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In!Sri!Lanka! [NAME] [FIRM] [ADDRESS] [TELEPHONE NUMBER] [FAX NUMBER] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT [CITY, STATE] __________________________________________ ) In the Matter of: ) ) File No.: A __________ __________ ) ) In removal proceedings ) __________________________________________) INDEX TO DOCUMENTATION OF COUNTRY CONDITIONS REGARDING PERSECUTION OF HIV-POSITIVE INDIVIDUALS IN SRI LANKA TAB SUMMARY GOVERNMENTAL SOURCES 1 U.S. Dep’t. of State, Sri Lanka 2019 Human Rights Report (2020), available at: https://www.state.gov/wp-content/uploads/2020/03/SRI-LANKA-2019-HUMAN- RIGHTS-REPORT.pdf • “Persons who provided HIV prevention services and groups at high risk of infection reportedly suffered discrimination. In addition, hospital officials reportedly publicized the HIV-positive status of their patients and occasionally refused to provide health care to HIV-positive persons.” (p. 25) • “The constitution prohibits discrimination, including with respect to employment and occupation, on the basis of race, religion, language, caste, sex, political opinion, or place of birth. The law does not prohibit employment or occupational discrimination on the basis of color, sexual orientation or gender identity, age, HIV-positive status, or status with regard to other communicable diseases.” (p. 28) 2 U.S. Dep’t. of State, Sri Lanka 2018 Human Rights Report (2019), available at: https://www.state.gov/wp-content/uploads/2019/03/SRI-LANKA-2018.pdf TAB SUMMARY • “Persons who provided HIV prevention services and groups at high risk of infection reportedly suffered discrimination.” (p. 21) • “[H]ospital officials reportedly publicized the HIV-positive status of their clients and occasionally refused to provide health care to HIV-positive persons.” (p. 21) • “The constitution prohibits discrimination, including with respect to employment and occupation, on the basis of race, religion, language, caste, sex, political opinion, or place of birth. The law did not prohibit employment or occupational discrimination on the basis of . sexual orientation and/or gender identity, . , [or] HIV-positive status . .” (pp. 24-25) 3 Ministry of Health, Nutrition & Indigenous Medicine, National STD/AIDS Control Programme - Sri Lanka, Excerpts of Integrated Biological and Behavioral Surveillance (IBBS) Survey Among Key Populations at Higher Risk of HIV in Sri Lanka, (March 2015), available at: https://www.aidscontrol.gov.lk/images/pdfs/publications/research_documents/ibbs_surve y_in_sri_lanka_report_print_version.pdf • “High levels of HIV related stigma are present across all [most-at-risk populations (“MARP”)] and districts. While most respondents would be willing to care for an HIV positive family member, many do not believe an HIV positive student should be allowed to go to school, and would not buy food from an HIV positive food seller.” (p. 3) • “Punitive policies, including both legal and policy frameworks, result in high levels of stigma and discrimination in Sri Lanka, for people living with HIV and AIDS. Both sex work and sex between men are prohibited by national laws and evidence implies that many populations at higher risk of infection delay testing and treatment because they are concerned about identification as part of a most-at-risk population (MARP), testing positive, and related confidentiality issues.” (p. 6) INTER-GOVERNMENTAL SOURCES 4 Independent Advisory Group on Country Information, Excerpts of Country Policy and Information Note: Sri Lanka: Sexual orientation and gender identity and expression, (October 2018), available at: https://www.justice.gov/eoir/page/file/1101906/download • “The high visibility of LGBT persons in HIV prevention intervention programmes is considered to pose a barrier to recognizing their need for services for general and reproductive health problems as for the general population.” (p. 33) • “Transmen (female to male) are often left out of HIV awareness programmes since often only transwomen are categorised as men having sex with men by HIV service providers.” (p. 33) TAB SUMMARY 5 Law and Society Trust et al., Excerpts of The State of Economic, Social and Cultural Rights in Sri Lanka: A Joint Civil Society Shadow Report to the United Nations Committee on Economic Social and Cultural Rights (April 2017), available at: https://www.ecoi.net/en/file/local/1402110/1930_1498129564_int-cescr-css-lka-27228- e.pdf • “LGBTIQ persons risk public humiliation, harassment and threats to their right to privacy at the hands of medical officers in public hospitals upon revealing their sexual orientation and gender identity. The lack of public data on healthcare availability, the inability and/or unwillingness to provide adequate healthcare services to LGBTIQ individuals and the prejudiced discourse that links LGBTIQ persons to HIV carriers further perpetuates the lack of access to healthcare and homophobia and transphobia amongst healthcare providers.” (pp. 47-48) 6 UNAIDS, Family Planning Association Sri Lanka and Partners, People Living with HIV Stigma Index Sri Lanka (November 2010), available at: https://www.aidsdatahub.org/sites/default/files/documents/UNAIDS,_Family_Planning_ Association_Sri_Lanka_and_Partners_(2010)_People_Living_with_HIV_Stigma_Index_ Sri_Lanka.pdf • “In terms of experiencing stigma and discrimination . ., it is clear that respondents were not comfortable with friends, neighbours, co-workers, employers, and children finding out their status. In fact even spouses and other adult family members have not been the priority when disclosing HIV status.” (p. 17) • “People are afraid of us. This fear is based on ignorance. People do not have accurate and comprehensive knowledge of HIV transmission. People are ashamed to be associated with me. I look sick.” (p. 20) • “The majority of Stigma Index respondents were tested [for HIV] without their knowledge. This includes 78% of those tested for employment, which emerged as the most common reason for testing. The report on HIV Vulnerabilities of Migrant Women gives us further insight: ‘Blood and urine tests (for HIV and pregnancy, respectively) are mandatory for legally migrating women prior to their departure. The test results are provided directly to the agents, and many of the interviewed women admitted to being in the dark about the nature of these tests.’” (p. 21) • “Furthermore, anecdotal evidence was offered by the research team and respondents on how their status was communicated by hospital workers to their village or community resulting in ostracization, physical assault and damage to property. It is no surprise therefore that the Stigma Index results indicate that HIV positive people in Sri Lanka do not absolutely trust that their confidentiality is maintained by healthcare workers with 42% indicating they are not sure whether healthcare workers have disclosed their status, and 23% claiming they have actual knowledge of healthcare workers disclosing their status without consent.” (p. 23) • “44% [of HIV+ individuals] reported that healthcare professionals have advised them NOT to have child after being diagnosed HIV positive. 9% speak of being coerced into TAB SUMMARY not having children; and 8% reported that obtaining ART was conditionally based on the use of some form of contraception and 4% (women) indicated that they were coerced into terminating their pregnancy. These results suggest violations of HIV positive people’s human rights as outlined above by IPPF.” (pp. 24-26) NON-GOVERNMENTAL SOURCES 7 Family Planning Association of Sri Lanka, Assessment of the Legal and Policy Environment for HIV in Sri Lanka, ([undated]), available at: http://www.fpasrilanka.org/sites/default/files/fpa_srilanka_advocacy_brief.pdf • “In addition, stigma and discrimination on the basis of sexual orientation or on the basis of being a sex worker or as a person who injects drugs was also found and was reported to hinder access by members of these groups to HIV prevention and treatment services.” (p. 2) • “HIV is not specifically listed as a protected grounds for non-discrimination in the Constitution, nor is there specific HIV legislation in Sri Lanka. Additionally there are a number of punitive or coercive provisions in the law, which create barriers to the response to HIV. For example, the penal code provisions that criminalize same-sex relations and the Vagrants and Brothel Ordinances are used to criminalize aspects of sex work and result in making access to services for key populations more difficult.” (p. 2) • “[A]ccess to law enforcement and justice for human rights violations is limited. Despite certain legal provisions for access to justice and redress in Sri Lanka, punitive laws and policies further entrench the feelings of inequality, stigma and discrimination resulting in a lack of trust in authorities due to actual or perceived stigma and discrimination being attached to identification as part of a key population, the criminal laws targeting key populations, and inaction or violence from state actors, including police. Moreover these laws and policies can contribute to an increase in the acceptability and prevalence in harassment and violence against key populations, in addition to reinforcing self-stigma, which reduces access to key programs and services.” (p. 2) 8 Human Rights Watch, Excerpts of All Five Fingers Are Not the Same: Discrimination on Grounds of Gender Identity and Sexual Orientation in Sri Lanka, (August 15, 2016), available at: https://www.hrw.org/report/2016/08/15/all-five-fingers- are-not-same/discrimination-grounds-gender-identity-and-sexual
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