Carle Jasmin (Image : AI / Gay Globe)
A terrible human drama is currently unfolding in Africa, with the adoption of new laws toughening sanctions against members of LGBT communities. These can range from simple fines, often impossible to pay, to prison sentences, torture, or even the death penalty.
In 2026, several African jurisdictions still provide for the death penalty for certain consensual same-sex sexual acts, but an important distinction must be made between “the death penalty is provided for by law” and “LGBT people are actually executed for homosexuality.”
One of the main challenges remains access to reliable information. Many are unaware that they can request international protection or do not know how to begin the process. Some also fear contacting aid organizations out of fear of being reported to the authorities or to those around them.
LGBT people who arrive in a host country must also recount often traumatic experiences before immigration officers or courts. This step can be particularly difficult for those who have been victims of violence, threats, or who have lived for years in fear of revealing their sexual orientation or gender identity.
Community LGBT organizations therefore play an essential role by offering accompaniment, legal assistance, psychological support, and sometimes temporary housing. For many asylum seekers, these resources represent the first real opportunity to live openly and in safety.
The main cases are:
| 🇲🇷 Mauritania | The law provides for death by stoning for a Muslim man who has sexual relations with another man. However, the country has observed a de facto moratorium on executions since 1987. |
| 🇺🇬 Ouganda | The 2023 law provides for the death penalty for certain forms of “aggravated homosexuality,” notably in certain circumstances and for repeat offenders. |
| 🇳🇬 Nigeria | The death penalty may apply in 12 northern states that apply criminal provisions inspired by Sharia. It therefore does not apply uniformly across the entire Nigerian territory. |
At the Gay Globe editorial office, for example, we receive numerous requests for help and information regarding the steps to obtain refugee status. In 2026, the number of these requests has reached a record level. Here is what you need to know.
For many persecuted LGBT people around the world, obtaining refugee status represents far more than an administrative procedure: it is the official recognition that a return to their country of origin could put their life, liberty, or safety in danger. This protection makes it possible to flee systems in which identity or sexual orientation become grounds for persecution.
The vast majority of democratic countries in Europe and America today recognize that persecution based on sexual orientation, gender identity, or gender expression can constitute a valid ground for obtaining refugee status. This recognition stems from the 1951 Convention relating to the Status of Refugees, which protects, among others, people persecuted because of their membership in a “particular social group.” LGBT people are generally considered as being able to belong to this category.
North America
Canada 🇨🇦 Canada is one of the countries that has developed a clear recognition of asylum claims linked to LGBT persecution. A person can request protection if they demonstrate that they risk persecution because of their sexual orientation, gender identity, or gender expression.
United States 🇺🇸 The United States has recognized for several decades that persecutions linked to sexual orientation or gender identity can justify an asylum claim. Decisions are, however, individual and depend on the evidence presented and the assessment of the risk.
Mexico 🇲🇽 Mexico also recognizes asylum claims based on persecutions linked to sexual orientation or gender identity.
Europe
In the European Union, LGBT people can obtain international protection when they demonstrate a real risk of persecution in their country of origin. Among the countries that regularly receive claims linked to LGBT persecution:
- 🇫🇷 France
- 🇩🇪 Germany
- 🇳🇱 Netherlands
- 🇧🇪 Belgium
- 🇪🇸 Spain
- 🇵🇹 Portugal
- 🇮🇹 Italy
- 🇸🇪 Sweden
- 🇩🇰 Denmark
- 🇫🇮 Finland
- 🇳🇴 Norway
- 🇨🇭 Switzerland
- 🇬🇧 United Kingdom
These countries can recognize as refugees LGBT people who demonstrate, for example, that they risk imprisonment, violence, torture, police persecution, or that they cannot live freely because of their identity.
The procedure for applying for refugee status depends on the country where the person seeks protection, but the principle is generally the same: they must demonstrate that they cannot return to their country of origin because they risk serious persecution there, notably because of their sexual orientation, gender identity, or gender expression.
In the case of an LGBT person, a solid claim usually rests on the following elements:
- Submit an application to the competent authorities of the host country The person must present an asylum or international protection claim as soon as they are eligible to do so. Depending on the country, the claim can be made at a border, in an airport, at an immigration office, or before a specialized body.
- Clearly explain the grounds for persecution The person must recount their story in detail:
- the threats received;
- the violence suffered;
- arrests or police interventions;
- serious discrimination;
- the risks linked to the laws of their country;
- the impossibility of living openly their sexual orientation or gender identity.
- Provide evidence whenever possible Evidence may include:
- identity documents;
- medical or police reports;
- threatening messages;
- testimonies from relatives;
- press articles on the LGBT situation in the country of origin;
- evidence of community or associative activities;
- any document demonstrating the risk incurred.
The absence of documents does not, however, automatically mean a refusal: many people flee in an emergency and cannot keep everything.
- Attend an interview or a hearing The authorities assess the credibility of the account, the situation in the country of origin, and the level of danger. The person must demonstrate that their fear is real and well-founded.
- Receive a decision If the claim is accepted, the person obtains protection and can generally remain legally in the host country. If it is refused, there are often appeal or review mechanisms.
For many LGBT people from Africa, the asylum claim often represents the last possibility of escaping an environment in which their identity can expose them to prison, violence, or death. Some are accompanied by international organizations before their departure, while others must wait until they reach a border or a safe territory to officially request protection.
RESOURCES
Here is a list of 10 recognized international organizations that support LGBT people facing discrimination, persecution, or violence in their country of origin. They can offer information, legal support, accompaniment, documentation on human rights violations, or help direct people toward local and international resources.
| Organisation | Rôle principal |
|---|---|
| ILGA World | World federation defending the rights of lesbian, gay, bisexual, trans and intersex people. It documents anti-LGBT laws, produces international reports and supports local organisations. |
| Human Dignity Trust | Organisation specialised in the fight against laws criminalising homosexuality. It provides legal expertise and supports strategic litigation. |
| Rainbow Railroad | Canadian organisation that helps LGBT people living under the threat of violence or persecution to access protection pathways and emergency support. |
| OutRight International | Defends LGBT rights before the United Nations and documents persecutions in several regions of the world. |
| Amnesty International | Documents human rights violations, including persecutions based on sexual orientation and gender identity, and conducts international campaigns. |
| Human Rights Watch | Investigates LGBT rights violations around the world and publishes reports intended for governments and international institutions. |
| United Nations High Commissioner for Refugees (HCR) | United Nations agency responsible for the protection of refugees. It recognises persecuted LGBT people as potentially in need of international protection. |
| International Lesbian, Gay, Bisexual, Trans and Intersex Association Europe (ILGA-Europe) | Defends LGBT rights in Europe and accompanies organisations and activists facing discrimination. |
| TGEU | International network devoted to the rights of trans people. It produces research and supports trans communities facing violence and discrimination. |
| Asylum Access | Helps refugees and displaced persons know their rights, notably access to protection procedures and legal services. |
These organizations generally cannot “get a person out” of their country automatically, nor guarantee a visa or refugee status, but they can play a crucial role by providing information, documenting the risks, and directing people toward the appropriate procedures.
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