LGBT rights in the Commonwealth of Nations

The majority of the countries of the Commonwealth of Nations, formerly known as the British Commonwealth, still criminalise sexual acts between consenting adults of the same sex and other forms of sexual orientation, gender identity and expression. Homosexual activity remains a criminal offence in 29^{[note 1]} of the 56 sovereign states of the Commonwealth; and legal in only 26.

This has been described as being the result of "the major historical influence" or legacy of the British Empire. In most cases, it was former colonial administrators that established anti-gay legislation or sodomy acts during the 19th century and even earlier. The majority of countries have retained these laws following independence.^[1][2] Due to the common origin of historical penal codes in many former British colonies, the prohibition of homosexual acts, specifically anal sex between men, is provided for in Section 377 in the penal codes of 42 former British colonies, many of whom are today members of the Commonwealth.^[3]

The penalties for private, consensual sexual conduct between same sex adults remain harsh in a number of Commonwealth countries. They include 10 years' imprisonment and hard labour in Jamaica, 14 years in Kenya, and 20 years plus flogging in Malaysia. A cluster of member states have a maximum sentence of life imprisonment: Bangladesh, Guyana, Pakistan, Sierra Leone, Tanzania and Uganda. Meanwhile, Brunei and Northern Nigeria^{[note 2]} have a maximum penalty for male homosexuality of death. In some countries such as Cameroon, arrests and imprisonment for acts that indicate homosexuality are frequently reported. In Uganda and Nigeria, recent legislative proposals would significantly increase the penalties for homosexuality.^[4]

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