Gay asylum seekers feeling increased pressure to prove sexuality, say experts

Assessment changes by UK Border Agency has led immigrants fleeing persecution to even show film of themselves having sex

Gay asylum seekers are increasingly going to extreme lengths to meet immigration officials’ demands that they prove their sexual identity or else be returned to countries where they face persecution.

In a lecture to be delivered this week at the Law Society, S Chelvan, a barrister who specialises in asylum cases and works with the UK Border Agency (UKBA), will detail the extraordinary methods to which individuals are resorting – including filming themselves having sex – to justify requests for refuge.

The UK Lesbian and Gay Immigration Group (UKLGIG), which supports up to 1,000 applications a year, says altered official guidelines are a significant improvement but that they result in an excessive focus on the sexuality of individual claimants.

Changes introduced by the UKBA following a landmark supreme court judgment in 2010 have shifted the emphasis of official assessments to establishing whether or not claimants are genuinely lesbian or gay, according to immigration experts.

Prior to 2010, those seeking asylum because they were at risk if returned to states where homosexuality is illegal – such as Iran, Uganda or Cameroon – were refused permission mainly on the grounds that they could behave with discretion when returned.

Refusals are now more commonly made on the basis that claimants are not, or cannot prove, that they are gay, lesbian or transsexual, Chelvan said, explaining that the new focus is having bizarre and inhumane consequences.

“I know of at least two cases in the last six weeks where I have had asylum seekers filming themselves to demonstrate they are gay. Now it’s all about proving whether you are gay or lesbian.”

A Ugandan woman, who was eventually given temporary leave to remain in the UK but wished to remain anonymous, told the Guardian: “The UKBA officials wanted me to prove that I was lesbian but they wouldn’t tell me how I could.”

The woman, who spent months at Yarlswood detention centre awaiting deportation, said copies of a Ugandan newspaper that called for her to be killed should she return to the capital, Kampala, were initially disregarded by a UK immigration tribunal.

Erin Power, executive director of UKLGIG, said: “Many more people are now having their claims processed through a fast-track system while they are held in detention. We have argued with the UKBA that whatever you do sexually doesn’t create the right identity.

“When [clients] tell us they have photos or videos … we say that’s not how to establish their sexuality.”

Around 75% of those who claim asylum on the grounds they are gay and will be at risk if removed from the UK fail in their claims, Power said. The failure rate has declined since new the guidelines were introduced. On occasions, she acknowledged, she had come across claims that she did not think were credible.

Jonathan Cooper, a human rights lawyer who is chief executive of the Human Dignity Trust, which campaigns to decriminalise homosexuality in more than 80 countries, said the asylum process was often “incredibly demoralising” and resulted in many people being sent back abroad where they were attacked.

Last month, he said, several men were lynched by a mob in Nigeria after allegedly being found having gay sex.

Figures on how many people seek asylum on the basis of their sexuality remain unknown. The UKBA has been asked to record and publish figures of how many claims are made but has not done so.

A UKBA spokesperson said: “We have changed our guidance to ensure that we do not remove individuals who have demonstrated a proven risk of persecution on grounds of sexual orientation.

“Our position remains clear – when someone needs our protection, they will be given it.”

The president of the Law Society, Lucy Scott-Moncrieff, said: “We tend to think that, in terms of LGBT rights and protections, we’ve got it right. That in the UK, LGBT individuals have equal rights and are protected against discrimination.

“Yet there is a question whether these rights and protections apply to … asylum seekers who have fled to the UK because in their country of origin their situation is so dire, so desperate, that they fear for their own safety.”

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Cameroon jails ‘gay’ man for texting ‘I’m in love with you’ to male friend

Jean-Claude Roger Mbédé’s three-year prison term upheld by appeals court in Africa’s most repressive state for homosexuals

An appeals court in Cameroon has upheld a three-year sentence against a man found guilty of homosexual conduct for sending a text message to another man saying: “I’m very much in love with you.”

Activists said the court’s ruling on Monday in Yaoundé, the capital, marked yet another setback for gays and lesbians in the west African country, widely viewed as the most repressive country in the continent when it comes to prosecuting same-sex couples.

Jean-Claude Roger Mbédé, 32, had been provisionally released on bail in July after serving a year and a half in prison. His lawyer has 10 days now to file an appeal to the country’s supreme court.

Holding back tears on Monday, Mbédé said he was not sure whether he could withstand more time in prison, given the conditions he faced there.

“I am going back to the dismal conditions that got me critically ill before I was temporarily released for medical reasons,” he told Associated Press by telephone. “I am not sure I can put up with the anti-gay attacks and harassment I underwent at the hands of fellow inmates and prison authorities on account of my perceived and unproven sexual orientation. The justice system in this country is just so unfair.”

Mbédé’s provisional release earlier this year followed pressure from rights activists over his deteriorating health aggravated by malnutrition and repeated assaults.

Homosexuality is illegal in many African countries, and MPs in Liberia, Nigeria and Uganda have recently presented legislation that would strengthen anti-gay laws that are already on the books.

But even in those countries, prosecutions are rare or nonexistent, said Neela Ghoshal, a researcher in the lesbian, gay, bisexual, and transgender rights programme at Human Rights Watch.

Cameroon’s penal code calls for sentences ranging from six months to five years for people found guilty of “sexual relations with a person of the same sex.” And last year, 14 people were prosecuted for homosexuality and 12 were convicted, according to justice ministry records cited by Human Rights Watch.

“It’s the country that arrests, prosecutes and convicts more people than any other country that we know of in Africa for consensual same-sex adult conduct,” Ghoshal said. “In most of these cases there is little or no evidence. Usually people are convicted on the basis of allegations or denunciations from people who have claimed to law enforcement officials that they are gay.”

She said many suspects were tortured or otherwise treated poorly in custody until they gave confessions, which were then used as evidence against them.

In October, two men were convicted of homosexuality because of their “effeminate” appearance and because they were drinking Bailey’s Irish Cream, which was viewed as a drink favoured by gay men, according to the United Nations high commissioner for human rights.

Andre Banks, executive director of All Out, said Mbédé had already been significantly harmed by the case against him because of the pervasive anti-gay stigma in Cameroon.

“Roger said he had to leave the university where he was studying because of the attention from the case and because of the mounting threats and fear of violence that have been very concerning to him,” Banks said. “He’s worried that he won’t be able to have a normal life in Cameroon because of the amount of attention it’s brought to him.”

Lawyers defending those accused of homosexuality have also faced death threats including Mbédé’s lawyer, Alice Nkom.

A text message sent in October to Yaoundé-based lawyer Michel Togue, who has also defended people accused of homosexuality, similarly threatened his children. Attached to the message were photos of the children leaving school.

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Palestinians warn: back UN statehood bid or risk boosting Hamas

Failure to support limited recognition would undermine Abbas and validate armed resistance to Israel for many, officials warn

The Palestinian leadership is warning Europe and the US that failure to support its bid for statehood at the United Nations on Thursday will further strengthen Hamas after the Gaza fighting by suggesting that violence, rather than diplomacy, is the way to win concessions from Israel.

Senior Palestinian officials believe the vote is a crucial test of whether there is a future for President Mahmoud Abbas’s diplomatic strategy after his credibility was badly damaged among Palestinians by what they regard as the success of Hamas in the conflict with Israel this month.

Many ordinary Palestinians believe the conflict showed that standing up to Israel delivers results, in contrast to years of concessions under US peace plans, and drawn-out negotiations. European diplomats concede that the fighting has shifted the ground before the Palestinian request for recognition as a “non-member state”. Failure to support Abbas could risk further undermining his increasingly weak position, to Hamas’s advantage, they warn.

France has said it will vote in favour, and Spain is shifting in that direction. But the US and Britain are attempting to weaken the impact of a UN vote in support of statehood by putting considerable pressure on the Palestinian leadership to offer guarantees that it will not take advantage of the new status to accuse Israel of war crimes at the international criminal court (ICC) or seek territorial rulings at the international court of justice.

Palestinian officials said Britain and the US had pressed Abbas to sign a confidential side letter, which would not be presented to the UN general assembly, committing the Palestinian Authoritity not to accede to the ICC.

France has been pressuring the Palestinians to amend the resolution to
make it clear that Israel could not be taken to the ICC retroactively
for any alleged war crimes committed before the UN votes to recognise
Palestinian statehood.

Israeli officials are particularly concerned over an investigation of its assault on Gaza four years ago, Operation Cast Lead, which was widely condemned as a war crime because of the scale of Palestinian deaths and the level of destruction.

The Palestinians have already drawn up the necessary application to go to the ICC. It caused consternation when the chief Palestinian negotiator, Saeb Erekat, presented ths document at a meeting with the US secretary of state, Hillary Clinton, earlier this month.

A Palestinian close to the talks quoted Clinton as responding: “Don’t you even go there.”

Britain and the US also want Abbas to agree to begin negotiations immediately with the Israeli prime minister, Binyamin Netanyahu. The Palestinian leadership is demanding evidence that Israel is serious about talks after years of futile discussions during which the Jewish state continued its rapid expansion of settlements in the West Bank and other measures to seize land the Palestinians regard as part of a future state.

Nabil Shaath, the Palestinian official who has played a leading role in shaping the statehood request, told the Guardian before leaving for the meeting in New York that the Israeli assault on Gaza strengthened the case for seeking UN recognition. He said the Palestinian leadership would not be deterred by threats, such as the warnings from Washington and Israel that they could cut funds to the Palestinian Authority.

“Not to go to the UN would be suicidal for the Palestinian Authority. All these people [in Gaza] took the brunt of the attack and now we should chicken out because they [the US and Israel] will cut off some money? What we’re doing is not violent; it’s not military; it’s not illegal,” he said. “The world should see that if they keep maintaining the status quo, it will get you nothing but more bloodshed. That’s the lesson from Gaza.”

Shaath said the vote was an important test of whether there was a future for diplomacy, when talks had produced almost no progress toward a Palestinian state in years.

“Clinton just a few days before Gaza said it would be a very long time before the Palestinian issue is going to get attention. Which means what: we only get attention when we use force? If we get this vote, people will feel nonviolence produces results; if we do not, they will reach the opposite conclusion,” he said.

Later, Shaath told a meeting with foreign diplomats it would be “immoral” for their countries to oppose the statehood resolution. The Palestinian Authority has warned countries with embassies in Ramallah, including Bosnia and Cameroon, that if they do not support the UN move they will be expelled.

The US, Israel and European countries have accepted that attempts to get the Palestinians to back down from seeking UN recognition have failed and that the move is all but guaranteed to pass, with the support of a majority of the general assembly. But Washington and London are putting considerable pressure on the Palestinian leadership over the ICC because, as one European official put it, “taking Israel to the court is a real red line”.

For now, it appears the Palestinian leadership would prefer to retain the option to go to the ICC as a bargaining chip for future negotiations. But the pressure will only grow in meetings in New York immediately before the vote.

Britain says it is concerned at the Israeli response to Palestinian statehood after Israel’s foreign minister, Avigdor Lieberman, has threatened to cancel all or parts of the Oslo peace accords and topple Abbas from power. And the UK says the statehood bid could end up harming Palestinian interests if the Israeli reaction is so severe that it sets back the prospects for peace.

But Palestinian officials are dismissive of the argument, saying there is no peace process to speak of and that Israel has done little to enhance Abbas’s credibility by continuing to expand Jewish settlements and treating him with contempt.

Britain also pressed the Palestinians to delay the vote until after the Israeli general election, in January, fearing that Netanyahu’s response may be made stronger by electoral considerations.

Israel recognises that the general assembly is all but certain to back the Palestinian move so it has focused its efforts on pressing European governments in particular to oppose or abstain in an effort to deny the vote legitimacy. Israel reasons that if most European governments and the US fail to support implicit recognition of a Palestinian state then it will be able to argue that Abbas has only the backing of dictatorships and less free countries.

European attempts to forge a common position have foundered, with Germany opposing the Palestinian request and France’s president, François Hollande, wavering but then favouring it again.

Britain has also come under pressure from Arab countries that have made clear they regard the vote as a test of whether the UK is serious about pressing a solution to the Israeli-Palestinian conflict.

The Israeli push against the statehood bid includes cartoons on YouTube that show Netanyahu and world leaders gathered around a dinner table waiting for Abbas to arrive for peace talks.

“I am on my way to the UN. I am not coming to the table,” he says.

A second video shows Abbas driving a bus toward a cliff by pursuing the UN bid.

The Palestinians chose 29 November as the date to submit the statehood request because it is the anniversary of the 1947 UN decision to partition British-mandate Palestine between Israel and an Arab state.

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London 2012: seven Cameroonian athletes go missing from Olympics

Team officials say that five boxers, a swimmer and a footballer have disappeared, possibly to claim asylum

Seven Olympic athletes have disappeared amid fears they have fled the London 2012 Games to claim asylum, according to team officials.

Five boxers, a swimmer and a footballer from Cameroon were reported missing earlier this week leading team officials to suggest they had “defected.”

“What began as rumour has finally turned out to be true,” David Ojong, the Cameroon mission head said. “Seven Cameroonian athletes who participated at the 2012 London Olympic Games have disappeared from the Olympic Village.”

The Cameroonian athletes have not broken British immigration rules introduced for the Olympics that allow competitors, their coaches and families to stay in the country until early November.

But the athletes’ disappearance and Ojong’s comments have received widespread attention in Cameroon, where people said they were embarrassed by the news but understood the predicament facing the athletes.

“The conditions in Cameroon are very difficult – there are no opportunities here and if you have the chance to go the UK, it’s understandable that you would want to stay there,” said Henri Tchounga, a tour guide in Yaounde. “But my fear is that now Cameroonians will have a bad reputation and in future we will not be able to get visas. It’s good for them but a serious problem for the rest of us.”

Ojong said a reserve goalkeeper for the women’s soccer team, Drusille Ngako, was the first to disappear. She was not one of the 18 finally retained after pre-Olympic training in Scotland.

While her team-mates left for Coventry for their last preparatory encounter against New Zealand, she vanished. A few days later, swimmer Paul Ekane Edingue disappeared along with his personal belongings.

Ojong added that five boxers eliminated from the Games, Thomas Essomba, Christian Donfack Adjoufack, Abdon Mewoli, Blaise Yepmou Mendouo and Serge Ambomo, went missing on Sunday from the Olympic village. It was reported that four of the athletes were last seen at a team reception at the Royal Garden hotel, next to Kensington Palace, west London, on Friday.

Ojong is understood to have held talks with the sports minister Adoum Garoua at the Olympic Village on Tuesday.

It is not the first time Cameroonian athletes have disappeared during international sports competitions.

At past Francophonie and Commonwealth games as well as junior soccer competitions, several Cameroonians have quit their delegation without official consent.

In June, an Ethiopian torchbearer, Natnael Yemane, 15, also disappeared after he went missing from a hotel in Nottingham.

Meanwhile three Sudanese athletes who hoped to compete in the Games were last month reported missing amid claims they would apply for political asylum.

Flaubert Mbiekop, an economist from Cameroon, said: “The bottom line is to look at the economic conditions in Cameroon and see how hard the system is for many people, especially the athletes who don’t receive any support from the government. London presented an opportunity; I’m not at all surprised that they took it.”

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Eurozone crisis will cost world’s poorest countries $238bn

Overseas Development Institute says knock-on effect of sovereign debt crisis will hit trade, aid and investment

The world’s poorest countries will receive a $238bn (£152bn) hit from Europe’s sovereign debt crisis as the knock-on effects from weak growth and austerity in the single currency zone affect trade, aid, investment and remittances, one of the UK’s development institutes said.

A study by the Overseas Development Institute showed export-dependent emerging nations were vulnerable to a prolonged downturn in Europe triggered by fears of a break-up of monetary union.

Research found weaker demand in Europe for imports from low and low-to-middle income countries would have a marked impact on growth. In what it called a “bombshell” for poor nations, the ODI said the cumulative output loss in 2012 and 2013 would amount to $238bn.

The European Union is the biggest economic unit in the global economy and is the largest export market for countries in the developing world. The ODI said a 1% drop in global export demand could hit growth in poor countries by up to 0.5%, with Mozambique, Kenya, Niger, Cameroon, Cape Verde and Paraguay most at risk from the eurozone crisis.

Many developing countries, including the world’s poorest region, Sub-Saharan Africa, have enjoyed growth in recent years, partly due to the strong demand for their raw material and commodities from China and other fast-growing nations.

Author Isabella Massa said: “There are three broad ways in which the eurozone crisis will affect developing countries – through financial contagion, as a knock-on effect of fiscal consolidation in Europe to meet austerity needs, and through a drop in the value of currencies pegged to the euro.”

The ODI report says, Côte d’Ivoire relies on exports to the EU for over 17% of its GDP, while in Mozambique and Nigeria the figure was about 14% and 10% respectively. Tajikistan was most dependent on remittances in 2010, with up to 40% of GDP coming from citizens abroad.

Liberia and Democratic Republic of the Congo were dependent on foreign direct investment in 2010, with inward FDI as a share of GDP equal to over 25% and 20% respectively. Niger followed with a value of inward FDI as a share of GDP equal to 17%.

Robert Zoellick, outgoing president of the World Bank, warned developing countries that they needed to prepare for a renewed wave of global financial turbulence stemming from Europe, and said they should put their finances in order so they had scope to ease policy.

The Bank has already pencilled in an easing of growth rates in the developing world this year to 5.3%.

Massa said: “Poor countries are vulnerable to the euro crisis not only because of their exposure (due to dependence on trade flows, remittances, private capital flows and aid) but also because of their weaker resilience compared to 2007, before the onset of the global financial crisis.

“The ability of developing countries to respond to the shock waves emanating from the euro area crisis is likely to be constrained if international finance dries up and global conditions deteriorate sharply.”

In order to weather the crisis, the ODI advised developing countries should continue to focus on the goals of solid public finances and economic stability as long-term goals, but should also “spur aggregate domestic demand, promote export diversification in both markets and products, improve financial regulation, endorse long-term growth policies, and strengthen social safety nets.

“For their part, multilateral institutions should ensure that adequate funds and shock facilities are put in place in a coordinated way to provide effective and timely assistance to crisis-affected countries.”

The ODI report said that the ability of developing countries to respond to the shock waves emanating from the euro area crisis was likely to be constrained if flows of international finance dried up and if the global economy took another turn for the worse.

“The escalation of the euro crisis and the fact that growth rates in emerging BRIC (Brazil, Russia, India and China) economies, which have been the engine of the global recovery after the 2008–9 financial crisis, are now slowing down make the current situation really worrying for developing countries.”

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Couple facing deportation to Cameroon released after campaign by writers

Leading writers condemned home secretary’s decision to deport playwright Lydia Besong and her husband

A couple facing imminent deportation to Cameroon have been unexpectedly released from detention this week after a campaign by leading writers to halt their removal from the UK.

A week ago, leading writers and barristers wrote to the home secretary, Theresa May, to condemn the UK Border Agency’s decision to deport Lydia Besong, a playwright, and her husband, Bernard Batey.

The former children’s laureate, Michael Morpurgo, Monica Ali, Hanif Kureshi, Alan Ayckbourn, Nick Hornby and Helena Kennedy signed the letter urging May not to deport them. Kennedy, a leading QC, described the agency’s decision to deport the couple as “hideous” and “insensitive”, and called for an overhaul of the way women are treated in the asylum system.

Besong says she was raped in Cameroon and would be persecuted for speaking out against the government. She was not informed that her husband’s latest appeal against deportation had failed on 23 December. On 10 January, the couple were taken into detention as they registered with immigration services in Manchester as normal.

Besong said she spotted a van outside the office and thought to herself: “I hope that’s not come for me.” She said she feared something would happen as she had had a prophetic dream the night before.

Severely traumatised by her ordeal, Besong’s leg trembles as she talks and she is suffering from glaucoma, which has required three operations.

“We had no idea we were about to be released,” she said of Wednesday’s events. “[I had] an eye appointment at Bedford hospital and I was taken accompanied by security guards. Everyone was looking at me wondering what I’d done, but I was not a prisoner.

“When I returned from the appointment and was told I was being released I just said: ‘Hmm.’ I didn’t feel a lot of emotion after everything I’d been through. Although I was being released, there were still people in Yarl’s Wood such as my roommate who’d been there for 10 months.”

“Many bad things will happen [if I am returned to Cameroon],” she added. “OK, the media is watching now, but what about when they go away? I would be locked up because of my political views.”

The couple’s lawyer said the secretary of state’s handling of the case “continues to baffle”. Gary McIndoe said: “Having confirmed that they are to reconsider their decision on Bernard’s asylum claim, UKBA have authorised Bernard and Lydia’s release from detention, only 24 hours after communicating to us a refusal to release them.”

He said he hoped the substance of risks faced by the couple in Cameroon would now be looked at with greater care and clarity.

During Christmas 2009, Besong was held for four weeks in Yarl’s Wood detention centre and she and her husband were threatened with removal to Cameroon. Their flight back was halted by a high court judge and the UKBA said their case would be reviewed.

They were forced to leave their home country in 2006 as a result of their membership of the SCNC, a peaceful organisation which campaigns for the rights of the English-speaking minority of southern Cameroon. The couple were imprisoned and tortured, and Lydia says she was raped by a uniformed prison guard. They say they have both been traumatised by these experiences and have become depressed.

Since arriving in the UK, Besong has written three plays about her life as an asylum seeker and criticised the political situation in her home country.

Besong’s latest play, Down with the Dictator, is currently in rehearsal and due to be performed in Greater Manchester and Bristol in March.

Michael Morpurgo said: “How this country treats asylum seekers is the measure of what kind of a people we are. Lydia was oppressed in Cameroon. That there is a risk she will be imprisoned and abused again seems undeniable. That she is extraordinarily brave in her stand against oppression is clear. And that her talents would be of great value to us as a citizen in our society would seem to be obvious.”

The couple arrived at a friend’s flat in Tottington, near Bury, at 1am on Thursday. Lydia and her husband were waiting for the UKBA to return their house keys so they could go home.

Besong said she feels blessed to have been released, but her second period of detention in Yarl’s Wood has left psychological scars.

“There are roll calls at 7.30am, 12, 5 and 9.45pm,” she said. “The guards are always checking up on you and you can hear their keys jangling. It is difficult to get any rest at all. When you come out of that place it is sometimes difficult to forget that you are not there because it comes with you as you are living with the memories.”

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