The EU's top court has ruled that homosexuals from
Sierra Leone, Uganda and Senegal who fear imprisonment in their home
country have grounds for asylum in EU member states.
The Netherlands had asked the court for advice about three gay citizens of those countries seeking asylum.
The European Court of Justice (ECJ) says asylum
can be granted in cases where people are actually jailed for
homosexuality in their home country.
Homosexual acts are illegal in most African countries, including key Western allies such as Uganda, Nigeria, Kenya and Botswana.
In June a report by Amnesty International said
homophobic attacks had reached dangerous levels in sub-Saharan Africa
and must stop.
The ECJ judgment on Thursday was a response to the
Dutch Council of State, a top advisory body, which had asked whether
homosexuals could be considered a "particular social group" and whether
criminalisation and possible imprisonment amounted to persecution.
The ECJ says laws specifically targeting homosexuals do make them a separate group.
But it is up to the national authorities - in this
case the Netherlands - to determine "whether, in the applicant's
country of origin, the term of imprisonment... is applied in practice".
The mere existence of a ban on homosexuality is not grounds in itself for approving an asylum request, the ECJ ruled.
Under international law a particular social group
with a well-founded fear of persecution can claim refugee status if the
persecution amounts to a severe violation of human rights.
SOURCE: AFRICA REVIEW
SOURCE: AFRICA REVIEW
