Homosexuality is illegal in 41 out of the 53 Commonwealth countries, a report released on Monday reveals.

Despite this, the forthcoming Commonwealth heads of government meeting (Chogm) in Sri Lanka has elected not to discuss the issue of anti-gay discrimination.

Commissioned by the Kaleidoscope Human Rights Foundation and compiled by LGBT activists throughout the Commonwealth, the report calls for Commonwealth countries to repeal anti-gay legislation, with an immediate moratorium on enforcement.

“If you look at the world as a whole, around about 40% of nations have state-sponsored homophobia,” said Kaleidoscope’s spokesman, Douglas Pretsell.

“Half of those – about 54% – are in the Commonwealth. If you look at the rest of the world not inside the Commonwealth, it’s only 24.5% – so the Commonwealth has a big problem.

“These are laws that make it illegal to be gay.”

Pretsell said the anti-gay laws were hangover from British colonial rule. It exported laws – including those outlawing sodomy – to Commonwealth countries, where they persist backed by the prevalence of strong religious views among the populations.

“It’s worth noting that in the vast majority of these countries, the laws sit there and they’re completely unused, so no one is ever prosecuted. But [the laws’ existence are] used as a way to intimidate and harass.”

Australia did not completely decriminalise homosexuality until 1997 after a legal case was brought to the UN. From 2007-13 all forms of legislated discrimination were removed from Australian law.

“Faith organisations continue to play a big role in the provision of services,” the report says.

“Although anti-discrimination legislation ensures that faith-run aged-care facilities do not discriminate, there are exemptions for faith-run schools, hospitals, clinics, employment agencies and businesses.”

Pretsell expressed concern that the issue will not be on Chogm’s agenda. The meeting takes on 15-17 November.

“It is not to be talked about at all. In fact Sri Lanka has gone out of its way to refuse visas to any lesbian or gay group, to ban their own activists in the country, and the agenda has absolutely nothing focused on this.”

Patron of the foundation, and former high court justice, Michael Kirby is “not convinced” the topic will be off the agenda.

Kirby told Guardian Australia that he believes some heads of government will put it on the table.

“I’m pretty confident there will be discussion about it, both in the general sessions of Chogm and the margins -in private discussions between the leaders,” he said.

“This is a big problem for the Commonwealth and it has to be addressed.”

“Not only are [the laws] contrary to human rights, they are also a serious impediment of a successful strategy against the HIV epidemic.”

The report is littered with stories of violence and discrimination in Commonwealth countries. According to the one testimony, the movement for change in Belize has come at a cost for a man who started it.

“As the only claimant in the current constitutional challenge case, I have lost two teeth, had my family property invaded and car damaged by two masked men in the week of the supreme court hearings in May of this year,” writes Caleb Orozco, executive director of the United Belize Advocacy Movement.

“I have had stones thrown at me, experienced simulated gunshots, insults and physical harm on public transportation, threats that speak to, ‘Caleb, you have no right to breathe!’”

The Commonwealth charter does not specifically enshrine protection of people based on their sexual orientation. “We are implacably opposed to all forms of discrimination, whether rooted in gender, race, colour, creed, political belief or other grounds,” it reads.

It does however enforce a commitment to the UN declaration of human rights.

Pretsell would like to see Australia make bilateral agreements with regional neighbours to remove discriminatory laws.

“Before the last election we worked on getting a pledge from each of the political parties that they would support LGBTI rights in their bilateral and multilateral relations in foreign policy. We got the Greens to sign up, we got Labor to sign up and we got individual Liberals to sign up.”

Pretsell said Kaleidoscope had sent the report to the foreign minister, Julie Bishop, and the prime minister, Tony Abbott.

“I received a response from Julie Bishop, but we have quite a cordial relationship, so I was expecting that,” he said.

“Obviously Tony Abbott’s office is busier than Julie Bishop’s, so I’ve not received a reply from that. But we sent a letter specifically to him to ask him to ensure that 2015 Chogm has these matters brought to the table again.”

The offices of the foreign minister and the prime minister have been contacted for comment.

Britain’s shadow foreign secretary, Douglas Alexander, singled out the host nation’s stance on gay rights, the Press Association reported.

“Today’s report from the Kaleidoscope Trust highlights the ongoing concern about human rights – and in particular the rights of the LGBT community – within Sri Lanka,” Alexander said.

“New allegations in this report of abuses and intimidation of LGBT citizens are a further warning that President Rajapaksa’s government has not made the progress ahead of this Commonwealth summit that we all wanted to see.

“As David Cameron departs for this week’s Commonwealth summit, the evidence that Sri Lanka is heading in the wrong direction is mounting, which is why Labour has called on the prime minister to use what leverage he has in the run up to the summit to pressure the Sri Lankan government to change their approach on human rights.”

A Downing Street spokeswoman said: “The prime minister and foreign secretary will make clear their concerns about the human rights situation in Sri Lanka when they visit Colombo this week.

“The Commonwealth Charter, agreed by all Commonwealth members, explicitly states that we are opposed to all forms of discrimination and it is important that all members live up these values. That is the message that we will be taking to the summit.”

http://www.theguardian.com/world/2013/nov/10/homosexuality-illegal-in-41-out-of-53-commonwealth-countries-report?CMP=ema_632