Excluding countries that criminalise homosexuality from the list of safe countries of origin

16.4.2018

Question for written answer E-002150-18
to the Commission
Rule 130
Beatriz Becerra Basterrechea (ALDE)

France’s National Assembly has adopted an amendment to its draft asylum and immigration law to exclude countries that consider homosexuality a crime from the list of safe countries of origin.

According to the Council of Europe (Recommendation 1470 (2000)), the fact that its member states do not all address the right to asylum in the same way has left many LGBTI asylum-seekers with no protection in the ongoing migration crisis.

This is despite the fact that EU legislation (Directive 2011/95/EU) includes sexual orientation and gender identity as factors that must be considered in applications for international protection, as the Commission acknowledged in its answer to my question No E‐005913/2015.

1. Will the Commission draw up a list of safe countries of origin for LGBTI persons, to serve as a guide for Member States in decisions on asylum applications?

2. Does it believe there is a need to harmonise national applications of the concepts of safe country of origin, as provided for in Directive 2013/32/EU, in order to take the LGBTI issue into account?

3. How can the European Asylum Support Office convince the Member States to make the LGBTI issue a determining factor when applying the concept of a safe country of origin?