MIKI, Hyogo — In search of freedom to love the partner of their choice, a couple from Tanzania which criminalizes same-sex sexual activity fled to Japan and have been seeking protection as refugees.
A 29-year-old man, who was arrested in Tanzania on the grounds of homosexuality, and his 45-year-old partner applied for refugee status in Japan, citing the possibility that they will be subjected to life imprisonment if they return home. However, the Immigration Services Agency of Japan rejected the application, stating that it "cannot recognize the credibility" regarding their claims on threats to their physical safety due to persecution. The two submitted another application in September when their period of stay expired. They have been calling on Japan to help free them from fears of discrimination and violence.
The 29-year-old man is from Dar es Salaam, the largest city in Tanzania. He lived with his parents, who make a living through wholesaling agricultural produce, and his sisters. He began to be aware of his sexuality at age 13.
In Tanzania, a maximum penalty of life imprisonment is imposed on people who partake in same-sex sexual acts. According to a report by the international human rights organization Amnesty International, 13 individuals, including activists who support sexual minorities, were arrested by police in Tanzania in 2017, while 10 gay men were arrested in 2018. In 2019, Tanzania banned activities by groups supporting sexual minorities.
The man snuck out to visit communities for gay people, while making sure not to be found by others. This was his way of keeping peace of mind.
In July 2019, he was arrested for allegedly engaging in homosexual acts. He was seized by two police officers, and was assaulted inside a car, as they yelled "Do not corrupt Tanzania."
While in detention, he slept with his body curled up on a concrete floor in a room occupied by seven inmates. He was given only one meal per day. About two weeks later, he was released from prison after his mother collected money from relatives. In January 2020, he left the country with his partner by using a short-term stay visa he acquired through work.
The man, who sold imported bicycle parts, had stayed in west Japan's Hyogo Prefecture for three months each in 2016 and 2017 for work, tasked with packing components into shipping containers. From these visits, he had the impression that Japan was a safe country with no racial discrimination, and that in this country, he would have the freedom to be with his beloved partner without being in a state of fear. Seeking a future life in Japan, he went to the Hyogo Prefecture city of Miki by relying on a fellow Tanzanian who runs a company.
He and his partner applied for refugee status in April 2020, insisting that it was possible that they would be persecuted by the Tanzanian government and police. However, immigration officials did not deem this claim credible, and dismissed the application. Though they lodged an appeal in February 2021, this was also rejected. Their "designated activities" residency status, which is granted to refugee applicants, expired on Sept. 18, 2022. During September, they reapplied for refugee status with the Kobe District Immigration Services Office of the Osaka Regional Immigration Services Bureau. If this gets turned down, they apparently may be detained for overstaying their visa.
Ministry of Justice statistics show that between 2016 and 2019, more than 10,000 people applied for asylum in Japan every year, but only 20 to 44 individuals were granted refugee status. The recognition rate falls below 0.5%, and it is difficult to acquire refugee status in Japan.
According to a report by the nongovernmental organization International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), 69 countries, including those in Africa and the Middle East, legally ban same-sex sexual activities, as of December 2020.
Ritsumeikan University professor Sayaka Ogawa pointed out that in African countries, laws banning homosexuality were enacted during the colonial period, and there is "strong opposition against LGBT and other sexual minorities." She said there are reports on cases of persecution of not only sexual minorities themselves, but also their family, within the community and society.
On the Tanzanian couple's situation, Ogawa commented, "In the case that they will be exposed to physical danger after returning to their country, it is necessary to protect them as refugees. The immigration agency must make the appropriate decision while considering the situation of respective countries."
In Japan, there have only been three cases of individuals being granted refugee status on the grounds of persecution against homosexuality, according to the Immigration Services Agency. One case involved the refugee's imprisonment in their home country for sexual acts with a person of the same sex, and in another case, a relative who found homosexuality a disgrace fired a gun at the refugee. The third case involved sexual violence with the purpose of altering sexual orientation.
"If we return to our home country, we will be exposed to danger again, and cannot live in peace. I'd like to live happily with my dear partner in Japan," said the 29-year-old Tanzanian man.
(Japanese original by Kotaro Ono, Kobe Bureau)
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