Commonwealth and Commonwealth Charter

Lord Watson of Invergowrie Excerpts

Thursday 7th March 2013 Lords Chamber

[Lord Watson of Invergowrie]

My Lords, the Commonwealth is a force for good in many ways and I welcome the charter. It gives the organisation, for the first time in its 64-year history, a single document setting out its core values. Yet the Declaration of Commonwealth Principles from 1971 includes this:

“We believe in the liberty of the individual, in equal rights for all citizens regardless of race, colour, creed or political belief, and in their inalienable right to participate by means of free and democratic political processes in framing the society in which they live. We therefore strive to promote in each of our countries those representative institutions and guarantees for personal freedom under the law that are our common heritage”.

However, the Foreign Affairs Committee report, published last November, stated in paragraph 22:

“Several of those we met in Commonwealth countries called for Commonwealth institutions to set out a more vigorous human rights agenda, and to be effective and influential in pursuing it among its members”.

It went on to say in paragraph 25:

“On certain human rights issues, the record of many Commonwealth countries is out of step with much of the developed world … The FCO’s 2011 report on human rights and other sources have recorded intolerance of homosexuality in a number of Commonwealth countries … and the FCO reported that it had recently found it necessary to raise concerns about the possible criminalisation of same-sex marriage in Nigeria and the human rights of homosexual people in Cameroon”.

The language used was guarded and the report gave no suggestion that the Committee had pursued this fundamental issue of human rights any further, but at least it mentioned homosexual repression, unlike the Government’s response to the Foreign Affairs Committee’s report, which did not mention it at all. That is a matter of great regret, because the attitudes and policies of many Commonwealth Governments are shocking. I argue they require urgently to be dragged into the 20th century, never mind the 21st. Article II of the newly signed charter states:

“We are implacably opposed to all forms of discrimination, whether rooted in gender, race, colour, creed, political belief or other grounds”,

as other noble Lords have already referred to. The “other grounds” are not specified but they clearly include lesbian, gay, bisexual and transgender people, even though consensus could not be achieved for spelling that out in the charter. Of course, that serves merely to highlight the bigotry and discrimination that is rampant among so many of the Commonwealth’s member countries, a disgrace that should give every Member of this House pause for thought.

Indeed, the level of homophobic persecution in the Commonwealth beggars belief. More than 40 Commonwealth countries—80% of the total—currently criminalise homosexuality, mostly as a result of laws imposed by Britain during the colonial era that were not repealed when these nations won their independence. For example, penalties for homosexuality include 25 years in jail in Trinidad and Tobago, and 20 years plus flogging in Malaysia. Several Commonwealth countries stipulate life imprisonment for sex between men: Bangladesh, Guyana, Pakistan, Sierra Leone, Tanzania and Uganda. There are currently, or have been, severe homophobic witch-hunts in several other Commonwealth countries including Cameroon, Ghana, Malawi, Nigeria, the Gambia, Uganda and Zimbabwe.

The Government have already expressed concern about the anti-gay Bill that is currently in front of the Nigerian Parliament. Nigeria already has extremely tough anti-gay legislation that designates up to 14 years in jail for men who have sex with men. In the north of the country, where Sharia law prevails, gay and bisexual men can face the death penalty.

Enough is enough: it is time the Commonwealth took a stand against such barbaric behaviour. There are four policies that I believe Her Majesty’s Government should urge all Commonwealth member states to agree to enact: first, the immediate decriminalisation of homosexuality; secondly, the introduction of laws prohibiting discrimination based on sexual orientation and gender identity; thirdly, the introduction and/or enforcement of legislation against threats and violence, to protect lesbian, gay, bisexual and transgender people from hate crimes; and fourthly, the offer of consultation and dialogue with lesbian, gay, bisexual and transgender organisations.

Until such steps are instigated, the reputation of the Commonwealth as a body that seeks to uphold and advance human rights throughout its membership will remain indelibly tarnished. Indeed, until such steps are instigated, I believe that the Commonwealth is not an organisation that deserves to be taken seriously in that area of its work, which is a statement that I make as much in sorrow as in anger.