LGBT rights in the Commonwealth of Nations
Encyclopedia
The majority of the countries of the Commonwealth of Nations
, formerly known as the British Commonwealth, still criminalize sexual acts between consenting adults of the same sex
and other forms of sexual orientation
, gender identity and expression. This has been described as being the result of "the major historical influence" or legacy of the British Empire
. In most cases, it was former colonial administrators that established anti-gay legislation or sodomy
acts during the 19th century. The majority of countries then retained these laws following independence.
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 figure had spoken publicly on the issue . Sharma re-emphasised the point in his keynote speech at the opening ceremoney 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”.
An organisation has been established in London in 2011, called The Kaleidoscope Trust, to lobby Britain's politicians so that ministers discuss LGBT issues whenever they host their foreign counterparts. It specifically aims to revoke anti-gay laws within the Commonwealth, using business and political pressure. The singers Elton John
and George Michael
have offered support, with Elton John attending the launch.
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," he said. "I want Britain to be a global beacon for reform". The British Minister for International Develoment, Andrew Mitchell
indicated in October that the UK would withhold aid from countries that had a poor human rights record in relation its homosexual citizens, "In a number of countries in Africa that discrimination against homosexuality has concerned us". 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 gay rights. This was later reinforced by David Cameron who emphasises that those receiving UK aid should "adhere to proper human rights".
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. "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 women. Finally, it was confirmed that the Austraian Foreign Minister, Kevin Rudd
, would intervene at the October meeting with a request to scrap anti-gay laws.
The discussion on gay rights at the Perth meeting received a muted response from many of the attending delegates despite strong support from the UK, Canada, Australia, and New Zealand. Agreement could not e reached to publish a report by Eminent Persons which was looked at the Commonwealth's future relevance and demanded that all member states that outlawed homosexuality lift their bans.
Homosexual activity remains a criminal offence in 41 of the 54 Commonwealth states.
Malta Mozambique
New Zealand Rwanda
South Africa Tuvalu
United Kingdom Vanuatu
New Zealand (civil union) South Africa (marriage)
United Kingdom (civil partnership)
Cameroon Gambia
Ghana Guyana
Kenya Lesotho
Malawi
Namibia
Nigeria Sierra Leone
Swaziland
Tanzania
Uganda
Zambia
Asia Bangladesh
Brunei
Malaysia
Pakistan
Seychelles
Singapore Sri Lanka
Oceania Kiribati
Maldives
Mauritius
Nauru
Papua New Guinea
Samoa
Solomon Islands Tonga
Americas Antigua and Barbuda
Barbados
Belize
Dominica
Grenada
Jamaica
Saint Kitts and Nevis
Saint Lucia
Saint Vincent and the Grenadines
Trinidad and Tobago
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
, formerly known as the British Commonwealth, still criminalize sexual acts between consenting adults of the same sex
Homosexuality
Homosexuality is romantic or sexual attraction or behavior between members of the same sex or gender. As a sexual orientation, homosexuality refers to "an enduring pattern of or disposition to experience sexual, affectional, or romantic attractions" primarily or exclusively to people of the same...
and other forms of sexual orientation
Sexual orientation
Sexual orientation describes a pattern of emotional, romantic, or sexual attractions to the opposite sex, the same sex, both, or neither, and the genders that accompany them. By the convention of organized researchers, these attractions are subsumed under heterosexuality, homosexuality,...
, gender identity and expression. This has been described as being the result of "the major historical influence" or legacy of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...
. In most cases, it was former colonial administrators that established anti-gay legislation or sodomy
Sodomy
Sodomy is an anal or other copulation-like act, especially between male persons or between a man and animal, and one who practices sodomy is a "sodomite"...
acts during the 19th century. The majority of countries then retained these laws following independence.
Recent Developments
In July 2011 it was reported that the Commonwealth Secretary General, Kamalesh SharmaKamalesh Sharma
H.E Kamalesh Sharma is the current Secretary General of the Commonwealth of Nations from 2008, having previously served as the High Commissioner for India in London....
had spoken out against discrimination towards people who were gay or lesbian while on a visit to Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, 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 figure had spoken publicly on the issue . Sharma re-emphasised the point in his keynote speech at the opening ceremoney 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”.
An organisation has been established in London in 2011, called The Kaleidoscope Trust, to lobby Britain's politicians so that ministers discuss LGBT issues whenever they host their foreign counterparts. It specifically aims to revoke anti-gay laws within the Commonwealth, using business and political pressure. The singers Elton John
Elton John
Sir Elton Hercules John, CBE, Hon DMus is an English rock singer-songwriter, composer, pianist and occasional actor...
and George Michael
George Michael
George Michael is a British musician, singer, songwriter and record producer who rose to fame in the 1980s when he formed the pop duo Wham! with his school friend, Andrew Ridgeley...
have offered support, with Elton John attending the launch.
The British Prime Minister, David Cameron
David Cameron
David William Donald Cameron is the current Prime Minister of the United Kingdom, First Lord of the Treasury, Minister for the Civil Service and Leader of the Conservative Party. Cameron represents Witney as its Member of Parliament ....
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," he said. "I want Britain to be a global beacon for reform". The British Minister for International Develoment, Andrew Mitchell
Andrew Mitchell
The Right Honourable Andrew John Bower Mitchell MP is a British Conservative Party politician and the Member of Parliament for Sutton Coldfield...
indicated in October that the UK would withhold aid from countries that had a poor human rights record in relation its homosexual citizens, "In a number of countries in Africa that discrimination against homosexuality has concerned us". Malawi
Malawi
The Republic of Malawi is a landlocked country in southeast Africa that was formerly known as Nyasaland. It is bordered by Zambia to the northwest, Tanzania to the northeast, and Mozambique on the east, south and west. The country is separated from Tanzania and Mozambique by Lake Malawi. Its size...
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 gay rights. This was later reinforced by David Cameron who emphasises that those receiving UK aid should "adhere to proper human rights".
The British human rights campaigner Peter Tatchell
Peter Tatchell
Peter Gary Tatchell is an Australian-born British political campaigner best known for his work with LGBT social movements...
and the South Australian Labor MLC Ian Hunter
Ian Hunter
Ian Hunter is the name of:* Ian Hunter , South African/British actor* Ian Hunter , cricketer with Derbyshire County Cricket Club* Ian Hunter , Australian association football player...
called for LGBT rights to be put on the agenda of the Commonwealth Heads of Government Meeting (CHOGM), to be held in Perth
Perth, Western Australia
Perth is the capital and largest city of the Australian state of Western Australia and the fourth most populous city in Australia. The Perth metropolitan area has an estimated population of almost 1,700,000....
at the end of October. "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
Colin Barnett
Colin James Barnett , Australian politician, is the leader of the Western Australian Liberal Party, the 29th and current Premier of Western Australia since the 2008 election and served as the Treasurer of Western Australia in 2010. He was sworn into office by Governor Ken Michael on 23 September 2008...
to use his access to CHOGM delegates to address the issue of human rights for gay men and women. Finally, it was confirmed that the Austraian Foreign Minister, Kevin Rudd
Kevin Rudd
Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
, would intervene at the October meeting with a request to scrap anti-gay laws.
The discussion on gay rights at the Perth meeting received a muted response from many of the attending delegates despite strong support from the UK, Canada, Australia, and New Zealand. Agreement could not e reached to publish a report by Eminent Persons which was looked at the Commonwealth's future relevance and demanded that all member states that outlawed homosexuality lift their bans.
Homosexual activity remains a criminal offence in 41 of the 54 Commonwealth states.
Commonwealth nations where homosexuality is not a criminal offence
Australia Bahamas Canada Cyprus IndiaLGBT rights in India
-Overview:Homosexual intercourse was a criminal offence until 2009 under Section 377 of the Indian Penal Code, 1860. This made it an offence for a person to voluntarily have "carnal intercourse against the order of nature." This law was struck down by the 2009 Supreme Court decision Naz Foundation...
Malta Mozambique
LGBT rights in Mozambique
The legal status of same-sex sexual activity is ambiguous in Mozambique. There are no explicit laws against homosexual sex, and on March 2011, the Minister of Justice declared during the UN Human Rights Council's Universal Periodic Review that homosexuality is not an offence in Mozambique. However,...
New Zealand Rwanda
LGBT rights in Rwanda
Lesbian, gay, bisexual, and transgender Rwandan citizens may face greater legal and social difficulties in comparison to citizens who are heterosexual. While homosexuality is not de jure illegal, sexual orientation is considered a taboo topic, and there is no significant public discussion of this...
South Africa Tuvalu
LGBT rights in Tuvalu
Male on male sex is illegal in Tuvalu. The Penal Code sections 153, 154 and 155 outlaws homosexual intercourse. There are no LGBT recognitions or rights in Tuvalu.-153 Unnatural offences:Any person who — commits buggery with another person or with an animal; or...
United Kingdom Vanuatu
LGBT rights in Vanuatu
Lesbian, gay, bisexual, and transgender persons in Vanuatu may face legal challenges not experienced by non-LGBT residents. Households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex married couples.-Law regarding same-sex sexual...
Commonwealth countries with legal recognition of same-sex relationships
Australia (varies by state) Canada (marriage)Same-sex marriage in Canada
On July 20, 2005, Canada became the fourth country in the world and the first country in the Americas to legalize same-sex marriage nationwide with the enactment of the Civil Marriage Act which provided a gender-neutral marriage definition...
New Zealand (civil union) South Africa (marriage)
Same-sex marriage in South Africa
Same-sex marriage has been legal in South Africa since 30 November 2006, when the Civil Union Act, 2006 came into force, having been passed by Parliament earlier that month. A ruling by the Constitutional Court on 1 December 2005 had given Parliament one year to make same-sex marriage legal...
United Kingdom (civil partnership)
Commonwealth nations where homosexuality is a criminal offence
Africa BotswanaLGBT rights in Botswana
Lesbian, gay, bisexual, and transgender persons in Botswana face legal issues not experienced by non-LGBT citizens. Both female and male same-sex sexual acts are illegal in Botswana.-Laws regarding same-sex sexual acts:...
Cameroon Gambia
LGBT rights in the Gambia
Lesbian, gay, bisexual, and transgender persons in the Gambia face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in the Gambia.-Law regarding same-sex sexual activity:...
Ghana Guyana
LGBT rights in Guyana
According to the penal code of Guyana, "gross indecency" committed by a man upon another man, either in public or private, will be punished with imprisonment for up to 2 years. For attempted anal sex the punishment is 10 years, and for anal sex, imprisonment for life is possible...
Kenya Lesotho
LGBT rights in Lesotho
Lesbian, gay, bisexual, and transgender persons in Lesotho face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal in Lesotho, but female same-sex sexual activity is legal....
Malawi
LGBT rights in Malawi
Homosexual acts are illegal in Malawi. Section 153 prohibits "unnatural offences". Section 156 concerning "public decency" is used to punish homosexual acts...
Namibia
LGBT rights in Namibia
Namibia has had a troubled history in regards to the protection of the rights and civil liberties of lesbian, gay, bisexual, and transgender citizens. Sodomy is illegal in Namibia, and is punishable with prison time...
Nigeria Sierra Leone
LGBT rights in Sierra Leone
Lesbian, gay, bisexual, and transgender persons in Sierra Leone face legal challenges not experienced by non-LGBT residents. Male same-sex sexual activity is illegal in Sierra Leone.-Law regarding same-sex sexual activity:...
Swaziland
LGBT rights in Swaziland
Lesbian, gay, bisexual, and transgender persons in Swaziland face legal challenges not experienced by non-LGBT residents.-Laws regarding same-sex sexual acts:...
Tanzania
LGBT rights in Tanzania
Homosexuality in Tanzania is socially a taboo topic and same-sex sexual acts are punished by the state.According to the 2007 Pew Global Attitudes Project, an overwhelming majority of 95% of Tanzanian residents said that homosexuality should be rejected by society, making it among the highest...
Uganda
LGBT rights in Uganda
Lesbian, gay, bisexual, transgender persons in Uganda have virtually no orientation-related protections at all. Both male and female homosexual activity is illegal...
Zambia
LGBT rights in Zambia
Lesbian, gay, bisexual, and transgender persons in Zambia face legal challenges not faced by non-LGBT citizens. Same-sex sexual activity is illegal for both males and females in Zambia....
Asia Bangladesh
LGBT rights in Bangladesh
LGBT human rights are not respected in Bangladesh, and there appears to be no organized movement to advance such human rights. And such acts of homosexuality will lead to life in prison, or even face the death penalty.-Constitutional & Criminal Code:...
Brunei
LGBT rights in Brunei
Homosexuality is illegal in Brunei and can be punished with up to 10 years imprisonment or a fine of 30,000 Brunei dollars.-See also:*LGBT rights in Asia*Homosexuality laws of the world...
Malaysia
LGBT rights in Malaysia
LGBT rights are not recognized in Malaysia. The nation retains its colonial era penal code criminalizing sodomy. Social attitudes towards the LGBT community are also shaped by Islam, the official religion in Malaysia.-Criminal Code:...
Pakistan
LGBT rights in Pakistan
Traditional religious norms and cultural beliefs view homosexuality and cross-dressing negatively and this homophobic societal attitude contributes to intolerant social behavior as well as refusal of the government, or most political groups...
Seychelles
LGBT rights in Seychelles
Male homosexuality is currently illegal in the Seychelles, while female homosexuality is legally permissible and decriminalisation is proposed.- Recognition of same-sex relationships :...
Singapore Sri Lanka
LGBT rights in Sri Lanka
Homosexuality is illegal under a broad provision dealing with, "gross indecency", and no national legislation exists to protect LGBT people from harassment or discrimination...
Oceania Kiribati
LGBT rights in Kiribati
Homosexual acts are illegal in Kiribati. The Penal Code sections 153, 154 and 155 outlaws anal intercourse regardless of sex.Unnatural Offences153. Any person who- commits buggery with another person or with an animal; or...
Maldives
LGBT rights in the Maldives
Homosexuality is illegal in the Maldives. In addition, the Maldives was one of the 67 signatory nations opposing the UN declaration on sexual orientation and gender identity, which failed to pass.- Recognition of same-sex relationships :...
Mauritius
LGBT rights in Mauritius
While homosexuality is currently illegal in Mauritius, the nation was one of the 66 signatories of support for the UN declaration on sexual orientation and gender identity, which failed to pass...
Nauru
LGBT rights in Nauru
Gay and bisexual people living in the island nation Nauru face certain unique legal and social challenges. Male-male homosexual acts remain illegal and there is no legal recognition of same-sex marriages, civil unions or domestic partnership benefits...
Papua New Guinea
LGBT rights in Papua New Guinea
Lesbian, gay, bisexual, and transgender persons in Papua New Guinea face legal challenges not experienced by non-LGBT residents. Male homosexuality is prohibited according to section 210 of the Papua New Guinea penal code. Those caught engaging in anal sex can get punished with up to 14 years...
Samoa
LGBT rights in Samoa
Homosexuality is illegal in Samoa. The Samoa Crimes Ordinance 1961 criminalises homosexuality in section 58E,58G and 58J. Samoan culture is historically tolerant of homosexuality. In particular there is a tradition of raising some boys in a family as a girl in order to play an important domestic...
Solomon Islands Tonga
LGBT rights in Tonga
- LGBT Rights :Male on male homosexuality is illegal Tonga with a maximum penalty of 10 years' imprisonment, A person may also be whipped as a punishment if convicted. Homosexuality is generally accepted in Tonga. The Tongan Criminal Offences Act criminilises homosexuality.- The Criminal Offences...
Americas Antigua and Barbuda
LGBT rights in Antigua and Barbuda
Lesbian, gay, bisexual, and transgender persons in Antigua and Barbuda face legal challenges not experienced by non-LGBT citizens. Same-sex sexual acts are illegal in Antigua and Barbuda. Male and female same-sex sexual acts carry a penalty of 5 years imprisonment...
Barbados
LGBT rights in Barbados
Lesbian, gay, bisexual, and transgender persons in Barbados face legal risks not experienced by non-LGBT citizens. Homosexual acts are illegal in Barbados, with a life sentence; but the law is rarely enforced. The law is currently in effect, but under review. Recent polls conducted by Caribbean...
Belize
LGBT rights in Belize
Lesbian, gay, bisexual, and transgender persons in Belize face legal challenges not experienced by non-LGBT citizens. Male same-sex sexual activity is illegal in Belize, with a penalty of 10 years imprisonment...
Dominica
LGBT rights in Dominica
Lesbian, gay, bisexual, and transgender persons in Dominica face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in Dominica....
Grenada
LGBT rights in Grenada
- LGBT Rights :Male on male homosexuality is illegal in Grenada. Under the Grenada Criminal Code, CAP. 76, 1958 Revised Edition, Section 435 the offence of “unnatural crime” is committed by way of sexual intercourse per anum, i.e., anal penetration. Such offence is punishable by imprisonment for...
Jamaica
LGBT rights in Jamaica
Lesbian, gay, bisexual, transgender rights in Jamaica are dominated by the prohibition of sexual acts between men. Sexual acts between women are legal, by virtue of the absence of any reference to them in law...
Saint Kitts and Nevis
LGBT rights in Saint Kitts and Nevis
- LGBT Rights :Male on male homosexuality is illegal in St. Kitts and Nevis. Section 56 and 57 of the "Offences Against the Person Act" criminalises male on male same-sex sexual activity. However female to female sexual realtionships are legal. The Government of St. Kitts and Nevis says it has no...
Saint Lucia
LGBT rights in Saint Lucia
Lesbian, gay, bisexual, and transgender persons in Saint Lucia face legal challenges not experienced by non-LGBT persons. Homosexuality is illegal for males in Saint Lucia, though female homosexual acts are not mentioned. Saint Lucia was also the only UN member in the Americas to formally oppose...
Saint Vincent and the Grenadines
LGBT rights in Saint Vincent and the Grenadines
- LGBT Rights :Homosexuality is illegal in Saint Vincent and the Grenadines. Section 148 of the Criminal Code states that "Any person, who in public or private, commits an act of gross indecency with another person of the same sex, or procures or attempts to procure another person of the same sex...
Trinidad and Tobago
LGBT rights in Trinidad and Tobago
Lesbian, gay, bisexual, and transgender persons in Trinidad and Tobago may face legal challenges not experienced by non-LGBT residents. Both male and female same-sex sexual activity is illegal in Trinidad and Tobago...