Gay refugees meet hostility in ‘liberal’ South Africa

SA IS one of only seven countries in the world that grants refugee status on the basis of sexual orientation. But people seeking that relief are battling as much as other refugees in the country.

In Uganda, homosexual acts are punishable with life imprisonment; in Mozambique with three years' imprisonment, and with seven years in Botswana.

In SA, the constitution outlaws discrimination on the basis of sexuality and the country is the only one on the continent that permits same-sex marriage.

Unsurprisingly, many African gay people are coming to SA not only to enjoy freedom from sexual persecution, but also to apply for refugee status based on that persecution.

"It's a healthier atmosphere," says Cary Johnson, senior specialist for Africa with the International Gay and Lesbian Human Rights Council. They can build lives here."

Gays and lesbians are entitled to apply for refugee status as they are classified as being part of a "social group". But the process of applying for asylum, like for so many other refugee applicants, can be long and difficult.

Lawyer Abeda Bahmjee represented Azu Ubongu, from Nigeria, who in 2002 was one of the earliest applicants for asylum in SA on the basis of sexual persecution .

"It was very rare," she says. "In my experience they (sexual refugees) are more willing to put forward a political case, though it is more weak."

Gay refugees meet hostility in 'liberal' SA
Business Day, South Africa