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 asked the court for advice about three
gay citizens of those countries seeking asylum.
The European Court of Justice (ECJ) says asylum can be
granted in cases where people are actually jailed for homosexuality in their
home country.
ECJ rulings apply to all EU members.
Homosexual acts are illegal in most African countries,
including key Western allies such as Uganda, Nigeria, Kenya and Botswana.
In June a report by Amnesty International said homophobic
attacks had reached dangerous levels in sub-Saharan Africa and must stop.
The ECJ judgment on Thursday was a response to the Dutch
Council of State, a top advisory body, which had asked whether homosexuals
could be considered a "particular social group" and whether
criminalisation and possible imprisonment amounted to persecution.
The ECJ says 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".
The mere existence of a ban on homosexuality is not
grounds in itself for approving an asylum request, the ECJ ruled.
Under international law a particular social group with
a well-founded fear of persecution can claim refugee status if the persecution
amounts to a severe violation of human rights
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