Global campaign to decriminalise homosexuality kicks off (Video)

Image via Wikipedia

By Paul Canning

A court case will start this week in the small Central American nation of Belize challenging that country's criminalisation of homosexuality. The case is supported by a new British-based group which hopes to challenge such laws throughout the world.

The Human Dignity Trust (HDT) was established by a high powered group, which includes the former attorney general of India; the former secretary general of the Commonwealth; Lord Woolf, former lord chief justice of England and Wales; and a former judge at the Intra-American court of human rights.

It says:

"Criminalisation causes misery to all of those affected, compromising people's identity through illegality. It also reduces human beings to their sexual acts."

"We hope to bring approximately five to 10 cases globally each year. Where necessary we will fund cases. In the event of a prosecution, we can assist lawyers in preparing a defence challenging those laws. If appropriate, we may bring cases in our own name."

Most such laws are a legacy of British colonial rule. Countries formerly ruled by Belgium, Portugal or France generally do not have such laws.

The former British attorney general, Lord Goldsmith, will be among the team of lawyers taking on the constitutionality of section 53 of Belize's criminal code, which says that: "Every person who has carnal intercourse against the order of nature with any person or animal shall be liable to imprisonment for 10 years."
The case has been brought by United Belize Advocacy Movement (UNIBAM) and its Executive President Caleb Orozco.

Local churches have united in their opposition to decriminalisation and will be present at the hearings. Amongst the evidence they say they will present will be that homosexuality can be "cured". They will also tout the 'foreign influence' line as well as the 'victimhood' line flowing from US evangelical objections to LGBT human rights, saying:

"In every country that has granted a new 'right' to homosexual behaviour, activists have promoted and steadily expanded this 'right' to trump universally recognised rights to religious freedom and expression."

Legal moves challenging criminalisation are already underway in Botswana and are being discussed in Kenya. HDT say they will next challenge sodomy laws in Northern Cyprus and Jamaica.

The legal challenge is on the basis of international agreements which states are party to and, according to the Trust's Chief Executive, Jonathan Cooper, a human rights barrister, mean that criminalising homosexuality is illegal.

"We hope there will be a domino effect eventually," Cooper added, "with countries recognising [that they will lose the test cases] and saying 'Why don't we just decriminalise?'"

Cooper told The Guardian that the Trust's patrons "are not pursuing this as part of a lesbian and gay agenda. It's an international rights law agenda."

The criminalisation laws were an issue at the recent Commonwealth Heads of Government meeting with the Commonwealth appointed Eminent Persons Group cited their abolition as a key recommendation in an extensive Commonwealth reform document.

At a regional consultation convened by the Caribbean Vulnerable Communities Coalition (CVC) in Montego Bay, Jamaica 28 August under the PANCAP Global Fund Project, leaders from more than 20 Caribbean organizations representing the LGBT community and other human rights entities unanimously voted to support their Belizean counterparts in the legal challenge.

Edited to add: Veteran Caribbean activist Colin Robinson of the Trinidad-based Coalition for Inclusion of Sexual Orientation (CAISO) has been highly critical of the HDT role with the case, pointing out that they have not developed it and are not representing the plaintiff.

He said:

"The case was the result of methodical strategic assessment done within the region by Caribbean lawyers and was supposed to be about Caribbean advocates using a Caribbean constitution and Caribbean postcolonial frameworks to expand the enjoyment of liberty and justice in a way that builds on a very Caribbean notion of freedom. The Trust's intervention turned the case into powerful alien gay interests using money and international law to leverage outcomes against the will of the Belizean people. And in my view it will set back the cause of building ownership of GLBT rights and related litigation for years. And now, they are deliberately claiming the case as the kickoff of their campaign, without a mention of the lawyers whose work the case in fact is."

Video: Belizean Prime Minister Dean Barrow comments on the government's position regarding UNIBAM lawsuit to legalise homosexuality in Belize.

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Commonwealth summit failed LGBTI people

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By Paul Canning

Not much positive came out of The Commonwealth Heads of Government Meeting (CHOGM) in Perth, Australia. Kamalesh Sharma was the first Secretary General to speak out against homophobic persecution at a CHOGM event. But there was no agreement on the decriminalisation of homosexuality by the assembled government leaders and a comissioned report which recommended descriminalisation got sidelined.

Peter Tatchell, the Director of the Peter Tatchell Foundation, and who worked with Commonwealth, LGBTI and HIV/AIDS groups to lobby CHOGM, said:

"Our collective efforts raised massively the profile of LGBTI rights. Although not on the official agenda of the heads of government, demands for the decriminalisation of homosexuality were a major backdrop to CHOGM. The petition and email blitz put the Secretary General and Commonwealth governments under unprecedented pressure to respect the human rights of LGBTI people."

"The Secretary General heard our message loud and clear. He stood with us, taking a lead by affirming that homophobic criminalisation and discrimination are incompatible with Commonwealth values. No Secretary General had ever said this at CHOGM. Our hope is that he will continue to give a lead by opposing sexual orientation discrimination and by urging homophobic countries to abide by the Commonwealth's human rights values."

In three Commonwealth countries there are serious anti-gay moves going on. In Uganda the anti-gay bill which carries the death penalty for repeat homosexual offenders is being revived. In Nigeria there's a bill that outlaws same-sex marriage with three years jail for participants and five years jail for those who witness, aid or abet a same-sex marriage. And in Cameroon at least ten men have been arrested so far this year, some for 'looking homosexual'.

Because the UN has condemned anti-homosexual criminal laws (in the Human Rights Council and by the Secretary General and the High Commissioner for Human Rights) it is not just a 'Western agenda'.
A ten member ‘Eminent Persons Group’ (EPG) was set up in 2009 to make recommendations to bring new life to the Commonwealth. Their report stated that the Commonwealth had lost its relevance and was decaying due to the lack of a mechanism to censure member countries when they violated human rights or democratic norms.

Key recommendations were:

• Enact a charter for the Commonwealth, giving it structure.
• Establish a commissioner on the rule of law, democracy and human rights
• Repeal the laws against homosexual conduct in 41 of the member countries.
• Ban forced marriages.
  

The Perth meeting adopted 30 of the report’s recommendations. It approved 12 more subject to considering their financial implications. It rejected 11 and sent 43 to a task force of ministers. They decided not to publish the Eminent Persons Group report (which was leaking out anyway). They also, it seems, have not published the exact recommendations adopted (30), rejected (11) and sent to a task force of ministers (43).

Former UK Foreign Secretary Sir Malcolm Rifkind, a member of the EPG, called the decision not to publish a “disgrace.” Many condemned the decision to hold back the EPG report. In a reversal, the report became public on the Commonwealth Secretariat website on October 30. It is likely that the recommendation on anti-homosexual laws is in the group of recommendations sent off to the task force of ministers. Doug Sanders writing in Fridae said that no media reports seem to have seen the text of the actual CHOGM decision.

A Commonwealth Ministerial Action Group (CMAG) will be empowered to deal with serious or persistent human rights violations by member states, which could include action against countries that perpetrate homophobic persecution.

CMAG will, in effect, be the custodian of the 2009 Affirmation of Commonwealth Values and Principles which, the Secretary-General said "includes a clear commitment to tolerance, respect and understanding. This means we embrace difference, and that includes sexual identity. Discrimination and criminalisation on grounds of sexual orientation is at odds with our values."

Related articles

• This Commonwealth summit 'our best chance ever for LGBTI rights' (madikazemi.blogspot.com)
• Commonwealth chief backs LGBT rights (madikazemi.blogspot.com)
• Commonwealth may appoint gay man as 'Commissioner for Good' at annual gathering in October (madikazemi.blogspot.com)

AllOut.org launching #WeAreNotIllegal blog: Invitation to submit photos / testimonials

By Joseph Huff-Hannon

On the heels of our campaign supporting Commonwealth Secretary General Kamalesh Sharma's call for decriminalization across ALL commonwealth countries (www.allout.org/wearenotillegal), All Out is working on a new project to highlight the personal stories of those who live in the 75+ countries around the world that criminalize LGBT relationships.

It's a new photo blog called #WeAreNotIllegal, and is in part inspired by the hundreds of moving, first person testimonials we received from All Out members around the world in the course of this campaign.

We've figured out a way to do this that will protect everybody's identity -- but that still display these stories in a simple and powerful way (see photo submission from one of our members in Malaysia).

It is similar in style to the new "We are the 99%" blog recently created as part of the "Occupy Wall Street" movement in the U.S. (http://wearethe99percent.tumblr.com/) -- where people write a testimonial on a piece of paper, hold it up against their face, and take a picture of it. This 99% blog has attracted media attention around the world -- because it allows people to tell their personal stories of dealing with the extreme economic inequality and injustice in the United States.

By using the same format to share first-person stories of those of us living with these colonial era laws -- we think it will be a powerful story-telling platform, a way to personalize this issue, and to give energy to the long-term fight to scrap these laws all over the world.

If you live in one of the 75+ countries where these archaic criminalization laws are still on the books and would like to share your story with the world, here are the three easy steps:

1. Write a testimonial on a piece of paper, telling how criminalization effects you, and why these laws need to be eliminated. At the bottom of every testimonial, please write #WeAreNotIllegal. Anybody can do this -- LGBT, straight ally, friend, family, health care provider, everybody welcome.
2. Take a picture of yourself holding up your statement. You can use the statement to cover up as much of your face as you want, to protect your identity as needed.
3. Email that image to wearenotillegal@allout.org (or to me directly at joseph@allout.org). Please include your first name (or "anonymous" if you prefer), your country, and your permission for us to post this image to the "We Are Not Illegal" blog. We will launch the blog later this week, and use it to draw the world media's attention to the impacts on millions of us around the world of these colonial era laws.

Thank you so much and you have any questions, please feel free to write me directly!

Related articles

• Commonwealth chief backs LGBT rights (madikazemi.blogspot.com)
• Does the world care about gays in Cameroon? (madikazemi.blogspot.com)

Commonwealth chief backs LGBT rights

Kamalesh Sharma image by ComSec via Flickr

By Paul Canning

Commonwealth Secretary General Kamalesh Sharma has backed LGBT rights at the start of the Commowealth Heads of Government (CHOGM) meeting in Perth, australia today.

The Commonwealth has been the focus of world wide attention by activists for the issue of discrimination against LGBT people to be discussed for the first time at CHOGM this year. Much of the lobbying has focused on Sharma.

Speaking to an audience of several hundred at the opening ceremony of the Commonwealth People’s Forum this afternoon he said the Commonwealth was about democracy, development and diversity, pointing to the 2009 affirmation of the Commonwealth values and principles.

“This includes a clear commitment to tolerance, respect and understanding,” he said.

“This means we embrace difference, and that includes sexual identity. Discrimination and criminalisation on the grounds of sexual orientation is opposed to our values and and I have had occasion to refer to this in the context of our law-related conferences.”

At the Commonwealth Law Ministers Meeting in Sydney, Australia in July, Sharma said that "vilification and targeting on grounds of sexual orientation is at odds with the fundamental values of the Commonwealth."

Human rights activist Peter Tatchell said with this statement Sharma has "shown strong leadership."

"His speech is a tacit rebuke to the more than 40 Commonwealth member states that continue to criminalise homosexuality, with penalties ranging up to life imprisonment," Tatchell said. "They comprise more than half the countries in the world that treat same-sex relations as a serious criminal offence."

In June Sharma responded to criticism of him published in the Guardian newspaper by Tatchell in an article for Kenya's Nairobi Star.

Sharma claimed that work is going on 'behind the scenes'.

"This sometimes leads to a perception that we are inactive or silent on certain issues," he wrote. "This could not be further from the truth."

Sharma cited work on ratification of human rights treaties, aiding countries with UN human rights periodic reviews (which have consistently included questioning on LGBT rights), the establishment of various National Human Rights Institutions (NHRIs) and working with human rights NGOs.

Sharma claimed that:

"I have consistently made it clear publicly that we deplore hate crimes of any nature and the vilification and targeting of gay and lesbian people runs counter to the fundamental values of the Commonwealth."

Following intense lobbying, the meeting's host, Australian Foreign Minister Kevin Rudd has said that he will call for an end to the laws criminalising homosexuality at CHOGM. The Canadian Foreign Affairs Minister John Baird has also said he will support the call.

However a report today said that India will oppose anything which involves the imposition of penalties for Commonwealth nations that discriminate against gay people.

Commonwealth advisory body, the Eminent Persons Group (EPG), which includes the openly gay retired High Court judge Michael Kirby, has recommended that Commonwealth countries repeal legislation criminalising homosexuality on the grounds that anti-gay laws are hampering efforts to combat the spread of HIV.

Reports today say that India is expected to block a push by Australia, Canada and the UK to set up a Commonwealth human rights and rule-of-law watchdog as recommended by the EPG, arguing that it goes beyond the mandate of the 54-nation group. The proposed leader of the watchdog was reported to be Kirby.

The Times of India reported yesterday that India's opposition was based on concerns such a group would only duplicate the role of the UN Human Rights Council.

According to The Australian newspaper, India's objections are rooted in its concern that a periodic review of its record on human rights by the UN next year will push for the caste system to be declared racist and because it is protecting its neighbour, Sri Lanka, from human rights scrutiny.

These are the four proposals that many LGBTI campaigners want to see on the CHOGM agenda and that they want all Commonwealth member states to adopt:

• Decriminalisation of homosexuality
• Laws prohibiting discrimination based on sexual orientation and gender identity
• The enforcement of legislation against threats and violence, to protect LGBTI people from hate crimes
• Consultation and dialogue with LGBTI organisations

Related articles

• This Commonwealth summit 'our best chance ever for LGBTI rights' (madikazemi.blogspot.com)
• Commonwealth lobbying urged as pressure to discuss homosexuality builds (madikazemi.blogspot.com)
• Commonwealth leader responds to criticism by Peter Tatchell (madikazemi.blogspot.com)

This Commonwealth summit 'our best chance ever for LGBTI rights'

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By Peter Tatchell

Australian Foreign Minister Kevin Rudd will call for an end to the laws criminalising homosexuality at the Commonwealth Heads of Government Meeting (CHOGM) in Perth, Australia, next week.

This announcement follows intense lobbying of Mr Rudd by LGBTI activists from the global north and the global south.

Mr Rudd is the host of CHOGM and will have significant influence over the Commonwealth summit's deliberations.

Lobbying the Commonwealth is paying off. It is great news. Australia did not push for decriminalisation at the last Commonwealth summit, held in Trinidad and Tobago in 2009. This announcement is positive progress.

Huge thanks to the many LGBTI groups and individuals from all over the world who lobbied Kevin Rudd and the Commonwealth Secretary General, Kamalesh Sharma.

I wrote to Kevin Rudd on 5 September, urging him to ensure that LGBTI rights are on the official agenda at the Commonwealth summit. Mr Rudd responded with a commitment to press for gay law reform throughout the Commonwealth.

Commonwealth advisory body, the Eminent Persons Group (EPG), which includes the openly gay retired High Court judge Michael Kirby, has recommended that Commonwealth countries repeal legislation criminalising homosexuality on the grounds that anti-gay laws are hampering efforts to combat the spread of HIV.

Commonwealth countries comprise 30% of the world's population but have more than 60% of the world's people living with HIV.

The EPG report is part of the formal Commonwealth agenda.

Meanwhile, Festus Mogae, the former president of Botswana, has added his voice to calls for the decriminalisation of homosexuality and sex work, in order to help reduce HIV rates.

He told the BBC's Africa Network:

"You have to assist them to protect themselves. I don't think by arresting them you help them."

Reporting on the Australian Foreign Minister's backing for gay law reform throughout the Commonwealth, the Sydney Star Observer writes:

A spokeswoman for Kevin Rudd said he would raise the issue of decriminalisation with foreign ministers from Commonwealth countries attending the 28-30 October Commonwealth Heads of Government Meeting (CHOGM).

"Australia is a global advocate of non-discrimination on the basis of sexual orientation," the spokeswoman said.

"Australia encourages all countries to decriminalise homosexuality by removing all laws imposing criminal penalties for homosexual conduct.

"Mr Rudd will be raising these matters with Commonwealth foreign ministers at CHOGM."

"Australia is encouraging all governments to respond substantively to the EPG recommendations (for decriminalisation)," Rudd's spokeswoman said.

ABC TV News also reports on the bid to discuss the decriminalisation of homosexuality during the official programme of the Commonwealth summit.

These are the four proposals that many LGBTI campaigners want to see on the CHOGM agenda and that they want all Commonwealth member states to adopt:

• Decriminalisation of homosexuality
• Laws prohibiting discrimination based on sexual orientation and gender identity
• The enforcement of legislation against threats and violence, to protect LGBTI people from hate crimes
• Consultation and dialogue with LGBTI organisations

These four demands echo proposals previously expressed by a coalition of LGBTI campaigners from the global south at meetings of the Commonwealth People's Forum, an ngo side event to the main CHOGM.

Peter Tatchell, is the Director of the human rights organisation, the Peter Tatchell Foundation. 

Updated to add:  The report by the Eminent Persons Group (EPG) to the summit, 'Time for Urgent Reform', has been leaked. It says that:

The Commonwealth could cease to exist unless it takes stronger, more public stands against egregious human rights violations in its member countries.

The leak to Canada's National Post includes a promise by Canadian Foreign Affairs Minister John Baird to join those raising LGBT rights at the summit.

The EPG report contains a proposal for a new Commissioner for Democracy, Rule of Law and Human Rights. It has been reported that this post could be taken by the openly gay former Australian High Court judge Michael Kirby.

Related articles

• Commonwealth may appoint gay man as 'Commissioner for Good' at annual gathering in October (madikazemi.blogspot.com)
• Commonwealth lobbying urged as pressure to discuss homosexuality builds (madikazemi.blogspot.com)

Will the Commonwealth finally discuss homosexuality?

Image via Wikipedia

By Paul Canning

People in Commonwealth countries are being urged to support the call for a first-ever discussion about homosexuality at the Commonwealth leaders summit.

13 October, a large group of civil society organisations from throughout the 54-member state association have put forward a 'Statement of Action on the Decriminalisation of Adult Same Sex Conduct in the Commonwealth' for the Commonwealth Heads of Government Meeting (CHOGM) in Perth, Australia, 28 October.

The CHOGM leaders have never in their entire history even discussed – let alone supported – LGBT human rights. They have always refused to consider this humanitarian issue, despite the fact that more than 40 of the 54 Commonwealth member states continue to punish same-sex behaviour with criminal sanctions.

Over half the world's countries that criminalise homosexuality belong to the Commonwealth. Penalties include life imprisonment in Sierra Leone, Tanzania, Pakistan, Uganda, Bangladesh and Guyana. In some countries, including Nigeria, Cameroon and Uganda, homophobic witch-hunts take place.

The Statement says:

"The continued criminalisation of a minority for no other reason than their immutable characteristics is a form of discrimination and persecution that cannot continue amongst a community of nations that has committed itself to protecting human rights and equality before the law."

Following an article in May in The Guardian newspaper, by human rights activist Peter Tatchell, which strongly criticised the Secretary General and the Commonwealth for their failure to speak out against homophobic and transphobic persecution in member countries, Kamalesh Sharma became the first Commonwealth Secretary General to make an explicit and unequivocal public statement criticising homophobia and homophobic discrimination.

Sharma claimed that work is going on 'behind the scenes'.

"This sometimes leads to a perception that we are inactive or silent on certain issues. This could not be further from the truth."

Following further lobbying, at the Commonwealth Law Ministers Meeting in Sydney in July, Sharma reiterated that sexual orientation victimisation is incompatible with Commonwealth values.

However, obvious doubts remain about whether the Commonwealth will take any action. A year ago leaked document obtained by the Guardian showed that Commonwealth staff were told by the Secretary General it is not their job to speak out against human rights abuses

A protest march 28 October in Perth will include protests against the lack of LGBT human rights in many Commonwealth nations.

Meanwhile, a group of 'global south' LGBT activists are pleading to be let in to the Commonwealth People’s Space which takes place alongside CHOGM. This has been the only way that LGBT issues have previously seen the light at the event.

In 2007 in Kampala, Uganda, LGBT activists were humiliated and assaulted by state representatives and the public. Things changed in 2009 in Trinidad and Tobago when a breakthrough saw the Commonwealth People’s Forum (CPF) include LGBT issues in its Civil Society Statement.

However in Perth five LGBT activists from Africa, Asia, the Caribbean, and the Pacific Islands can't get in because 40% of the slots available have been reserved for Australians.

A protest letter from 15 'global south' LGBT groups says:

"Meaningful achievements on sexual citizenship and gender justice in the Commonwealth require the participation of members of civil society whose daily lives are at the core of those issues, the Commonwealth citizens whose humanity and sexuality the Commonwealth continues to allow its members to criminalise, and of representatives of the civil society organizations on the frontlines of work for change in these areas. Our inability to contribute to these initiatives at CPF 2011 (the hallmark of the Commonwealth’s commitment to civil society engagement), and to hold them accountable, will deprive efforts in this area by advocates and governments of critical legitimacy and credibility, and risk half-gains and missteps."

If you are a Commonwealth citizen you can help with the request to Commonwealth leaders to put the decriminalisation of homosexuality, support for LGBT equality and action on HIV on the official CHOGM agenda for discussion by the heads of government of the 54 member states.

• Here is a sample letter, which you can copy or adapt.

• Email the Commonwealth Secretary General, Kamalesh Sharma: secretary-general@commonwealth.int 
• Email the CHOGM host, the Australian Foreign Minister Kevin Rudd: Kevin.Rudd.MP@aph.gov.au and also email kevin.rudd@dfat.gov.au 
• Sign this petition organised by a coalition of HIV organisations.

Update, 19 October: Australian Foreign Minster Kevin Rudd will call for an end to laws criminalising homosexuality at CHOGM.

A spokeswoman for Rudd said he would raise the issue with foreign ministers from Commonwealth countries attending the meeting.

“Australia is a global advocate of non-discrimination on the basis of sexual orientation,” the spokeswoman said.

“Australia encourages all countries to decriminalise homosexuality by removing all laws imposing criminal penalties for homosexual conduct.

“Mr Rudd will be raising these matters with Commonwealth foreign ministers at CHOGM.” 

Civil Society Statement of Action on the Decriminalisation of Adult Same Sex Conduct in the Commonwealth

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Does the world care about gays in Cameroon?

N'Kom image via Wikipedia

By Paul Canning

Two men arrested in August in Cameroon for looking effeminate and who reportedly "confessed" to homosexuality after being tortured are being defended today 10 October in court by the legendary Cameroonian LGBT human rights defender Alice N'Kom.

This morning she sent out a message:

"I'm about to walk into a courtroom in downtown Yaoundé to defend Jonas, 19 and Franky, 20 - two Cameroonian boys arrested last July for the "crime" of being gay."

"It's going to be a tough one, but I've never felt so strong: I know I have your support and 55,000 people behind me."

N'Kom is referring to a petition by allout.org. A third man was arrested with Jonas and Franky but bailed, according to the Cameroon LGBT group Association for Defense of Homosexuality (ADEFHO), "thanks largely to his money". N'Kom continues:

"Your efforts are having an immediate impact. My cell phone has been ringing non-stop with everyone from diplomats to human rights organizations and high profile media telling me that they are now paying attention to the crisis here. Also, I just heard that today's case is being closely monitored at the highest levels of our government. The Ministry of Justice knows the world is watching and that Cameroon's reputation is at stake."

"This is really positive - but many of the people arrested because they are gay are still in jail, and the violence is ongoing. We need to show the authorities that we will not stop until everyone is released, and until homosexuality is no longer criminalized under Cameroon's laws."

At least ten men have been arrested and imprisoned for homosexuality in Cameroon so far this year. Roger Jean Claude Mbede is one imprisoned in Yaoundé Central Prison (Kondengui) for homosexuality. According to Alternatives-Cameroun he is suffering in a state of deplorable health and lack of food with his left eye without treatment or medications.

"He told us he slept on the ground since his imprisonment, and is abandoned by most of his family members who regard  him as a wizard," they said.

Amnesty International is running an international campaign demanding Mbede's release.

A proposed revision to Cameroon's criminal code will equate homosexuality with pedophilia, according to activists.

Two new by-laws punish homosexual acts on minors between 16 and 21 years of age to eight years in jail with 10-15 year terms available for acts committed on minors younger than 16, activist Stéphane Koche told AFP.

Although 55,000 is a lot the number pales in comparison to other international petitions. So N'Kom is asking for further support and to push the petition numbers over 100,000. Supporters can send a message via Facebook or Twitter. Another option is to tweet to President Biya's account.

Cameroon is a member of the Commonwealth, one of only two non-former British colonies to join.

There is a major campaign to get the issue of homosexuality and HIV/Aids onto the agenda of the Commonwealth leaders summit in Perth, Australia, from 28-30 October. Laws like Cameroon's stop people who are at greater risk of HIV from accessing key prevention services and life-saving treatment services. As a result more people are infected and ultimately more people will die.

• Sign the letter urging action to stop HIV.

Related articles

• Cameroon: Jailed for Texting? Major new campaign launched (madikazemi.blogspot.com)
• In Cameroon, proposed law change equates homosexuality with pedophilia (madikazemi.blogspot.com)
• In Cameroon, arrested gays 'tortured into confessing homosexuality' (madikazemi.blogspot.com)
• Cameroon's longtime strongman seeks another term (seattletimes.nwsource.com)

Commonwealth lobbying urged as pressure to discuss homosexuality builds

Image via Wikipedia

By Peter Tatchell

Please lobby the Secretary General of the Commonwealth association of nations, Kamalesh Sharma, urging him to use his influence to ensure that LGBT human rights are discussed by the Commonwealth heads of government when they meet in Perth, Australia, 28-30 October.

Commonwealth leaders have never previously discussed the widespread victimisation of LGBT people by Commonwealth member states.

• You can email the Secretary General here: secretary-general@commonwealth.int

You can also write to him via the postal address in my letter below. Feel free to take ideas and excerpts from my letter to use in your own submission.

Please be polite and thank Mr Sharma for his recent statements where he said that victimisation on the grounds of sexual orientation is incompatible with Commonwealth values.

These are the four LGBT issues we want on the official agenda at the Commonwealth Heads of Government Meeting (CHOGM). We want them agreed and adopted by all Commonwealth nations:

• Decriminalisation of homosexuality
• Laws prohibiting discrimination based on sexual orientation and gender identity
• The enforcement of legislation against threats and violence, to protect LGBT people from hate crimes
• Consultation and dialogue with LGBT organisations

The Commonwealth heads of government have always refused to address the widespread violation of LGBT human rights. We want this to be the breakthrough summit.

Read more »

Commonwealth may appoint gay man as 'Commissioner for Good' at annual gathering in October

Justice Michael Kirby image via Wikipedia

By Paul Canning

The Commonwealth may appoint openly gay senior judge Michael Kirby as its 'Commissioner for Good' at its October annual meeting in Perth, Australia, according to Civil Liberties Australia.

The proposed Commissioner is a recommendation from the eleven member Eminent Person's Group (EPG), which was conceived at the Commonwealth Heads of Government Meeting (CHOGM) at Trinidad and Tobago in 2009.

Kirby is an EPG member and former Justice of the High Court of Australia.

The EPG was set up to advise the 2011 CHOGM in Australia on how to improve the Commonwealth's institutions to make them stronger and more effective, particularly on how to create a “stronger, more resilient and progressive [organisation] founded on enduring values and principles,” according to Kirby.

The proposed catch-all commission for governance and liberties "is meant to address the silence and toothlessness of the Commonwealth for decades on human rights issues", says Civil Liberties Australia (CLA).

CLA report that the Commissioner would hold office for four-to-five years, is likely to be a former judge and report directly to the Commonwealth Ministerial Advisory Group. They understand that the EPG has submitted a concise 'Values Paper', which CHOGM will be asked to endorse. They note that the appointment of an openly gay man to the new position is likely to be resisted by many Commonwealth nations.

Updated to add: Kirby has 'emphatically denied' reports that he could be appointed. He told SX Magazine in Sydney that:

“The creation of the office has not been adopted by CHOGM yet. And I cannot think of a ‘news’ story more likely to kill it off than to propose lobbying for a particular candidate at this stage.”

The Australian Federation of AIDS Organisations says that Kirby will be pushing for discussion of LGBT human rights at the CHOGM meeting in Perth alongside Justice A.P. Shah, former Chief Justice of Delhi, India.

CHOGM will see concerted lobbying with a Statement of Action of Decriminalisation of Same Sex Conduct currently drawing signatures from groups throughout the Commonwealth.

Read more »

Video: Envisioning LGBT Human Rights

Professor Nancy Nicol of The Centre for Feminist Research at York University, Canada, talks about the Envisioning Global LGBT Human Rights project at the 'LGBT Identities, Governance, and Asylum' session at the 13th conference of the International Association for Studies in Forced Migration (IASFM) held in Kampala, Uganda, July 3-6.

25 members of the research team and 33 partners are involved and the project's focus is the Commonwealth and challenges to laws in particular countries. With asylum the focus is Canada and South Africa. The project is using video to document human rights abuses and strategies against criminalisation.

Related articles

• Conference hears how Uganda is generating LGBT refugees (madikazemi.blogspot.com)
• York-led team receives $1 million for global LGBT rights study (yorku.ca)

Commonwealth leader responds to criticism by Peter Tatchell

Kamalesh Sharma image by cdelondon via Flickr

By Paul Canning

The leader of the Commonwealth, Kamalesh Sharma, has responded to criticism of him published in the Guardian newspaper by human rights activist Peter Tatchell.

Tatchell wrote that "the Commonwealth is a bastion of global homophobia."

He cited state-sanctioned threats and repression in Malawi, Uganda, Gambia, Malaysia, Cameroon and Nigeria.

Tatchell wrote that Sharma:

"Stands accused of a systematic, persistent and wilful failure to condemn homophobic discrimination and violence."

Sharma did not strongly condemn of Malawi's arrest and jailing of Steven Monjeza and Tiwonge Chimbalanga on charges of homosexuality last year, says Tatchell. He describes Sharma's criticism of Uganda's anti-homosexuality bill as "muted". He notes that Sharma has said: "The bill is now in the Ugandan parliament – in any Commonwealth country, that is exactly where such a national issue should be debated. Let us see what the people of Uganda decide."

Wrote Tatchell:

"This quasi-neutral stance is hardly what we expect when a Commonwealth member state is proposing to execute its own citizens for consenting, victimless behaviour." 

"If the secretary-general can't robustly defend universal human rights and equality for LGBT people, he is unfit for high office and should resign."

In an article clearly responding to Tatchell for Kenya's Nairobi Star, Sharma claims that "human rights are a top priority in the Commonwealth."

He says that because the 2009 'Affirmation of Commonwealth Values and Principles', agreed by all Heads of Government includes the words "...for all without discrimination on any grounds..." this includes discrimination on grounds of sexual orientation.

Sharma points out that change on attitudes to homosexuality in the UK has been gradual - and he cites the anti-gay tactics used against Tatchell's candidacy in the infamous Bermondsey parliamentary by-election in 1983.

"Considering that the vast majority of Commonwealth member countries are less than 50 years old it is remarkable how rapidly they have adopted the values and freedoms taken for granted in countries with far longer histories of self-determination," he writes.

Sharma claims that work is going on 'behind the scenes'.

"This sometimes leads to a perception that we are inactive or silent on certain issues. This could not be further from the truth."

He cites work on ratification of human rights treaties, aiding countries with UN human rights periodic reviews (which have consistently included questioning on LGBT rights), the establishment of various National Human Rights Institutions (NHRIs) and working with human rights NGOs.

He claims that:

"I have consistently made it clear publicly that we deplore hate crimes of any nature and the vilification and targeting of gay and lesbian people runs counter to the fundamental values of the Commonwealth."

Sharma appears to agree with Tatchell that countries are "challenged ... with issues of unjust criminalisation found in colonial current domestic legislation."

"If attitudes are to change, if homophobia is to be challenged - as it should - and if laws on homosexuality are to be reformed the best hope lies in democratic and legal processes." 

"The Commonwealth operates through encouragement not coercion. Ours is the helping hand not the publicly wagging finger used by others. That is how progress on human rights has been best achieved in the Commonwealth."

Sharma does not directly respond to Tatchell's criticism on Malawi or Uganda.

In his article Tatchell points out that Sharma has failed to respond to requests for meetings from himself and other LGBT human rights campaigners. Perhaps this apparent dialogue via article might be followed up with dialogue face-to-face?

Related articles

• Forum Discusses Action on Uganda Anti-homosexual Bill (mask.org.za)
• Report: ILGA: progress seen in LGBT rights in 2010 (madikazemi.blogspot.com)

LGBTI activist in Uganda believed murdered

Activist David Kato, RIP

Donations can be made in David’s memory to bring more legal and human rights work to Uganda, as well as providing safety and sanctuary for other Ugandans facing persecution by clicking HERE.

Source: Sexual Minorities Uganda (SMUG)

Sexual Minorities Uganda (SMUG) and the entire Ugandan Lesbian, Gay, Bisexual, Transgender, and Intersex Community stands together to condemn the killing of David Kato and call for the Ugandan Government, Civil Society, and Local Communities to protect sexual minorities across Uganda.

David was brutally beaten to death in his home today, 26 January 2011, around 2pm. Across the entire country, straight, lesbian, gay, bisexual, transgender, and intersex Ugandans mourn the loss of David, a dear friend, colleague, teacher, family member, and human rights defender.  

David has been receiving death threats since his face was put on the front page of Rolling Stone Magazine, which called for his death and the death of all homosexuals. David’s death comes directly after the Supreme Court of Uganda ruled that people must stop inciting violence against homosexuals and must respect the right to privacy and human dignity. 

Sexual Minorities Uganda and the Ugandan Lesbian, Gay, Bisexual, Transgender, and Intersex Community call on the Police and the Government of Uganda to seriously investigate the circumstances surrounding David’s death. We also call on religious leaders, political leaders and media houses to stop demonizing sexual minorities in Uganda since doing so creates a climate of violence against gay persons.

Val Kalende, the Chair of the Board at Freedom and Roam Uganda stated that:

“David’s death is a result of the hatred planted in Uganda by U.S Evangelicals in 2009. The Ugandan Government and the so-called U.S Evangelicals must take responsibility for David’s blood!”

Read more »

Commonwealth Foundation opposes anti-gay laws

Source: Sydney Star Observer

The Commonwealth Foundation has released a report warning member states that laws criminalising at risk groups including GLBTs “are seriously increasing peoples’ risk of getting HIV”.

The “Enabling legal environments for effective HIV responses” report was produced by the International HIV & AIDS Alliance and the Commonwealth HIV & AIDS Action Group and calls for “greater leadership from governments and civil society around the Commonwealth to create an enabling environment for those living with HIV and AIDS.”

Commonwealth Director Mark Collins said, “By pushing people living with HIV and AIDS underground, we put their lives and those of others at risk.”

“This report sets out an agenda for change which could make a very real difference for those who remain marginalised, discriminated against and deprived of their rights.”

A majority of Commonwealth countries retain anti-gay laws including Nigeria which retains the death penalty for homosexuality in its northern Muslim states and Uganda which is currently considering its own death penalty bill.

The Commonwealth Foundation is an intergovernmental organisation tasked with strengthening civil society in Commonwealth nations.

• Enabling legal environments for effective HIV responses [PDF]

Commonwealth has abandoned human rights commitment says leaked memo

Image by ComSec via Flickr

Source: guardian.co.uk

By Julian Borger

The Commonwealth has abandoned its commitment to defending human rights, according to a leaked document obtained by the Guardian in which the secretary general tells his staff it is not their job to speak out against abuses by the 54 member states.

David Cameron and the foreign secretary, William Hague, have both said they will put new emphasis on the Commonwealth in Britain's foreign policy. But the organisation's London-based institutions, the secretariat and the charitable foundation, are both in turmoil, riven by disputes over their purpose and direction, and internal wrangles over the treatment of staff.

Coming soon after the well-publicised shortcomings in India's preparations for the Commonwealth Games, the latest revelations about dysfunction within the secretariat and foundation are likely to add to questions over what the Commonwealth is for. The most threatening internal rupture is over human rights. Staff at the secretariat were furious when the secretary general, Kamalesh Sharma, remained silent over a series of abuses by member states in recent years.

For example, when the Gambian president, Yahya Jammeh, threatened to behead homosexuals in 2008; when government troops and Tamil Tiger rebels were accused of widespread atrocities at the end of the civil war in Sri Lanka last year; and when a Malawi court in May sentenced a gay couple to jail for being homosexual, the secretary general ignored calls from secretariat staff urging him to express concern at least.

Read more »

Petition to the Commonwealth to declare its position on homophobia in its member-countries

Source: Justice for Gay Africans Society

The Commonwealth has been silence on the issues of Lesbians, Gay, Bisexual & Trangendered (LGBT) people’s persecutions and discrimination going on in many of its member-countries. Gay people in these countries are being denied access to healthcare, arrested and jailed, sentenced to death, exposed to public and state homophobia and denied state protection.

Join us to change this cruelty.

• Please sign the petition with us.

Of the 53 Commonwealth member-countries, over 40 still criminalise same-sex relations, mostly under anti-gay laws that were originally imposed by the British colonial government in the nineteenth century. This is disgraceful to the Commonwealth when its core principles includes equality, non-discrimination, opportunity for all, liberty of the individual and human dignity.

If the Commonwealth continue in this silence, it is not only living short of its own principles, but it is supporting these countries to ignore these pillars of justice.

Carribean: demonstration for legal reform; gay centre opens on Curaçao; Guyana gay film festival condemned

Source: UK Gay News

The Jamaica Forum for Lesbians All-sexuals and Gays (J-FLAG) mounted a ‘Stand Up to CARICOM’ 4 July opposite the entrance to the Hilton Rose Hall Resort, Montego Bay, Jamaica, site of the 31st CARICOM Heads of Government meeting [the 15-nation Caribbean Community].

“The decision was made to mount this Stand because of the continued presence of anti-buggery laws in 11 of the 14 member states in CARICOM which contribute to discrimination, marginalization and other serious human rights violations of CARICOM citizens,” said Jason McFarlane, the group’s programme manager.

“J-FLAG therefore calls for the immediate repeal of such laws and the full integration of LGBTI citizens into the CARICOM family.”

Demonstrators carried placards calling for the repeal of the anti-buggery laws, as well as an end to gay discrimination and improved human rights for all citizens in CARICOM.

One of the participants was Maurice Tomlinson of AIDS Free World. He expressed his organization’s support, staying that such actions are necessary to raise awareness within CARICOM about the rights of LGBTI, including the right to an adequate standard of health.

He went on to say that anti-buggery laws and discriminatory practices undermine the regional fight against HIV by driving gays underground, away from effective HIV prevention, treatment and care.

The group was able to stand peacefully for 17 minutes before they were asked by police to relocate due to the sensitive nature of the site.  Demonstrators complied, hanking the police for their professionalism in handling the situation.

~~~~~~

Source: Radio Netherlands Worldwide

Curaçao, which is part of the Kingdom of the Netherlands, has opened its first gay centre. With its activities Casa Rosada (pink house), located in the neighbourhood of Otrabanda, hopes to break the taboo on homosexuality.

Read more »

Malawi protest in London: Free Steven and Tiwonge

Photo by Brett Lock of OutRage!

By Peter Tatchell

African and British human rights campaigners rallied outside the Commonwealth’s head quarters in London on Monday 22 March. They were protesting against the prosecution and imprisonment of the Malawian same-sex couple, Steven Monjeza and Tiwonge Chimbalanga, on charges of homosexuality, and against the Commonwealth’s failure to condemn their arrest and detention in Chichiri prison.

The keynote speaker at the protest was Edi Phiri, a gay Malawian who fled his country after he was badly beaten and had threats to kill him. He said:

“I urge my President and government to intervene to release Steven and Tiwonge. These two men don’t deserve the way they are suffering in jail.

“The delay in the trial and the postponed verdict is a sign that the government and judiciary are split. Some officials want to convict and others don’t. They keep on putting off the verdict. It is unfair to treat Steven and Tiwonge like this.

“International solidarity protests are really important to make sure these men get their freedom.

“Malawi’s anti-gay laws are not African. They were imposed by the British colonisers nearly two centuries ago,” said Mr Phiri.

Similar concerns were echoed by protest coordinator, Peter Tatchell, of the London-based lesbian, gay, bisexual and transgender (LGBT) human rights group OutRage!:

“The judge has refused Tiwonge and Steven bail. Imprisoning them for three months without a verdict is an abuse of law and a violation of their right to a swift and fair trial. These men are innocent until proven guilty. So why are they in prison?” he queried.

“Tiwonge and Steven love each other and have harmed no one. But they could be jailed for up to 14 years.

“This protest was organised in response to an appeal for help from the jailed men. From their prison cell in Malawi, Steven and Tiwonge sent a message to me in London, urging international pressure to secure their release.

“Tiwonge and Steven have been arrested, prosecuted and held in jail solely because of their sexual orientation. We want them released, all charges dropped and the repeal of Malawi’s anti-homosexuality laws. These laws violate the equality and non-discrimination provisions of Article 20 of the Malawian Constitution and Articles 2, 3 and 4 and the African Charter of Human and People’s Rights, which Malawi has signed and pledged to uphold,” added Mr Tatchell.

Read more »

GLBTIQ Issues Make Inroads at Commonwealth Summit

Source: IGLHRC

For the first time at a Commonwealth Heads of Government Meeting, at CHOGM in Trinidad & Tobago, there was significant representation of GLBTQ (gay/lesbian/bisexual/transgender/queer) activists among civil society participants, and a concerted effort to highlight issues of sexual citizenship and rights. A delegation of GLBTQ activists from Africa, Asia and the Caribbean participated actively in the thematic assembly discussions and drafting process in the November 22-25, 2009 Commonwealth People's Forum (CPF), a gathering of civil society organizations that meets in advance of, and sends a statement to, the Commonwealth Heads of Government Meeting. Working in partnership with gender, disabilities and other human rights advocates, they achieved visibility for a number of key concerns, and won inclusion of these issues in the broad civil society agenda for the Commonwealth.

The issues cut a wide swath: repealing laws criminalizing non-normative sexualities and gender expression; preventing and prosecuting bias-related murders and violence, including punitive rape of Lesbians; ending discrimination in accessing health services; creating safety in the school system from violence and bullying; addressing the need for support and resources for parents; and developing training and sensitization for a range of public servants and service providers. Both scheduled speakers and participants from the floor made moving contributions related to human rights violations on grounds of sexual orientation and gender identity in Commonwealth member countries. Especially powerful speeches came from Ashily Dior, a Transgender activist from Trinidad; Canadian Stephen Lewis, co-director of AIDS Free World and former UN Special Envoy on HIV in Africa; and Robert Carr, director of the Caribbean Vulnerable Communities Coalition. Together, contributors raised a comprehensive range of concerns in several of the assemblies, particularly those focused on Gender; Health, HIV and AIDS; and Human Rights.

The final Port of Spain Civil Society Statement to the Commonwealth Heads of Government Meeting includes language calling on "Commonwealth Member States and Institutions" to "recognize and protect the human rights of all individuals without discrimination on the grounds of…sexual orientation, gender identity and/or expression"; to "repeal legislation that leads to discrimination, such as the criminalisation of same sex sexual relationships"; and for "the Commonwealth Foundation to facilitate a technical review of such of laws". Further, it issues a call for "Commonwealth Member States to ensure universal access to basic" health "services for marginalised and vulnerable groups", including "sexual and gender minorities", and to "work to actively remove and prevent the establishment of legislation which undermines evidence-based effective HIV prevention, treatment and care available to marginalised and vulnerable groups, such as sexual minorities". Its Gender section includes a distinct item on "Transgenders, Gays and Lesbians" ("We call on Commonwealth Member States to include gender and sexuality as a specific theme on sexualities, sexual and gender minorities, related violence and discrimination, making them no longer invisible") and echoes the recognition in the human rights section "that gender equity implies equality for all and therefore issues related to non-normative sexualities, such as sexual and gender minorities".

The Statement also makes reference to proposed "Anti-Homosexuality" legislation introduced in the Parliament of Uganda, home of current CHOGM Chair President Yoweri Museveni. The legislation would require reporting of homosexuals, provide a sentence of life imprisonment for homosexual touching or sex, and the death penalty for "aggravated homosexuality", if the offender is HIV-positive. In remarks in more than one CPF assembly and in a special press conference, Lewis, Carr and a representative of the Caribbean HIV & AIDS Alliance, spoke out forcefully against the legislation, asking Museveni to take a clear position on it, and calling on others to condemn it. The Trinidad & Tobago Coalition Advocating for Inclusion of Sexual Orientation joined these voices, asking its own Prime Minister Patrick Manning, who will assume the chairmanship of CHOGM, and other CARICOM leaders, to do the same.

Eighty-six countries in the world currently have legislation criminalizing same-sex conduct between consenting adults as well as other non normative sexual and gender behaviours and identities; half of them are Commonwealth member states. Criminal provisions in these countries may target same sex sexual conduct, men who have sex with men specifically, or more generally any sexual behaviour considered "unnatural". Some countries criminalize other non normative behaviours, such as cross-dressing, or utilize criminal provisions on indecency or debauchery, among others, to target individuals on their real or perceived sexual orientation, gender identity and gender expression. These criminal provisions not only constitute a violation of civil and political rights in and of themselves because they violate key provisions established by international human rights law; they also have significant human rights implications, representing a serious risk for the exercise of other fundamental rights, such as the right to association, the right to assembly, and the right to expression, the right to health, the principle of non discrimination, to mention a few. Furthermore, the mere existence of these laws is in many countries is an avenue for other human rights violations by state and non-state actors.

We acknowledge and welcome the civil society consensus on the above mentioned issues, and call on Commonwealth member states, the Commonwealth Secretariat and the Commonwealth Foundation to implement the recommendations of the Commonwealth People's Forum.

You can access the Port of Spain Civil Society Statement to the Commonwealth Heads of Government Meeting 25 November at: http://www.commonwealthfoundation.com/governancedemocracy/CPF2009/NewPublicationsCPF/

* Alternative Law Forum (ALF) - India

* Center for Popular Education and Human Rights Ghana (CEPEHRG) - Ghana

* Coalition Advocating for Inclusion of Sexual Orientation (CAISO) - Trinidad & Tobago

* Gay and Lesbian coalition of Kenya (GALCK) - Kenya

* GrenCHAP – Grenada

* Jamaica Forum for Lesbians All-Sexuals and Gays – (J-FLAG) - Jamaica

* Knowledge and Rights with Young People through Safer Spaces (KRYSS) - Malaysia

* Lesbians and Gays Bisexuals Botswana (LEGABIBO) - Botswana

* People Like Us (PLU) - Singapore

* Society Against Sexual Orientation Discrimination (SASOD) – Guyana

* The Independent Project (TIP) - Nigeria

* United and Strong - St Lucia

* United Belize Advocacy Movement (UNIBAM) - Belize

* United Gays and Lesbians against AIDS Barbados (UGLAAB) – Barbados

* Global Rights

* International Gay and Lesbian Human Rights Commission (IGLHRC)

The HIV and AIDS and Law Reform Briefing - CHOGM2009
Speakers: Stephen Lewis, Director Aids Free World, Robert Carr, Director Caribbean Vulnerable Communities Coalition (CVC), and Basil Williams, Director, Alliance Caribbean.

Gordon Brown raises anti-gay laws with Ugandan president

Source: pinknews.co.uk

The prime minister has raised Uganda's controversial proposed laws on homosexuality with the country's president at the Commonwealth Heads of Government conference in Trinidad. Gordon Brown told Yoweri Museveni that he was opposed to laws that could result in the execution of gays.

A Downing Street source said: "The Foreign Office will be following the passage of the bill closely and we will continue to do everything we can privately and publically to prevent its passage . . . it has been raised in the strongest terms at the highest possible level today."

The bill, which had its first reading in Parliament last month,would mean death or life imprisonment for those convicted of homosexuality. Those found guilty of "promoting" homosexuality would also received harsh punishments.

The death penalty would be used against those found guilty of "aggravated homosexuality"- a sexual act where one person has HIV or AIDS.

Gay rights groups have urged Commonwealth leaders to throw Uganda out of the Commonwealth unless it drops the proposed law.

Earlier this week, Museveni said: "I hear European homosexuals are recruiting in Africa.
“We used to have very few homosexuals traditionally. They were not persecuted but were not encouraged either because it was clear that is not how God arranged things to be.”

"You should discourage your colleagues [who are gay] because God was not foolish to do the way he arranged.

"Mr and Mrs, but now you have to say Mr and Mr? What is that now?”

Earlier this month, the Foreign Office told PinkNews.co.uk: "The adoption of the bill could do serious damage to efforts to tackle HIV and its criminalisation of organisations that support homosexuality could, in theory, encompass most donor agencies and international NGOs.

"The UK, alongside our EU partners, has raised our concerns about the draft bill and LGBT rights more broadly with the government of Uganda, including with the prime minister and several other ministers, the Ugandan Human Rights Commission, and senior officials from the Ugandan Ministry of Foreign Affairs.

"We will continue to track the passage of the bill and to lobby against its introduction."

Although Brown's discussions with President Museveni have not been made public, his spokesperson said that he raised the issues and that the British government's view on this matter was clear.

Brown's position was echoed by Canada's prime minister Stephen Harper. His spokesman said: "If adopted, a bill further criminalising homosexuality would constitute a significant step backwards for the protection of human rights in Uganda."

Gay Ghanians to tell Commonwealth Heads of Government what they need

Image via Wikipedia

The Gay Ghana Online Community has been invited by the Royal Commonwealth Society, an international education charity based in London, to contribute with a paper to their project "the Commonwealth Conversation", a series of online consultations and discussions about what the Commonwealth is doing right and wrong or should or could be doing in the future; the results of which will be presented to the meeting of Commonwealth Heads of Government in Trinidad November 27-29.

Member 'Hitman61' drafted some issues which were for scrutiny and discussion by the members before submitting it to the organisers of the Society.

SUBMISSION TO THE COMMONWEALTH DISCUSSION FROM GAYGHANA.ORG


Background

The main stumbling blocks to the normalisation of homosexual behaviour in Ghana is its illegality and public opinion. British colonial law is still in effect and, although it does not mention homosexuality, it is usually applied to that behaviour. Criminal Code 1960- Chapter 6, Sexual Offences Article 105 reads as follows: Whoever is guilty of unnatural carnal knowledge— (a) of any person without his consent, is guilty of first degree felony; (b) of any person with his consent, or of any animal, is guilty of a misdemeanour The explicitly biblical terms of the law – “unnatural carnal knowledge” - also highlights the negative role of the Ghanaian form of Christianity.

Decriminalisation

We believe that a change in the law is the key which will allow further development. In reality, the law is rarely used but if the status quo was threatened it surely would be. Presently, it mainly serves as a symbolic condemnation and keeps people underground and fearful of the consequences if challenges were made.

Ostracism

The state does not intervene in every aspect of the lives of its citizens in the same way as in Europe. Where there are laws they are not always enforced. Strong public opinion plays the main role in maintaining norms. Public opinion is the first barrier that people who have same-sex relationships have to deal with. Public opinion uses a series of themes to back up its misinformed opinion – culture, religion and a misunderstanding of biology. The ultimate sanction is ostracism. When your family and community is often your only means of support, this is a serious affair. However, in big cities such as Accra this system is starting to break down. As in other countries, women who engage in homosexual activity are considered non-existent.
Areas for Intervention

If the commonwealth was to have a role in intervening in this issue it could play a number of supporting roles. The following categories play an important role in the public discourse around this issue and the commonwealth could intervene in each of these areas:

Culture

This includes the self-denial that homosexual behaviour has ever been a part of traditional Ghanaian culture. Following this logic, if homosexuality was not part of Ghanaian culture it must have been imported.

Religion

A fundamentalist, literal interpretation of Christianity has led to the idea that homosexuality is a sin and could also be caused by possession of evil spirits. Stemming from this is the idea that homosexual behaviour is against the natural order, is physically dangerous and a psychological disorder. There is also the negative role of American fundamentalist Christianity that is being imported into Ghana and is supporting these views.

The need for education

The general public has no information or understanding about this issue. This is because their mis-information comes from the media and pastors. We therefore propose that the following groups should be worked with in order to inform them of the issues:

1. Journalists and broadcasters
2. Pastors
3. Judges
4. Government ministers
5. Police and army
6. Teachers and university lecturers
7. Doctors and nurses

Roadmaps

We also propose the following roadmap strategies:

1 A study to show how Commonwealth countries can improve the rights of people - men and women - involved in homosexual activity.

* It should focus on those Commonwealth countries which have worked to protect their human rights over the last 10 years.

* The roadmap may suggest Commonwealth support to fund legal challenges in the courts, where discriminatory and oppressive laws remain in force.

2 To showcase the model laws in Commonwealth countries that have removed all forms of discrimination and introduced legal recognition of the rights of their citizens regardless of sexual behaviour.

3 To produce a human rights track record of each Commonwealth country over the last 10 years showing how its human rights have improved.

* A league table should be prepared ranking the best to worst records.

Benchmarking

The table should serve as the basis for ethical investors who wish to reward Commonwealth countries that respect the rights of their LGBT citizens.

Potential Problems

The visible face of gay in Ghana is the effeminate homosexual which threatens the notion of family, tradition and masculinity in its challenge to social normality. As the only visible model this can also be problematic although should not be stigmatised by us.

With the commonwealth becoming involved, there is a danger that the opposition will see (in their eyes) another attempt to import homosexuality.

There is also the danger of imposing a Western view of (homo)sexuality. The North American model of homosexuality is persuasive as it is the most vocal and visible and helps when applying for funding. Ghanaians, however, should also be challenged by the Institute to develop models according to their local culture and not simply mimic the language and identity politics of the West.