OUT OF AFRICA – PART2 – FELIX’S STORY

Last week, Uganda’s homophobic policies were back in the spotlight when the highly controversial Anti-Homosexuality Bill was re-introduced in the Ugandan Parliament by conservative MP David Bahati. Under the bill, gay and lesbian people in Uganda could face the death penalty for so-called “aggravated homosexuality” – a definition which includes consensual sexual conduct. Xav Judd talks to Ugandan refugee Felix Wamala

When Felix Wamala arrived in the United Kingdom in 1995, he wasn’t here just for a vacation. Unfortunately, he’d had to flee his homeland, Uganda, because if you are gay, it is one of the most hostile places in the world.

Indeed, the illegality of homosexuality was enshrined in the 1950 Penal Code Act, with fourteen years being the current penalty for those found ‘guilty’.

And, recently, this African state has adopted an even more bigoted approach to non-straights: in 2009, the Anti-Homosexuality Bill introduced the possibility of the death penalty for same-sex relations.

Due to condemnation by international governments and the threat of withdrawal of foreign aid, it appears that this has now been commuted to life imprisonment. The legislation was eventually dropped.

Until last week, when the bill was re-introduced by conservative MP David Bahati. With this draconian piece of legislation looming, Felix left and came to Britain hoping that he could pass through our asylum system and seek refuge on our shores.

Seventeen years later, and now 40, he still hasn’t been granted citizenship and finds himself in a detention centre at Heathrow Airport. So what went wrong? This is his story:

 

“I was not out in my teens [in Uganda], as I was still trying to establish my sexual orientation,” states Felix. “However, I knew that homosexuality was a taboo, not acceptable in society and something that was not easy to discuss.

What made things worse, was that my mother was opposed to me being gay and told me ‘you can’t say that is what you are’, before even taking steps to organize an arranged marriage for me,” he continues. In the end, Felix’s mum accepted that he wasn’t straight.

And when his job as a Youth Mobiliser, which entailed educating and rallying adolescents in opposition against the government, led him to being tortured by the state, she helped him to escape from the country.

When Felix arrived here he requested asylum and one would have thought he had a good chance of being successful judging by a statement from the UK Border Agency’s (UKBA) website, “The UK has a proud tradition of providing a place of safety for genuine refugees.”

Notwithstanding, a catalogue of unfortunate circumstances and blunders has resulted in Felix still being in limbo nearly two decades later. In fact, a difficulty with his first submission for asylum was that the solicitors dealing with the case, Bharesha and Company, went into administration in 1997.

This may partly explain why his refusal for application was sent to the wrong address, with Felix not even finding out that he had been turned down until 2006 when he was detained by immigration.

“Felix was interrogated then tortured due to his sexuality.”

Felix admits that this knock back ‘hit him hard’, but it was ‘no excuse’ for him turning to drugs. Eventually the police caught up with his criminality, which led to him being thrown out of Great Britain in 1999.

Now in Uganda again and without a passport as he’d initially left there without one, Felix was interrogated then tortured due to his sexuality. Luckily, in less than two weeks, he made it back to our shores, but it was the same old merry-go-around in respect of seeking asylum.

A major problem for Felix and for other non-straight refugees in his position is having to prove their sexual orientation during the claim procedure. Of course, firstly, it can be hard for them to even open up about their sexual preferences at all, especially if they have been raped or persecuted in some other way.

And, even if they do, how does one conclusively substantiate one’s sexuality when the authorities are actively seeking out bogus claimants?

Indeed, a Fast Tier Appeal against refusal on the grounds of human rights concerning Felix’s case was rejected in 2006, with the inference being that said rights would not be violated on account of his sexuality, if he were to be sent back to East Africa.

Strangely, he says he never put together such a submission and it was carried out in his absence and without his knowledge. Likewise, another blunder was made in Felix’s last asylum denial in 2010: his file was lost and the Home Office did not even know if he was from Uganda or Kenya.

As a result of this latest failed application, Felix was initially dumped in Brixton prison. Notwithstanding, another inmate there somehow found out he was gay and attacked him, so Felix was transferred to Brook House immigration removal centre.

And, on Christmas Eve, 2011, the security firm the UKBA use (Reliance) acted on a deportation order to return him to his home country. When they put him on to a Qatar Air jet, Felix alleges he was assaulted as they twisted his neck during a struggle.

In the end, seeing that he was not on their plane of his own will, the crew of the aircraft saw he was escorted off.

Currently, Felix is in a cell in Colnbrook detention centre, “The conditions are deplorable: I am locked up a lot of the time, it’s not clean, there’s almost no access to computers or healthcare.

You know, it’s like a prison,” he intones. “I am waiting for the UKBA to reconsider my case on three separate grounds: my MP has made a representation on my behalf; the fourteen year rule [If someone has resided here for over 14 years, regardless of whether they were here legally or illegally, they may be eligible for indefinite leave to remain], and a legacy application [people who requested asylum before March 2007 who are still here can ask for a permanent stay].”

Felix is certain that the fact he is not straight means he will be tortured anew, if he is once again forced back to Uganda. Nevertheless, until a decision is finalised one way or another, all he can do is sit and wait…

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