The Scars That Tell The Truth

The Nigerian president Goodluck Jonathan is currently deciding whether to sign a law passed by the Nigerian Senate in November that would ban same-sex marriage, one that would carry with it a sentence of up to 14 years in prison. Against this openly hostile backdrop, Uche Nnabuife, a gay Nigerian in London faces an anxious wait to appeal a contentious decision to return him to his country of origin.

Living up to professed standards

To qualify for asylum under UK law, one must have a "well-founded fear of persecution", for a reason specified in the 1951 Refugee Convention - claims based upon sexual orientation fall within these requirements. And in recent years, courts have shown increasingly progressive interpretations of this right. In 2010, the case HJ Iran and HT Cameroon widened the test for "persecution" to centre on whether applicants could be reasonably expected to tolerate hiding their sexuality. Yet the Home Office and the UK courts are out of kilter, and these standards have seen dubious implementation.   

To help ascertain the sincerity of an applicant's fear, the UK Border Agency has country of origin profiles. Under their own admission, "Even in Africa - a continent not known for its gay-friendly cultures - Nigeria stands out for the virulence and violence against gay men in particular". In the face of this guidance, and seemingly against best practice, Uche's cry for help has been turned down. 

Credible practice?

His character has been assassinated and his story called into question. And as he goes into what may be his last attempt to secure sanctuary in the UK, new evidence definitively corroborates what he has said all along; he suffered persecution because he was gay and it would be unsafe and unreasonable for him to be returned.

It should come as no surprise that death threats regularly appear in the Nigerian press. However, Uche has been singled out and personally threatened with ‘Jungle Justice’ on internet forums. The Nigerian newspaper, National Times reported on his story on 11 April 2011: “Uche Nnabuife, a gay Nigerian has been warned not to come back to Nigeria, or his body would not be found.” This story included a photograph of Uche.

While the Home Office acknowledge the existence of the National Times, in their latest decision on 2 December 2011,they doubt the credibility of the report, stating that it could have been fabricated.

In 2008 Rev. Jide Macauley was forced to flee to the UK after members of the House of Rainbow Metropolitan Community Church, an LGBT- friendly church in Lagos, were stoned and beaten. The attacks occurred after four newspapers published photographs, names, and addresses of church members.

Macauley, who now lives in London, suggests the Home Office have not been prudent:

"If anything appears about Nigerian gays overseas it will be picked up. Nigeria is big on blogging and the newspapers are interested in what sells - and homosexuality does sell...The last thing people want is to be in the Nigerian papers. Any publicity for [asylum] cases is a LAST resort. The death threat is real, 'jungle justice' is real... My home was vandalised whilst I wasn't there, if I had been I would have been killed."

The United Kingdom Shuffle

The Home Office’s decision on Uche’s case states that if the newspaper is found to be real, he can be deported to anywhere but the northern state of Benue where they say it is published, where he can live discretely. This is not simply a far cry from HJ Iran and HT Cameroon, this is wilful ignorance of the widespread prevalence of homophobia. This tactic, known as the 'Internal Flight Alternative', is simply another legal loophole not written into the Refugee Convention - an interpretative leap of faith. As Nigeria's same sex relations bill looms ominously, this comment is made to look even more ludicrous.

The Home Office do not believe that Uche is gay, because he did not reveal all of the traumatic details of his story straight away and because he has served time for a criminal conviction since being in the UK. He was convicted in 2009 of possession of cannabis with intention to supply and of the possession of cocaine. He has served his time, has put this behind him, and is now using his experience to help others in this position. But should one served sentence be rewarded with another punishment? 

In 1990 Uche was discovered with another man and was strung up, badly beaten, burnt and abused leading to several weeks in hospital. After the attack in his village and subsequent hospitalisation, his family disowned him. On the streets and desperate, he was advised to use an agent to leave the country. His then boyfriend introduced him to a man who gave him work as a male prostitute, in order to raise enough money to leave the country. During this time the house that they were living and working in was attacked. Fearing for his life, Uche was smuggled into the UK in a car in 2005.

Scars are traditionally taken to be a decisive factor in granting asylum. His fresh claim includes the evidence of a doctor for the charity Medical Justice showing that Uche's scars directly match what has been telling the British authorities for three years. The doctor who examined him said that his mental state lent “further weight to the veracity of his claims”: 

“Given the ferocity of his assault and the extent of his scars, it is understandable that he fears further persecution in Nigeria.”

Uche was detained from November 2009 until October 2011. There is a mountain of evidence of the long-term harm done when those who have suffered torture are detained; Uche also experienced harassment by other detainees. The Home Office do not believe his scars to be the result of torture. It is not clear how their expertise surpasses the medical profession and first-hand experience.

Uche was only granted bail following the intervention of the charity, Bail for Immigration Detainees. Uche has provided evidence about his sexuality. Six witnesses including his ex-partner have given evidence. More have been added as his case has been appealed. Every single one has discounted simply because his conviction ‘undermined his credibility’, whatever their own nationality or immigration status. Finally released on bail, he has been able to gain the support of the UK Lesbian and Gay Immigration Group.

Growing support

Detention centre visitor Bryony Whitmarsh has provided vital support to Uche:

“Until meeting Uche, I knew that claiming asylum is a long and complex process, but had not appreciated how a whole system can be stacked against someone. Just imagine how an individual forced to work as a rent boy feels when told that the court recognises that this “may be embarrassing”! That because of a typo in one witness statement none of your other witnesses can be believed, even those who have known you for over 7 years.

"Simply because a doctor did not make a detailed record of every one of your scars, this is somehow made to be your fault. That because you were convicted for a drugs offence, nothing you say can ever be believed again and you’re not worthy of defence by your own MP. You’re not allowed the opportunity of bail to fight your case or demonstrate your lifestyle. You’re afraid to discuss your sexuality in detention for fear of reprisal. You don’t have the skills to mount your own case or the money for a solicitor. You can’t even speak to your own caseworker on the phone. Uche has had a variety of legal counsel, as would appear to be common – it is by luck that he now has expert legal representation.

"Despite all of this, Uche remains as calm as he can be. He has become a great friend. Above all he has hope – the one thing that can’t be taken away, hope that one day someone will simply believe him.”

Uche’s recent Judicial Review was farcical. The Home Office based their argument on a previous decision, one subsequently rescinded, and maintained that his claim was without merit and does not warrant an in-country right of appeal. This was despite overwhelming evidence to the contrary and despite representations being served on April 19, 2011. The court ordered the Home Office to make a decision within 7 days; now over 20 days ago. Meanwhile, Uche is still threatened with deportation to a country that is punishing homosexuality, pending the outcome of his High Court of Justice hearing.

How much longer these deflection tactics can be employed by the Home Office cannot be known. However, if this worrying trend continues, lasting damage to its reputation could be done.  

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