La Cour nationale du droit d’asile, N°24009761, 2024
- Category: Case Law
- Source: National Authorities
- Subject: Sexual Orientation/Sexuality, Refugee/Asylum
- Place: Europe, Other
- Year: 2024
- File: CNDA, 17 juillet 2024, M. G., n° 24009761 C
- URL: https://ecre.us1.list-manage.com/track/click?u=8e3ebd297b1510becc6d6d690&id=31a425c1e8&e=fad312e39c
La Cour nationale du droit d’asile (5ème Section, 4ème Chambre), N°24009761, M. G.. 17 juillet 2024
“France: CNDA grants refugee status to a Togolese and a Burkinabe who fear persecution on the grounds of homosexuality
In two decisions adopted on the 17th July 2024 (M.N., N° 24008057 and M.G. N° 24009761), the CNDA granted refugee status to a Togolese and a Burkinabé national on the grounds of the risks they faced in their country of origin on account of their belonging to a particular social group, within the meaning of Article 1(A)(2) of the 1951 Geneva Convention, characerised by their sexual orientation.
The first case concerned a Togolese national who submitted an international protection application in France based on his fear that, if he returned to his country of origin, he would be exposed to persecution on the grounds of his sexual orientation. On the basis of publicly available documentary sources, which describe the legal provisions prohibiting same-sex relations that are likely to be used against members of the LGBTI community in Togo, the arbitrary arrests and harassment to which LGBTI people are exposed by the police authorities and the societal discrimination to which they are subjected, the CNDA found that homosexual people in Togo constitute a particular social group within the meaning of the 1951 Geneva Convention and granted the applicant refugee status.
The second case concerned a Burkinabé national who submitted an international protection application in France based on his fear that, if he returned to his country of origin, he would be exposed to persecution or serious harm by his family and members of the Burkinabé society on the grounds of his sexual orientation without being able to avail himself of the protection of the national authorities. In reaching its decision, the CNDA relied on publicly available documentary sources, which highlight the stigmatisation, discrimination, social violence, ill-treatment and humiliation to which LGBTI people are routinely subjected in the country, including by members of the security forces. It also noted that, while homosexuality is not currently criminalised in Burkina Faso, a bill to prohibit and criminalise it, which meets the aspirations of influential segments of civil society, was adopted by the Council of Ministers on 10 July 2024.”
[Source: ELENA Weekly Legal Update – 20 September 2024]