In 2013, the Human Dignity Trust prepared a briefing on the criminalisation of homosexuality across the Commonwealth, in advance of the Commonwealth Heads of Government Meeting (CHOGM 2013) in Sri Lanka. In 2015, two years on, the picture had not improved, with 40 of the 53 Commonwealth member states still criminalising consensual same-sex sexual relations between adults and with homosexuality still being illegal in 78 jurisdictions worldwide: over half of the globe.
The frequency of criminalisation in Commonwealth jurisdictions stems from the historical fact that criminalisation was an export of British colonial rule. Criminalisation is therefore a specific issue for the Commonwealth to consider and take steps to rectify.
Published in 2015, this report outlines the extent and nature of the impacts of criminalisation across the Commonwealth, specifically on LGBT individuals, women and youth, and in the areas of healthcare, economic development and immigration. Part 2 of the report explains the global experience of criminalisation and decriminalisation, particularly highlighting the role of British colonial rule in implementing such legislation. Part 3 explores why decriminalisation of same-sex sexual relations should be a priority for the Commonwealth. In Parts 4 and 5, the role of international and regional human rights law, litigation and legislative reform is considered. Part 6 provides statements in support of decriminalisation and Part 7 explains opportunities for change within the Commonwealth.
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