Homosexual Africans Have Grounds to Ask for Asylum in the EU – Top Court

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 addressed court asking whether three gay citizens of those countries seeking asylum have the right for it.

The European Court of Justice (ECJ) stated on November 7, 2013, Thursday that asylum can be granted in cases where people are actually jailed for homosexuality in their home country.

The ECJ said 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”.

It would be noted that ECJ rulings apply to all EU members.

Homosexual acts are illegal in most African countries, including ‘key players’, such as Nigeria, Kenya, Uganda, Botswana and others (see the map below).

In June a report by Amnesty International said homophobic attacks had reached dangerous levels in sub-Saharan Africa and must stop. 

BBC News