their working environments feel inclusive and safe.
We the undersigned, are concerned by the misleading and conflicting messages coming from government officials relating to DEI policies that are counter-productive to the principles of equality and nondiscrimination assured by the Constitution.
The current governing party, the National Peoples Power (NPP), had several commendable provisions in its election manifesto, which committed to expanding constitutional protections to ensure nondiscrimination based on gender identities or sexual orientations.
These included, but were not limited to:
• revise discriminatory laws, including penal code provisions 365 and 365a that continue to criminalise consensual same sex relations between adults.
• developing a code of conduct and establishing standards for state officials on how to interact with gender identity groups.
• increase access to state services including healthcare, legal assistance, social protection and justice for LGBTIQ+ communities.
• work towards eliminating harmful and stereotypical perceptions related to sexual orientation and gender identities. These commitments in the NPP manifesto followed a number of discussions with LGBTIQ+ persons who highlighted their lived realities, experiences, and challenges.
The community also mobilized support for the party’s progressive, human rights -oriented agenda, in order to bring about a different political culture. It is therefore disappointing that the government seems to be disassociating itself from its own commitments. In this ambivalent context, violence and discrimination against LGBTIQ+ persons continues to thrive and hate speech against LGBTIQ+ is intensifying.
We therefore call on the government to prove its commitment to the promotion and protection of the human rights of LGBTIQ persons. We would also remind the government of the Supreme Court determination 13/2023, where many of the concerns raised against decriminalisation were taken up by the Courts and addressed.
The government needs to be cognisant that the Court determined that a private member’s bill seeking to decriminalize same sex relations between consenting adults would in fact ensure that all persons would be equal before the law, and be entitled to the equal protection of the law, irrespective of their sexual orientation, and that the proposed Bill would in fact enhance the fundamental rights guaranteed to them under the constitution and enable them to live in society with dignity.
Specific reflection on the court’s consideration of social and cultural ethics, is required in the present context. We would also draw the government’s attention to a letter from the Human Rights Commission of Sri Lanka (HRCSL) dated 22 May 2025 to the Minister of Justice and National Integration, Hon. Harshana Nanayakkara. In its letter the HRCSL called on the government to consider adopting the private members bill as a government legislative proposal to ensure its expeditious passage.
We urge the government to provide strong messages articulating its intent in meeting domestic, international and its own commitments towards protecting the rights of LGBTIQ+ persons, and also call on the government to condemn statements that seek to gain political mileage, by propagating homophobic hate speech against one of the most vulnerable communities in the country.
We urgently call for the passage of the draft bill that was considered by the Supreme Court in 2023 to be constitutional to be enacted as law.
Signatories Individuals:
1. Abilesha Segar 2. Ajitha.A 3. Anithra Varia 4. Anusha David 5. Aritha Wickramasinghe 6. Ashila Dandeniya 7. B Gowthaman 8. Balasingham Skanthakumar 9. Bhavani Fonseka 10. Caryll Tozer, Rights Activist 11. Channaka Jayasinghe 12. Chintaka Rajapakse 13. Dr. Chulani Kodikara 14. Sr. Damitha De Silva 15. Deanne Uyangoda 16. Sr. Deepa Fernando 17. Dr. Dileepa Witharana, Open University 18. Dimithri Wijesinghe 19. Dinushka De Silva 20. Dr. Dushyanthi Mendis – University of Colombo 21. Dr Deepika Udagama 22. Francis Raajan 23. Prof. Gameela Samarasinghe 24. Genny Laverty 25. Gowrie Ponniah 26. Hans Billimoria 27. Hemalatha.K 28. H.K.M. Thushara Manoj 29. Jade Jayawardena 30. Jasintha Subasinghe 31. Prof Jayadeva Uyangoda 32. Fr. Jeevantha Pieris 33. Joanne Senn 34. Dr. Kaushalya Perera, University of Colombo 35. Kounthini.R 36. Kumudini Samuel 37. Kusal Perera, Journalist 38. Kuvenitha.S 39. Lakshman Gunasekara 40. Laveena Hasanthi 41. Leana Pieris 42. Marisa de Silva 43. Mariyarosari. S 44. Melani Manel Perera 45. Melanie Gunathilaka 46. Dr. Misha’ari Weerabangsa 47. Nagulan Nesiah 48. Dr Natasha Balendra 49. Nehama Jayewardene, Attorney-at-Law 50. Nimal Perera 51. Nirmala. M 52. Nirmala. T 53. Niththika. S 54. Nivanthini. S 55. P.Selvaratnam 56. Paba Deshapriya 57. Peter Rezel – Chartered Accountant 58. Prashanthi Mahindaratne, Attorney -atLaw 59. Rahman. A 60. Rajany Rajeswary 61. Rajany, Feminist/Activist 62. Ralston Weinman, Christian Workers Fellowship- CWF 63. Ramani Muttettuwegama, Attorney at Law 64. Raveendran.V 65. Rita Fernando 66. Rohini Hensman, writer and independent scholar 67. Rosanna Flamer-Caldera 68. S. Ratnajeevan H. Hoole 69. Sabra Zahid 70. Dr Sakuntala Kadirgamar 71. Sampath Samarakoon – Editor: vikalpa.org 72. Sanjit De Silva 73. Sarala Emmanuel 74. Sarankan.K 75. Saththiyaseelan.K 76. Selvaraja Rajasegar – Editor of Maatram.org 92. Sunethra Bandaranaike 77. Dr. Sepali Kottegoda 78. Shamila Rathnasooriya 79. Dr Shermal Wijewardene, University of Colombo 80. Shamini.V 81. Sharanya Sekaram 82. Sharika Jayewardene 83. Shirani Cooray 84. Shyamala Gomez, Centre for Equality and Justice 85. Siritunga Jayasuriya, United Socialist Party 86. Srinath Perera, Attorney at Law, Convenor, North South Solidarity 87. Suganthini.S 88. Suvendrini Thambar 89. Sujatha.J 90. Sumika Perera 91. Sunanda Deshapriya, Editor, SriLanka Brief
Organisations:
1) Centre for Equality and Justice 2) Christian Workers Fellowship- CWF 3) Community Welfare and Development Fund – CWDF Lanka 4) Dabindu Collective 5) Dabindu Collective Union 6) Delete Nothing 7) EQUAL GROUND 8) Everystory Sri Lanka 9) Heart To Heart Lanka (Organization) 10) Human Rights Law Chambers 11) INFORM Human Rights Documentation Centre 12) Janawaboda Kendraya 13) Law & Society Trust 14) Movement for Land and Agriculture Reform (MONLAR) 15) Movement for Plantation Peoples’ Land Rights (MPPLR) 93. Suren D. Perera, Attorney-at-Law 94. Thadini Liyanage 95. Tharindi Devasurendra 96. Thayalini.J 97. Theresa Rajapakse 98. Thileepan.S 99. Dr Thiyagaraja Waradas 100. Thyagi Ruwanpathirana, Researcher 101. Tisaranee Gunasekara 102. Udaya Kalupathirana 103. Velusamy Weerasingham 104. Vicky Brohier 105. Vijeyanila.K 106. Widya Kumarasinghe 107. Wijayananda Jayaweera 108. Yamindra Perera 109. Yazmin Yousuf 16) North South Solidarity 17) Shramabhimani Kendraya 18) Social Institute for Development of Plantation Sector (SIDPS) 19) Stand Up Movement Lanka 20) Stand Up Workers’ Union 21) The Grassrooted Trust 22) THOLAMAI.V – Her Advocacy and Feminism’s Action Platform- Jaffna 23) United Socialist Party 24) Upcountry Civil Society Collective (UCSC) 25) Vallamai – Movement for Social Change – Jaffna 26) Women and Media Collective 27) Women’s Resource Centre 28) Women’s Solidarity Network 29) YellowDot Community