Progress on Gay Asylum Issues & Africa Campaigns
Comment: One year on from gay asylum ruling, have things changed?
One year ago, the Supreme Court unanimously handed down a landmark decision in LGBT human rights.
It said that it was wrong that gays and lesbians fleeing persecution should be forced back because of the Home Office's argument that it was "reasonably tolerable” that they ‘behave discreetly'. This, the Home Office argued, would mean they'd avoid the persecution they had fled. The two cases they were considering were from the violently anti-gay Iranian theocracy and from the African country of Cameroon, where gays are arrested and imprisoned.
Lord Roger, who passed away last week, famously wrote in his comments about gays and lesbians' right to "live openly and freely”, comparing the example of a gay man's right in the UK to go to a Kylie concert, drink exotically coloured cocktails and talk about boys with their female mates to the rights of straight males.
Yet one year on from this major legal shift, many working to support LGBT asylum seekers believe that the situation for them is actually getting worse.
The Supreme Court's four new rules on how asylum claims should be judged start by asking if a claimant is gay – and it is this point on which many claims are floundering.
This is not always for lack of evidence. UK Border Agency (UKBA) rejection letters I have seen have dismissed up to twelve witness statements as well as other evidence. One woman pictured and named as lesbian in an infamous tabloid newspaper from a dangerous African country is still fighting to stay here.
Most fair-minded people would be amazed at UKBA attitudes to someone's ‘credibility' and the lengths some officers go to dismiss claims. The test officers are supposed to apply is "reasonable likelihood”.
Not all officers appear to have this approach. One lawyer, who has successfully won numerous LGBT asylum cases, told me it "depends of the case worker”. But others have "become hardened”, perhaps because the Supreme Court decision has led to more cases coming forward as it gave them hope of being judged fairly.
After the court decision, the UKBA said it would collect data on LGBT asylum but immigration minister Damien Green said earlier this year that this wouldn't happen because of "disproportionate cost”. So we have no hard facts on which to judge whether the promise made 13 months ago in the coalition government's agreement to stop removing LGBT asylum seekers "at proven risk of imprisonment, torture or execution” has been met.
Unfortunately, in May, Nick Clegg proudly claimed that his promise had been met. Yet all that has been done is one day's training for border agents, new written guidance and a session for immigration judges on who lesbians and gays are.
The government has refused to take LGBT cases out of ‘detained fast track', which is supposed to be for straightforward cases from ‘safe' countries, despite most LGBT ones not being simple and the places they are fleeing – like Uganda – not being safe. Last week, the government lost a test case for Jamaican lesbians where the Home Office lawyer made many of the same arguments on ‘discretion' it has been making for years.
As Jamaica is now legally not ‘safe' for lesbians, neither should be Ghana, Nigeria and Uganda. But don't expect Mr Green to change the rules without a fight.
Last week, Kenneth Clarke's department announced a change in how deportation cases are handled, moving them from the High Court to the Immigration Tribunal to ‘save money'. This will, I am told, disproportionately affect LGBT people.
When the UK Lesbian and Gay Immigration Group reviewed 50 cases last year, it found that all bar one was rejected by UKBA. This means border agents are disproportionately reliant on safeguards like review by the High Court because immigration judges "make mistakes”, a lawyer told me. Cases could end up back before the same judge who previously rejected someone or judges are, essentially, to be asked to rule that their mates got it wrong. The lawyer I spoke to believes this move is another marker of how things are getting worse for LGBT asylum seekers.
When Stonewall released its ‘No Going Back' report in May 2010, it made 21 recommendations because there are a wide range of issues which affect LGBT cases. These include being housed with homophobes or being "dispersed” to some remote town with no LGBT community. Only three have been acted on and we have no evidence – and neither does the government – that anything is actually improving.
According to the front line, the Supreme Court decision has had little impact and my feedback is that for an LGBT individual fleeing persecution, their chances of sanctuary here are more down to luck than design and, if anything, the indications are that they're getting worse.
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Lib Dem MP says Home Office appears ‘institutionally homophobic' on asylum
Pink News, 12 July 2011
A Liberal Democrat MP has accused the Home Office and the UK Border Agency of appearing "institutionally homophobic” in cases of gay asylum seekers.
Mike Hancock, the MP for Portsmouth South, wrote to immigration minister Damien Green on behalf of a gay Ugandan constituent who was due to be deported on Monday.
Robert Segwanyi, 33, says he was tortured and jailed in Uganda for being gay but an immigration judge ruled there was no evidence that he is gay and suffering post-traumatic stress disorder – in contrast to a psychiatrist's report.
His return to Uganda, a notoriously homophobic country, was deferred at the last minute.
In a letter to Mr Green dated July 11th, Mr Hancock wrote that he had "grave concerns … that this case shows that the UKBA and the Home Office are institutionally homophobic”.
Calling for a judicial review, he added: "There should be better consideration of this case so that [they] can demonstrate that [they are] not.”
The letter also cited a 2010 Stonewall report on gay asylum seekers, which said the UKBA was making "fundamental errors of judgement and presumption” in dealing with gay asylum seekers.
Last year, the Supreme Court ruled that gay asylum seekers could not be returned to homophobic countries on the basis that they can be "discreet” about their sexuality.
The coalition government has promised that gay asylum seekers who face a real risk of persecution will not be deported.
LGBT asylum campaigner Paul Canning told PinkNews.co.uk: "There is no question that these attitudes persist in the department – and in the judiciary. Clearly the message has not got through that these cases are now to be treated differently – meaning that LGBT people are at risk of being returned to unsafe countries like Uganda, breaking the government's promise.”
"I have seen the Home Office's Business Plan for the rest of this parliament – they have no plans to do anything more. This is a broken promise on LGBT asylum.”
PinkNews.co.uk is awaiting comment from the Home Office.
Mr Segwanyi, who is currently in Haslar Detention Centre, came to the UK in June 2010 after, he says, escaping prison in Uganda.
He applied for asylum shortly after arrival but was denied leave to stay in the UK and an immigration judge rejected his appeal
Jamaican lesbian allowed to stay in UK, judges rule
Diva Magazine, 6 July 2011
Immigration judges have ruled that a lesbian from Jamaica can stay in the UK because she risks persecution her homeland.
The woman, who cannot be identified, was originally refused residency by the Home Office.
At her appeal, which took place in London, she asked to stay on the basis she was "out" and could no longer conceal her sexuality.
According to the BBC, she told the tribunal that while in Jamaica a group of men had threatened to "convert" her - implying they would rape her.
So-called corrective rape is a common problem both there and in similar countries.
The woman, who is now based in the Midlands, also claimed she suffered clinical depression as a result of her home country's lacking tolerance towards gays and lesbians.
Her lawyers argued that if she returned to Jamaica she would be living as a single woman with no "heterosexual narrative" - and would therefore be exposed to continued risk.
Allowing her appeal, senior immigration Judges Gleeson and Spencer said that any return to discreet living would be because of her fear of persecution rather than "by reason of social pressures".
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Gay campaigners are changing Africa, new Comic Relief project says
Pink Paper, 4 July 2011
Contrary to what might be expected, gay people in Africa are actively challenging the status of LGBT rights across the continent – and winning.
Contrary to what might be expected, gay people in Africa are actively challenging the status of LGBT rights across the continent – and winning.
The news comes as part of a Comic Relief campaign called See Africa Differently, which challenges common assumptions people have about life there. We report on the story exclusively.
In an exclusive blog for the official site, Reverend Rowland Jide Macauley – the founding Pastor of the House of Rainbow Fellowship in Nigeria – says that queer politics is both progressing and influencing.
"The good news from Africa is that lesbian, gay, bisexual, trans and intersex communities are heroically challenging their governments to protect their human rights and dignity under the law," he says.
"The challenges to achieving gay equality in Africa have been well documented – especially in countries like Uganda at the moment. But we shouldn't allow this to overshadow the fight-back, the progress and the good news: all over the continent there is growing resistance to homophobia and transphobia.
"The more inclusive constitution of South Africa, for example, is a beacon of hope for same-sex loving Africans. Did you know that South Africa became the second country in the world outside of Europe to legalise same-sex marriage in 2006? Showing that African countries can be world-leaders when it comes to legal equality for lesbian and gay people."
He also adds that in places such as Ghana, Zimbabwe, South Africa and Malawi, LGBTI human rights groups are ever more visible. And across North Africa, campaigning groups are linking up with each other to question discrimination and inequalities based on tradition and religious interpretations.
"Africa may have some way to go, but it is moving. And with courage," he says.
The comments come just days after London hosted Pride 2011 – and was timed deliberately. A spokesperson for the project told PinkPaper.com: "Pride season is upon us – and we think it's high time to recognise the under-reported progress Africa is making towards lesbian, gay, bi and trans equality."
Africa is the world's second-largest and second most-populous continent, after Asia.
Please click to see original article here
Visit the See Africa Differently site here
http://www.seeafricadifferently.com/
Gay equality in Africa: Moving with courage
Guest blog from Reverend Rowland Jide Macaulay www.seeafricadifferently.com
Pride season is upon us – and we think it's high time to recognise the under-reported progress Africa is making towards lesbian, gay, bi and trans equality...
"The good news from Africa is that lesbian, gay, bisexual, trans and intersex (LGBTI) communities are heroically challenging their governments to protect their human rights and dignity under the law.
The challenges to achieving gay equality in Africa have been well documented – especially in countries like
Uganda at the moment. But we shouldn't allow this to overshadow the fight-back, the progress and the good news: All over the continent there is growing resistance to homophobia and transphobia.
The more inclusive constitution of South Africa, for example, is a beacon of hope for same-sex loving Africans. Did you know that South Africa became the second country in the world outside of Europe to legalise same-sex marriage in 2006? Showing that African countries can be world-leaders when it comes to legal equality for lesbian and gay people.
LGBTI Africans are fighting for equality. IDAHO, the International Day Against Homophobia, has become a significant event in many African countries: South Africa, Botswana, Ghana, Nigeria, Kenya to mention a few. It promotes public discussion on LGBTI issues and makes us visible. Kenya recently welcomed both a new Chief Justice and Deputy Chief Justice who stated their support for LGBTI rights before their appointment. We're proud of the Kenyan LGBTI people for their continuous focus on their human rights.
Every month there are more LGBTI led human rights groups in Africa. The Pan Africa International Lesbian, Gay, Bisexual, Trans and Intersex Association challenges discriminatory policies, and with success: Five African nations (Rwanda, Central Africa, Sierra Leone, Seychelles and South Africa) signed the joint UN declaration on ending violence against LGBTI people this year. Two African nations (South Africa, Mauritius) went further, signing the first UN Resolution recognising LGBTI rights in June this year: a milestone in history.
In Ghana, Zimbabwe, South Africa and Malawi, LGBTI human rights groups are ever more visible. And across North Africa, campaigning groups are linking up with each other to question discrimination and inequalities based on tradition and religious interpretations.
"Africa may have some way to go, but it is moving. And with courage."
Rowland Jide Macaulay is the founding Pastor of the House of Rainbow Fellowship in Lagos, Nigeria. He Co-Chairs the African region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association.
Find out more: Visit:
The International Lesbian and Gay Association:
http://ilga.org/
Visit their African section here:
http://ilga.org/ilga/en/organisations/ILGA%20AFRICA
Did you know ?
SIX African countries currently have an equal age of consent – something which only became a legal reality in Britain a decade ago.
South Africa became the FIFTH country in the world – the second outside of Europe and the first in Africa – to recognise same-sex marriage in 2006 – not long behind Britain's Civil Partnership Act in 2005.
Posted by Reverend Rowland Jide Macaulay
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DIVA editor urges readers to sign petition against homophobia in women's football
Diva Magazine, 28 Jun 2011
The editor of DIVA, Jane Czyzselska, has signed a petition against homophobia in sport – and is now urging readers to do the same.
The online petition, which is organised by sports charity All Out, specifically targets FIFA following reports that the female coach of Nigeria's women's football team banned lesbians from competing.
She claimed love between two women is a "dirty issue".
Her comments come as the Women's World Cup launches in Germany -and just days after the coalition government held a Downing Street reception to publicly combat anti-gay attitudes on the pitch.
Hundreds of people have already signed the petition - and now Czyzselska is asking fellow DIVA readers to do the same.
She said: "It's vital that we stand up against homophobia in sport - both here in Britain and internationally. No team or country should ever be allowed to discriminate on this basis.
"Please sign the All Out petition and ask FIFA president Joseph Blatter to investigate the harassment and termination of players 'suspected' of being gay."
Please click on the link to see the original article
Nigeria's national women's soccer coach, Eucharia Uche, led a witch-hunt to kick women off the team who were suspected of "lesbianism." (NYT)
FIFA: Call Out This Foul Play
www.allout.org, 30 June 2011
Over 40,000 people around the world have signed our letter to FIFA and the world of football has taken notice. Nigeria's coach Uche is on the run and FIFA is starting to cave to public pressure to investigate her.
For the past two years the Nigerian Football Federation has conducted a witch-hunt to kick women off the national team who were suspected of being lesbians. And Coach Uche just bragged to the New York Times that she has dealt with "the big problem of lesbianism".
FIFA, soccer's world governing body, has a powerful record of fighting discrimination. As Nigeria takes the field in the Women's World Cup, keep the pressure on FIFA to give coach Uche the red card and publicly condemn homophobia in the sport.
"Dear Friend,
I just signed a petition asking the FIFA to give Nigerian Football Federation the red card for kicking women off the national team "not because they were bad players, but because they were lesbians.”
This week, the coach of Nigeria's women's football team told the New York Times that she has dealt with "the big problem” of lesbianism on the team. She made her point clear: love between two women is a "dirty issue”.
But there's something we can do about it. In the battle against bigotry and discrimination, FIFA, football's world governing body, has real moral authority, and they can use that authority to take a clear stand against this outrageous discrimination.
At this crucial moment during the Women's World Cup, will you take a moment to ask FIFA president Joseph Blatter to play by FIFAs rules, and investigate the harassment and termination of players "suspected” of being gay.”