Refugee and Asylum issues

Guidelines and reports on international protection of LGBT refugees and asylum seekers.

Documents

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Mean Streets: Identifying and Responding to Urban Refugees' Risks of Gender-Based Violence Mean Streets: Identifying and Responding to Urban Refugees' Risks of Gender-Based Violence

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Date added: 10/06/2017
Date modified: 10/06/2017
Filesize: 1.68 MB
Downloads: 308

feb 2016

2016, 148 pages

The Women’s Refugee Commission  research focuses on the needs of  refugees , identifies solutions and advocates for programs and policies to strengthen their resilience and drive change in humanitarian practice. This research was conducted in Ecuador, Lebanon, Uganda, and India,  where the emphasis is  on the urban refugees who face gender-based violence risks as a result of multiple and complex unmet social, medical, and economic needs, as well as intersecting oppressions based on race, ethnicity, nationality, language, class, gender, sexual orientation, and disability. The project looked separately at the GBV risks of different urban refugee subpopulations: women; adolescent girls; lesbian, gay, bisexual, transgender, and intersex (LGBTI) individuals; persons with disabilities; and male survivors of sexual violence. Refugees engaged in sex work were added as a subpopulation, due to their invisibility and the heightened GBV risks they face.

 

UNHCR guidance note on refugee claims relating to sexual orientation and gender identity UNHCR guidance note on refugee claims relating to sexual orientation and gender identity

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Date added: 08/14/2012
Date modified: 08/14/2012
Filesize: 231.35 kB
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United Nations High Commissioner for Refugees (UNHCR) Protection Policy and Legal Advice Section Division of International Protection Services Geneva.

This Note provides guidance in respect of refugee claims related to sexual orientation and gender identity.

The persecution of people because of their sexual orientation and gender identity is not a new phenomenon. It is only in more recent years that a growing number of asylum claims has been made by lesbian, gay, bisexual and transgender (“LGBT”) individuals. This has necessitated greater awareness among decision-makers of the specific experiences of LGBT asylum-seekers and a deeper examination of the legal questions involved.

Through analyzing international legal principles, jurisprudence and other relevant materials, these Guidance Notes from UNHCR seek to clarify applicable law and legal standards with the aim of providing guidance in the particular thematic area concerned. The ultimate purpose is to enhance the delivery of protection to refugees and asylum-seekers through adherence to international standards in refugee protection.

When related to refugee status determination, the Guidance Notes supplement and should be read in conjunction with the relevant Guidelines on International Protection. The Guidance Notes are developed to respond to emerging operational needs and legal issues and do not necessarily follow the same extensive drafting process as the Guidelines on International Protection.

Informal Meeting of Experts on Refugee Claims relating to Sexual Orientation and Gender Identity Informal Meeting of Experts on Refugee Claims relating to Sexual Orientation and Gender Identity

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Date added: 06/14/2012
Date modified: 06/14/2012
Filesize: 314.26 kB
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On 10 September 2011, the Office of the United Nations High Commissioner for Refugees (UNHCR), the International Association of Refugee Law Judges (IARLJ) and the European Legal Network on Asylum (ELENA) of the European Council for Refugees and Exiles (ECRE), convened an expert meeting aimed at discussing the common issues and challenges facing the judiciary and lawyers/legal representatives in examining asylum claims related to sexual orientation and gender identity.

The focus of the meeting was on the European framework and practice, however, other jurisdictions were also discussed.

Invisible in the City Invisible in the City

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Date added: 05/16/2013
Date modified: 05/16/2013
Filesize: 3.35 MB
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Invisible in the CityFive years ago, there was little discussion of the challenges of LGBTI refugees; today HIAS (Hebrew Immigrant Aid Society) and other refugee/human rights agencies—with full support of the UNHCR—are blazing the trail for enhanced protection of sexual-minority refugees. This report is the result of a one-year qualitative and quantitative research project conducted by HIAS on sexual minority refugees in the urban centers of Ecuador, Ghana, Israel, and Kenya. During the course of the research, interviews were conducted with sexual minority refugees, refugee protection professionals, and sexual minority civil society organizations.

The 43-page report presents the protection gaps facing sexual minority refugees and asylum seekers and offers recommendations for mitigating these gaps.

Addressing this, the report recommends:

  1. UNHCR and refugee NGOs must conduct outreach to sexual minority refugees where they live and work.
  2. UNHCR, governments, and resettlement countries must implement mechanisms to expedite the registration, claim evaluation, and resettlement of at-risk sexual minority refugees.
  3. UNHCR, government agencies, refugee NGOs, service providers, and sexual minority and refugee advocates must coordinate protection strategies and build referral pathways to ensure the greater protection of sexual minority refugees.
  4. UNHCR, government agencies, refugee NGOs, and service providers must regularly train all levels of staff on sensitively serving and protecting sexual minority refugees, and take other steps to create welcoming environments for sexual minorities.
  5. Donors should prioritize funding safe shelter options for sexual minority refugees in urban environments.

Fleeing homophobia - Asylum claims related to sexual orientation and gender identity in Europe Fleeing homophobia - Asylum claims related to sexual orientation and gender identity in Europe

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Date added: 06/14/2012
Date modified: 09/03/2012
Filesize: 1.19 MB
Downloads: 945

Thousands of LGBTI asylum seekers apply for international protection in Europe each year. The European Union and European States have already taken some concrete and positive steps, such as recognising sexual orientation as a persecution ground in Article 10 of the Qualification Directive.

fleeing_homophobiaThis report (2011), however, shows that there are considerable differences in the way in which European States examine LGBTI asylum applications. As Europe aims at creating a Common European Asylum System with a uniform status, this is highly problematic. For example, LGB asylum applicants are regularly returned to countries where they have a well-founded fear of being imprisoned or sentenced to death for engaging in sexual activities with a person of the same gender.

A further example is that serious human rights violations against trans people, occurring on a large scale in many parts of the world, often do not lead to asylum. The study treats specific asylum seekers case stories from a broad range of EU countries. It focuses on 8 concrete issues which affect LGBT asylum seekers that apply for international protection: criminalization, State Protection against non-State Persecution, concealment of sexual orientation or gender identity, internal protection, credibility assessment, late disclosure, country of origin Information, reception and detention.

The report includes 9 main recommendations (page 11) and every chapter ends with a conclusion and recommendations.

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