Homosexuality illegal in 41 out of 53 Commonwealth countries – report

Anti-gay discrimination not on the agenda of this month's heads of government meeting in Sri Lanka

theguardian.com, Helen Davidson, Sunday 10 November 2013

A gay rights activist at a march in New Delhi. Photograph: Adnan Abidi/Reuters

Homosexuality is illegal in 41 out of the 53 Commonwealth countries, a report released on Monday reveals.

Despite this, the forthcoming Commonwealth heads of government meeting (Chogm) in Sri Lanka has elected not to discuss the issue of anti-gay discrimination.

Commissioned by the Australian Kaleidoscope Human Rights Foundation and compiled by LGBT activists throughout the Commonwealth, the report calls for Commonwealth countries to repeal anti-gay legislation, with an immediate moratorium on enforcement.

“If you look at the world as a whole, around about 40% of nations have state-sponsored homophobia,” said Kaleidoscope’s spokesman, Douglas Pretsell.

“Half of those – about 54% – are in the Commonwealth. If you look at the rest of the world not inside the Commonwealth, it’s only 24.5% – so the Commonwealth has a big problem.

“These are laws that make it illegal to be gay.”

Pretsell said the anti-gay laws were hangover from British colonial rule. It exported laws – including those outlawing sodomy – to Commonwealth countries, where they persist backed by the prevalence of strong religious views among the populations.

“It’s worth noting that in the vast majority of these countries, the laws sit there and they’re completely unused, so no one is ever prosecuted. But [the laws’ existence are] used as a way to intimidate and harass.”

Australia did not completely decriminalise homosexuality until 1997 after a legal case was brought to the UN. From 2007-13 all forms of legislated discrimination were removed from Australian law.

“Faith organisations continue to play a big role in the provision of services,” the report says.

“Although anti-discrimination legislation ensures that faith-run aged-care facilities do not discriminate, there are exemptions for faith-run schools, hospitals, clinics, employment agencies and businesses.”

Pretsell expressed concern that the issue will not be on Chogm’s agenda. The meeting takes on 15-17 November.

“It is not to be talked about at all. In fact Sri Lanka has gone out of its way to refuse visas to any lesbian or gay group, to ban their own activists in the country, and the agenda has absolutely nothing focused on this.”

The report is littered with stories of violence and discrimination. According to the one testimony, the movement for change in Belize has come at a cost for a man who started it.

“As the only claimant in the current constitutional challenge case, I have lost two teeth, had my family property invaded and car damaged by two masked men in the week of the supreme court hearings in May of this year,” writes Caleb Orozco, executive director of the United Belize Advocacy Movement.

“I have had stones thrown at me, experienced simulated gunshots, insults and physical harm on public transportation, threats that speak to, ‘Caleb, you have no right to breathe!’”

The Commonwealth charter does not specifically enshrine protection of people based on their sexual orientation. “We are implacably opposed to all forms of discrimination, whether rooted in gender, race, colour, creed, political belief or other grounds,” it reads.

It does however enforce a commitment to the UN declaration of human rights.

Pretsell would like to see Australia make bilateral agreements with regional neighbours to remove discriminatory laws.

“Before the last election we worked on getting a pledge from each of the political parties that they would support LGBTI rights in their bilateral and multilateral relations in foreign policy. We got the Greens to sign up, we got Labor to sign up and we got individual Liberals to sign up.”

Pretsell said Kaleidoscope had sent the report to the foreign minister, Julie Bishop, and the prime minister, Tony Abbott.

“I received a response from Julie Bishop, but we have quite a cordial relationship, so I was expecting that,” he said.

“Obviously Tony Abbott’s office is busier than Julie Bishop’s, so I’ve not received a reply from that. But we sent a letter specifically to him to ask him to ensure that 2015 Chogm has these matters brought to the table again.”

The offices of the foreign minister and the prime minister have been contacted for comment.

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