The British Commonwealth was first formed in 1931,
after a 1926 conference that passed the second Balfour declaration.
The first such declaration having been made in 1917.
In 1926, including Britain, The Commonwealth
was defined as being six or seven countries.
The Irish Free State left it in 1949, never to return.
Nowadays the number of commonwealth coutries
and former commonwealth countries is 57, combined.
Of those 24 have rescinded or updated the laws
that were written in the days of empire, to make consent
the basis of all modern law about same sex sexual activity.
The 24 are Australia, Bahamas, Belize, Botswana, Canada, Cyprus, Dominica, Fiji, India, Lesotho, Malta, Mauritius, Mozambique, Nauru, New Zealand, Palau, Rwanda, St Kitts and Nevis, Samoa, Seychelles, Singapore, South Africa, Trinidad and Tobago (subject to appeals) and the United Kingdom.
The other 33 British Commonwealth countries retain homophobic laws that originated from the days of Empire. Their disinterest extends to obscuring the difference between homophobic and non-homophobic law, and in obscuring the nature of the case law rhat follows. So it is hard to distinguish homphobic case law and non-homophobic case law, and the decisions that follow from it.
They are Antagua and Barbuda, Bangladesh, Barbados, Brunei, Cameroon, Eswatini, Gabon, Gambia, Ghana, Grenada, Guyana, Jamaica, Kenya, Kirfibati, Malawi, Malaysia, Maldives, Namibia, Nigeria, Pakistan, Papua New Guinea, Saint Lucia, Saint Vincent and the Grenadines, Sierra Leone, Solomon Islands, Sri Lanka, Tanzania, Togo, Tonga, Tuvalu, Uganda, Vanatu, and Zambia.
The wave of recent recinding of colonial era anti-gay law started with the Nauru, Belise, and the Secchelles in 2016. Trinadad and India followed in 2018. Next Botswana overturned colonial era anti-gay laws in 2019. In 2022 St Kitts and Nevis, Antigua and Barbuda, Barbados, Singapore overturned their colonial era anti-gay laws. In 2023 Mauritious overturned some of its anti-gay laws. The present focus on overturning colonial era anti-gay laws is focused on an appeal held in Britsh courts over colonial 'anti-sodomy laws' in Trinidad and Tobago. For much more about the advance in civil liberties please left click here.
It is odd how new American money is buying into 500 year old British colonial law. Many Commonwealth countries are now little more than tax havens to the people who don't live there. This might explain how American homophobes with money are attracted to this now weak institution. If that is the draw, how do we dismantle that attraction?
