Every year, millions of people across the Commonwealth suffer physical, sexual and psychological abuse and violence on account of their real or perceived sexual orientation, gender identity or expression. This report outlines the nature and extent of anti-LGBT hate crime and its impact on individuals and societies in the Commonwealth, explores trends across the Commonwealth and surveys regional and country-specific case examples.
Every year, millions of people across the Commonwealth suffer physical, sexual and psychological abuse and violence on account of their real or perceived sexual orientation, gender identity or expression (HRC, 2018: 19). Some common examples include murders, mutilation and torture, physical and sexual assaults, threats of violence, arson, and malicious destruction of property. Criminal offences that are motivated by, or which demonstrate, hate or prejudice towards the victim based on the victim’s perceived sexual orientation, gender identity or expression are called ‘hate crimes’. They are frequently perpetrated by state and non-state actors, and have been characterised as both a local and global phenomenon that occurs at home, in educational institutions, in public, online, as well as in national and even international contexts (HRC, 2018).
Studies have consistently demonstrated that, compared to the general population, LGBT people are more likely to suffer violence in their lifetime due to their non-conformity with established gender and sexuality norms (Blondeel et al., 2017). Many LGBT people continue to report that they live with a heightened risk of imminent physical and sexual violence, which harms their mental and physical health and society as a whole (Blondeel et al., 2017). In recent years, data have emerged that reveal a concerning pattern of hate crime perpetrated against LGBT people across the Commonwealth that is largely unreported, and which is often committed by state and non-state actors with impunity. This report highlights the need for a coordinated response to tackle the problem and its root causes. At the supranational level, the UN Human Rights Council has passed a resolution expressing grave concern about violence and discrimination based on sexual orientation and gender identity. A similar resolution was adopted by the African Commission on Human and Peoples’ Rights (ACHPR) in 2014, urging African states, including Commonwealth members, to end all acts of violence based on real or perceived sexual orientation and gender identity, and to properly investigate and prosecute perpetrators. In 2016, the UN designated an Independent Expert on Sexual Orientation and Gender Identity (‘the Independent Expert’) with the mandate of assessing the implementation by states of existing international human rights instruments so as to overcome violence and discrimination against LGBT people, among other duties.
Some Commonwealth countries have also sought to tackle this growing human rights issue by enacting specific hate crime legislation. Hate crime legislation, when backed by policy guidance and training, can make a dramatic difference to how criminal justice systems tackle hate crimes against LGBT people (Schweppe et al., 2018). It is most effective when combined with broader equality for LGBT people across all forms of law, including by decriminalising consensual same-sex sexual acts and enacting anti-discrimination laws, but can nonetheless provide enhanced protections even where this is not the case (HDT, 2019a). Importantly, hate crime legislation is now a key part of many states’ toolkit in challenging violent prejudice in society.
Section 1 outlines the methodology and approach of this report, and sets out the legal and social context in which hate crimes are committed against LGBT people.
Section 2 assesses the extent and nature of anti-LGBT hate crimes, exploring trends across the Commonwealth and surveying regional and country-specific case examples. Information on the perpetrators of anti-LGBT victimisation is also outlined.
Section 3 examines the impacts that anti-LGBT hate crimes have on individuals, communities and society. Commonalities and differences in experiences across different sectors of LGBT communities are described.
Section 4 of the report concludes with recommendations on how Commonwealth states should legislate against anti-LGBT hate crime, and why statutory agencies must implement monitoring tools to ensure that anti-LGBT victimisation becomes visible and is measured.