The State Council withdrew on Friday, July 2, from a list of so-called “safe” countries in the French republics of Benin, Senegal and Ghana, in a decision that was primarily motivated by the security of the LGBT people and the desire to offer their countrymen confidence in the most lenient asylum procedure in France.
This List of 16 countries drawn by Afra (French Office for the Protection of Refugees and Non-State Persons) is the subject of a legal battle that began in late 2019, after the enactment of the Asylum and Immigration Act, which exposes the practice of deporting citizens of these countries, even before their asylum application is first rejected.
The controversial list has not changed since 2015
After Afra decided on November 5, 2019 not to change this list, many associations turned to the highest executive court, which has remained unchanged since 2015. “Afra’s Board of Directors’ November 5, 2019 Debate Canceled” And “Republics of Benin, Senegal and Ghana” Should be removed from this list, the state council ruled in a decision released Friday.
So the nationals of these three countries will no longer be subjected to the hasty procedures of seeking asylum, which is another consequence of putting one country on the list.
Regarding Benin, Afra had already decided in September 2020 Pause his quality “Safe Country” For twelve months, without being removed from this list. For Senegal and Ghana, these are related risks “Sexual orientation” Of their compatriots who encouraged the decision. State Council Detailed:
“Considering the existence of legislative provisions in Senegal and Ghana that penalize homosexual relations and the continuation of behaviors encouraged, supported or simply tolerated by the authorities in these countries, it leads to fears that people will actually be exposed [des] Risks, without making the error of assessment, these states cannot be considered as safe other countries in examining the applications submitted by their countrymen. “
At the forefront of this file is Ardis (Association for the Recognition of the Rights of the Homosexuals and Immigrants and Residents) with Ad Lou Moulec-Rue, with Agencies France-Press (AFP) “Half-hearted success”. “We are pleased that the State Council has upheld the spirit of the law by removing countries that impose homosexual penalties from this list., Ruled the president of the association “Full list must be canceled”.
Another union party in the file is the Refugee Forum-Kochi, “Congratulations to yourself” A result “It improves the practical guarantees and reception conditions for the citizens of these countries.”, Nearly 2,000 of them will seek asylum in France by 2020, 1,600 to Senegal alone.
This removal from the list is reversible, “This means that asylum seekers from these countries must reclassify their application under normal procedure.” Not to be further accelerated, the forum refugees-Kosi believes.
Another effect: “The results of the expulsion against them while the CNDA was at the pre-appeal stage [Cour nationale du droit d’asile] Withdrawal of material reception terms is no longer justified [notamment financières], So it needs to be re-established ”, Pleases the association.
For its part, Afra “Takes note”, With AFP, this is a decision “Does not affect the need for an individual choice (…) Asylum seekers from these countries and the opportunity for these countries to benefit from refugee status (…) When this experiment reveals the need for security ”. ” about this “, Continues Afra, demands based on sexual orientation or gender identity “Special Attention” From agents “Specially trained on these issues related to intimacy”.