Criminalisation across Africa
Same-sex conduct is criminalised in over 30 African states. Penalties range from imprisonment to, in Uganda, the death penalty for aggravated homosexuality under the Anti-Homosexuality Act 2023. Nigeria's Same Sex Marriage Prohibition Act 2014 imposes up to 14 years imprisonment with nationwide application.
Ghana's Human Sexual Rights and Family Values Bill (2024) would significantly expand criminalisation if enacted. Kenya, Tanzania, Cameroon, and Guinea maintain criminalising frameworks with varying enforcement intensity.
The HJ (Iran) standard and expert evidence
In HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31, the Supreme Court held that asylum seekers should not be required to conceal their sexuality to avoid persecution. Expert witnesses do not determine sexuality - they provide country conditions evidence on whether openly LGBTQI+ individuals face persecution in the relevant country.
Reports must address enforcement practice, not merely the text of criminal laws. De facto persecution in states without formal criminalisation - or with limited enforcement - still requires expert analysis.
Internal relocation and LGBTQI+ claims
Internal relocation is rarely viable for LGBTQI+ asylum claims from Africa. Where criminalisation applies nationwide - as under Uganda's AHA 2023 or Nigeria's SSMPA - the Home Office cannot reasonably argue that relocation within the country eliminates risk.
Expert witnesses should address this explicitly, documenting nationwide legal frameworks, community attitudes, and the absence of safe internal relocation options.
Country conditions report content
LGBTQI+ expert reports should cover: the legal framework and penalties; enforcement practice by police and courts; community and family-based violence; state complicity or failure to protect; availability of LGBTQI+ NGOs; media and social media exposure risk; and consistency of the claimant's account with documented conditions.
Country-specific expertise is essential. An expert on Uganda cannot credibly report on Nigeria without dedicated knowledge of that jurisdiction.