EU rules that gay Africans are entitled to asylum

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The fear of imprisonment for homosexuality in African countries is grounds for asylum in the European Union, Europe's highest court has ruled.

According to the European Court of Justice, a gay refugee from a country where people are jailed for being homosexual does qualify as a persecuted group eligible for asylum.

The court's ruling concerned three homosexual men from Sierra Leone, Uganda and Senegal who had sought asylum in Holland, but is binding for all EU countries, including Britain.

"Homosexual acts are a criminal offence in those three countries and may lead to serious punishment, from heavy fines to life imprisonment in certain cases," the ECJ ruled.

"A term of imprisonment which accompanies a legislative provision which punishes homosexual acts may constitute an act of persecution per se, provided that it is actually applied."

Written By: Bruno Waterfield
continue to source article at telegraph.co.uk

13 COMMENTS

  1. That’s great but doesn’t “provided that it is actually applied” mean these people have to be put through painful court procedures in their own countries and then go through another stressful process here too? I can understand that the courts need to see clear examples of persecution but we cannot ignore the fact that by the time all this red tape is dealt with, these people’s lives will be impacted on a HUGE and irreversible level.

    What are the mechanisms in place to ensure that the EU courts run smoothly and swiftly enough to ensure that the least amount of time is spent in prison?

    Having said that, any progress in this direction is definitely the right sort.

    • In reply to #3 by JanYavuz:

      That’s great but doesn’t “provided that it is actually applied” mean these people have to be put through painful court procedures in their own countries and then go through another stressful process here too? I can understand that the courts need to see clear examples of persecution but we cannot ig…

      It appears to mean asking the question ” Are gay people actually in prison in that country or has it never come to that?”. If people are actually being imprisoned then they are at risk, if the law has never been enacted then it could be argued that they are not at risk.

      Just living in an anti-gay country where being open is unpopular may not be enough. This may be a tough decision but can Europe take in every gay African?

    • In reply to #4 by Net:

      i wonder how long it will be before there’ll be a whole lot of people claiming to be gay – how would it be tested? :)

      scary thought. the backlash among less tolerant europeans would lead to a whole new type of bigotry

    • Next year, following another Dutch case, the EU courts are expected to rule on a much more difficult matter: how national asylum authorities should verify a person’s claim that they are homosexual.

      They could do what the Royal Canadian Mounted Police tried in the 1960s in an attempt to eliminate homosexuals from the military, police and civil service. The rationale was that gay employees might be subject to blackmail because of their sexuality and hand over government secrets to avoid being exposed and lose their job, so best to nip it in the bud and not hire them in the first place. Makes sense… as long as you don’t think about it for more than about five seconds.

      When the Canadian Government Used “Gay Detectors” to Try to Get Rid of Homosexual Government Employees

      …The Fruit Machine primarily used the “pupil area response test” as an indicator of a person’s sexual orientation, as well as perspiration levels and pulse rate. While undergoing the test, the subject would sit in a dentist-style chair. They’d then be shown various images, some completely mundane, while others depicted naked or semi-naked photos of women and men. If the subject’s pupils dilated when being shown erotic photos of people of the same gender, s/he was assumed to be homosexual.

      Besides the “science” behind the machine being completely flawed, there were other problems as well. For instance, each photograph changed the amount of light hitting the person’s eyes. If the difference from one slide to another was large enough, this obviously would change the subject’s pupil dilation, but was not accounted for in the results.

      The Fruit Machine was not a stand alone test, but many of the other methods used were just as ridiculous. For instance, another test run by the RCMP included monitoring subjects’ physiological responses to specific words such as queer, gay, drag and even bar.

      As you might expect, once word got out that the Fruit Machine test was attempting to determine if you were gay or not, rather than a stress testing machine as people were initially told, getting people to take the test became nearly impossible. That, along with numerous mechanical failures with the machine itself, soon got funding for that particular part of the program cut off and the RCMP’s dream of having a gaydar to screen all Public Employees with was put on hold, though that didn’t stop them from continuing their work trying to root out “dangerous” homosexuals from the Canadian payroll.

      Not to be deterred, the RCMP eventually started using a new type of machine, this one, a type of plethysmograph that measured blood flow to genitals while the subject is shown various images. While not nearly as scientifically flawed as the Fruit Machine, this one also, as you might expect, doesn’t give terribly accurate results on the whole and eventually the program for trying to root out homosexuals was abandoned by the Canadian government, but not before at least 400 people lost their jobs after being accused of being gay (with some estimates being significantly higher).

  2. Perhaps it could be intimated to the victims that as another and perhaps the most precious benefit of their asylum they are now entirely free to renounce the superstitions from whence arose their persecution.

    • In reply to #5 by godsbuster:

      Perhaps it could be intimated to the victims that as another and perhaps the most precious benefit of their asylum they are now entirely free to renounce the superstitions from whence arose their persecution.

      I wouldn’t be too confident of that happening….just a feeling.

  3. One of the advantages of gay immigrants is they won’t have children and overpopulate.

    C Street Americans and the west in general sold the Africans on the notion gays made good scapegoats. This is a step in the opposite direction

  4. Gay people in Britain were once persecuted and imprisoned but those brave enough to fight for their rights changed this. Giving asylum will not help the millions unable to flee or help future generations. The priority should be to educate and fight for rights not giving asylum. Apartheid was abolished because those being persecuted stood up for their rights with many countries backing their plight, this should be the same in Aftica for gay people. If Africans end up in some European countries their sexuality could cause almost as many problems as it does in their own country.

  5. OK, but given that Europe’s highest court (which incidentally governs 47 member states of the Council of Europe, some 800 million people, and not just the 28 EU member states) considers that these countries infringe basic human rights, perhaps the court should also be empowered to order that until these cesspits sort themselves out, none of those 47 states should favour them with any aid, or trade, or freedom of travel, or enable their kleptocratic dictators to put their funds in offshore bank accounts.

  6. How are you Euros going to afford supporting a large portion of the third world? I mean, you are currently, many or most are on welfare already. At what point does it cease before your countries go broke?

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