LGBTIQ+ Refugees Should Be Able To Seek Asylum In Malta, Says Aditus Foundation
Right now, there are several LGBTIQ+ refugees fleeing persecution from their countries because they face unfair criminal punishment due to their sexual orientation and/or gender identity.
And unfortunately, since some of these countries that criminalise LGBTIQ+ persons are considered safe under Malta’s asylum legislation, many refugees are rushed through the asylum procedure, denied basic guarantees and often refused the ability to appeal a negative decision.
Therefore, Aditus Foundation has proposed the #Safe4All Legal Initiative which consists of a bill to amend Malta’s asylum legislation in order to ensure the safety of LGBTIQ+ refugees.
The bill was presented to Parliamentary Secretary for Reforms and Equality Rebecca Buttigieg as part of Malta Pride 2022.
“With this initiative, we are inviting the Parliament Secretary to commit to genuinely putting LGBTIQ+ equality into practice in terms of the spirit of Malta’s LGBTIQ Equality Strategy and Action Plan.
“It is our view that this is a violation of EU law and goes contrary to international human rights standards,” the Maltese NGO explained.
According to Aditus, Malta is endorsing State persecution of LGBTIQ+ persons to institutionalised discrimination and imprisonment.
Aditus is proposing the deletion of Algeria, Bangladesh, Benin, Botswana, Egypt, Jamaica, Ghana, Morocco, Senegal and Tunisia from the Schedule to the International Protection Act.
These are the reasons that these countries are unsafe for the LGBTIQ+ community.
Algeria: the criminalisation of consensual same-sex activities and public decency provisions with up to three years imprisonment. Along with laws targeting freedom of speech and NGOs/activists.
Bangladesh: the highest punishment for “unnatural intercourses” is life imprisonment, but lesser jail terms can go up to 10 years in prison.
Morocco: same-sex sexual activity is prohibited under the Penal Code 1962 which criminalised “lewd or unnatural acts” and this carries a maximum penalty of three years imprisonment and a fine. There are also laws targeting freedom of speech and NGOs/activists, according to Aditus.
Tunisia: the Penal Code 1913 prohibits same-sex sexual activity and criminalised acts of “sodomy”. It carries a maximum penalty of three years.
Egypt: laws that criminalise acts of “indecency”, “scandalous acts” and “debauchery” which carry a prison sentence of up to three years, do not explicitly criminalise same-sex sexual activity but they have been enforced against the LGBTIQ+ community. Members of the community are commonly subject to arrest, abuse and harassment.
Ghana: “unnatural” consenting sexual intercourse is penalised with up to three years of imprisonment. These only affect men who have sex with men and not women who engage in same-sex intercourse. Nonetheless, both are commonly detained.
Senegal: homosexual activity can be penalised with imprisonment of one to five years, along with a significant fine. LGBTQIA+ people are also frequently subject to arrest and arbitrary detention where they are vulnerable to torture.
Jamaica: homosexuality is criminalised with a sentence that can go up to 10 years of imprisonment with hard labour for those convicted of the “abominable crime of buggery”.
Aditus went on to explain that they understand that not all LGBTIQ+ asylum applicants are refugees
Neither are they asking for different treatment from non-LGBTIQ+ applicants. Aditus is simply arguing LGBTIQ+ refugees should be given a fair and equal chance to present their cases.
To read the full explanatory note, click here.
“If Malta wants to be a global beacon for LGBTIQ+ rights while hosting Euro Pride 2023, it cannot continue ignoring the plight of LGBTIQ+ refugees reaching its shores. Malta must be #Safe4All .”
Meanwhile, Malta Gay Rights Movement even produced a documentary, Rainbow Bridge, which tells the story of three LGBTIQ+ migrants detailing their stories about their journey to Malta.
Do you think Malta’s asylum legislation requires an amendment?
READ NEXT: The Earth Is Bordering Five ‘Dangerous’ Climate Tipping Points, New Study Confirms
