LGBT rights in the Commonwealth of Nations

Interventions by Secretary Generals

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.^[6] Sharma re-emphasised the point in his keynote speech at the opening ceremony of the Commonwealth Heads of Government meeting, "We recall the 2009 Affirmation of Commonwealth Values and Principles, which includes a clear commitment to tolerance, respect and understanding... Discrimination and criminalisation on grounds of sexual orientation is at odds with our values and I have had occasion to refer to this in the context of our law-related conferences”.^[7]

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.^[8] However, she has suggested that the way forward needs to built through establishing consensus: "We do not have the right or opportunity to force states, but we can start a really good conversation to work with them so they understand the economic issues in relations to human rights and make the change.^[9]

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.^[10] "CHOGM has never even discussed — let alone declared its support for — LGBT equality and human rights. It is long overdue that CHOGM addressed this humanitarian issue, which it has neglected for far too long.” 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.^[11] 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.^[12][13] 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.^[14]

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.^[15]

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.^[16]

In June 2017, the Commonwealth approved the accreditation of the Commonwealth Equality Network (TCEN), making it the first LGBTI-focused organisation to be officially accredited. Accreditation means that Equality Network activists will benefit from increased access to, participation in and information about Commonwealth matters.^[17]

United Kingdom

The British Prime Minister, David Cameron indicated his support: "It's simply appalling how people can be treated — how their rights are trampled on and the prejudices and even the violence they suffer. I want Britain to be a global beacon for reform".^[1] 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.^[18] 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.^[19] This was later reinforced by David Cameron who emphasises that those receiving UK aid should "adhere to proper human rights".^[19] 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.^[9]

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 must make defending the rights of gay and lesbian people a key plank of its relations with other Commonwealth countries.^[20]

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 offering 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.^[21]

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.^[22]

Where same-sex marriage is legal

• Australia†
• Great Britain (UK)†
• Akrotiri and Dhekelia (UK)†
• British Antarctic Territory (UK)†
• British Indian Ocean Territory (UK)†
• Falkland Islands (UK)†
• Gibraltar (UK)†
• Guernsey & Alderney (UK)†
• Isle of Man (UK)†
• Jersey (UK)† ^[23]
• Pitcairn Islands (UK)†
• Saint Helena, Ascension Island & Tristan da Cunha (UK)†
• South Georgia and the South Sandwich Islands (UK)†
• Canada†
• Malta†
• New Zealand†
• South Africa†

Where same sex-relationships are recognised

• Bermuda (UK)†^[24]
• Northern Ireland (UK)†
• Cyprus†

With discrimination protections

• British Virgin Islands (UK)†
• Montserrat (UK)†
• Turks and Caicos Islands (UK)†
• Belize
• Fiji (Employment only)†
• Mozambique (Employment only)
• Seychelles† (Employment only)
• Sark (UK)†

Same-sex activity legal, no discrimination protection

• Anguilla (UK)†
• Cayman Islands (UK)†
• Bahamas†
• India
• Lesotho
• Nauru†
• Niue (NZ)†
• Rwanda†
• Tokelau (NZ)†
• Trinidad and Tobago^[25]
• Vanuatu†

Not enforced and with discrimination protections

Not enforced

Punished by imprisonment

Death penalty

• Brunei‡
• Northern Nigeria‡

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