here - Human Dignity Trust
Jonathan Cooper Chief Executive Human Dignity Trust 5 FEBRUARY 2015 FIVE ASKS I. Criminalisation of homosexuality per se must be recognised as persecution, including for the purposes of the Refugee Convention II. Past wrongs need to be addressed and impunity for persecution of the LGBT community challenged. There should be an inquiry into the causes and consequences of LGBT persecution. III. The Anglican Church needs to take a lead in tackling LGBT persecution across the globe IV. The FCO and DfID must make tackling LGBT persecution a stated priority with clear and achievable objectives V. The Commonwealth must lead and guide member states through the decriminalisation process CRIMINALISATION IS PERSECUTION LGBTI people living in persecutory environments: 175 million (2.5% of world’s population of 7 Billion) Sexual orientation or gender identity is perceived or known: 1.75 million (1% of the LGBTI people living under persecutory conditions) Seriously harmed or threatened in countries of origin: 175,000 (1% of perceived or known LGBTI people) NAMING & SHAMING THE 79 JURISDICTIONS WHICH CRIMINALISE Afghanistan, Algeria, Angola, Antigua and Barbuda, Bangladesh, Barbados, Belize, Bhutan, Botswana, Brunei, Burundi, Cameroon, Comoros, Cook Islands, Dominica, Egypt, Eritrea, Ethiopia, Gambia, Gaza, Ghana, Grenada, Guinea, Guyana, India, Indonesia (South Sumatra and Aceh Province), Iran, Iraq (status unclear), Jamaica, Kenya, Kiribati, Kuwait, Lebanon, Liberia, Libya, Malawi, Malaysia, Maldives, Mauritania, Mauritius, Morocco, Mozambique, Myanmar (Burma), Namibia, Nauru, Nigeria, Oman, Pakistan, Papua New Guinea, Qatar, St Kitts & Nevis, St Lucia, Saint Vincent & the Grenadines, Samoa, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Sudan, Sri Lanka, Sudan, Swaziland, Syria, Tanzania, Togo, Tonga, Trinidad & Tobago, Tunisia, Turkmenistan, Tuvalu, Uganda, United Arab Emirates, Uzbekistan, Yemen, Zambia and Zimbabwe CRIMINALISATION OF LESBIANS 35 countries globally have laws that apply equally to lesbians. Those named and shamed are: Algeria, Antigua and Barbuda, Barbados, Botswana, Brunei Darussalam, Burundi, Cameroon, Comoros, Dominica, Eritrea, Ethiopia, Gambia, Guinea, Iran, Liberia, Malawi, Malaysia, Maldives, Mauritania, Morocco, Nigeria, Oman, Qatar, Saint Lucia, Saint Vincent and the Grenadines, Saudi Arabia, Senegal, Solomon Islands, Sudan, Togo, Trinidad and Tobago, UAE, Uganda, Yemen, Zambia There are an additional 20 countries where the law is unclear UNEQUAL AGE OF CONSENT 16 countries with an unequal age of consent: Australia (Queensland); Benin; Bahamas; Canada; Chad; Chile; Congo; Côte d’Ivoire; Gabon; Greece; Indonesia; Madagascar; Niger; Paraguay; Rwanda; and Suriname A WEEK CAN FEEL A LONG TIME WHEN YOU ARE BEING PERSECUTED 28 January 2015 In Uganda 9 gay men arrested after being attacked by a mob 27 January 2015 A man was tortured after being arrested for homosexuality in Gambia 27 January 2015 12 men arrested after allegedly attending a same-sex wedding in Nigeria 20 January 2015 In Egypt increase in homosexualityrelated prosecutions due to Government pressure 20 January 2015 Cameroonian trans woman suffers repeated attacks GARETH’S STORY “Living in Jamaica as a gay man, I experienced and lived with tremendous loss. I lived daily being paralyzed by fear, knowing that there is a high probability that I will be killed. Choosing to be myself, is also equal to choosing, to be hated, dehumanized, chased through the streets by barbaric men, women and children and beaten and dragged by policemen. You live feeling stifled, gasping for breath, drowning in your anxiety, as you risk daily taking the advantage of the gift of life. There is the feeling of just giving up on life, why bother? There is just no place safe to be… who I am. Given I risked my safety to be the voice of my community, I placed a target on my back, I felt like a fugitive sought after by the police. I lived knowing that one day I will be killed because of who I am. The fear I experienced stills lives on even though I am living in the safety of Canada. It is not until gays and lesbians around the world are free to BE, that I will be truly free.” PROSSY’S STORY ‘Growing up in Uganda as a lesbian was scary. I could never relax and let my guard down around people as I knew that could land me in serious trouble. On a regular basis, you'd hear things like, "Being gay is a sin, it's disgusting, who does that?! Kill them, all of them are a waste of space.” ‘This is at school, on the streets, newspapers, even in church! As a young person coming to terms with your sexuality, that's hard to hear. I actually started to believe what they said. I hated myself and prayed that I'd change. ‘The thoughts of hurting myself were never too far from my mind. The thought of anybody finding out that I was a lesbian, terrified me! And of course that terror turned to reality when I was found with my girlfriend. And what happened to us was even worse than what I had imagined in my worst nightmares.’ ARE LGBT PEOPLE PROTECTED FROM PERSECUTION? Is There Protection From Living the Reality of Criminalisation? LGBTI people living in persecutory environments: 175 million (2.5% of world’s population of 7 Billion) Sexual orientation or gender identity is perceived or known: 1.75 million (1% of the LGBTI people living under persecutory conditions) Seriously harmed or threatened in countries of origin: 175,000 (1% of perceived or known LGBTI people) Able to flee and subsist in countries of transit/asylum: 17,500 Able to access legal protection system: 7,500 Apply for refugee status/asylum: 5,000 2012: Granted legal protection: 2,500 CALEB’S STORY ‘Sexual “deviation” is challenged by boys who yell “batty man, faggot, fruit cake, Pow! Pow!” while pretending to pull a trigger. ‘Ridicule and intimidation come with being gay in Belize. Group attacks, though rare, do occur in high school where looking soft gets you harassed or into a fight, while the teacher would make jokes in class. No friends or social support, fear grows, trust becomes difficult. ‘People always say, “It’s none of my business, as long as you don't bring it to me!“ At the same time I could sense their anger at me for being effeminate, for violating some unwritten social code. Privacy, as I’ve come to discover, isn’t just in the home, but an extension of my expression. ‘There is a price to pay and I pay it every day, with disapproving stares, the anxiety of imminent attack, being guarded with strangers, friends ignoring me on the streets, not going out, not having a personal life. ‘I am now 40; I have lots of people who know me, but that’s not the same as having a friend who can protect your privacy. Time will tell.’ CAN THERE BE BENIGN PERSECUTION? LGBT people from Jamaica and Uganda will (almost certainly) be granted asylum What about Belize? UK (and EU) policy is that criminalisation of LGBT people without more will not in itself amount to persecution The criminal law is designed to shame and stigmatise. LGBT people in countries which criminalise are unapprehended felons THERE IS NO SUCH THING AS BENIGN CRIMINALISATION With criminalisation comes: killings and deaths: murder, homicides, suicides prosecutions and convictions; fear of arrest, detention, prosecution and conviction; arbitrary detention and police abuse and harassment even where charges are not brought or prosecutions are discontinued; police entrapment and surveillance; harassment, violence, blackmail and extortion by state and non-state actors; stigmatisation and marginalisation of LGBT people as “unapprehended felons” reinforcing the misapprehensions and general prejudice of the public; discrimination and denial of essential services in health, employment and housing; shame and humiliation; a culture of impunity for violent and/or property crimes and discrimination shattered families; hindering measures to stop the spread of HIV; and impairing development and poverty reduction generally. RIGHTING WRONGS The UK may now have, to all intents and purposes, full legal equality Past injustices need to be addressed Should there be pardons for all? Should there be an independent inquiry into the harm caused by the British state to LGBT people in the UK and abroad? Were the British complicit in the Holocaust as it affected gay men? Arise Sir Alan Turing? (not literally) A ROAD RED WITH MARTYRDOMS In 1897, after his release from prison, Oscar Wilde wrote to a friend, George Ives, predicting the future for gay men: Yes: I have no doubt we shall win, but the road is long and red with monstrous martyrdoms. Nothing but the repeal of [gross indecency] would do any good. That is essential. FROM FEAR TO FREEDOM: THE UK’S JOURNEY TO ENDING LGBT PERSECUTION Sexual Offences Act 1967 & Criminal Justice (Scotland) Act 1980 Dudgeon v UK 1981 Homosexual Offences (Northern Ireland) Order 1982 Criminal Justice Act & Public Order Act 1994 – lowered but retained unequal age of consent Sutherland v UK 1998 ADT v UK 2000 Sexual Offences Amendment Act 2000 – age of consent Sexual Offences Act 2003 – the end of gross indecency & creation of victim-centred laws WHAT DID THE ROMANS EVER DO FOR YOU? Since the 4th century, when the Roman Empire adopted Christianity, Christian doctrines have been the major source for LGBT persecution These Christians were concerned that sexual diversity would promote religious diversity and needed to draw a line between the old order and the new faith: LGBT people were the scapegoat Same-sex marriage was abolished and then same-sex conduct criminalised These Church Fathers attacked same-sex love as perverse and evil: ‘I say to you that these are even worse than murderers, and that it would be better to die than to live in such dishonour’ (John Chrysostom) HENRY VIII SEALS OUR FATE Homosexuality was governed by canon law not civil law in the Middle Ages With the Reformation in England, the socalled Buggery Law of 1533 made same-sex love a civil crime for the first time Prosecutions for sodomy led to witch hunts, executions and drove men to suicide GROSS INDECENCY Unless caught in the act, consensual sex between men was hard to prove The Labouchere Amendment to the Criminal Justice Act 1885, passed without a vote, introduced the crime of gross indecency Gross Indecency – an offence of intimacy – it could only be consensual - became a catch-all, which required little actual proof to secure convictions This 'Blackmailer's Charter' would blight the lives of tens of thousands of men for over a century Oscar Wilde was the first man to be convicted of gross indecency Yet men and women still found a way to live their lives, often in secret. I WANT YOU LESBIANS The situation of women in the UK offers parallels with that of men The criminalisation of lesbians was contemplated in the 1920s and though not officially criminalised, lesbians suffered the same levels of hatred and stigmatisation A strong lesbian sub-culture grew up between the wars based around clubs and private parties A vibrant feminist critique emerged around lesbian critical theory THE WORST PLACE TO BE GAY Michael PittRivers, Lord Montagu and Peter Wildeblood during their trial in 1954 At any one time in the 1950s there were over 1,000 men in prison for homosexual offences Blackmail and fear of the authorities were everyday realities of most gay men Suicide remains the unquantified epidemic Alan Turing (above), convicted 1952 Sir John Gielgud (left), convicted in 1953 Turing and Gielgud were convicted but not imprisoned The right which I claim for myself, and for all those like me, is the right to choose the person whom I love…. I seek only to apply to my own life the rules which govern the lives of all good men and women: freedom to choose a partner and, when that partner is found, to live with him discreetly and faithfully. Peter Wildeblood Against the Law 1955 CHALLENGING CHURCHILL’S LIBERAL CREDENTIALS? 1950s increase in convictions – MaxwellFyfe claimed he would 'rid England of the plague' of homosexuality Winston Churchill commented: The Tory Party won’t accept responsibility for making the law on homosexuality more lenient... I wouldn’t touch the subject. Let it get worse – in hope of a more united public pressure for some amendment… Remember that we can’t expect to put the whole world right with a majority of 18. Was he right? In 1954 the Wolfenden Committee was set up as a result of highprofile cases 10 years between the Wolfenden Report 1957 and the Sexual Offences Act 1967 which gave partial decriminalisation in England and Wales, WHEN THE STATE JUST CAN’T GIVE UP BUT between 1967 and 1975 prosecutions for gross indecency doubled Police tactics included stake-outs of public lavatories, agents provocateurs and extended surveillance of gay pubs and bars This frenzy of prosecution peaked in the late 1980s with over 2,000 convictions for gross indecency and over 1,100 for buggery in 1989 This was also the decade which gave us the infamous Section 28 of the Local Government Act 1988. At the same time many of our loved ones were dying. Old Victorian laws were resurrected to charge men for kissing in public or dancing together As men began to challenge their prosecutions in the late '80s and 1990s, byelaws were increasingly used to obtain convictions as these did not allow for a jury trial – magistrates being more likely to convict Between 1967 and 2002 police recorded over 35,000 offences of gross indecency WAS THERE BRITISH COMPLICITY? During the Nazi regime it’s estimated that up to 60% of gay men in concentration camps were killed. In 1945 gay survivors could be re-imprisoned for 'repeat offences' They were also kept on a list of sex offenders Under the Allied Military Government of West Germany, dominated by Britain and the US, several gay men were imprisoned following the liberation of the concentration camps, regardless of how long they had spent in the camps HOW DAMAGED ARE WE? Our persecution needs to be documented There should be a truth and reconciliation inquiry into the causes and consequences of our persecution and what it means for the future There should be a state-supported museum where LGBT persecution is revealed There needs to be a dedicated monument WHY CAN’T THE CHURCH LEAD THE WAY? LGBT persecution cannot end whilst it is condoned by religious organisations, notably those associated with Christianity, Judaism and Islam The Anglican Communion should hold an inquiry into criminalisation and its consequences across the globe and the Church’s responsibilities Leadership from Lambeth Palace is essential THE CHURCH SAVED ME, WHAT ABOUT THEM? After centuries of supporting the suppression of LGBT people, in the 1950s the Church of England came out in favour of decriminalisation At the time of the Wolfenden Report in 1957 Archbishop Fisher stated: There is a sacred realm of privacy... into which the law, generally speaking, must not intrude. This is a principle of the utmost importance for the preservation of human freedom, self-respect, and responsibility 10 years later Archbishop Ramsey helped steer the Sexual Offences Act through the House of Lords Why do gay Englishmen have dignity but not others? WHAT DO THE GOSPELS SAY? HAS THE OLD TESTAMENT BEEN SEXED UP? Deuteronomy 23: 17-18 ‘there shall be no … sodomite of the sons of Israel’ (traditional translation) '…none of the sons of Israel shall be a cult prostitute' (original Hebrew) Leviticus 18:22 ‘you shall not lie with a male as with a woman; it is an abomination’ (Greek translation) ‘you shall not lie with a male on the bedding [or bed] of a woman [or wife]; it is a despised thing’ (original Hebrew) DOES ST PAUL ACTUALLY CONDEMN? Paul, Corinthians 6: 9-10 ‘the effeminate, and men who lie with men’ will not inherit the Kingdom of God (Greek) ‘the corrupted, and those who rape men…’ (Aramaic) Paul, Romans I:23-28 'for even their women did change their natural use into that against nature… and likewise also their men… burned in their lust one towards another' Most scholars recognise this as a warning against idolatry and paganism A SERENE & GUIDING LIGHT The only root of LGBT persecution is the Bible But is there a theological basis for our persecution? Why this choice and not another? 'All over the world, lesbian, gay, bisexual and transgender people are persecuted. They face violence, torture and criminal sanctions because of how they live and who they love. We make them doubt that they too are children of God – and this must be nearly the ultimate blasphemy.‘ (Archbishop Desmond Tutu) THE BEAUTY OF ISLAM The Koranic text and Hadiths of Islam are much less open to interpretation in their condemnation of homosexuality Although attitudes may derive from earlier Judeo-Christian interpretations of Scripture Earlier Islamic societies were openly tolerant of same-sex relationships 'My soul spills into yours. Because it's absorbed your fragrance I cherish it. Every drop of blood I spill Informs the earth; I merge with my beloved When I participate in love' (Rumi, 13th C) IS THIS ISLAM? Modern persecution of LGBT people in Islam can be characterised as a hangup from colonial attitudes introduced by the British in the Middle East, parts of Africa and what is now Pakistan in the 19th & 20th centuries. It has led to the death penalty in a number of Islamic countries, notably Saudi Arabia and Iran Horrifying images of men and women killed for being gay or lesbian have come to define our understanding of Islamic homophobia But is this Islam? SHOULD HMG BE DOING MORE? The FCO have stated human rights priorities, including preventing torture and the death penalty Ending the persecution of the LGBT community across the globe is not one of them The FCO genuinely care, but tackling LGBT persecution must become a stated priority with clear and achievable objectives Criminalisation can end, but the international community needs a united co-ordinated and well-resourced response which listens to and supports local LGBT activists, as well as working with Governments SHOULD HMG BE DOING MORE? A global strategy, shared between the FCO, DfID and across government should be devised in consultation with those who would be most affected by it Litigation should be supported Reform of sexual offences laws should be assisted Identifiable funding streams should be established Protection from persecution should be prioritised HOW WILL CRIMINALISATION END? Locally supported litigation Locally supported legislative reform Locally supported advocacy Targeted funding and support Engagement with multilateral fora Bilateral negotiations Creative use of diplomatic tools Travel bans for identifiable persecutors DOES LITIGATION WORK? The reality is, in most jurisdictions reform will be litigation led The consequences of litigation include: Already vulnerable people are exposed Who owns the litigation? Cost implications How to ensure the best legal arguments Democratic legitimacy What happens when litigation fails? 1990: JURISDICTIONS WHICH CRIMINALISED OR PERMITTED CRIMINALISATION 2015: JURISDICTIONS WHICH CRIMINALISE AN OVERVIEW OF LITIGATION TO DECRIMINALISE CONSENSUAL SAME-SEX ACTS Successful challenges Setbacks Ongoing cases United Kingdom (N.Ireland) Botswana Belize Ireland India India Australia (Tasmania) Singapore Jamaica South Africa Zimbabwe Malawi Ecuador Nepal Fiji United States Cyprus Turkish Republic of N. Cyprus* * Case filed before the ECHR. Offending provisions repealed Countries where cases challenging criminalisation have been brought SUCCESSFUL LITIGATION ON KEY RELATED ISSUES INCLUDE: United Kingdom (age of consent, military service, trans rights) Austria (age of consent) Hong Kong (age of consent/ criminalisation of acts in public) Colombia (employment discrimination, military service) Peru (military service) Canada (excluding sexual orientation from non-discrimination laws) Trinidad and Tobago (excluding sexual orientation from nondiscrimination laws) Russia (freedom of assembly or association) Moldova (freedom of assembly or association) Philippines (registration of a political party) Chile (child custody) Malaysia (criminalisation of cross-dressing) ONGOING CASES ON KEY RELATED ISSUES Guyana (challenging cross-dressing laws) Uganda (freedom of assembly or association / challenging enhanced criminalisation) Nigeria (challenging enhanced criminalisation) Kenya (registration of LGBT organisation) Botswana (registration of LGBT organisation) Belize (challenging discriminatory immigration laws) Trinidad and Tobago (challenging discriminatory immigration laws) THE (VERY BRAVE) MAN IN WHOSE NAME THIS ALL HAPPENED Jeff Dudgeon AND THE (VERY BRILLIANT) MAN WHO MADE IT HAPPEN Peter Ashman 1950 2014 AND THE (EXCEPTIONAL AND OUTSTANDING) WOMAN WHO CREATED THE FRAMEWORK WHICH ALLOWED IT TO HAPPEN HUMAN RIGHTS TO THE RESCUE The UDHR Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world Article 1. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind … Guess What? Believe it or not, “everyone” includes us …. WHERE WOULD WE BE WITHOUT EUROPE? Dudgeon v UK Norris v Ireland Modinos v Cyprus Sutherland v UK ADT v UK Smith & Grady v UK H C v Turkey (N Cyprus) Cases on an equal age of consent (mainly against Austria) Membership of the Council of Europe requires decriminalisation Christine Goodwin eventually established the rights of trans people in the UK “SOME DAY WE’LL BE FREE… IF NOT TOMORROW, THEN THE DAY AFTER THAT” Yoweri Museveni: '… the topic of homosexuality was provoked by the arrogant and careless Western groups that are fond of coming into our schools and recruiting young children into homosexuality and lesbianism.' A spokesman for Goodluck Jonathan: 'This is a law that is in line with the people's cultural and religious inclination. So it is a law that is a reflection of the beliefs and orientation of Nigerian people.' Robert Mugabe: 'If you take men and lock them in a house for five years and tell them to come up with two children and they fail to do that, then we will chop off their heads.' Scott Lively: 'From Genesis to Revelation the Bible teaches that homosexuality is not "just another sin". It is a symbol of extreme rebellion against God and harbinger of His wrath.' Yahya Jammeh: ‘We will fight these vermins called homosexuals or gays the same way we are fighting malaria-causing mosquitoes, if not more aggressively.’ Portia Simpson Miller: 'We have to… consult our constituents and then we go with the decisions of those consultations… [the issue] does not impact in a serious way the majority of our people who are poor.' ENHANCED CRIMINALISATION A Crisis Facing the LGBTI Community Across the Globe Laws enhancing the criminalisation of LGBTI identity have been adopted in Gambia and Nigeria. A similar law in Uganda was declared unlawful on a technicality. A new law in Uganda is in the pipeline. These laws are additional to existing criminal laws prohibiting consensual sex between adults of the same sex. The effect of these enhanced laws is to make LGBTI people outlaws. There is now no space – public or private – where people can be LGBTI in Nigeria and Gambia. Other jurisdictions are likely to follow. Putin’s Russia has adopted laws targeting and isolating the LGBTI community. Should an interstate case be brought against Russia at the European Court of Human Rights? Status of Enhanced Criminalisation in International Law: A serious & systemic violation of human rights law? Persecution? A Crime Against Humanity? No different than existing criminalisation? SMUG v LIVELY Has US Evangelical Scott Lively committed crimes against humanity in Uganda? A US Court, in a preliminary hearing, has held that Lively: [W]orked with associations within Uganda to coordinate, implement, and legitimate ‘strategies to dehumanize, demonize, silence, and further criminalize the [Ugandan] LGBTI community’ … [the] Defendant’s international activities … succeeded in intimidating, oppressing and victimizing the LGBTI community. SMUG v LIVELY With respect to LIVELY’s role in aiding and abetting persecutory acts: Essentially [Lively’s] role is alleged to be analogous to that of a leader of a criminal enterprise. He participated in formulating the enterprise’s policies and strategies. He advised other participants on what actions might be most effective in achieving the enterprise’s goals, such as criminalizing any expressions of support for the LGBTI community and intimidating its members through threats and violence. He generated and distributed propaganda that falsely vilified the targeted community to inflame public hatred against it. The case continues …. LIVELY’S IMPACT Frank Mugisha, Sexual Minorities Uganda: “Uganda has always been a conservative society in which certain things are not discussed, but it never used to be a cruel environment for gay people. Twenty years ago we were not pursued by mobs, tortured by police, or run out of our homes. … Scott Lively first came to Uganda in 2002 and began peddling his distinctive variety of hot-headed and active homophobia.” GLOBAL BEST PRACTICE PALAU DECRIMINALISED in 2014 Legislation not litigation Activist engagement UPR commitment Responsive Government Constructive dialogue Use of model penal code GLOBAL BEST PRACTICE Legislation must be the preferred option: Bahamas New members of the Council of Europe Turkish Republic of Northern Cyprus New Zealand Canada São Tomé and Príncipe Palau Mozambique? Angola? ENDING ALL FORMS OF CRIMINALISATION MUST BE A PRIORITY The FCO and DfID must continue to devote all available resources to end all forms of criminalisation The UN Office of the High Commissioner for Human Rights must be supported in their work at every opportunity Consecutive UN Secretary Generals and High Commissioners are to be congratulated and thanked for their unswerving support The Commonwealth has to do more MIGHT THE COMMONWEALTH BE THE KEY? The 41 Commonwealth Countries Which Criminalise are Named and Shamed: Antigua and Barbuda; Bangladesh; Barbados; Belize; Botswana; Brunei; Cameroon; Dominica; Ghana; Grenada; Guyana; India; Jamaica; Kenya; Kiribati; Malawi; Malaysia; Maldives; Mauritius; Mozambique; Namibia; Nauru; Nigeria; Pakistan; Papua New Guinea; Saint Kitts and Nevis; Saint Lucia; Saint Vincent and the Grenadines; Samoa; Seychelles; Sierra Leone; Singapore; Solomon Islands; Sri Lanka; Swaziland; Tanzania; Tonga; Trinidad and Tobago; Tuvalu; Uganda; Zambia. BRITISH COLONIALISM Laws criminalising homosexuality are intrinsically British. They are a British colonial legacy and were extended across the Empire throughout the 19th and 20th centuries Wherever the British went, criminalisation went too: from Egypt to Iraq; from the colonies of North America to Ireland These laws were exported to British colonies in India first and then the Caribbean and Africa It is these laws in their current manifestation which form the basis of much of the persecution LGBT people face today in Asia, West and East Africa and the Caribbean. By upholding these laws, British colonial values are being maintained WHAT HAS THE COMMONWEALTH EVER DONE FOR US? 80% of the Commonwealth criminalises, which represents 30% of the world’s population and 60% of cases of HIV In the Commonwealth Caribbean a gay man will have a 1:4 chance of being infected with HIV. The figure is 1:15 for the rest of the Caribbean UN AIDS has stated that criminalisation both boosts and causes HIV infections Should the Commonwealth be doing more? SHOULD WE HAVE TO ASK? I. Criminalisation of homosexuality per se must be recognised as persecution, including for the purposes of the Refugee Convention II. Past wrongs need to be addressed and impunity for persecution of the LGBT community challenged. There should be an independent inquiry III. The Anglican Church needs to take a lead in tackling LGBT persecution across the globe IV. The FCO and DfID must make tackling LGBT persecution a stated priority with clear and achievable objectives V. The Commonwealth must lead and guide member states through the decriminalisation process
© Copyright 2024