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LGBTQ+ ASYLUM LAW in ISRAEL How Does the State of Israel Deal with the Question of LGBTQ+ Asylum Seekers to Present Itself As a Safe Haven?

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LGBTQ+ ASYLUM LAW in ISRAEL How Does the State of Israel Deal with the Question of LGBTQ+ Asylum Seekers to Present Itself As a Safe Haven? THE SEARCH FOR A SAFE HAVEN: LGBTQ+ ASYLUM LAW IN ISRAEL How does the state of Israel deal with the question of LGBTQ+ asylum seekers to present itself as a safe haven? Word count: 17.789 Rosanne Van de Vijver Student number: 01712399 Supervisor: Prof. Dr. Omar Jabary Salamanca Academic Dissertation A dissertation submitted to Ghent University in partial fulfillment of the requirements for the degree of Master of Science in Conflict and Development Studies Academic year: 2019-2020 Deze pagina is niet beschikbaar omdat ze persoonsgegevens bevat. Universiteitsbibliotheek Gent, 2021. This page is not available because it contains personal information. Ghent Universit , Librar , 2021. iii Abstract Deze verhandeling onderzoekt de aanpak van Israël omtrent LGBTQ+ asielaanvragen. Israël presenteert zichzelf als een veilige haven voor de LGBTQ+ gemeenschap. Verwezenlijkt Israël deze claim binnen het kader van asielwetgeving? Dit onderzoek is gebaseerd op een literatuurstudie van het internationale en nationale wettelijk kader rond vluchtelingen en asiel. Meer specifiek wordt de asielaanvraag op basis van vrees voor vervolging door seksuele oriëntatie onderzocht. Daarnaast wordt de literatuur rond de presentatie van Israël bestudeerd: de concepten homonationalisme en pinkwashing worden onder de loep genomen, alsook de situatie van LGBTQ+ binnen Israël. Er wordt kritisch vergeleken of de wetgeving en presentatie van Israël naar de buitenwereld toe correspondeert met de acties ten aanzien van LGBTQ+ asielzoekers. Dit gebeurt aan de hand van cijfers omtrent het herkenningspercentage en via specifieke cases en getuigenissen. Er wordt gefocust op de grootste groepering asielzoekers in Israël, asielzoekers van Afrikaanse herkomst. Daarenboven wordt de situatie van LGBTQ+ Palestijnen geanalyseerd. Deze verhandeling concludeert dat de presentatie van Israël als veilige haven niet correspondeert met de acties van Israël ten aanzien van LGBTQ+ asielzoekers. Aan de hand van pinkwashing profileert Israël zich als een open en tolerant land. Zo tracht Israël erkenning en sympathie op te wekken bij Westerse landen. Deze praktijk poogt daarnaast aan de aandacht van de bezetting van de Palestijnse Gebieden te onttrekken. De oppervlakkige profilering van Israël slaat aan via bijvoorbeeld toerisme gefocust op LGBTQ+. Dit onderzoek besluit echter dat openheid en tolerantie tegenover LGBTQ+ misleidend is: deze openheid en tolerantie focust zich enkel op joodse Israëlische LGBTQ+ leden door de geïnstitutionaliseerde discriminatie in Israël. Bijgevolg kan dit niet open en tolerant genoemd worden. iv Acknowledgement I am pleased to acknowledge several people who helped me finish this long term journey that is my dissertation. First and foremost, I would like to thank my promotor, prof. dr. Omar Jabary Salamanca. Next, I would like to pay my gratitude to the people from Hotline for Refugees and Migrants and HIAS for helping me with several sources. Furthermore, I would like to thank my parents for giving me the opportunity to study. Additionally, I would like to thank my team of moral support and endless enthusiasm, Leonie Mertens and Daya Buyle. Lastly, I would like to express my gratitude to Floris Van de Vijver for all the time and effort he put into reading and correcting this dissertation, as well as encouraging me unconditionally. v Table of Contents Abstract iv Acknowledgement v 1. Introduction 1 1.1. Research Method 2 1.2. Terminology 3 2. Asylum claim Based on Sexual Orientation 4 2.1. International Refugee Law 4 2.1.2. Non-Refoulement 5 2.2. Asylum Claim based on Sexual Orientation and its Obstacles 6 2.2.2. Argument of Criminalisation 9 2.2.3. Argument of Credibility 9 2.3. Conclusion 11 3. Asylum policy in Israel 12 3.1. Foundation of Israel’s Immigration law and Asylum Policy 12 3.2. Refugee Status Determination Process 15 3.3. Non-Removal Policy and Group Protection 17 3.4. Recognition Rate 18 3.5. Summarily Rejection 19 3.6. Palestinians 20 3.7. Conclusion 22 4. Homonationalism and Pinkwashing 23 4.1. Homonationalism 23 4.2. The Practice of 'Pinkwashing’ by Israel 25 4.3. Conclusion 27 5. LGBTQ+ in Israel 29 5.1. Start of LGBTQ+ Visibility 29 5.2. Start of the Legal Recognition 30 5.2.1 Children 30 5.2.2. Marriage 31 5.2.3. Social and Political Recognition 31 5.3. Conclusion 32 6. LGBTQ+ Asylum Seekers in Israel 33 6.1. African LGBTQ+ Asylum Applications 33 6.2. Ambiguity of the Refugee Status Determination Process for LGBTQ+ 34 6.3. LGBTQ+ Palestinians in Israel 37 6.4. After the Rejection 38 6.5. Conclusion 39 7. Conclusion 40 vi Reference List 41 Appendix 46 vii 1. Introduction In light of pride month in June of 2020, ‘Hotline for Refugees and Migrants – Israel’ wrote a post on Facebook regarding LGBTQ+ asylum seekers (Hotline for Refugees and Migrants – Israel, 2020). The text includes several short testimonials of LGBTQ+ members seeking asylum in Israel, including: “Paul (pseudonym) is an asylum seeker from Ghana, persecuted in his home country for being gay. Here in Israel he has become involved with the LGBTQ+ community, even volunteering for the Aguda LGBT Task Force, but his asylum claim was rejected, leaving him without status and exposed to the threat of deportation.” (Hotline for Refugees and Migrants – Israel, 2020) “Jenny and Masha (pseudonyms) are a couple seeking asylum from Russia and Ukraine, who came to Israel after being persecuted in Russia for their political activities as women's and LGBTQ+ rights activists. They have yet to receive answers on their asylum claims.” (Hotline for Refugees and Migrants – Israel, 2020) The search for a safe place and space to express one’s sexual identity leads some LGBTQ+ asylum seekers to Israel. Israel promotes itself as an advanced and liberal state to gain support from Western countries. Among other subjects, Israel advertises the freedom that LGBTQ+ members enjoy to support its credibility. The freedom portrayed by Israel casts a shadow over the occupation of Palestine done by Israel. Additionally, Israel claims to be the only country in its region that is a safe haven for the LGBTQ+ community. A favourite topic in regards to this promotion is the city of Tel Aviv, one of the most popular destinations for gay tourism during the past decade. This strategy is called ‘pinkwashing’. This academic dissertation explores the question of LGBTQ+ asylum seekers and the allegations of ‘pinkwashing’ in Israel. How does the state of Israel deal with LGBTQ+ asylum application to present itself as a safe haven? Paul, Jenny and Masha have applied for asylum in Israel based on their sexual identity. This thesis will first research the Israeli legal frame for asylum in Israel. Currently a total of round 30.000 asylum seekers reside in Israel. 92% of asylum seekers in Israel originate from Eritrea (73%) and Sudan (19%) (Hotline for Refugees and Migrants – Israel, 2020). Among these 30.000 asylum seekers, several asylum seekers are looking for a safe haven to express their sexual orientation and gender identity. Has Israel granted asylum based on sexual orientation in the past? How does Israel approach these kinds of asylum cases? To answer these questions, I research the legal claim for 1 asylum based on sexual orientation, both internationally as in Israel. I analyse Israel’s asylum law and look into judicial precedents. To better comprehend the context of these asylum claims, I explore the notion of homonationalism and pinkwashing. Next to this theoretical framework, I look into the evolution of LGBTQ+ acceptance in Israel. Fleeing to Israel can be explained by several push- and pull factors. Though there are plenty of push factors for LGBTQ+ members, this thesis will mainly focus on the pull factors for migration to Israel as an LGBTQ+ member. The focus is thus on the response of Israel to those searching for that safe haven Israel has been claiming to provide. 1.1. RESEARCH METHOD This academic dissertation is based on a literature review. The legal framework for asylum claims based on sexual orientation and the context of homonationalism and pinkwashing in Israel is reviewed and researched. The literature study on asylum claims contains a critical comparison of theoretical framework of the asylum system and its implementation. The implementation is analysed based on relevant reports on recognition rates, as well as testimonials of asylum seekers for illustration. A large body of information exists on the different aspects that will be connected throughout this research. To understand the legal framework of asylum, this research finds its basis in the Rufugee Convention of 1951, its Protocol of 1967 and Israeli ntional Laws. This dissertation is partly based on research data of the Refugee Rights Clinic in Tel Aviv by Michael Kagan and Anat Ben-Dor between 2003 and 2007. With assistance of the Hotline for Refugees and Migrants – Israel and HIAS, I was able to gather the most accurate data available on asylum in Israel at the submission of the dissertation. This research is build on the body of literature surrounding ‘pinkwashing’ and ‘homonationalism’ that has been created over the passed decade. Scholars such as Jasbir Puar, Sarah Schulman and Jason Ritchie have delved into these topics extensively. By critically analysing the collected data and literature, this academic dissertation provides a description of the legal framework of asylum claims nationally and internationally in light of pinkwashing and homonationalism in Israel. This research contains qualitative data to reflect experiences of LGBTQ+ asylum seekers in the context of Israel. This research experienced challenges regarding accurate and reliable data on asylum applications in Israel. Several academic sources mention the ambiguity of state documents on the immigration and 2 asylum system. The Immigration Authority has been accused of being unwilling to publicise data on asylum applications. Following the sources used in this dissertation, this research only uses data that has been published in more than one statistic of state documents and data that has been publicized by international organizations, such as UNHCR.
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