In Sudan, being homosexual is not only illegal, but also punishable by death. Sudan is not alone; homosexuality is still classified as illegal in 79 other countries. In these countries, women and men can suffer lengthy imprisonments and flogging for their sexuality.
In 1999 the UK recognised asylum claims based on sexual orientation and gender identity but still most homosexual asylum seekers are refused asylum and sent back to their home countries. Between 2005 and 2009, the Home Office refused 98% of all gay or lesbian asylum claims (Stonewall, 2010).
Often asylum seekers are denied refugee status on the basis that they could avoid persecution and abuse if they were ‘discrete’ and hid their sexual orientation. This disregarded individual freedom of expression and ignored the fact that often many asylum seekers had fled their homes after being recognised as homosexual and subsequently persecuted.
The Breakthrough
On 7th July 2010, the UK Supreme Court accepted the appeals of two homosexual men who had fled from Cameroon and Iraq due to persecution. This ruling reversed the initial asylum decisions that the two men could return to their respective countries and hide their sexuality. This was despite the case of the man from Cameroon who had been beaten by a mob after he was seen kissing a male partner. It was the appeals of these men that have changed the policy on gay and lesbian asylum cases.
“From today, asylum decisions will be considered under the new rules and the judgement gives an immediate legal basis for us to reframe our guidance for assessing claims based on sexuality, taking into account relevant country guidance and the merits of each individual case”.
Home Secretary Theresa May, 7th July, 2010
The UK Supreme Court ruled that the ‘discretion test’ did not recognise the human rights of homosexuals and that it breached the UN Convention on Refugees.
We are delighted both for the two men who have been granted asylum and for other gay and lesbian asylum seekers, who should now be given a fairer chance in the future. This decision was a result of the dedicated and determined campaigning by groups such as the UK Lesbian & Gay Immigration Group (UKLGIG)
Many asylum seekers are not as fortunate and how you can help
Many asylum seekers continue to be wrongly refused and are often returned to their home country. In 2009 alone, 19,005 asylum seekers and their dependents were forcibly removed from the UK (BID). We must continue to highlight these issues to ensure that these great achievements are upheld in new cases.
Campaigning has proven successful for improving the legal treatment of homosexual asylum seekers in the UK. Undoubtedly through campaigning and awareness-raising we can ensure that every individual claiming asylum, whether fleeing from persecution in a war-torn country or because of their sexual orientation receives a fair and thorough chance at asylum.
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