A new chapter in EU asylum policy could have serious consequences for queer refugees: On Tuesday, the European Parliament approved an EU-wide list of so-called safe countries of origin — including nations that ban homosexuality or torture queer people. The decision is part of broad reforms under the framework of the Common European Asylum System, which are set to take effect in June.
396 Members of the European Parliament voted in favor of the new asylum policy, 226 against, and there were 30 abstentions. Those voting yes included not only the conservative European People’s Party (EPP) but also the right-wing populist or far-right blocs EKR, PfE and ESN. Most Social Democrats, Liberals, Greens and Left Party members voted against.
The EU member states and the Parliament have concretely adopted a list of seven third countries that should receive the label “safe country of origin”: Bangladesh, Colombia, India, Kosovo, Egypt, Morocco, and Tunisia. At the same time, EU candidate countries like Turkey should generally be regarded as safe, as long as there is no war or grave human rights violations detected.
For asylum seekers from these countries, the designation means: their application will no longer be thoroughly evaluated, unless they have irrefutable evidence of danger. Refugees from “safe” countries will also have fewer rights when appealing and in access to the labor market and social benefits in many member states.
Up to 17 years in prison for homosexuality
For queer refugees this is a problem: In three of the countries — Egypt, Morocco, and Tunisia — gay and lesbian people face prison sentences because of their sexual orientation. In Morocco and Tunisia, homosexuality carries up to three years in prison. In Egypt, homosexuals can be punished under vaguely drafted morality laws with prison terms of up to 17 years plus forced labor. There are also reports from Tunisia that alleged homosexuals may be subjected to so-called anal tests (Queer.de reported). An anti-queer wave of arrests was also reported from the authoritarian-ruled country last year (Queer.de reported).
Facebook | Green Party politician Erik Marquardt criticized the new law
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The European Parliament also voted to allow EU countries to agree with third countries that they will take in migrants and that asylum applications will then be filed and processed there. Exceptions apply only for unaccompanied minors. There is no rule prohibiting that homosexuality be legal in those third countries. Queer refugees could therefore face detention there as well.
The Court of Justice of the European Union (CJEU) had, last year, ruled that a country can only be deemed “safe” if certain groups of people, such as homosexual people, can live there safely as well (Queer.de reported). Yet the EU asylum system is currently under heavy pressure, in part due to the success of right-wing populist and far-right parties across Europe. Human rights and refugee groups warn that the planned reforms signal a trend toward increasingly restrictive migration policies that could erode fundamental protection principles.
“A very dark day for human rights in the EU”
“This is a very dark day for human rights in the EU,” said Olivia Sundberg Diez of Amnesty International. “This assault on the right to asylum comes while a range of restrictive deportation measures are still being negotiated. With this vote, the European Parliament capitulates to a decades-long campaign to erode human rights — beginning with the rights of asylum seekers, refugees and migrants. This troubling political pivot attacks the core of the EU’s fundamental principles.”
Germany’s black-red federal government also seeks to grant the “safe” designation to more queer-hostile regimes — specifically Algeria, Morocco, Tunisia. The democratic opposition and queer organizations sharply criticize these plans (Queer.de reported). (dk)
