LGBTQ rights in the Commonwealth of Nations

Overview

Homosexual activity remains a criminal offence in 29 (see below) of the 56 sovereign states of the Commonwealth and legal in 27 (see below).

However, developments in the area of employment discrimination suggests some progress is being made, with member states such as the Seychelles (2006), Fiji (2007), Mozambique (2007), Mauritius (2008) and Botswana (2010) introducing legislation against employment discrimination based on sexual orientation. In November 2012, Malawi's President Joyce Banda suspended all laws that criminalised homosexuality.

A report produced in November 2015 by the Human Dignity Trust in association with the Commonwealth Lawyers' Association claims that countries that continue to criminalize same-sex relationships were worsening the impacts of the HIV/AIDS crisis. The report estimates that some 2.9 billion people live in Commonwealth countries where consensual homosexuality is punishable, and approximately 174 million living there may identify as LGBT. It found that:

Discussions at Commonwealth level

Interventions by Secretaries-General

In July 2011 it was reported that the Commonwealth Secretary General, Kamalesh Sharma, had spoken out against discrimination towards people who were gay or lesbian while on a visit to Australia, arguing that “vilification and targeting on grounds of sexual orientation are at odds with the values of the Commonwealth”. This was the first time that such a senior Commonwealth figure had spoken publicly on the issue. Sharma re-emphasised the point in his keynote speech at the opening ceremony of the Commonwealth Heads of Government meeting:Commonwealth Secretary-General Baroness Patricia Scotland, who took office on 1 April 2016, committed herself to using the first two years of her tenure to promote decriminalization of homosexuality in the Commonwealth countries that list homosexual behaviour as a crime. However, she has suggested that the way forward needs to be built through establishing consensus:

Perth Commonwealth Conference

The British human rights campaigner Peter Tatchell and the South Australian Labor MLC Ian Hunter called for LGBT rights to be put on the agenda of the Commonwealth Heads of Government Meeting (CHOGM) to be held in Perth at the end of October 2011.

This found further support when the Perth Member of the Legislative Assembly, John Hyde, called on Premier Colin Barnett to use his access to CHOGM delegates to address the issue of human rights for gay men and lesbians. Finally, it was confirmed that the Australian Foreign Minister, Kevin Rudd, would intervene at the October meeting with a request to scrap anti-LGBT laws. The discussion on LGBT rights at the Perth meeting received a muted response from most of the attending delegates despite strong support from the UK, Canada, Australia, and New Zealand. Agreement could not be reached to publish a report by Eminent Persons which looked at the Commonwealth's future relevance and demanded that all member states that outlawed homosexuality lift their bans.

Malta Conference

In November 2015, Baroness Verma, Under-Secretary of State at the UK's Department for International Development, announced that she would be chairing a round table on LGBT issues at the Commonwealth Heads of Government meeting in Malta.

Subsequently, in 2016 the Prime Minister of Malta, Joseph Muscat, urged Commonwealth countries to remove anti-LGBT laws while speaking at the Service of Celebration for Commonwealth Day at Westminster Abbey. Queen Elizabeth, Head of the Commonwealth, was present.

In June 2017, the Commonwealth approved the accreditation of the Commonwealth Equality Network (TCEN), making it the first LGBTI-focussed organisation to be officially accredited. Accreditation means that Equality Network activists will benefit from increased access to, participation in and information about Commonwealth matters.

United Kingdom

The British Prime Minister, David Cameron, indicated his support:

The Minister for International Development, Andrew Mitchell, subsequently indicated that the UK would withhold development aid from countries that had a poor human rights record in relation to its LGBT citizens. Malawi subsequently had £19 million of budget support suspended by the UK following various infractions including poor progress on human rights and media freedoms and concern over the government's approach to rights of its LGBT citizens. This was later reinforced by David Cameron, who emphasised that those receiving UK aid should "adhere to proper human rights". After the Government of Seychelles agreed to push forward with plans to repeal the country's anti-gay law, they specifically noted advocacy from British diplomats.

In 2014, the British Foreign Secretary, William Hague, wrote to the Commonwealth Secretary-General urging him to use his position to urge member states to live up to their responsibilities to promote the rights of their LGBT citizens. He later argued that Britain should make defending the rights of gay and lesbian people a key plank of its relations with other Commonwealth countries.

In April 2018, Britain hosted the Heads of Government meeting in London. The British Prime Minister, Theresa May, said she regretted that many of the current laws across Commonwealth countries that criminalised homosexuality were a direct legacy of British colonialism; and offered to support any government that wanted to reform its legislation. More than 100,000 people had signed a petition calling for the issue of LGBT rights to be raised at the meeting.

Commonwealth LGBT advocacy organisations

Kaleidoscope Trust

The Kaleidoscope Trust was established in London in 2011 to lobby Britain's politicians so that ministers discuss LGBT (Lesbian, Gay, Bisexual and Transgender) issues whenever they host their counterparts. It specifically aims to revoke anti-LGBT laws within the Commonwealth using business and political pressure. The singers Elton John and George Michael offered support, with Elton John attending the launch.

Commonwealth nations where homosexuality is not a criminal offence

Where [[same-sex marriage]] is legal

Europe

• United Kingdom United Kingdom† (UK)
• GBR Akrotiri and Dhekelia† (UK)
• GBRGibraltar Gibraltar† (UK)
• GBRGuernseyAlderneySark Guernsey, Alderney and Sark† (UK)
• GBRIsle of Man Isle of Man† (UK)
• GBRJersey Jersey† (UK)
• Malta Malta†

Asia

• GBRBritish Indian Ocean Territory British Indian Ocean Territory† (UK)

Africa

• South Africa South Africa†
• GBRSaint HelenaAscensionTristan da Cunha Saint Helena, Ascension Island & Tristan da Cunha† (UK)

Americas

• GBRFalkland Islands Falkland Islands† (UK)
• GBRSouth Georgia and the South Sandwich Islands South Georgia and the South Sandwich Islands† (UK)
• Canada Canada†

Oceania

• Australia Australia†
• GBRPitcairn Pitcairn Islands† (UK)
• New Zealand New Zealand†
• GBRBritish Antarctic Territory British Antarctic Territory† (UK)

Where same sex-relationships are recognised

All the above and:

Europe

• Cyprus Cyprus†

Americas

• GBRBermuda Bermuda† (UK)
• GBRCayman Islands Cayman Islands† (UK)

With discrimination protections

Africa

• Botswana Botswana
• Mauritius Mauritius†
• Mozambique Mozambique (Employment only)
• Seychelles Seychelles† (Employment only)

Asia

• India India
• Singapore Singapore (Only protections from incitement of religiously motivated anti-LGBT harassment and violence)

Americas

• Antigua and Barbuda Antigua and Barbuda
• Barbados Barbados (Employment, sexual orientation only)
• GBRBritish Virgin Islands British Virgin Islands† (UK)
• GBRMontserrat Montserrat† (UK)
• GBRTurks and Caicos Islands Turks and Caicos Islands† (UK)
• Belize Belize
• Saint Lucia Saint Lucia‡

Oceania

• Fiji Fiji† (Employment only)
• New ZealandCook Islands Cook Islands (NZ)†

Same-sex activity legal, no discrimination protection

Africa

• Gabon Gabon†
• Lesotho Lesotho
• Namibia Namibia
• Rwanda Rwanda†

Americas

• GBRAnguilla Anguilla (UK)†
• Bahamas Bahamas†
• Dominica Dominica†
• Saint Kitts and Nevis Saint Kitts and Nevis

Oceania

• Nauru Nauru†
• New ZealandNiue Niue (NZ)†
• New ZealandTokelau Tokelau (NZ)†
• Vanuatu Vanuatu†

Notes: †Signed UN General Assembly declaration in favour of LGBT rights. ‡Signed alternative statement against LGBT rights.

Commonwealth nations where homosexuality is a criminal offence

Not enforced and with discrimination protections

Asia

• Sri Lanka Sri Lanka

Oceania

• Samoa Samoa† (Employment only)

Not enforced

Africa

• Malawi Malawi‡
• Sierra Leone Sierra Leone
• Eswatini Eswatini †

Americas

• Jamaica Jamaica
• Grenada Grenada
• Guyana Guyana
• Saint Vincent and the Grenadines Saint Vincent and the Grenadines
• Trinidad and Tobago Trinidad and Tobago

Oceania

• Kiribati Kiribati
• Tonga Tonga
• Tuvalu Tuvalu
• Papua New Guinea Papua New Guinea
• Solomon Islands Solomon Islands†

Punished by imprisonment

Africa

• Cameroon Cameroon‡
• Gambia Gambia
• Ghana Ghana
• Kenya Kenya‡
• Nigeria Southern Nigeria‡
• Tanzania Tanzania‡
• Togo Togo‡
• Uganda Uganda‡
• Zambia Zambia

Asia

• Bangladesh Bangladesh‡
• Malaysia Malaysia‡
• Maldives Maldives
• Pakistan Pakistan‡

Death penalty

Asia

• Brunei Brunei‡ (Not enforced)

Africa

• Nigeria Northern Nigeria (States under Sharia law.)‡
• Uganda Uganda‡ (Introduced 2023 for "aggravated homosexuality".)

Notes: †Signed UN General Assembly declaration in favour of LGBT rights. ‡Signed alternative Statement against LGBT rights.

References

1. ''Time Magazine'', 21 September 2011
2. 'Institute of Commonwealth Studies', January 2011
3. (17 December 2008). "This Alien Legacy The Origins of "Sodomy" Laws in British Colonialism".
4. "SPEAKING OUT The rights of LGBTI citizens from across the Commonwealth".
5. [http://www.gaystarnews.com/article/anti-gay-laws-worsening-the-aids-crisis-in-commonwealth-countries-says-new-human-dignity-trust-report/ "Anti-gay laws worsening the AIDS crisis in Commonwealth countries, says new Human Dignity Trust report" at gaystarnews.com] Accessed 11 September 2017
6. ''The Pink Paper'', Great Britain, 15 July 2011
7. [http://www.pinknews.co.uk/2011/10/26/commonwealth-secretary-general-backs-gay-rights/, 'Pink News;', "Commonwealth Secretary General backs gay rights", 27 October 2011] Accessed 11 September 2017
8. (28 November 2015). "Baroness Scotland uses new role as secretary‑general of the Commonwealth to call for LGBT rights". The Independent.
9. [http://www.pinknews.co.uk/2017/03/13/over-a-billion-people-are-living-under-british-anti-gay-laws-as-40th-commonwealth-day-celebrated/ "Over a billion people are living under British anti-gay laws as 40th Commonwealth Day celebrated", at pinknews.co.uk] Accessed 11 September 2017
10. ''Star Observer'', 7 September 2011
11. ''WA Today'', 22 September 2011
12. ''Pink News'', 18 October 2011
13. [http://www.pinknews.co.uk/2011/10/19/australian-foreign-minister-to-call-on-commonwealth-to-repeal-anti-gay-laws/ "Australian foreign minister to call on Commonwealth to repeal anti-gay laws", at pinknews.co.uk] Accessed 11 September 2017
14. (31 October 2011). "Commonwealth nations to have aid cut for gay rights abuses".
15. [http://www.pinknews.co.uk/2015/11/19/international-development-minister-anti-gay-laws-in-commonwealth-absolutely-unacceptable/ "International Development minister: Anti-gay laws in Commonwealth 'absolutely unacceptable'", at pinknews.co.uk] Accessed 11 September 2017
16. [http://www.pinknews.co.uk/2017/03/14/malta-pm-urges-commonwealth-countries-to-ditch-colonial-era-anti-gay-laws/ "Malta PM urges Commonwealth countries to ditch Colonial-era anti-gay laws", at pinknews.co.uk] Accessed 11 September 2017
17. [http://www.pinknews.co.uk/2017/06/20/commonwealth-grants-recognition-to-lgbt-equality-network/ "Commonwealth grants recognition to LGBT Equality Network", at pinknews.co.uk] Accessed 11 September 2017
18. "Pink News" online news site, 17 October 2011
19. [https://www.bbc.co.uk/news/uk-15511081 "Cameron threat to dock some UK aid to anti-gay nations", BBC online news, 31 October 2011] Accessed 11 September 2017
20. Bingham, John. (2014-10-30). "Gay rights should be centre of UK's relations with Commonwealth – William Hague". [[The Daily Telegraph]].
21. (2018-04-17). "Theresa May tells Commonwealth leaders: We 'deeply regret' Colonial-era anti-gay laws".
22. ''The Pink Paper'', 12 September 2011
23. (2018-06-27). "Jersey to introduce same-sex marriage".
24. (2018-08-14). "NHRC sets up LGBTI Core Group, ropes in activist Harish Iyer".
25. "Homosexuality not a ground to sack employee, rules Allahabad High Court".
26. "Kamaal R Khan booked for passing 'vulgar' remarks against the LGBTQ community". The Times of India.
27. "India's Supreme Court Rules Sexual Orientation Is a Protected Right".
28. "New legislation protects LGBTQ community from religiously motivated violence but law is 'same for all'".