UK's removal of gay tortured, imprisoned Ugandan stopped at last moment

Robert Segwanyi

By Paul Canning

• New updates are here. 

The removal of Ugandan gay asylum seeker Robert Segwanyi was tonight "deferred" at the last minute. He had been moved today to a Heathrow 'removal centre' for an early morning 11 July flight to Kampala.

The deferment comes after the last minute intervention of Segwanyi's MP, Mike Hancock, as well as the MEP Michael Cashman. Many concerned people also wrote the British Home Secretary Theresa May over the past few days.

A new lawyer had been found today for Robert - who has been badly represented previously - but he did not have enough time in which to submit a judicial review application.

Robert was imprisoned and tortured for homosexuality. On escaping prison in June 2010 he fled to the UK and applied for asylum a fortnight later. The UK Border Agency (UKBA) does not accept he is gay and a judge rejected his appeal claiming that there is no risk to gay people in Uganda.

Hancock's letter demanded that Robert be given enough time to put in for judicial review - because, he explained in some detail, previous judicial dismissal of Robert's case appeared to be unsafe.

In particular he pointed to immigration judge Hembrough's treatment of the evidence of Professor Cornelius Katona, a Fellow of the Royal College of Psychiatrists, Emeritus professor of Psychiatry in the University of Kent, Honorary Professor in the Department of Mental Health Sciences at University College London and author of over 300 expert medical reports. (Katona's evidence wasn't available on Friday when we detailed other problems with both judge Hembrough's as well as the UKBA's treatment of Robert.)

Hancock pointed to the judge's statement in his ruling that Prof. Katona did not consider Mr Segwani to be gay - yet Prof. Katona has said that this is "with respect, incorrect".

Hembrough said he had “considerable doubts as to whether” Segwanyi was suffering from post-traumatic stress disorder (PSTD) – despite Prof. Katona saying that it would not even be possible for professional actors to fake PTSD symptoms in a way that Segwanyi did.

The treatment of Katona's evidence demands judicial review, Hancock says.

Further, he points out that Theresa May has said that "cases involving LGBT will be reviewed before final deportation." And Hancock wants an answer to his suggestion:

"That this case shows that the UKBA and the Home Office are institutionally homophobic and there should be better consideration of this case so that it can demonstrate that it is not."

Mike Hancock MP

Hancock notes that the judge's determination in November was:

"Even if I am wrong regarding the Appellant's homosexuality I see no reason to depart from the [then] current country guidance" - this guidance being that "the evidence does not establish that in general there is persecution of homosexuality (sic) in Uganda".

When, Hancock says, the situation for LGBT in Uganda was widely reported as worsening.

He notes that Professor Katona says that

"Mr Segwani's Post-Traumatic Stress Disorder [means that] there is a strong possibility that his high levels of fear and stress may have led to his assenting to be interviewed in English without taking fully into account the disadvantages of doing so." 

Robert's prior argument was that the 'credibility' issues raised by UKBA were due to the interviewer mixing up his statements about his past relationships - and Prof. Katona says that Robert's understanding of English was poor and his spoken English also "very limited". The judge dismissed this evidence.

When Robert's case was last dismissed by UKBA 21 January reiterating the judge's ruling, Prof. Katona said:

"This assessment appears however to have ignored my expert clinical assessment."

Commenting on the judge's decision, Hancock quotes the Public Law Project:

"Public bodies must correctly understand and apply the law that regulates their decision making powers. An action or decision may be unlawful if the decision maker had no power to make it or exceeded the powers given to him/her. Four kinds of illegal activity may be identified:...[including] taking irrelevant factors into account or failing to take account of all relevant factors."

Hancock writes that Hembrough's findings about Segwanyi being interviewed in English, his PSTD and his homosexuality:

"Are at best based on somewhat prejudiced views and not in line with the evidence. Indeed if Mr Segwanyi had wanted to mislead the immigration authorities he would surely have acted in a different way."

Hancock quotes from Stonewall's Report 'No Going Back' that "some appeal judges' attitudes to LGBT are "old-fashioned"." And he highlights a quote from the report from another Ugandan asylum seeker who said:

"My lawyer asked whether I could change my case and claim on political grounds instead. She said it's hard to represent me properly with the case of being gay."

Related articles

• UK to Deport Uganda Gay Man, Robert Segwanyi, despite Torture and Risk to his Life (oblogdeeoblogda.wordpress.com)
• Is it getting worse for UK LGBT asylum seekers? (madikazemi.blogspot.com)

Michael Cashman: "Double Standards Lead to Double Misery"

Source: BİA News Center

By Emir Çelik

The "2011 Conference on Human Rights and Freedom of Expression" held last week in Istanbul. Michael Cashman, British LGBT rights advocator and member of the European Parliament, spoke on LGBT rights in Turkey, Europe and worldwide in the event entitled "Think of it, the foreigner is you: Defending Rights of Lesbian, Gay, Bisexual and Transgender Individuals (LGBT)".

In the discussion on 15 January, Cashman pointed to policies of the "Thatcher Government" that he struggled against in the past and said that LGBT demonstrations were obstructed in various European countries. According to the rights defender, comparable situations are still prevailing nowadays in countries like Poland and Lithuania.

Cashman argued, "We may not become lazy. LGBT people demonstrated in Warsaw even though they were not allowed to. While the super-rich American Christians would like to wipe out homosexuality, African LGBT individuals picked up the struggle. It sparks hope that even the Constitutional Court of Uganda as one of the most homophobic countries gave a decision in favour of LGBT individuals".

Cashman also mentioned the closure of the Rainbow LGBT Association in Bursa (north-western Turkey) in the beginning of January. "It was closed but the heads of the organization keep up their struggle with a new association", he said and continued:

Read more »

Thousands of UK asylum seekers 'left in limbo', delays effect fight for Iraqi LGBT

Image via Wikipedia

By Paul Canning

A new report from the British Parliament's Home Affairs Committee on the work of the UK Border Agency (UKBA) says that the system was "still failing" amid a "rush" to clear backlogs of tens of thousands of unresolved claims.

The committee has been asking the UKBA for regular updates on its attempts to clear up to 400,000 asylum applications. One in seven cases - about 61,000 - would probably be 'archived', the committee was told, because officials could not trace the individuals.

Keith Vaz MP, chairman of the committee, said:

"Much of the delay… stems from poor quality decision-making when the application is initially considered."

In a blog post at the end of last year, 'Bad decisions, detention, ignoring the courts: How the UK Home Office wastes money', the immigration lawyer Free Movement described decision making as "rubbish, awful, abysmal."

"In the official statistics for 2009," it wrote, "it was revealed that 28% of asylum appeals succeeded. 48% of non-asylum appeals succeeded. These statistics tell you something about the appalling quality of decision making."

"Each appeal requires tribunal time and resources and more implementation resources at the Home Office or FCO [Foreign Office] than would have been the case if the decision were made correctly in the first place. Some of these decisions have also be legal aid cases in the past, although that looks set to change. This is incredibly, criminally, wasteful of public resources."

Jonathan Ellis, Director of Advocacy at the Refugee Council, said:

“It is unacceptable that thousands of people seeking safety in the UK have been left living in limbo with their cases unresolved because of UKBA’s administrative failures."

“Decisions on asylum cases must be made quickly and fairly. It is imperative that asylum seekers have adequate support and early access to good quality legal advice to pursue their case, but the culture of disbelief among UKBA caseworkers must also be eliminated."

"Getting decisions right first time is a win-win for everyone involved in the asylum system. It will not only ensure that those in need of protection can get it, it will also speed up the process and avoid lengthy appeals, saving taxpayers’ money."

"We urge the government through its asylum improvement project to ensure those fleeing conflict and persecution today can get the protection they need without waiting years to get it.”

One of those in limbo is the Iraqi LGBT leader Ali Hili. Although he has 'leave to remain', his asylum application has been outstanding for four years and while it is outstanding he is unable to travel.

Hili has received many requests to speak internationally and spread the word which he has been unable to pursue. The UK Foreign Office Human Rights Report for 2009 specifically names Iraqi LGBT over other NGOs as a key source of information. Hili has met with them numerous times. The report quotes then Foreign Office Minister Bill Rammell condemning persecution of LGBT in Iraq.

His solicitor, Barry O'Leary, wrote to the UK Border Agency (UKBA) in August 2009 requesting that his case be expedited so he could travel "in order to further the aims of his organisation, that is, supporting lesbians and gay men in Iraq and bringing the world's attention to their plight."

Six months later, the UKBA told O'Leary that:

• the assistance which Hili has given to the UK Foreign Office "does not count"
• the fatwa (from inside Iraq which has led to him receiving protection from the Metropolitan Police) does not mean that Hilli "falls within the classification of clear and immediate vulnerability"
• that the delay in deciding Hilli's asylum case (since July 2007) "is not in itself an exceptional circumstance", and
• his case is not "compelling"

MEP Michael Cashman and MP Caroline Lucas are amongst those who have also written to the Home Office on Hili's behalf.

UKBA responded to Cashman last September, five months after he had written to them and in a letter signed by Chief Executive Lin Homer, that Hili's case "does not meet the criteria to be expedited".

Say Hili:

"The delay in my case is very stressful, I'm frustrated that I'm unable to continue to do my work to save lives and carry on with living my life."

The Committee's report also criticised those contracted by the Border Agency to remove failed asylum seekers.

"We are not at all convinced that the UK Border Agency is being effective in making sure that its contractors provide adequate training and supervision of their employees in respect of the use of force."

"This is a fundamental responsibility of the agency and is not simply a matter of clauses in contracts or formal procedural requirements," it said.

Last October Angolan Jimmy Mubenga died while being escorted on a flight from Heathrow airport in London after being heavily restrained by guards working for G4S, a private security firm contracted to escort deportees for the Home Office. Three guards were arrested and MPs called for a "wide-ranging and independent inquiry" into the UK's deportation system.

Michael Cashman responds to our criticism of Labour's international LGBT record

Image by LGBT History Month UK via Flickr

By Paul Canning

On Tuesday pinknews.co.uk publicised my strong criticism of UK Labour's international manifesto. It was titled 'Labour is shunning gay Iraqis, asylum seekers' as this was my main point - neither is mentioned in either that or their domestic manifesto and on both Labour has failed to offer support, quite the opposite.

Leading gay politician Michael Cashman MEP has today defended Labour against my criticism in an interview with pinknews.co.uk.

This is what was said:

Today, Mr Cashman pointed to Labour's record on the issue and said the party was continuing to work with groups such as Iraqi LGBT.

He told PinkNews.co.uk: "No British government has done more to tackle discrimination and promote equal rights for LGBT people than this Labour government.

"We are proud to support the campaign within the UN for the universal decriminalisation of homosexuality. It is abhorrent that countries exist which consider it a crime punishable by death.

"Labour’s LGBT International Manifesto has been criticised for not mentioning Iraq. Let’s be clear about this – homophobia exists in every society and every state. There is no fixed list of ‘homophobia free’ states. The manifesto mentions a number of states for which there are particular concerns. That does not mean that there are no concerns elsewhere.

"We remain concerned about the situation in Iraq. That is why we continue to make representations on behalf of individuals like Mr Ali Hili who, as founder of Iraqi LGBT, has worked with the Foreign Office and campaigns against LGBT persecution in Iraq.

"No civilised society condones or supports discrimination and, while it continues to exist, it is right to that we should all remain impatient and be critical of states and institutions that do nothing to address it.

"But the fact remains that this Labour government has led international efforts to tackle discrimination and promote equal rights. Labour is also at the forefront in Europe, not only shaping the EU institutions but shaping attitudes as well."

Mr Cashman added: "It is a regrettable that some people appear to be critical of Labour for producing an International LGBT Manifesto. Perhaps they should be asking why other parties have not published one."

Here is my comment in response to Michael (with additional emphasis):

Michael Cashman has much to be proud of in his work for gay rights internationally. I would single him out in this respect.

Unfortunately, the rest of the party retains an appalling position on asylum. It is the government which he supports which is directly affecting Iraqi gays through denying Ali Hili's request for his asylum claim to be expedited. To prove otherwise all they have to do is for Alan Johnson to intervene and order it. We don't just vote for the Michael Cashmans but also the Alan Johnsons and unfortunately LGBT labour people are left generally trying to claim things will somehow change or in the case of their two manifestos ignoring them.

How, exactly, is 'the party' supporting Iraqi gays? No, it is simply failing to take responsibility for the results of its actions and I stand by 'shunning'. Michael is an exception within his party.

There are also exceptions within the Tories – I would point to London MEP John Bowis' support for Iranian Mehdi Kazemi who Jacqui Smith tried to deport but there are others. Pointing at the Tories in a knee-jerk way simply doesn't work when you fail to address the party's own record. Michael's comments would have more weight if he admitted where the party has gone wrong.

I do not think the Tories would be 'better', but on asylum they could hardly be worse.

And of course it is simply false to say "perhaps they should be asking why other parties have not published [an international manifesto]" when both the LibDems and Greens incorporate strong commitments in their manifestos.

I am glad Michael says "we should all remain impatient and be critical of states and institutions that do nothing to address [the situation in Iraq]". What I wrote was not an criticism of you but the rest of your party and its actions in government. I know and you know that what is promised in the international manifesto may be good but is not good enough.

I truly respect you Michael but it is a plain fact that on Iraq and asylum neither LGBT Labour manifesto has anything to say.

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• Never mind Latvian gay rights, what about Iraq's record? (leftfootforward.org)
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Gay MEPs slam European Commission after trade deal with countries jailing, killing gays

Image by LGBT History Month UK via Flickr

Source: UK Gay News

Two openly gay members of the European Parliament today slammed European Commissioner Andris Piebalgs over the revised ‘Cotonou Agreement’, which delineates political and trade relations between the European Union and African, Caribbean and Pacific (ACP) states.

The cause of the brewing row is that Mr. Piebalgs agreed last week a new deal with the ACP which did not include the human rights of LGBT people.

The Commissioner had previously intended to include non-discrimination on grounds of sexual orientation in the new terms of the agreement – an aspect that was demanded by the European Parliament.

 “This is unacceptable for the European Parliament,” fumed Michael Cashman MEP (UK), co-president of the European Parliament’s Intergroup on LG BT Right, this afternoon.

“The Commission backed down in the face of governments that increasingly discriminate, imprison, torture and kill people because of their sexual orientation.  It is a dangerous signal that there is a hierarchy of rights: some will be defended, but others will not.

“This matter will not be left to rest here,” he pledged.

Negotiations came to a close last Friday over the revised Cotonou Agreement, which delineates political and trade relations between the European Union and ACP.

Out of 79 ACP states, 49 criminalise homosexuality with up to 14 years in jail, and up to five punish lesbian, gay, bisexual and transgender people with death.

“I would have expected Commissioner Piebalgs not to give in to pressure from ACP governments,” said Ulrike Lunacek MEP (Austria), the other Intergroup co-president.

“His abdication is not only against European values, it also is harmful to LGBT people in ACP countries who are confronted with the notion of homosexuality being ‘un-African’ – a notion proven wrong by historians and sociologists.

“The European Parliament will confront the Commission with this decision,” she added.

The revised Cotonou Agreement has been tentatively agreed in discussions that were concluded on Friday.  The official signature planned for June in Ouagadougou, Burkina Faso.

Interview with Guatemalan human rights activist Jorge Lopez

Source: PinkPaper.com -12 Feb

By Oli Balcazar

While Britain celebrates LGBT History month, the fight for basic freedom and equality across the world rages on. Jorge Lopez is a testament to this ongoing struggle.

A human rights activist from Guatemala, he’s visiting London this week to raise awareness of the crises facing LGBT communities in Central America. He spoke to PinkPaper.com exclusively.

“The widespread homophobia in Guatemala is symptomatic of its broader problems; poverty, corruption, social and economic inequality all foster feelings of discontent and hatred against minorities,” says Lopez. “Anger at the system is directed against the LGBT community, making it more of a target than ever.”

We might expect those on the fringes of society to be protected by the State, but it is the Guatemalan government that most hinders Lopez and his gay rights organisation OASIS in their struggle for equality.

In 2006, an transgender member of OASIS, Paulina, was killed, prompting the human rights organisation Peace Brigades International to provide protective accompaniment to OASIS. The case has yet to come to trial, though witnesses alleged attackers were officers of the National Civil Police.

“The executive and judicial powers have absolutely no interest in protecting the vulnerable or enforcing justice. Attacks on gay people remain unpunished, leading to a culture condoning violence against the LGBT community. This impunity exists because of a fundamental failure of the State.”

Lopez himself has faced numerous threats and attacks while campaigning. He refuses however to be silenced by such tactics, continuing to run a programme of services, training and advice, as well as documenting and reporting the human rights violations, exclusion and discrimination that LGBT communities, including sex workers and those with HIV-AIDS,  suffer in his country.

He has met with openly gay MEP Michael Cashman to highlight the violent persecution across Guatemala and central America. “Our meeting was a great step for us. It can take a while for the severity of the situation to implement action, but I’m confident OASIS can raise the global awareness we need.”

Lopez is also meeting with the All-Party Parlimentary Group on AIDS, a backbench cross-Party group of MPs and Peers, to discuss the critical situation for HIV sufferers in Guatemala.

“The country is facing a HIV epidemic, yet the government refuses to acknowledge the problem. Any money for HIV treatment is given solely for the rich elite, leaving poorer people such as sex workers with only international aid to treat the virus.”

The tasks of protecting LGBT people from violence, as well as changing social attitudes of his country, are ones Lopez is ready to tackle. “I want to put a face to the struggle in Guatemala. People need to understand the problems we face and how we can unite to uphold justice and freedom.”

Lopez will visit Madrid later in the week to alert the Spanish government to the severity of Guatemala’s situation.

Archbishop of Canterbury in 'intensive' efforts to combat Ugandan anti-gay death law

Source: The Times

By Ruth Gledhill

The Archbishop of Canterbury Dr Rowan Williams has been criticised widely for failing to speak out against the new anti-gay law in Uganda that could see some homosexuals being executed. But there is method in his silence. Today, Lambeth Palace told me: 'It has been made clear to us, as indeed to others, that attempts to publicly influence either the local church or political opinion in Uganda would be divisive and counter productive. Our contacts, at both national and diocesan level, with the local church will therefore remain intensive but private.'

In fact, we can take for granted that Dr Williams is against the draconian new law. But speaking out publicly to this effect could indeed, as he says, have the opposite effect to that intended. It would almost certainly be seen as white-led colonialism of the worst possible kind, as a misguided attempt to impose western liberal values upon traditional African culture. It would not help the local Anglican Church, which has yet to come out on either side. But we can assume that the word 'intensive' in his statement today indicates that he is as distressed as the 2,000 who have signed a petition against it.

Here is some of what is being said in the blogosphere.

Unthinking Anglicans take Dr Williams' possible argument to one logical conclusion. 'It would be appalling if Uganda were to be infected with the liberal values of the decadent West. It is far better to allow our African brethren to engage in the Christian virtues of witchcraft, child sacrifice and wizardry. By interfering in Uganda's internal affairs, ++Rowan might be seen as promoting those horrible liberal values which have split the Anglican Communion.'

FirstThings:

'The proposed law is odious. Due to the legacy of colonialism, Western people should be sensitive about interfering in sub-Saharan African politics and modest in making moral pronouncements regarding Africa, but this law deserves universal condemnation. Uganda experienced many evils under colonialism, including the loss of basic liberties.Experiencing evil does not give a free pass to do evil and this bill is wicked.

Gay Uganda:

So, what does it mean for me? Well, I can understand why my people have become more and more homophobic over the last five years or so. Homosexuality is not new in the country. What is new is the current level of hysterical homophobia. I was talking to a Tanzanian friend who was suprised at what is happening here. Homosexuality is something that happens in Tanzania. No one asks, no one talks. It is a fact of life.

New Statesman

Uganda is sanctioning gay genocide

Tim Trent:

Think Adolf Hitler, Think Pink Triangles to mark out homosexuals before their extermination in the death camps. Think of someone's son, daughter, mother, father, brother, nephew, niece. This is another legalised holocaust, and this time the good old USA is behind it with its fundamentalist pseudo-christian halfwits.

The Economist:

Visitors to Uganda have rarely been starved of sex if they have wanted it. But there are limitations. The country’s mix of vigorous heterosexuality and religiosity have made it one of Africa’s more homophobic places. Now, say advocates of sexual freedom, a proposed new law against homosexuals will push Uganda back into a grim kind of Victorian age, Africa-style.

Modern Tosh:

To add to this list of humanitarian atrocities is the newly proposed ‘Anti-Homosexuality’ Bill, which would sentence “aggravated homosexuals” to death, and in an Orwellian move; punish all those who don’t tell the authorities of the known existence of a homosexual within 24 hours, to three years imprisonment. But the 1984 comparisons don’t stop there, after defining the “crime of homosexuality,” (which is sexual contact between two people of the same sex, oral, anal, with toys, or otherwise) the bill goes on to include the “touching of another person with the intention of committing homosexuality,” – a thought crime.

LGBTI Uganda

We know that sexual orientation is not changeable. We are homosexuals and cannot change. In the same way, we cannot change heterosexuals into homosexuals. We cannot recruit. WE CANNOT, DO NOT, HAVE NEVER, AND WILL NEVER ‘recruit’. We can only deduce that those leveling these claims aim to inflame the population against us, a minority group. The allegation that we receive huge amounts of money for so called ‘recruitment’ services is simply ridiculous. We do not receive any money for ‘recruitment’. It is absurd that some assume we would be paid to do something impossible.” is quite clear that this issue of state-sponsored homophobia has been building up for years, and now it is finally out of the bag,” Mr. Michael Cashman MEP told UK Gay News.

Thinking Anglicans has more links.

There are many groups on social networking sites rallying protest against the bill, one with 6,500 members. Also on Facebook, Susan Russell notes that every person who was in her church last Sunday would face imprisonment under the bill.

Live Journal:

'Supporters of the bill argue that confining homosexuals to an environment in which they will eat, sleep, and shower daily with only members of the same sex, supervised by authoritative guards with well-toned bodies in striking uniforms, is clearly the best way to rehabilitate homosexual tendencies.

'However, this measure goes to even greater extremes than mere confinement of homosexuals.

'People in a position of leadership who become aware of such acts will have 24 hours to inform police, or face three years picking up soap with their toes themselves.

'Even more shocking, acts of 'aggravated homosexuality' will earn the death penalty. Now it is alleged that those moral paragons who brought us prostitution for Jesus not only support the bill, but are the authors of the measure. David Bahati, the Ugandan MP who introduced the legislation, is reported to be a member of The Family, The Children of God, The Family International, The Fellowship or whatever they happen to be calling themselves this week. For our purposes, let’s just call them The Cult. According to author Jeff Sharlet, who lived among them 7 years ago, The Cult has also funneled millions of dollars into Uganda, and prominent Cult members, such as U.S. Senator James Inhofe, have actively recruited leadership in that nation. To anyone familiar with The Cult’s beliefs, their involvement in the matter will hardly come as a surprise. According to this radical brand of Christianity, even THINKING of homosexual acts is just plain wrong... unless you’re thinking of sex with Jesus, and you pretend you’re female. If you're a woman who enjoys a bit of girl-on-girl, that's also okay, so long as you don’t practice lesbian sex to the total exclusion of penis.'

Thank you to Sarah Hajibagheri, on work experience at The Times, for helping compile the links in this post.

Members of the European Parliament ask Germany to properly apply EU legislation for a gay asylum seeker from Iran

On 18 March Members of the European Parliament's Intergroup on Gay and Lesbian Rights sent a letter to the German Minister of Justice Brigitte Zypries and Minister of the Interior Wolfgang Schäuble asking them to find a proper solution for an Iranian gay asylum seeker who has seen his asylum application being rejected in Germany.

"We would like to remind you that Member States of the European Union cannot apply European and national laws and procedures in a way resulting in the expulsion of persons to a third country where they would risk persecution, torture and death, as this would amount to a violation of European and international human rights obligations," states the letter to the German ministers.

Members of the Intergroup also reminded the ministers that Iran is one of the 7 countries in the world punishing homosexual citizens with death penalty. The MEPs urged the ministers to find a solution for the Iranian asylum seeker not to be deported back to the country where he will be prosecuted because of his sexual orientation

Last year the European Parliament issued a resolution Nr.B6-0111/2008 on a similar case involving Mr. Mehdi Kazemi, who also risked deportation from the EU to Iran. The resolution called upon Member States for proper and full application of the Qualifications Directive (Nr.2004/84/EC) and urged them to take actions to avoid that similar situation would happen in the future. Mr. Kazemi was given leave to remain in the UK.

The letter has been signed by the President of the Intergroup Michael Cashman, Vice-Presidents Sophie In´t Veld, Raúl Romeva, Lissy Gröner and member of the Intergroup Baroness Sarah Ludford.

For further information on the Intergroup please visit our website:
http://www.lgbt-ep.eu

Representatives of European Parliament's Intergroup on Gay and Lesbian Rights:
President: Michael Cashman MEP (UK/PSE)
Vice-President: Lissy Gröner MEP (DE/PSE)
Vice-President: Sophie in 't Veld MEP (ALDE)
Vice-President: Raül Romeva MEP (G/EFA)
Vice-President: Sirpa Pietikäinen MEP (EPP-ED)

EU MEPs protest anti-LGBT Nigeria

Yesterday, one of the official intergroups of the European Parliament, the Intergroup on Gay and Lesbian Rights, asked for the suspension of all EU foreign aid to Nigeria in reaction to the 18 January passage of legislation banning same-sex marriages by the Nigerian House of Representatives.

Before this measure was even passed, Nigerian law was already some of the most Anti-Gay in the world.

In a statement release on their website Michael Cashman, President of the LGBT Intergroup said:

I do not understand how legislators in such a big and diverse country can be so cruel and indifferent to millions of their own people who are already such a marginalised and oppressed minority in their country."

Vice-President Sirpa Pietikäinen also added:

I am really surprised that no politician in the House of Representatives stood up against this proposal to state-sponsored homophobia. From our history in Europe we know what atrocities can be caused by disrespect of minority rights. The African continent unfortunately has similar experiences. That is why I am ashamed of the Nigerian politicians who do not dare to stand up against inequality."

But one Nigerian representative, Igo Aguma, said it was against the religious beliefs of Nigerians as well as the country’s penal code to “engage in activities that are as quarrelsome as this between man and man, as well as women and women.” Nigeria is 50 percent Muslim, 40 percent Christian with animists making up 10 ten percent.

It is time for us at this point in time to think back and look at the scourge of HIV/AIDS. The greatest means of transmitting this disease is through the act of sodomy. Young children are already victims of been lured into this cruel and unimaginable act. It is an act of perversion,”

While it is true that HIV/AIDS is on the rise in Nigeria, this probably has more to do with poverty, government corruption and religious bigotry, and a Nigerian government study on aids say, "Some 80% of HIV infections in Nigeria are transmitted through heterosexual sex…".

In 2007 Anglican Archbishop Peter Akinola of Nigeria, who said, “Homosexuality and lesbianism are inhuman. Those who practice them are insane, satanic and are not fit to live because they are rebels to God’s purpose for man,” pushed for laws in Nigeria that provided for five year’s imprisonment to anyone who “goes through the ceremony of marriage with a person of the same sex,” “performs, witnesses, aids or abets the ceremony of same sex marriage” or “is involved in the registration of gay clubs, societies and organizations, sustenance, procession or meetings, publicity and public show of same sex amorous relationship directly or indirectly in public and in private.”

There are nearly 18 million active Anglicans in Nigeria.

Source

Cyprus grants asylum to gay Iranian

MEPs have welcomed the decision of Cyprus interior minister to grant resident status to an gay Iranian asylum seeker.

Labour's Michael Cashman, Lib Dem Baroness Ludford, Tory John Bowis and Greens Jean Lambert and Caroline Lucas were among 13 MEPs who put their name to a parliamentary question to the European Commission on the issue.

They wanted to know if the refusal of asylum to Abbas Bagherian by Cyprus on the grounds of sexual orientation was a breach of EU directives.

After Cypriot MEP Panayiotis Demetriou raised the case in discussions with the interior minister, Mr Bagherian was granted residency.

"I strongly welcome the decision to allow Mr Bagherian to remain in Cyprus," said Baroness Ludford, Liberal Democrat justice and human rights spokeswoman and an MEP for London.

"A rejection of his application and his return to Iran would have left him vulnerable to imprisonment, torture and in the worst case the death penalty, simply for being gay.

"I hope that we are starting to see a general move in EU countries to recognise the validity of asylum claims based on the risk of persecution due to sexual orientation.

"There should be a consistent EU policy, because such fears may be absolutely justified regarding a country like Iran."

According to Doros Polykarpou, the director the Cypriot immigrant support group KISA, Mr Bagherian came to Cyprus and applied for asylum in June 2004 and for the last three years he has been living with his Cypriot partner.

Mr Bagherian had an initial interview at the Asylum Service in July 2005. At the interview, he was did not reveal that the real cause of his persecution in Iran was his sexual orientation. This was because he was afraid that this information would have been leaked to the Iranian authorities and, in case of a rejection of his application, he would face imprisonment, torture or even death sentence if he was returned to Iran.

Then in April 2007, he informed the Asylum Service of his sexuality and had another interview, saying he was arrested and detained at the age of 15 because of his homosexual relations.

In addition, Mr Bagherian informed the Asylum Service that he had been arrested a further four times by the authorities in Iran and had detained and beaten up.

Source Source

Great support for gay immigration group

Source: UKLGIG

Sir Ian McKellan and other illustrious guests support UK Lesbian and Gay Immigration Group fund raising evening

At a fund raising evening held on Friday 20 June, an illustrious group gathered to support UKLGIGs work on behalf of LGBT asylum seekers and same sex bi-national couples.

Sir Ian McKellan, Michael Cashman MEP, Evan Harris MP, Simon Hughes MP and Ben Summerskill spoke to an audience of over 100 people, emphasising the pressing need to help LGBT asylum seekers in the UK and also the need to change attitudes towards LGBT people around the world.

Sebastian Rocca, Executive Director of UKLGIG said: We are extremely grateful to be able to call upon the support of such inspirational people. Despite the constant pressure of raising funds, we will not only continue our very successful work in helping LGBT people obtain the sanctuary they deserve, but also ensure that LGBT issues are always considered and included in the Home Office agenda.

The evening was rounded off with moving testimony from an Iranian gay and a Jamaican lesbian asylum seeker, comedy from TetraFlap (a lesbian comedy duo) and a performance from Ngati Ranana London Maori Club.

Over the last year, UKLGIG has helped more than 200 LGBT asylum seekers by providing information on the asylum process, finding expert legal representation, providing research and a safe environment for mutual support and has continued to give support to bi-national same sex couples.

Letter of thanks from Mehdi

I found out on Monday 19th of May 2008 that the government had granted me refugee status for the next five years. I am so happy about this and I just want to say thank you to all the people of Britain, The Netherlands, Italy and across Europe, Canada, America and the world, who have shown their concern for me, who have given me the support that I really needed and who have worked very hard to help me through difficult times and to get me to where I am now. I wouldn’t be alive if hadn’t been for your help. I will never forget everything that you have done.

I also want to say thank you to all the organisations who campaigned on my behalf, especially the EveryOne Group, Dutch COC, IRQO and Human Rights Watch, to UK Gay News and The Independent newspaper who chose to tell my story and to raise awareness of my plight. Thank you to the Members of Parliament in the UK, the Netherlands, in particular Mr Boris van der Ham, and the EU, Marco Cappato, Marco Pannella, Sophia in 't Veld and especially Mr Michael Cashman MEP, who asked the UK government to grant me asylum. I have written a separate letter to the Home Secretary to thank her for granting me refugee status, and to the Members of the British, Dutch and European Parliaments to thank them for their help. Thank you to Mr B.A Palm who represented me in The Netherlands and to my representative in this country, Gabriella Bettiga at Lawrence Lupin Solicitors, who helped me to make a fresh claim for asylum.

I would also like to say some very special thanks. I would like to say thank you to my local MP, Mr Simon Hughes, and his team who gave me the chance to live and made a miracle happen when he heard that my life was in serious danger and asked the Home Office to suspend my deportation in December 2006. I would not be here if it hadn’t been for his intervention. He was here for me then and he was here for me again when I was eventually sent back to the UK in April this year. I do not know if I would have been granted my refugee status without him.
I also wish to say the biggest thank you to my uncles, for all their support, for accepting me for who I am, for their hard work, for everything they’ve done for me, and most of all for their love.

I am so lucky to have them as my uncles and I am so proud of them.

Life has been very hard for me ever since I heard that my former boyfriend had been executed. I was very scared about what would happen to me and this is why I claimed asylum in the UK. I knew that the people of this country accepted homosexuality and that the government gave equal rights to people regardless of their sexuality. So when my asylum claim was refused I was shocked and very disappointed. I had expected more. I had expected to be given the same rights as people here. I thought the government would understand the very difficult situation that I was in.

I couldn’t understand why my claim was refused and then I felt that the judge didn’t listen to me at my appeal. I was detained very soon after my appeal was dismissed and things happened very quickly. One minute I was still going to school in Brighton and the next minute I was told that they had signed a deportation order against me and I would be going back in Iran a few days later. I was devastated and I felt that I was only one step away from death. I was told that I could appeal against the decision to deport me once I was back in Iran, but I thought, how can this be possible? Who will appeal? My dead body? I knew that only a miracle could save me then.

At this point, my uncle, with whom I had originally lived with when I arrived in the UK, contacted the local MP, Simon Hughes. He managed to suspend the deportation order just in time. I couldn’t believe that I had been given another chance. I was temporarily released but I was very scared that I would be in the same situation again just a few months later. I realised that I was not safe in the UK so I decided to flee. I had hoped to go to Canada, but I was arrested in the Czech Republic, taken to Germany and then I escaped again to Holland. I had heard that Holland had a special concession for gay Iranian asylum seekers and that they had a fairer law.

I spent about a year in Holland after I claimed asylum there. It was a very difficult year for me. Asylum seekers have no real rights. All you are allowed to be is an asylum seeker. You cannot study, or work, or do anything. You are only allowed to breathe. I did meet some very kind people in the Netherlands who went out of their way to help me and who became good friends. I would like to go back to see them some time soon. Eventually my asylum claim was refused again, this time in Holland, because under the European Regulation you have to be given asylum in the first country that you arrive in. I was very upset about this decision and I became very depressed. I thought, at least I have tried to save my life, I tried everything that I could but it didn’t work, and you can’t do anymore than that. I had had enough. I just wanted everything to be over. I didn’t want to live anymore.

I was returned to the UK in April. I was very scared but I was so pleased to see my uncles again. I had missed them very much. I was also very grateful and reassured by my local MP, Simon, who told me he would do everything he could to help. My family and I met with him very soon after I came back to the UK and he took the time to really listen to me. He asked me about what I had been through and he explained that he would tell the Home Office and the government why I should be allowed to stay in this country. He put me in touch with the solicitors who helped me to make a new claim for asylum. I am so grateful to Gabriella at Lawrence Lupin Solicitors for all her hard work and all the help she gave me. Simon also wrote a letter to the Home Office in support of my claim. I hadn’t expected to receive so much help and I really felt that there were people here who were fighting my corner.

I was told on Monday that the government had granted me refugee status. I cannot really say how good I feel. It’s the best news I have ever had. I am relieved and just very very happy. I feel that I can start to live again, to plan my life and my future. I can pick up where I left off when my situation became so difficult a couple of years ago. So I am back now and living with one of my uncles. I am making plans to continue with my studies. I would really like to go to university to study Pharmacology.

I am very much looking forward to the future and to doing all the things I thought I would no longer be able to do. But I do miss my family and my friends back at home, and I miss Iran. It is where I come from, Iran is my country and I think it is very sad that people there do not have the same rights as they do in this country and that this means I cannot live there at the moment. I hope that one day I will be safe and that I can live in my country again. I hope that other people in similar situations to mine will have the same rights, that they will no longer fear for their lives and they will have the freedom to live as they want to live and be who they are regardless of their sexuality.

But for now, I am so grateful to be here and to be safe. I want to say thank you again to the people of Britain, The Netherlands, Italy and across Europe, Canada, America and the world for their understanding, for giving me the right to live and to be who I am and who I want to be.

I do not want to say any more than this at the moment and I do not want the media to contact me because I would like to protect my life, my safety and my security. I just want to say thank you.

Mehdi

More Labour support for Mehdi

A UK gay Labour MEP has issued a press release saying that he's organising a meeting with the Home Office about Mehdi for Friday 11th. Michael Cashman joins the internal Labour pressure from an Early Day Motion and lobbying, as well as the work of fellow MEPs who pushed a resolution of support through the European Parliament.

“I trust that the UK government will do the right thing in relation to Mehdi,” he says.

Michael Cashman MEP speaks on Mehdi Kazemi

News update

CNN obtained the following from the Home Office today (my emphasis):

In a written statement, Britain's Home Office said that even though homosexuality is illegal in Iran and homosexuals do experience discrimination, it does not believe that homosexuals are routinely persecuted purely on the basis of their sexuality

This is the first time anyone has got them to actually state this.

Dutch radio: Netherlands Democratic MP Boris Ham has asked Deputy Justice Minister Nebahat Albayrak to discuss the matter with the UK authorities to prevent Mr Kazemi being deported to Iran.

Interview by frictiontv with Omar Kuddus of the Uk gayasylum group about the Mehdi Kazemi case. This interview was conducted prior to the Dutch court's decision to return Mehdi to the UK.

Strong CNN story (link to video) today (thanks Alphonso) includes Mehdi's uncle, Simon Hughes and Peter Tatchell. It also quotes the Home Office policy.



From Saturday 8th, interview with Pegah Emambakhsh (NB: RealAudio, media may not be available for more than a week) and Lady Haleh Afshar on the Today Show (Radio 4).

Pegah transcript:

If the British government could prove to me that I would be safe in Iran and to be able to lead a normal life and to be myself I would be very happy to go back to Iran. I had to leave my old father, my ill mother and young sister. I have two lovely children which their father took away from me. i had to give this all up because my life was at risk. At the moment I was safe because I am in England but my life is very difficult. I miss my family and more than anything I am worried all the time that the police will suddenly arrest me and send me back.

Today said that the Home Office has agreed to accept new legal representation for her, despite her losing her last appeal in January.

The interviewer, Edward Stourton, asked if Iranians would pretend to be gay if Home Office policy changed. Haleh Afshar pointed out that there is an enormous social taboo against lesbians and gays.

Ben Summerskill, chief executive of Stonewall, said today that the organisation is "deeply disturbed" about his case.

"There is incontrovertible evidence that lesbian and gay people face danger in Iran and we will be raising this once again with the Home Secretary."

A question of ethics, editorial from newspaper of leading US university Rutgers.

FoxNews story.

British gay MEP Michael Cashman will raise Mehdi's case in the European Parliament later this week.

A Dutch newspaper today quotes Mehdi's Dutch lawyer B. Palm (sorry, Google translation) on what legal hopes there are:

A country may grant asylum even if someone has already made an application in another European country. The Netherlands has a different view on the situation of homosexuals in Iran than Britain. The rules assume that a person seeking asylum in any European country has an equal chance to get asylum. In this case this is not the case.

He hopes that Secretary for Justice Albayrak, who Aliens Office, the matter pull and ensure that Mehdi not returning to Iran.

She is also being lobbied by Dutch MP Boris van der Ham Kamervragen.

Writing in The Irish Times, Quentin Fottrell expresses concern that

The British government isn't the only one tightening the screws on the asylum process of late: our own is keen to clear a backlog of 9,427 asylum applications it has racked up since 2000 . . . one way or another. And, because, where the UK leads on asylum/immigration issues, we invariably follow.

Ireland doesn't give numbers on gay refugee cases, and many are unlikely to declare their sexuality for fear of being "outed" and having to go back if their case is refused, like Kazemi. On that basis, Muslims from brutal regimes are unlikely to make a "study" of gay refugee cases. It would be too hazardous if they failed. Many more have hidden their sexuality their whole life and they choose other reasons for seeking asylum.

On the upside, one Irish lawyer told me he has successfully processed 30 cases of gay refugees, helped by the fact that the 1996 Refugee Act and the new Bill cite sexual orientation under "social group" as a basis for seeking asylum. Dublin-based gay teenage group Belong2 have also worked with several gay teenage refugees. Their two most recent cases - from Albania and Kenya - are now studying in college.

However, direct provision centre staff need more intercultural training, especially on bullying. I've heard of three cases, one of a gay Romanian man who left his accommodation in Cork due to harassment, a Kenyan man in Dublin ostracised because he was damned if he was going to deny his sexuality after everything he had been through, and a Kenyan lesbian in accommodation who hides her sexuality to survive.