A lot of people who have always wanted to move to Europe may soon migrate as there are indications that the EU may start granting asylum to African homos*xuals who can’t openly declare their s*xuality due to laws against same-s*x relationships in the continent, with many saying, even straight people could go as far as changing their s*xuality or ‘faking’ it in order to be assured of asylum in Europe.
The European Union’s highest court has ruled that the fear of imprisonment for homos*xuality in African countries is grounds for asylum in the EU.
The ruling follows a request for advice from The Netherlands about three gay refugees seeking asylum from Uganda, Sierra Leone and Senegal.
According to the European Court of Justice (ECJ) the existence of laws that could lead to the imprisonment of homos*xuals, “may constitute an act of persecution per se” if they are routinely enforced.
The Luxembourg-based court stated that it was unreasonable to expect gay people to hide their s*xuality in their home countries in order to avoid persecution.
According to the court, concealing their s*xuality would amount to renouncing a “characteristic fundamental to a person’s identity”.
In the case of the three men seeking asylum in The Netherlands the application was initially denied on the grounds that the men could “exercise restraint” to avoid persecution. The Dutch Council of State, an advisory body to the government, subsequently took the case to the ECJ for a ruling.
However, it’s up to authorities in sovereign countries to decide if, “in the applicant’s country of origin, the term of imprisonment…is applied in practice”.
The ECJ says a ban on homos*xual acts alone is not grounds to grant asylum.
International law says that a social group with a well-founded fear of persecution can claim asylum status if the persecution amounts to severe violation of human rights.