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Last year, following the Commonwealth Heads of Government Meeting (CHOGM) that took place in Samoa the previous month, Kaleidoscope Trust hosted a panel discussion with the High Commission of Malta. Throughout the event, we heard thoughtful insights from our CEO, Alex Farrow; His Excellency Emmanuel Mallia, the British High Commissioner for Malta; Dr. Anne Gallagher, the Director General of the Commonwealth Foundation; and Sneh Aurora from the Commonwealth Human Rights Initiative.
His Excellency Emmanuel Mallia opened the event with a story of hope from Malta. High Commissioner Mallia recalled when he stood as an MP in Malta’s Parliament many years after independence, he noted how despite how much the country has grown, it resisted progression in terms of the acceptance of sexual orientation and gender identity. Then when the Maltese gay movement presented its first petition to the government – signed by 1000 people – asked for the legal recognition and protection of LGBTI+ people into law, they were met with great protest and the Arch Bishop preaching that homosexuality was a grave sin. However, the movement continued. And in April 2014 same-sex civil union was legally recognised in Malta, and same-sex marriage in September 2017. Today, Malta has placed first on the ILGA Rainbow Europe Index for the 9th consecutive year. From a topic that was once completely taboo, Malta now recognizes the right of same-sex couples to openly love, marry, and adopt children together.. His Excellency concluded by stating that the message is clear, what has happened in Malta can happen in other states across the commonwealth. The story of Malta teaches us never to give up, and to continue fighting for our rights.
Alex Farrow continued this message of hope by recognising the governments that are standing alongside of us in this fight and highlighting the progress made in decriminalisation in recent years from Mauritius, Botswana, Barbados, and Namibia. These states serve as evidence across the globe that when we fight, we can win. When we invest in civil society, when we put political pressure on we can make change not just in law but in lives.
However, Alex also shared the sobering reality that 29 countries in the commonwealth continue to criminalise being LGBTI+ with punishments ranging from fines, to imprisonment, to death. The state of the movement is becoming increasingly precarious as we await the Supreme Court ruling in Ghana and see troubling progressions in Vanuatu and across the Pacific.
The change we want to accomplish – a free, safe, and equal world – is only possible through the collaboration of governments and civil society. The commonwealth provides a unique space for us to do this. Dr. Gallagher echoes this point by articulating how the Commonwealth is the only organisation that she has seen that has established, as one of its intergovernmental pillars, a body that is specifically devoted to bringing in the voice of civil society. Alex continued by sharing that how, from an LGBTI+ lens, CHOGM provides a unique opportunity and platform for activists from countries where being LGBTI+ is criminalised or the ability or organise as civil society in constrained, are able to be public about their experience and their demands.
Sneh Aurora and Dr. Gallagher both emphasised that this space for civil society is essential to the movement due to the perennial problem of human rights which is the gap between what countries say they are going to do, versus what happens in reality. Sneh argued that civil society’s publication of evidence and shadow reports is a crucial instrument for holding governments accountable by amplifying ground-level realities and monitoring the implementation and efficacy of policies.
An example of this tool is the CHOGM Shadow Report published by Kaleidoscope Trust that explores the state of LGBTI+ rights across the Commonwealth as well as how the commitments made by states are progressing. This is essential evidence that enables us to hold states accountable for the actions they are or are not taking.
Sneh concluded by reiterating the need for more evidence from civil society, more diverse voices, and more open discussions between states and civil society to address and overcome misconceptions and disagreements surrounding LGBTI+ issues. Only by acknowledging shortcomings, celebrating champions, and amplifying examples of good practice can we continue to drive change.
By Lily Jones, Public Affairs and Stakeholder Engagement Officer
The pressing LGBTI+ human rights challenges of our day can only be solved through collaboration, whether that be with grassroots or international human rights organisations, governments and funding bodies – and people that really care, like you.
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