Envisioning LGBT Refugee Rights in Canada: Exploring Asylum Issues LGBT Asylum Seekers and Refugees: Round Table Dialogue with Service Providers and Conference Presentations
Nick J. Mulé & Erika Gates-Gasse, OCASI June 2012 Acknowledgements
Envisioning LGBT Refugee Rights in Canada: Exploring Asylum Issues was written by Nick J. Mulé and Erika Gates-Gasse, OCASI.
Envisioning Global LGBT Human Rights who took the time to participate in the Round Table: Africans in Partnership against AIDS (APAA), Alliance for South Asian AIDS Prevention,would like toCanadian thank the Hearing following Society, agencies Centre in thefor Victimsfield of Torture, COSTI Immigration Services, Cross Cultural Learning Centre, ERDCO (Ethno-Racial
Church Toronto), OCASI (Ontario Council of Agencies Serving Immigrants), Pride Uganda Alliance International,People with Disabilities Rainbow HealthCoalition Ontario, of Ontario), Silent GriffinVoice, The Centre, 519 MCCTChurch (Metropolitan St. Community Community Centre.
Finally, thanks are extended to Envisioning Global LGBT Human Rights, Principle Investigator,
Tomlinson; and to the members of the Canada Research Team of Envisioning who organized and contributedNancy Nicol; to to the opening Round plenary Table. speakers, El Farouk Khaki, Lisa Gore, Nancy Nicol and Maurice
CivilIn addition Society we Coalition wish to onthank Human the RightsMetropolis and Conference Constitutional presenters: Law & Human Nancy RightsNicol, York Awareness University, and PromotionJennifer Hyndman, Forum (HRAPF), York University, Uganda; CentreSharalyn for Jordan, Refugee Simon Studies; Fraser Adrian University; Jjuuko, and Coordinator El-Farouk Khaki, of the immigration lawyer; and the Rainbow Health Ontario Conference presenters, Phyllis Waugh, Rainbow ofHealth Toronto; Ontario, and Karlene David Lewis-Peart, Williams-Clarke, Black The Coalition 519 Church for AIDS Street Prevention; Community Hurly Centre. Meraveles, Ontario Council of Agencies Serving Immigrants; Nick Mulé, York University; Charmaine Williams, University
The Roundtable and this report have been supported by the Social Sciences and Humanities
Research Council of Canada, York University and the Law Foundation of Ontario. While financially supported by The Law Foundation of Ontario, the findings of this research do not necessarily reflect the views of the Foundation.
Envisioning Global LGBT Human Rights
Envisioning Global LGBT Human Rights Rm.is housed 606, Centre at York for University: Feminist Research
Office6th Floor, Tel: York Research Tower, York University Email:4700 Keele St.,[email protected] Toronto, ON, M3J 1P3 416-736-2100 ext. 44567 Table of Contents
Acknowledgements ...... 1
Introduction ...... 4 Note on Terminology ...... 5
Round Table on LGBT Refugee Issues ...... 6
1) What are the emerging trends and root causes of forced migration for LGBT people? ...... 6
2) What are the experience and obstacles of LGBT asylum seekers while fleeing and upon arrival? ...... 7 a) Housing & poverty ...... 7 b) Refugee claims & the claimant process ...... 7 c) Settlement & integration services ...... 9 d) Intersectionality of identities and oppression, and service silos ...... 10 ...... 11
3) Howe) Mental are organizations health meeting the needs of LGBT refugees? ...... 11
4) How does the current legal climate affect LGBT asylum seekers? ......
Summary: Action Items & Issues for 12 Consideration by Envisioning and Sector as a Whole ......
12 Metropolis Conference ...... 14 LGBT Refugees and Asylum based on Sexual Orientation / Gender Identity ...... 15 16 Ugandan LGBTI Refugee Claimants: In Search for Durable Solutions 17 BillProtecting C-31: Radical Asylum change Rights in for articulated (un)convention(al) immigration Refugees: & refugee policy Community Advocacy and Research on Queer and Trans Refugee Protection ...... 18
Rainbow Health Ontario (RHO) Conference Background on the Envisioning Research Study Positive Spaces Initiative (PSI) - OCASI ...... 21 ...... 22 Among Friends – The 519 Church Street Community Centre ...... 24 PanelHow do Discussion asylum seekers Points find . . . Black . . . Coalition...... for . . AIDS. . . . Prevention ...... (Black. . . . . CAP)? ...... 25 26 29 References ......
30
LGBT Asylum Seekers and Refugees 3 Introduction
as exploitation and extortion by both state and
In 2012, homosexual acts are still criminalized stigmatizing LGBT people. State protection is then Homosexualityin 78 countries continuesand punishable to be by criminalized death in five in compromisednon-state actors. for victims This isof anthis official kind of means violence, of 77%and parts of Commonwealth of two others (Paoli nations, Itaborahy, as a result 2012). of in terms of seeking out and receiving protection. laws created by British colonization. There is Conversely, the absence of criminalization or growing resistance to the laws in a number of repeal of such laws is not to be read as no risk or threat of prosecution or availability of state Court decision in Delhi, India, struck down protections. Hence the importance of recognizing countries. For example in 2009, a historic High that legality represents but one component of homosexual intercourse. a complex scenario in which risk of persecution Section 377 of the Penal Code which criminalized may still exist. This has serious implications with regard to refugee and asylum claim matters important to note that the criminalization of same-sexSpecific to sexual refugees activity and may asylum directly seekers impact itrisk is of persecution. Whether regularly enforced or including determination hearings (Millbank & not, such state sanctioned laws create homophobic EnvisioningBruce-Jones, Globalin Paoli LGBTItaborahy, Human 2012). Rights is an and transphobic environments that render LGBT people vulnerable to various forms of abuse such that is studying these developments, in selected internationalnations that participatory were colonized action research by the project British
Toronto, and funded by the Social Sciences and Envisioning Teams HumanitiesEmpire. The Researchproject is Councilbased at (SSHRC) York University, through The research teams include 33 community a Community-University Research Alliances partners and 30 community and academic grant. Envisioning is fostering links between researchers in 10 countries: Canada and the Global South, and will document 1) Law & Human Rights Mechanisms, with and analyze: representation from Canada, India, Uganda, South Africa Botswana & i) criminalization of people on the basis of sexual orientation and gender identity Jamaica; (SOGI); 2) Asylum, Canada Team; ii) social movement histories resisting 3) Asylum, South Africa Team; criminalization, and seeking to advance 4) Criminalization & Resistance, Africa/ SOGI rights; Canada Team with representation from Uganda, Botswana, South Africa, Kenya & and iii) flight from violence and persecution; Canada; iv) interaction between international 5) Criminalization & Resistance, Caribbean/ treaty body human rights mechanisms Canada Team, with representation from and LGBT rights initiatives. Jamaica, St. Lucia, Belize, Guyana & Envisioning brings together a multi-lingual, Canada; interdisciplinary alliance of community 6) Criminalization & Resistance, India/ Canada Team. based researchers and students to undertake a p a r t n e r s , f i l m m a k e r s , a c a d e m i c a n d c o m m u n i t y -
4 Exploring Asylum Issues and documentary, skills exchange, capacity Note on Terminology enhancementproject of applied and research, knowledge participatory mobilization. video To accomplish these goals, the research team and Sexual orientation and community partners in Canada are partnered gender identity (SOGI) with LGBT and human rights groups based in Canada, the Caribbean, Africa, and India. The use of terms with regard to sexual orientation or gender identity is complex, with historical, regional, cultural, class and activist implications. Canada is one of the few countries that The terms lesbian, gay, bisexual, transgender accept refugee claims on the basis of sexual orientation or gender identity. are used by many activists and human rights (LGBT) are used throughout this project and
This document summarizes three events useworkers of LGBT internationally. is meant to be Others neither may all-embracing use “queer” organized by the Canadian Team of Envisioning noror “sexual exclusive. minorities” As our as research umbrella encompasses words. Our Global LGBT Human Rights: a roundtable many regions and communities we acknowledge discussion about issues experienced by LGBT that terminology may differ from place to place refugees and the agencies that serve them held in or topic to topic.
Sodomy Laws Toronto on February 22, 2012;A Newa panel Balancing discussion Act forat the Sexual National Minority Metropolis Refugees? Conference Potential inImpacts Toronto of Refugeeon March Reform 2, 2012, for entitledLGBT Asylum “ in Canada”; and a panel discussion at the Rainbow Health Ontario TerminologyMost sodomy differs laws in different do not countries, mention and“homosexuality” is complex to (a interpret. term coined Criminal in 1867). codes What we need to know (and do) about the health andConference well-being in Ottawa of LGBT on asylum March seekers 23, 2012,”. entitled “ intercoursemay refer to: against“sodomy”, the “the order habitual of practice nature.” of debauchery”, “indecency”, and “carnal
Moreover, laws are interpreted through callsdomestic for their jurisprudence removal are in resisted. complex ways. In some jurisdictions laws are unenforced, yet
International Impact of Envisioning The United Nations High Commission for Refugees published the “UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity” in 2008. The Envisioning research will have broad applications in light of the Guidance Note, and will contribute to the development of knowledge in this under-researched area.
LGBT Asylum Seekers and Refugees 5 Round Table on LGBT Refugee Issues
1) What are the emerging Toronto-based agencies serving immigrants and refugeesOn February came 22,together 2012, to adiscuss diverse issues group facing of trends and root causes newcomers to Canada who have left their home of forced migration for countries because of violence, persecution and/ or discrimination related to sexual orientation LGBT people? or gender identity/expression (SOGI), as well as the challenges experienced by the agencies Some governments are more actively who serve them. This roundtable was convened criminalizing homosexuality, and as a result, by Envisioning Global LGBT Human Rights round table (RT) participants are seeing more to inform the development of the research people from Africa, the Caribbean, Eastern
networking among the agencies. contrast to state action, another trend that project, methodology and goals and to enhance RTEurope, participants Russia, noted and the is the Middle inaction East. and/ In or inability of states to protect individuals facilitate the discussion: from family members, community members The following questions were used to help and authority figures who marginalize and 1) What are the emerging trends and root abuse them because of their sexual/gender causes of forced migration for LGBT identity/expression, disabilities and/or personal decisions such as refusal to marry. In many cases, the states tacitly condone people? domestic or community-based violence by 2) What are the experience and obstacles of LGBT asylum seekers while fleeing and ongoing colonial influences of western-based upon arrival? evangelicalrefusing to churches acknowledge in Global it. South Moreover, countries the 4)3) How doesare organizations the current legal meeting climate the affectneeds was also noted as fostering homophobia and of LGBT refugees? transphobia, for example in Uganda.
An overviewLGBT asylum of theseekers? resulting round table discussion is presented below. more research on conditions in countries • with RT participants high numbers identified of sexual the orientation need for and gender identity (SOGI) asylum claims as an area of action. “…people who are poor have a disproportionate experience of harm because of their orientation, and these are the people who cannot get here because they don’t have the assets. That situation is only going to get worse.” - RT participant
6 Exploring Asylum Issues 2) What are the experience affordable housing compounds this issue by reducing or eliminating the housing options and and obstacles of LGBT choices of LGBT claimants, often forcing them asylum seekers while to live in unsafe environments where they face stigma and violence. Negative power dynamics fleeing and upon arrival? and other problems can arise from having to ask
The discussion of RT participants focused largely LGBT refugee claimants at increased risk of on the experiences of LGBT asylum seekers upon exploitationfavours because and of vulnerability. housing difficulties, RT participants placing arrival, but one point in particular about the also discussed the fact that many LGBT refugees use shelters, but there are few or no provisions out that many LGBT refugee producing countries that address homophobia and transphobia in the experience of flight was raised. It was pointed shelter system and safety is a constant concern. individuals have to be rich to come to Canada to claimrequire refugee a visa to status. enter Canada, They mustwhich demonstrate often means country of origin to indicate that they’ll return. • LGBTRT participants refugees, andidentified the creation education of policies of that they have significant assets or ties in their However, many LGBT people are often not able to toshelter ensure agencies their safety, about asthe areas specific of action needs1. of and therefore can’t get a visa to enter Canada to get or hold jobs because of the stigma they face, claim refugee status. b) Refugee claims and the claimant process that constitute barriers to seeking asylum: RT participants identified the following issues most vulnerable have the least access to exploration in relations to the claims process A number of questions and areas for further • asylum The requirement as refugees, of adue visa to means discrimination that the were suggested by RT participants, including: and poverty; • What are the most common problems that LGBT refugees face in their claims process? • CaribbeanThere are extremely and African limited countries; services eg one for those seeking to flee persecution in • On what grounds do LGBT claims tend to get denied? What happens to LGBT asylum – in Nairobi; consular/embassy office in all of East Africa seekers whose claims are denied? • How is the claimant process different for asylum process for people who are deaf or LGBT refugees? • living There withis no disabilities.accessibility support in the The discussion of the RT participants touched on
The following experiences and obstacles faced by about the fact that many LGBT refugees often a number of these questions. Participants spoke LGBT asylum seekers upon arrival were discussed: don’t initially claim their sexual orientation or gender identity as the grounds for their refugee claim due to a variety of reasons, including: fear a) Housing & poverty of being sent back, lack of trust, experiences of abuse by the authorities, concerns for safety, or A number of RT participants spoke about the not knowing it is a legal ground for a claim. LGBT problem of LGBT refugee claimants living with family or friends who are not accepting of their is criminalized may be fearful to disclose their sexual orientation or gender identity, and the sexualrefugees or fleeing gender countries orientation/expression where homosexuality to a difficulty in finding safe roommates. Lack of
1 The 519 Church Street Community Centre has done some important work in this area as part of their FTM Safer Shelters Project, and a report produced as part of the project can be found on their website. LGBT Asylum Seekers and Refugees 7 Canada & Asylum Seekers In recent years, service agencies, LGBT and HIV/AIDS education and greater understanding of cultural differences, as prevention groups have reported refugees from the global south may be unaware of, or may not use terms such as ‘lesbian, gay, increasing numbers of LGBT transgender, bisexual,’ which are gender and refugees and immigrants seeking support. The amendments to the contexts. Participants spoke about how many federal immigration legislation sexual identity markers specific to western found in Bill C-31 have raised impose North American/Western notions of how concerns about its impact on LGBT IRB officials (as well as service providers) may refugees coming to Canada. The understanding of cultural differences of gender “being gay” is expressed, and have very little Envisioning research will help to or sexual identity and/or expression. determine the impact of the new legislation as it is implemented. and increasing the awareness and • Documenting different cultural expressions
knowledge of IRB officials on SOGI issues have been forced to hide their sexual orientation participants as an area for action. state official at the border. Many LGBT refugees in the global south was identified by RT participants also spoke about how many throughthroughout building their trust lives; with and afind service disclosure provider to lawyers serving immigrants and refugees are not ora strangerlawyer that extremely LGBT refugees difficult. are It able is oftento disclose only familiar with SOGI issues, including the points their status. raised above about understanding cultural differences. Their lack of expertise in these types Transsexual and transgender refugees may not of cases has the effect of putting their clients, be able to change their legal name and sex on their passport and other documents. Alleged grounds of sexual or gender identity/expression, atwho a disadvantage are refugees because fleeing they persecution often aren’t on able the when entering the country can be grounds for to properly represent the case. deportation.“misrepresentation” of one’s name or sex
cultural competency of lawyers, community • Increasing the awareness, knowledge and • Lack of safety around disclosure of SOGI refugee claims from diverse countries agencies and IRB officials with regard to wherestatus washomosexuality identified as is acriminalized pressing issue, and particularly for those fleeing a country an area for action. of origin was identified by participants as persecution, arrest, violence, and blackmail. officials of the state are associated with There was the concern expressed that there may be connections between an individual’s loss of claim and Canada’s foreign and economic LGBTOne common status to problem Immigration that was and identified Refugee Boardis the relations with their country. difficulties and problems with “proving” one’s
(IRB) officials. In participants’ experiences, IRB officials often base their decisions on stereotypes is gay should act or look like. RT participants “There is this notion at the refugee of what it is to “be gay”, or what someone who board when you have to present a take into account, or have little understanding claim as to how ‘out’ a person is and of,noted the that reality IRB that officials many are LGBT often refugees unwilling have to had to live extremely closeted lives to protect how they socialize. The expectation themselves (for example, marrying and/or is, ‘You’ve been here for a year, how come you don’t have a partner?’ ” - RT participant having children). Moreover, there is a need for 8 Exploring Asylum Issues “People think, ‘I’ve done asylum policy and Canadian foreign relations diversity training,’ • Further research on the relation between could be an area of action, especially in light but…homophobia or heterosexism is rampant.” of the “safe country” changes proposed by Bill - RT participant Finally,C-31. participants spoke about how refugee claimants need to demonstrate a connection and In general, agencies need greater understanding involvement with the LGBT community in order of SOGI issues. to support their claim. They pointed out that since the government), there is a need for corresponding refugee serving agencies believe that they have this is a de-facto requirement by the IRB (and thus noRT (or participants very few) find LGBT that clients, many and immigrant so have and no commitment to providing training to their staff LGBT-specific programs and services, with on LGBT issues. For example, the Ontario Council adequate financial support from government. of Agencies Serving Immigrants (OCASI) provides c) Settlement and integration training for frontline workers on LGBT issues through its Positive Spaces services agencies self-select to receive the training, those who need it the most project,are not butreceiving because it. Refugee claimants and those without legal Another side to this issue is that some service immigration status are not eligible to access agencies were originally founded in a religious federally funded settlement services, and this was context, and the religious values that continue to problem. One RT participant described the issue staff to openly serve LGBT clients and address asidentified particularly by RT participants acute in smaller as a very communities significant theirinform needs. their mandate make it very difficult for outside of Toronto, where there are often fewer alternatives to federally funded settlement services. positive services and programs, as well as • Overall, there is a lack of LGBT and refugee
ineligibility and/or inaccessibility for insufficient training on LGBT issues. These • Documenting the impact of service and recommendations; LGBT refugees and their impacts on claims were identified as areas for further research
Envisioning process was identified as a focus for the of LGBT asylum seekers from other • members RT participants of their also cultural spoke community, about isolation due RT participants project. spoke in depth about the to homophobia or transphobia, leading to homophobia and transphobia that exist in the a lack of family or community-based forms immigrant and refugee serving sector, and refugees. Participants noted that many agencies of supports, and identified this as an area the significant barriers this creates for LGBT claim to be LGBT positive, yet this is often not the requiring further research; experience of LGBT clients who are referred to these agencies by LGBT-focused agencies. Clients • wasDocumenting suggested where as one LGBT focus refugees for interviews go when withthey areLGBT not refugees. finding the For services example, they one need RT participant noted that AIDS service agencies participantare put in the commented position of that trying having to figure to go outto an if the person serving them is a “safe” person. One are increasingly becoming spaces where LGBT newcomers come to access services inclusive, a value that the immigrant and refugee because they know the space is safe. servingLGBT-specific sector agencyoften upholds to find as safe central service its work.is not
LGBT Asylum Seekers and Refugees 9 The current funding environment and the d) Intersectionality of identities announced changes to Canada’s approach to immigration (increased focus on immigrants and oppression, and service silos are leading to increased pressure on immigrant andwho refugee are “job serving ready”, agencies funding to decreases, innovate etc.) and RT participants expressed that there is a need for rethink how they deliver services, with an better understanding of the intersections of LGBT expectation that there will be a reduction in refugee claimants’ identities and the oppressions the number of service providers over time. and issues they experience. Currently, services Partnerships between agencies, and therefore an based on various identity characteristics tend to be delivered in isolation from each other or in rethinking, which RT participants pointed out createsincrease particular in referrals, challenges are a significant for LGBT-focused part of this people and for people living with disabilities, but little“silos”. recognition For example, that there people are can services be affected for LGBT by clients who are dealing with issues of safety to both, and that the intersection of those identities haveagencies to disclose and their their clients. sexual It orientationcan be difficult and/or for gender identity to multiple service providers, can present unique issues. and the lack of LGBT positive agencies often RT participants representing deaf communities
safe referrals. RT participants spoke about the and people living with disabilities identified a needmake toit difficult build relationships for service providers between to various make with disabilities. Such claimants experience significant service gap for LGBT refugees living agencies, their frontline workers and clients to multiple, simultaneous oppressions but have address this issue, and the underlying need for stable funding to support this work. Participants needs. One participant noted that people needing few resources available to address their specific pointed out that LGBT settlement networks were v isual lang uage suppor t are not prov ided w ith the started in the past and then disappeared because necessary resources when making their refugee they could not be sustained after funding cuts. is an accessible space, an RT participant stated thatclaim. many In regards deaf clients to one have LGBT-specific expressed agency not feeling that as points of interest: safe or included, because the agency doesn’t RT participants identified the following questions have the resources for American Sign Language impacting refugee and immigrant serving interpretation at all their events. Participants • agenciesHow are increasinglyand the provision limited of fundingservices discussed the potential for agency partnerships to address this issue. Identifying best practices on this point is important. to LGBT claimants? How are agencies agenciesmanaging strategic the impact? with their funding to In addition, RT participants noted that racism is a • address How are therefugee needs and of thoseimmigrant not eligible serving for serious problem within the LGBT community, and as a result, the needs of racialized LGBT people are not recognized and are not being met. As federally funded services?
with many IRB officials, many individuals within
“We send out a blurb and whoever replies we talk to them about having the trainings. But not a lot of agencies reply because they don’t feel like they have LGBT clients. The EDs [executive directors] don’t want to force their service providers because it goes against their religious beliefs. There’s a misunderstanding. It’s not about religion; it’s about service provision.” - RT participant
10 Exploring Asylum Issues the LGBT community have a Western and white 3) How are organizations understanding of what it is to be gay or transgender. Both of these issues are areas for action. meeting the needs of LGBT refugees? intersectional approach to the provision of • Participants identified a need for an services that are holistic and address LGBT Some RT participants spoke about strategically refugee clients’ lived reality; using their funding, often from a variety of sources, to address the needs of clients who are not covered by CIC funding, but they explained feelings within the LGBT community was that this affects their overall capacity and their • The issue of racism and anti-immigrant ability to provide services to other clients. Envisioning Participants discussed the problem of being also identified as an area of action; researchers should be particularly mindful at over-capacity in providing services to LGBT • ofIt waspeople suggested with disabilities that and the Deaf communities and that we ask explicit recognize the need. refugees, and that funding does not adequately may be. Participants described how some LGBT-focused questions to probe what special issues there agencies write letters for clients to take to the e) Mental health IRB, as proof they use LGBT services in order to support their case. The participants expressed In general, RT participants agreed that there concern that this practice, while necessary in the current system in order to support the safety of newcomers, and in particular for LGBT asylum their clients, is dangerous, unfair and represents are inadequate mental health supports for LGBT a downloading of gatekeeping to agencies. gap in the way mental health services are provided toseekers. those RT going participants through identified the claimant a significant process, and that they need more responsive supports to LGBT service use for the IRB claims process help them deal with the frustration they often • is The an subject issue that of letter should documentation be documented of experience. A participant explained that clients and explored as an area for policy often need to access support in a way that is more recommendations. organic way than how services are currently provided, that they need to access services in ‘real time’. For example, because clients can’t of their clients and the LGBT refugee population predict when they’ll hit a crisis point, there is a Many participants identified advocacy on behalf need to provide drop-in programs so they have play. The current political and funding climate someone to talk to when they need it. On the other hasas aincreased very important, fears of negative but difficult, impacts role on they the organization should they be particularly vocal ‘over-medicalization’ of a population who have about an issue. For example, some agencies sufferedhand, RT stigmatizationparticipants also and flagged medicalization. the dangers of support their clients who have lost their refugee claims by taking their story to the media and connecting them with activists, despite the risk
not to take such actions because of the risk. “There is rampant racism in it can present to the agency. Many others choose the LGBT community and people [are] not being served, especially within the larger LGBT recognized and their needs • community,RT participants about identified the reality public and education, lived [are] not being met.” experiences of LGBT refugees within the - RT participant Canadian system as a priority need.
LGBT Asylum Seekers and Refugees 11 4) How does the current legal Summary: climate affect LGBT Action Items & Issues asylum seekers? for Consideration by
All RT participants expressed concerns that the Envisioning and Sector as a Whole on refugees and in particular on SOGI refugee proposed Bill C-31 will have negative impacts clients. However, the capacity to organize, both and/or inaccessibility for LGBT refugees and inclaims, terms and of resources will have and major in terms effects of potential on their • Documenting the impact of service ineligibility
to critically engaging with the impact of these their impacts on claims process was identified policyrisks tochanges. agencies, was identified as a barrier as a focus for the Envisioning project. • was Documenting suggested where as one LGBT focus refugees for the interviews go when withthey areLGBT not refugees; finding the services they need Canada’s immigration and refugee policy • Documenting the impact of changes to should be particularly mindful of people with the four remaining years of the Envisioning • disabilitiesIt was suggested and the that Deaf Envisioning communities researchers and were identified as areas for research over special issues there may be; raiseproject. awareness about the impact of these that we ask explicit questions to probe what • changes,RT participants in both also the generalidentified public a need and to with Canada’s immigration and refugee policy were refugee claimants. • Documenting the impact of changes to
identified as areas for research over the four remaining years of the Envisioning project; “For claimants there’s a need to show • serviceResearch use and for recommendation the IRB claims process; about the involvement in terms of their hearings. subject of letter documentation of LGBT As part of your evidentiary truth, you to CBSA staff, settlement workers and have to show community involvement. • Lack of safety around disclosure of status Therefore…there has to be programs that are LGBT specific.” lawyers was identified as a pressing issue, particularly for those fleeing a country where - RT participant of the state are associated with persecution, arrest,homosexuality violence, is and criminalized blackmail; and officials
high numbers of sexual orientation and gender • identityMore research (SOGI) on asylum conditions claims; in countries with
increasing the awareness and knowledge of IRB • Documenting different cultural expressions and
asylumofficials policyon SOGI and issues Canadian in the globalforeign south; relations, • Further research on the relation between
especially in light of the “safe country” thechanges lack ofproposed LGBT and by refugee Bill C-31; positive services • Further research and recommendations on on LGBT issues; and programs, as well as insufficient training
12 Exploring Asylum Issues asylum seekers from other members of their • culturalFurther researchcommunity, about due isolation to homophobia of LGBT or transphobia, leading to a lack of family or community-based forms of supports;
• creation Education of of policies shelter to agencies ensure theirabout safety; the specific needs of LGBT refugees, and the cultural competency of lawyers, community • Increasing the awareness, knowledge and SOGI refugee claims from diverse countries of origin;agencies and IRB officials with regard to
LGBT community, about the reality and lived • experiences Public education, of LGBT especially refugees within within the the larger Canadian system as a priority need;
and anti-immigrant feelings within the LGBT • community; Public education around the issue of racism
provision of services that are holistic and • address Moving toLGBT an intersectional refugee clients’ approach lived reality. to the
were suggested: A number of questions for further exploration
• What are the most common problems faced by LGBT refugees in their claimant process? • On what grounds do they tend to get denied? What happens to these people? • How is the claimant process different for impactingLGBT refugees? refugee and immigrant serving • agenciesHow are increasinglyand the provision limited of fundingservices
to LGBT claimants? How are agencies agenciesmanaging strategic the impact? with their funding to • address How are therefugee needs and of thoseimmigrant not eligible serving for
federally funded services?
LGBT Asylum Seekers and Refugees 13 Metropolis Conference
Presenters drew from the emerging body of annual forum for researchers, policy makers, representativesThe National from Metropolis community Conference and settlement is an immigration and asylum and from their organizations to get together to share and expertiselegal and in social providing scientific immigration research services on LGBT and exchange knowledge and experience in the advocating for the rights of sexual and gender
and vulnerabilities of LGBT refugees navigating field of immigration and settlement. The 14th theminorities. immigration They explored system, includingthe unique experiences difficulties Castle,National in Metropolis Toronto, Ontario. Conference It was focused held on of trauma and isolation, establishing credibility, futureFebruary immigration 29 - March trends 3, 2012 and at policies,Westin Harbour and the and demonstrating a failure of state protection. challenges and opportunities that they create for Canadian society. Envisioning Global LGBT The workshop also considered the medical Human Rights organized the following panel, (including mental health), social and material entitled A New Balancing Act for Sexual Minority needs of LGBT refugees upon arrival in Canada, Refugees? Potential Impacts of Refugee Reform and how these can be met effectively so as to for LGBT Asylum in Canada, which took place on enable refugees to pursue legal protection under fair and humane circumstances. Also
Description:March 2, 2012. Protecting Canada’s the community roundtable review of services in Immigration System Act, is before thediscussed Greater were Toronto some Area preliminary for LGBT refugees findings and of theBill Canadian C-31, legislature at the immigrants, conducted as part of Envisioning time of writing. This workshop Global LGBT Human Rights. brought together a panel of researchers and advocates Presentations: working with LGBT refugees to consider the potential impacts Investigator,Moderated byEnvisioning Nancy Global Nicol, of these changes to Canada’s LGBTYork Human University, Rights, the Principal panel refugee protection system. In included: Jennifer Hyndman, particular, refugee advocates have raised concerns about the CoordinatorYork University, of the Civil Centre Society for shorter timeline for preparing CoalitionRefugee Studies; on Human Adrian Jjuuko, Rights andLGBT-specific processing effects claims, of and the and Constitutional Law & the expedited proceedings for Human Rights Awareness and persons from designated safe Promotion Forum (HRAPF), countries of origin. Uganda; Sharalyn Jordan, Simon Fraser University; and El-Farouk Khaki, immigration lawyer.
Discussant: Debbie Douglas, Ontario Council of Agencies Serving Immigrants.
14 Exploring Asylum Issues LGBT Refugees and Asylum Some tentative themes emerging from the literature based on Sexual Orientation 1. Conceptualizing gender and sexuality in a / Gender Identity cross-cultural, transnational frame Presented by Jennifer Hyndman communities of origin The 2. LGBT relationships with families and Safe Third Country Agreement, prohibits asylum 4. Assessing Credibility in Refugee Status “A 2004 MOU between the US and Canada, seekers (LGBT or otherwise) from crossing 3. DeterminationPersecution, Protection RSD: Identity and ‘Discretion’ and Country the land border between the countries to seek Conditions 5. Addressing Differences within the Category of claimants to Canada came through the US; now ‘LGBT’ refugee status in the other. Until 2004, one third this pathway is closed off to all but a few. 6. Developing Research on Arrival, Settlement and Integration of LGBT Refugees How are decisions made? Refugee settlement in Canada Immigration and Refugee Board (IRB) who among LGBT persons Cases are still heard by a Member of the decides the claim. This is expected to change in The absence of a scholarly literature on LGBT refugee settlement and related issues is glaring: In some cases, claimants are literally in a June 2012 when new legislation is introduced. position of having to perform and prove their supports that other refugee groups may identities to authenticate their claims (Lidstone, • have Such throughindividuals family often or lack people the fromusual same country of origin due to trans or position of having to portray their countries of homophobia; origin2006). asSome barbaric, asylum primitive, seekers are and also violent, put in notthe individuals, but in smaller centres it may not • be Settlement safe to be agencies out in Canada; may assist such suchjust dangerouslystereotyping. transphobic or homophobic. UNHCR’s 2008 Guidance Note warns against What decisions are made? • We know from Sean Reha ag’s research Not all sexual minority asylum claims are claimants(2007) that more Canada’s credible Immigration than bisexual and approved at the same rate in Canada. Rehaag Refugee Board finds gay and lesbian refugee actually accepted more often than the IRB average criminalizedclaimants; but in why? some 78 countries and with(2009), 58% shows approved that sexual compared minority to 54%refugees overall. are • In 2012, homosexual acts were still Bisexual refugee claimants, on the other hand, punishable by death in five and parts of two claims garnering 60% approval. Explaining these continueothers (Paoli to criminalize Itaborahy, homosexuality; 2012). Significantly, differences,are approved gender at only differences 39%, with in lesbian IRB members’ and gay 40 of 53, or 77%, of Commonwealth nations decisions, and the variability across Canadian Commonwealth countries criminalize same- cities remains a contentious set of issues. while by contrast just 32% of non-
LGBTsex sexual asylum acts seekers, (Baudh, but 2008). producing • knowledge Canada may on be how a ‘safe they haven’ are faring for some in terms
done.” of settlement is scarce. More needs to be
LGBT Asylum Seekers and Refugees 15 Bill C-31: where they cannot live openly without fear Radical change in articulated ofMany harm LGBTI – the refugeesvery reason come why from they may countries have immigration and refugee policy Presented by El-Farouk Khaki psychological repression and physical as well asfled sexual to Canada. violence. Many Often are victims their experiencesof years of prevent them from telling their stories. The new system will not allow these individuals There is concern that Bill C-31 may very well set time to get counseling or support in order to tell up a 2 tier refugee system. It provides significant their stories fully. It will not allow them time discretion without oversight to the Minister DCOs (Designated Country of Origin) based on to integrate into Canada’s LGBTI communities of Immigration. The Minister may designate factors including numbers of claims, acceptance in order to document their socialization. rates & other factors such as political allies. How then will many be able to establish their Refugee claimants from DCOs will have 45 days ‘membership in a particular social group’ in from initiating their claim to their hearing as opposed to non-DCOs nationals who will have 60 Circumstances are such that many may not. days. DCO nationals will not have access to the order to get protection as a Convention refugee? new RAD (Refugee Appeal Division), which was Immigration & Refugee document their past experiences of persecution, Protection Act (IRPA) but put on permanent hold violenceThe system and requires attempts refugee at obtaining claimants state to byfirst the introduced then Liberal in government. the The longer 60 when they arrive. In fact many LGBTI claimants protection. Most claimants do not know this days are considered insufficient to land, start document and present a claim. is applicable to them or that Canada will a claim, find a place to live, find a lawyer and (theoretically)are not even awaregive them which protection refugee because definition of their sexual orientation or gender identity. the initial application will set the hearing date withinUnder C-31, the prescribed the immigration time period officer without who processes regard to counsel availability. A refugee claimant who initiates a claim at point of entry or inland prior to
within the restricted time allotment. finding a lawyer may be unable to secure a lawyer
16 Exploring Asylum Issues Ugandan LGBTI Refugee Claimants: from Uganda which is my home country, and how this law is likely to impact on them highlighting In Search for Durable Solutions the realities for this particular group; Presented by Adrian Jjuuko In the past month of February alone, we have Every country is sovereign and thus Canada’s faced security incidents and threats, and the law makers are free to pass laws that govern climate becomes increasingly insecure what their countries and the Balanced Refugee Reform is thus a sovereign law. However, Ugandans’ warped logic of being able to identify sometimes the2 laws should also consider the awith gay mobperson justice by simply being looking rife in atthe them! country and realitiesAct (“BRRA”) of the people to whom they will be That is the legal-security situation that LGBTI argument for the Anti Homosexuality Bill, arguing Ugandans live in everyday. With the advent of TV, thatsubjected. they are Uganda independent has used and the thussame can sovereignty pass any most people have been inadvertently outed either at law especially to protect ‘children’ from ‘imported court, at David Kato’s funeral and memorial or at the practices’ like homosexuality. Canada’s BRRA various gatherings. The number of people reporting of course is not like the Anti Homosexuality Bill disowning by families, loss of employment, break- for the latter stands in a league of its own but the underlying undertones of sovereignty are similar. family members, and general public outrage at the ins into homes and offices, blackmail, threatening The Canadian BRRA is intended to expedite the sight of them is increasing. The space for activism and for freedom of expression is greatly narrowing. removal process if the claim is unsuccessful. All this is before the bill passes. I even shudder to Afterrefugee the determination Initial Eligibility process interview and subsequent done at think of what will happen if it passes. the entry point, the claimant scheduled for an IRB interview takes place no less than 15 days All these leave Ugandan LGBTI activists and thereafter. Following the IRB Interview, the refugee hearing follows and is to be held within persons with two options: to stay put or to flee the 90 days, after the IRB interview. For claimants put like most have done gives some very unpleasant country. Each option has its consequences. To stay from ‘Designated Countries of Origin’ (DCOs) the sub-options: i) remain/Go back to the closet; hearing must be within 60 days. Such expedited processes continued into the appeal process and means that you will accept having your freedom of expressionii) continue limited with activism.and curtailed The firstas well sub-option as many residence or any other protection unless they are notpersons removed rejected by the cannot end of one apply year. for permanent For the second sub-option, it means that you may other individual rights and freedoms, just to fit in. In seeking to expedite the process however, the disowned by friends, get arrested and imprisoned, getbecome depressed an outcast and incommit your family, suicide, lose be your a potential job, get likesituation LGBTI of persons, the more victims vulnerable of torture, subjects victims of the of Kato, lay down your life for the cause! law is completely disregarded. Minority groups target for mob justice, or like slain activist David Regarding the second option of Getting Out, 90sexual days violence if they and are ethnic lucky minorities to be from may countries find it despite it being largely undesirable to leave a very difficult to be ready within the stipulated country you are used to – where your family and should be given special consideration because heritage is – and go to foreign lands, which you ofthat the are nature not of classified their violations as DCOs. and These the trauma, groups are completely unused to. It is a sad option but loss of self esteem and mistrust that are natural one that must be taken when it is impracticable my case, I will limit myself to LGBTI claimants consequences of the violations they face. In making to do otherwise. And what do you find when you Balanced Refugee Reform Act decide to take this option? Laws like the BRRA! provisions in the latter. 2 Bill C-11, the , became Bill C-31, Protecting Canada’s Immigration System Act, with differing
LGBT Asylum Seekers and Refugees 17 Protecting Asylum Rights for oppressions of racism and xenophobia, (un)convention(al) Refugees: homophobia, transphobia, and sexism. Community Advocacy and The federal government is in the process of Research on Queer and Trans Refugee Protection inland refugee determination system since the Immigrationthe most significant and Refugee reworking Protection of Act Canada’s (IRPA, Presented by Sharalyn Jordan, Ph.D. in process is striking: consultations for IRPA spannedJune 29, 2001;two years. implemented Bill C-11 2001).was introduced The contrast and displaced persons are living in the global south. WesternEighty per countries cent of the are world’s using 43.3 increasingly million stringent measures to prevent potential asylum passed in under five months; it’s more regressive reincarnation, Bill C-31 was introduced two People Illegal, Canada Research Chair on weeks ago (Feb 16, 2012) and may be pushed seekers from reaching our shores. In Making Underthrough conditions parliament of homophobicby the end of and June transphobic 2012. that these restrictions, and the ways that they persecution, surveillance and threats come from punishMigration potential Catherine refugees, Dauvergne is making (2008) asylum argues family, peers, and/or communities. The violations itself illegal. often occur in hidden contexts—unlike war or Currently no less than 78 countries criminalize in isolation. Being stigmatized as evil or mentally illlarger further conflicts, isolates people and silences experience people. this To violence survive under these conditions people learn to deny, lawssame-sex are used sexual to penalize acts same-sex or gender sexualities “deviant” and behaviour (Paoli Itaborahy, 2012). Public morality distance from, cover or hide their sexuality or transgressive gender. Survival tactics do not of homosexuality” are used to inhibit political gender variance. Laws prohibiting the “promotion disappear on arrival. these laws are the legacy of colonialism. organizing (Ottoson, 2009). The vast majority of Precarious and Irregular migrations Refugees who have made claims based on from leaving to claiming asylum are neither persecution of their sexual orientation or gender direct,The migration nor uniform. paths of Asymetrical queer and trans im/mobilities refugees created by intersections of gender, social class, stigma, and threatened or actual violence in their identity have lived in defiance of social erasure, and nationality enable and constrain who is able to leave, how people migrate, and options for Canada they have engaged with immigration and permanent status. borderhome countries systems that(Jordan, enable 2009). and restrict In migrating mobility to based on the priorities of global capitalism, neo- Some participants of the study left because of colonialism, and post-9/11 notions of security.
left out of a gradual sense of the impossibility of Undertaking an asylum application, entails theirimmediate future. danger, Prior such to leaving as imminent many arrest. people Most did accessing and working within a refugee not know that the risks they faced constituted system that was not designed with Lesbian, persecution—even those who had experienced Gay, Bi, Trans, and Queer refugees in mind. It extreme forms. Nor were they aware that they could seek refugee protection because of this an often hidden and stigmatized identity, persecution. Sexual orientation and gender andis a tosystem disclose that experiences, requires claimants some traumatic, to prove identity are not explicitly named as grounds that are deeply private. Throughout exit, for protection in the Geneva Convention. migration, application, and settlement, Queer Participants did not recognize themselves in refugees’ efforts to seek safety and belonging images of refugees as mass movements of people are constrained and enabled by co-constituting
fleeing war. Many of the people I spoke with 18 Exploring Asylum Issues left their home countries with only a plan to get trans claimants, make the inconsistent coherent. out by any means possible, and only once they Because of the challenges of obtaining evidence, a were in Canada learned of the asylum option. great deal of weight rests ultimately on claimants’ own accounts. Among some board members, of a refugee claim combine to create situations in suspicion of fraudulent sexual orientation or Migration restrictions and the relative obscurity gender identity based claims runs high —slight sometimes irregular social or economic means of inconsistencies or omissions are interpreted migration.which queer Participants’ migrants pursue migration more paths apparent, included but as lack of credibility. Board members bring relatively cushioned relocations as international assumptions about sexuality and gender based students or workers on temporary visas, through on western notions of lesbian, gay, bi, and trans identity narratives. These narratives do not Others lived for long periods in precarious status. necessarily translate well across cultures, or Sometimes,dangerous journeysit was only in after the living hands outside of agents. their for people who formed their sexuality or gender home countries to work or study, and shedding under persecution. People who have not pursued some of the constraints they had lived with, that people realized the impossibility of their relationships, are considered less credible. Those return. Some were outed to local communities, or ties to “the LGBT communit y ” in Canada, or sexual family back home, in ways that made returning stable familiar categories--bisexuals, masculine men,whose claimants sexualities with or children—struggle. genders do not fit in neat, dangerous. These mixed trajectories play into Bill C-31, claimants’discourses credibility of asylum in hearings. seekers as “economic Reforming Refugee Determination: migrants,” or “Bogus” and potentially harm Impacts on LGBTQ claimants Making a claim Expedited time frame interactions in which claimants struggle against Under the proposed reforms, refugee claimants exclusions,These initial for contacts recognition. are the Recognitionfirst in a series as of a refugee confers protection, creating possibilities for safety and belonging. But this protection claim”will have document. fifteen This days document after their becomes eligibility legal evidence.interview to prepare and submit the “basis of or gender, and refugeeness. Interactions with requires claimants to openly enact their sexuality Preparing a good claim based on sexual orientation or gender identity takes legal racializedofficials become identities. intensified This tension struggles runs with through and guidance—and people newly arrived in Canada against the stigma of queer or trans, refugee, and do not have ready access to this guidance. People may not know to ask, are not in a situation Givingthe quotidian an account work of making a refugee claim. where they can ask, or feel unsafe asking. Even Since the early nineties, The Geneva Convention claimants who know to name their sexuality or gender as the nexus of persecution will struggle group” has been interpreted by the UNHCR, and with this timeframe. Fifteen days is not enough Canadiancriteria of immigration “membership policy, in a to particular include sexual social time to apply for legal aid, receive a decision on orientation and gender identity. To be recognized as a refugee, applicants must convince decision for the lawyer to arrange interpretation if makers of the genuineness of their gay, lesbian, needed,legal aid, interview, find, contact, and and write meet the with basis a of lawyer, claim bi, or trans identity, and their fear of persecution because of this identity. Queer refugee claimants n e e d t o d o t h i n g s l i k e a s k p e o p l e t h e y ’ v e h a d s e x u a l accounts.document. ThisUnder becomes Bill C-31, unfair many and claimants potentially will relationships with to provide letters, recover old dangerousbe submitting when incomplete the credibility or inadequate of refugees’ written hospital records, and sift through newspaper accounts rests on consistency across documents stories to try to make the hidden visible, or for and hearing testimony. In the past, claimants have
LGBT Asylum Seekers and Refugees 19 been denied based on inconsistencies, omissions Bogota described by one man as a great place to in their initial account. be gay, and by another, who spent ten years on the run within Colombia trying to escape death threats, as a terrifying city to be gay. Within the same country of origin, people’s vulnerability as More so than any other grounds, SOGI claims well as the viability of state protection varies require applicants to provide details about highly considerably based on a person’s social class, timestigmatized, for people intimate to build and the frequently sense of safety traumatic they gender, race, religion and social networks. It is needaspects to ofbe their able livesto talk (LaViolette, about their 2009a). sexuality It takes and precisely when country conditions appear safe past traumas. Psychological research suggests on paper that that the characteristics of traumas more common Lesbian, gay, bi, and trans refugee decisions are sexual violence or relational betrayal—are most complex, and the safety net of an appeal associatedamong queer with refugees—those greater memory involving disturbance shame, is most critical. The list violates principles of
to prepare themselves, I fear claimants will be refugee protection, and leaves a life or death dealing(Bogner, with Herlihy greater & Brewin, trauma 2007). related With disturbances less time decisionequality beforein one person’sthe law, has hands. potential to politicize in hearings. Removals and Limited Recourse Designated Country of Origin List in Negative Decisions The safe country list is profoundly unsafe for Lesbian, Gay, Bi, Trans, and Queer refugee for those who are not from designated safe Bill C-31 provides for a limited right of appeal countries” will face an expedited claimant However, the safety net of a Humanitarian and processclaimants. and will Those not have from the designated ability to appeal “safe Compassionatecountries or who appeal are deemed is no longer“irregular an avenue arrivals”. of recourse. Those who receive a negative decision
the final decision. It would be perilously easy to Compassionate application for twelve months. grounddesignate realities a country for lesbian, “safe” basedgay, bi, on trans inaccurate people. will be banned from filing a Humanitarian and or insufficient information about the on the H&C applications are an absolutely critical safety net for lesbian, gay, bi, and trans people who are byAnalysis international by legal human scholar rights Laviolette organizations (2009b) like at risk of serious harm in their home countries. Amnestypoints to theInternational inadequacy or of Humaninformation Rights collected Watch Determining when homophobia and transphobia cross the threshhold and become persecution is trans people. challenging. Board members struggle to make for determining country conditions for queer and this call-- good information is sparse and the gap between laws on paper and on-the-ground conditions are large. A “safe” country list cannot reflect the current complexity and flux in safety and protection for I have touched on a few of the aspects of Bill queer and trans people. Could Brazil be on a safe thelist? highest It hosts rate the oflargest homophobic Pride Parade murders in the reported world inwith the over world. 3 million Is Brazil people safe celebrating. because the It murders also has haveC-31 notthat had unfairly time to prejudice analyse orLGBTQ address claimants today. Bill in Canada. I will briefly mention two concerns that I without review for those designated as irregular are reported? Or unsafe because they happen C-31 contains provisions for one year detention in the first place and police are incapable of reportcurbing ten them? cases South a week Africa in recognizeswhich lesbians same-sex have ofarrivals Permanent by the Minister Residence, of Public potentially Safety. impacting If passed, marriage. Yet, human rights organizations there anyBill C-31refugees also whocreates are provisionsnot yet Canadian for the Citizens. cessation have done nothing to investigate. We have heard been targeted for “corrective rape” and police
20 Exploring Asylum Issues Rainbow Health Ontario (RHO) Conference
The United Nations recognizes that criminalization and exclusion based on LGBT identity infringe Rainbow Health Ontario (RHO) hosted its 2nd conference entitled, “Rainbow Health Ontario of physical and mental health”, as well as 2012 Conference: Supporting LGBT Health otheron the humanright to rights. the “highest However, attainable it is not standard always providedthrough Every a forum Stage for of health Life” fromand socialMarch service 20-23, recognized that the refugee claim process and providers,2012 at the community Marriott Hotel members, in Ottawa, researchers Ontario. and It settlement can introduce further assaults to policy makers to share knowledge, experience and ideas, to network and develop partnerships, Canada offers the possibility of safety, but in a contextemotional where well-being. intersecting Moreover, oppressions settlement based in Canada’s only LGBT health focused conference, it on heterosexism, homophobia, transphobia and and to find inspiration for their ongoing work. As racism can contribute to potent marginalization. learn more about LGBT health and wellness with Accordingly, policymakers and service providers awas focus a unique on the opportunityvarious stages to ofshare life. work Envisioning and to in the health and social service sectors need to Global LGBT Human Rights organized the following collaborate to understand the needs of LGBT What we need to know (and do) asylum seekers and develop responses that about the health and well-being of LGBT asylum promote their health and well-being while seekerspanel, entitled “ preventing further distress and illness.
Description:”, which took Organizations place on March that 23, 2012. work Panelists discussed some of the preliminary with newcomers in Ontario are responding to increasing summarized at the beginning of this document. numbers of people seeking findings from the “Envisioning” Roundtable asylum on the basis of sexual Presentations: orientation and gender identity. Rainbow Health Ontario, Exposure to physical and sexual theModerated panel byincluded Phyllis academic Waugh, violence and other traumatic and community partners of incidents prior to migration the Canada Research Team can affect both the mental and physical health of these Lewis-Peart, Black Coalition forcomponent AIDS of Prevention; the Project: David Hurly claim contributes further to anxiety,newcomers. since Making asylum a refugeeseekers Agencies Serving Immigrants; must publicly proclaim the very Meraveles, Ontario Council of identities that are criminalized Charmaine Williams, University and have forced them to leave ofNick Toronto; Mulé, York and University; Karlene their homes. Williams-Clarke, The 519 Church Street Community Centre.
LGBT Asylum Seekers and Refugees 21 Background on the Health and human rights abuses A number of health and human rights abuses Envisioning Research Study present themselves in the LGBT asylum seeking Presented by Nick Mulé and Charmaine Williams and trauma related disorders. They often suffer withand refugee cumulative populations stress, due such to as threats physical of violence injuries Research Objectives and challenging social determinants that negatively impact on their health by exacerbating identities; • Impacts of laws that criminalize LGBT existing health conditions. They experience a lack of access to health and other services with seekers; • Experiences and needs of LGBT asylum risks of mental distress, mental illness, physical illness, physical disability and furthermore a lack criminalization; • Community organizing to resist of support for people living with disabilities. human rights policies and services. • Implications for immigration, refugee and Health and the LGBT Asylum process The asylum process in and of itself can have a Research Questions In Canada, how are social services and governments responding to LGBT asylum issues, fearsmajor ofimpact making on the mistakes health and in thewellbeing claim of process LGBT and what are the implications for immigration/ asylum seekers due to high anxiety of fleeing, They feel the pressure of expectations placed and pressure to perform as “the good refugee.” refugee policies and services? on them of embodying a Western vision of LGBT • What causes forced migration? identity development and lifestyle. It can be a • What are the experiences of asylum highly stressful transition going from a hidden seekers? identity persecuting environment to a proclaimed • How does the legal and institutional climate identity in an unknown environment. This is not affect LGBT asylum seekers? to mention the stress of extended uncertainty • What services are meeting needs and what regarding their status and ultimate settlement. Issueselse raised is needed? by existing research Health and the LGBT settlement process LGBT refugees and asylum seekers are often LGBT asylum seekers and refugees have great e s c a p i n g f r o m p e r s e c u t i o n , s e e k i n g p r o t e c t i o n a n d faced with potential blame for not being discreet can easily become part of. In other populations, enough regarding their sexual orientation or post-settlementdifficulty finding stress sanctuary accounts or a for community more distress they gender identity and/or expression. Self identity is than pre-settlement stress. Service providers see further complicated by transnational contexts in this as compounded by LGBT identity oftentimes which language and meaning are not necessarily resulting in poverty, isolation, exclusion in in sync with North American terminology. LGBT refugees and asylum seekers may also have to denied results in no supports and services. housing, employment, etc. Consequences of being their claim to be LGB and/or T. Also, settlement face being queried regarding the credibility of
Knowledgeneeds become gaps a major in asylum issue upon issues arrival. There is very little research on asylum seeking experiences and a lack of knowledge about the
service or other sectors are addressing the few knownspecific needs. needs of LGBT asylum seekers, and how
22 Exploring Asylum Issues Service responses to the LGBT Laws that criminalize based on sexual orientation asylum process and gender identity (SOGI) both oppress and stigmatize such populations, contributing negatively to their social determinants of health. Much of the settlement sector and the health As such, freedom, liberty, health and wellbeing sector are ill-equipped to meet the needs of the are severely compromised. sectorLGBT populations. is not willing Many to meet such the services needs operate of LGBTs, in choosingsilos, rather instead than by to collaboration. refer out. Some Much services of the A process of re-conceptualization needs to take are overtaxed and/or the system does not build capacity. The latter can be demonstrated in tandem. Knowledge mobilization needs to happen withplace lawin which makers, legal politicians, and social justicepolicy workmakers, in LGBT health augmented by poor understanding program developers, funders and communities attitudinal, knowledge and skill deficits regarding that results in the creation of laws, policies and address such issues, they need to take into funding for community-based programming considerationof asylum issues. intersecting Also, for barriersservices basedto adequately on race, that sensitively meet the needs of LGBT asylum disability, class, homophobia, transphobia, etc. seekers and refugees.
Laws/Policy and human rights abuses Criminalization and exclusion based on LGBT • Implications Support to asylum seekers; attainable standard of physical and mental health” • Networking and mutual aid; andidentity other infringes rights. Therefore,on the right constitutional to the “highest and • Capacity building in the service systems; legal challenges need a foundation of public • asylumInter-sector processes; collaboration and strategizing; • Recognition of specific LGBT refugee and increases barriers. Funding cuts are having a serioussupport. impact The proposed on services. new A refugee re-conceptualization law, Bill C-31, • Advocacy in Canada and beyond Canada. of concepts and notions is required.
LGBT Asylum Seekers and Refugees 23 Positive Spaces Initiative Challenges of LGBTQ newcomers:
(PSI) - OCASI LGBTQ -> Feeling of shock when that does Presented by Hurly Meraveles • not Understanding materialize; of Canada as a safe haven for
communities of origin -> Protecting initiated by the Ontario Council of Agencies • Perceiving a lack of support from The Positive Spaces Initiative (PSI) is a project The initiative aims to support the immigrant and themselves from others finding out; Serving Immigrants (OCASI) in November 2008. Finding support in the Canadian LGBTQ refugee serving sector to more effectively serve • Dealing with sexuality in Canada -> LGBTQ newcomers. positive services; communities -> Not finding newcomer LGBTQ newcomers are an integral, though it may not surface at the beginning -> need often invisible, part of immigrant and refugee • same/moreQueerness is support a primary as other concern newcomers; although communities as well as LGBTQ communities. Experiencing marginalization from both within cultural communities and mainstream LGBTQ How • Lack will of the overall Envisioning LGBTQ positiveresearch services. benefit communities often leaves individuals feeling our work? that there are few options for obtaining services. Recognizing that good practices already exist in about the realities of LGBTQ refugees; the sector, this initiative aims to share resources • It provides new and supported information and increase our organizational capacity to is done on LGBTQ refugees/newcomers in better respond to the needs of the community. • general;Not a lot of information/study/research
refugees experience; environments where LGBTQ newcomers are able • It helps in identifying issues that LGBTQ toAt accessOCASI, culturally we define inclusive Positive servicesSpaces as with welcoming dignity positive space training in the settlement and respect and service providers can work free • sector;Support and reconfirm the need for more from discrimination based on sexual orientation, gender identity and gender expression. and development of programs and services • thatHelps support settlement LGBTQ agencies newcomers/refugees. in the planning The initiative has been travelling through the province of Ontario to deliver training and * N o t e workshops to service providers in the settlement self-produced video which can be found at sector. LGBTQ Newcomers face particular www.youtube.com/watch?v=XlyEYVg56tI: Hurly Meraveles showed a short challenges in accessing settlement services. Sexual and gender identity are factors that contribute to the shaping of the settlement experience and that need to be taken into consideration by the settlement sector in terms of policies as well as program and service development and delivery. Access to these settlement services is necessary in order for them to thrive and contribute to society.
24 Exploring Asylum Issues How do asylum seekers find income taxes, healthcare, etc. In addition Black CAP delivers a monthly support/discussion Black Coalition for AIDS group called Foreign Integration which provides Prevention (Black CAP)? a social space for LGBT asylum seekers to access Presented by David Lewis-Peart mutual support, social spaces, etc. Black CAP
Black CAP does limited outreach to recruit new clients to the agency. There are three primary whichalso delivers also address programming the needs such of asylum as Many seekers. Men, Many Voices (3MV), volunteer programming, etc. lawyers and through other service providers. Are needs not addressed? ways that asylum seekers find us: word of mouth, CAP’s services either shortly after or prior to supporting/serving all LGBT newcomers. Growing Many clients report having been told about Black their arrival in Canada. This suggests the value of demandCIC mandated and service complexity requirements of service are user a barrier needs to social and personal networks both within country also limit the depth and scope of services we can of origin and regionally. Black CAP also receives a provide. Increasingly, funding does not support number of referrals from a range of immigration the basic needs of clients such as transportation, lawyers in downtown Toronto. Finally, Black food, etc. At this time Black CAP is not able to CAP also receives referrals from community provide counselling/therapeutic support which partners, especially AIDS Service Organizations addresses the complexity of client needs. and partners within the downtown East Local Immigration Partnership (LIP). What are the challenges on the frontlines and in the system? Described experiences Internal challenges include growing and excessive demand for programming (at this time a staff of one sees an average of four new clients per week, • Migration trauma each returning for an average of 5-7 visits), client • Recent HIV diagnosis needs are increasingly complex, funding does not • Sexual and intimate partner violence cover the true cost of program delivery . Systemic • Unemployment challenges include reductions in funding and the • Poverty high likelihood of instability of future CIC funding, • Limited access to housing an increasingly stringent claims and review process • Vulnerability within new relationships which expedites cases (this is often detrimental • Substance use How are needs addressed? to clients to gather information/evidence for their Black CAP receives Citizenship and Immigration claim), expedited cases place LGBT asylum seekers settlement program - we’ve received funding Canada (CIC) funding for its LGBT specific Howat a significant will the Envisioning disadvantage. research benefit a range of programming in support of LGBT our work? for this program since April 1, 2009. We provide newcomers and asylum seekers that includes Envisioning research will lead to a deeper one-on-one assessment and counselling, referrals understanding of the experiences of asylum to community programming and legal/medical seekers, given the relative absence of data, research services, access to housing and employment and knowledge. Organizations like Black CAP will programming, etc. Black CAP depends on a number of important referral relationships with programming for LGBT asylum seekers. organizations such as Canadian Centre for Victims benefit as they develop, deliver and evaluate new of Torture (CCVT), Fred Victor Centre, The 519, etc. Black CAP also delivers group programming including a monthly workshop that provides information and education on issues such as the refugee claims process and the law, housing,
LGBT Asylum Seekers and Refugees 25 Among Friends – The 519 Because of this we’re forced to establish a settlement department. It’s brand new, we Church Street Community Centre started it last June. In establishing this settlement Presented by Karlene Williams-Clarke department, we meet with clients who shared their experiences with us. A lot of them suffer The 519 has an LGBT Refugee Claimants Group from post-traumatic depression. A lot of them which is called ‘Among Friends’. I myself am a convention refugee so I did come up through the because there is a lack of family, there’s a lack of system and understand very well what refugee knowledgefind it very and difficult acceptance to settle because here a lot in of Canada them claimants go through. The centre connects with approximately 700 refugee claimants each month. Through the group, which meets nutrition,are made to therefore feel that theywithin just our came group here we to try use and the offersystem. food They at every can hardly meeting find so proper many will food, come proper for in attendance about 90-100 individuals on a the food as well as getting the information that givenevery night.Wednesday This isfrom supposed 7:30 until to be9:30, a support we see they need. group but we have gone beyond that. For a claimant that is desperate to connect and They will complain that if they go to other prove that they’re integrating within the LGBT services, they’re not made to feel comfortable community, they seek us out from very far because a lot of these centres are homophobic places. We have members coming from as far as and transphobic so therefore they prefer The 519. We have a long list of members because we They’re there on a Wednesday, seeking services, have a system, we have a process. We have now seekingHamilton, ways Oshawa, to connect Brampton with usand with Mississauga. the LGBT established a new orientation system for new community. members because every week we will end up
stress The 519. Those few groups that offer mouth, meaning friends will tell other friends or getting between 20-40 of them. This can really Most of these claimants find us through word of LGBT services, they’re very silent because either they’re youth oriented between a certain age or you’rerefer them LGBT to and the thatCentre you’re to join connecting because withthat isthe a LGBTmajor community.part of their It’sevidential a means proof, of showing showing you’re that Theseit’s just targeted for men serviceswho have can sex makewith other some men people or integrating, so they will come and try to get a feelHIV/AIDs left out related and therefore and never at Thea one 519 system we have fits ages all. support letter. We also have services such as legal aid and social assistance which will send clients to us when their client is a refugee claimant ranging from 17-62 so it’s a very wide program. basically based on their sexual orientation. We We’re not very specified because we’re not able receive referrals from shelters; many refugees to offerbe specified. programs Funding that are of opencourse to iseveryone. an issue and when they end up in Canada end up in shelters for we just can’t afford to be so specified so we have
social workers will recommend them to come to Theat least 519. the We first also three have to other four monthsagencies and that shelter deal with newcomers that will send clients to The 519,
agency that works with newcomers, a refugee claimantwhich is quite is a newcomerunfortunate as because well as if being you are LGBT. an Instead of offering services that includes LGBT, you send them to a centre that is an LGBT centre.
26 Exploring Asylum Issues Beyond receiving a letter of support claimants Sometimes a claimant does not do well in their are also given information that will assist them in hearing, because they’re buried so deeply and settling here as a newcomer. We offer workshops it’s so hard for them, they get so very confused. are about Canada, what’s expected, what are your they’re being asked and that is also very bad rightsand information and responsibilities sessions on different as an LGBT things. refugee Most forThey’re them not because able to a member answer the will question look at them that claimant. We also help them with their hearing, and say, ‘well you’re lying and if it’s true you which is very important to an LGBT refugee should remember’, not realizing that this is very claimant. It is also added pressure because for a traumatic for someone, they’re very nervous, regular refugee claimant, they don’t have to prove there are so many issues that they’re dealing that they’re gay or anything like that, but for us, we have to prove we’re gay, we’re going to the accept yourself now, trying to be open and be freewith. so You’re these inare a some new of country, the real you’re challenges trying that to we face as refugee claimants. soclubs, we’re we’re engaging, finding we’replaces going like MCCT to parties and Black even CAP and all the agencies that are LGBT identified At the Centre we offer one-on-one support, we forced to embrace titles that you would never offer counseling; we offer legal advice for any of though you’re not a party person. You’re also the issues that people may have. We help them even familiar with the terms, you’re wondering prepare for their hearing, help them provide whatspeak is of that back because in your there home was country. never You’re a word, not a evidentiary proof, trying to connect them to language, a term to describe you as a ‘gay person’ information about country conditions because because you have to live underground and now you’re here, you have to wrap your mind around get information back home, especially when thinking about, okay I am ‘LGBT’, whatever the youit is havealso novery one difficult there who for refugeeis in your claimants corner and to supporting you as an LGBT person and now that for a lot of our claimants. you’re in Canada making a claim. Everything that terms are and trying to fit in. And it’s very hard you have to produce - police record or medical report - those things are very hard to come by, they break down in tears, I have to run to a especially if you’re from the African continent. counsellorMany when and they ask, come can toyou see please, me one this on person one, There it is so very hard to even ask somebody to assist because people are scared that it’s life threatening and to be connected to somebody counselingneeds counseling. due to Many suicidal LGBT feelings.refugee claimants I’ve had making a refugee claim, who’s LGBT, that means membersseek counseling. who are Many telling of them me, are ‘I can’tgoing go through home imprisonment for you. today, I don’t think I can live today, I think I want to kill myself, I am here but it’s better for me but We try to offer those kinds of support to help also having to think, about making a refugee people connect to LGBT organizations in the claim.’ They are having to think of things they’ve country. It’s very hard for us to offer or meet their needs because of limited funding; there are not a want to forget about and now they have to rehash themprobably because buried they so deep,have to things write that them they down, just bestlot of that agencies we can that so it’soffer very LGBT hard. refugee So for specifiedexample, we’resupport. not We’re able justto help one toagency support and inwe areas try to wheredo the they have to be questioned on them and you’re they need proper housing. Some would like to go questioned extensively. back to school and when we try to connect them
are convention refugees or permanent residents underwith services 5 years we’rebecause told, these this programsis just for people are funded who by CIC and it’s unfortunate that refugee claimants are not considered for this.
LGBT Asylum Seekers and Refugees 27 I do understand that it’s not fair for agencies that are CIC funded to spend a lot of time serving refugee claimants because you cannot account for these, this is not your target group, but I’m thankful for some of those agencies who have tried to service this group because we so need the service, and we so need the support that is necessary for them to survive. What I expect from this research from Envisioning, is that the research will be used to train IRB members to understand the trauma that a refugee claimant
lotgoes of throughtrauma that just one to has prepare to face. for their hearing and also just to be in their hearing, because it’s a
providers, all the agencies that are offering newcomersWe hope that services, the Project to can offer train LGBT our refugeeservice
more. I really do hope that, with these new bills comingspecified upstream, claimants we’re programs going because to get we support need
getting turned down. because with C-31, we’re going to see more people These are things we all need to consider and pull together and work together on and I’m hoping that the Envisioning Research results will be supported and that people will take it up so that we can work together on this.
28 Exploring Asylum Issues Panel Discussion Points populations to one program in one location • A caution expressed on ghettoizing SOGI put forth, answered and discussed Following the panel presentation, questions were and a call to critique policy that is exclusive of SOGI, why that is and who is benefitting; • The mental health of SOGI refugee claimants to SOGI refugee claimants so that they can in great need of services; was identified as a primary health concern • be The sensitized need for IRB to the members’ issues and training needs specific of this population; communities is not to be overlooked (i.e. • gender, Intersectionality ethnicity, ofrace, identities age, (dis)Ability, within SOGI settlement sector on SOGI issues (i.e. class, etc.); • OCASI’s Training Positive of mainstream Space Initiative) services in to the ensure accountability in providing inclusive consideration what models of policy and • Envisioning will need to take into services that are also accessible to the service development it will study, propose, (dis)Abled, and would assist in offloading recommend and advocate for (i.e. an demands on The 519; integrated model in which SOGI services are provided across the settlement sector are currently overwhelmed and for training vs. a specialized model of service provision • initiatives Increased fundingin terms to of existing conducting services the that training and support for settlement workers specifically for SOGI populations - or both.); in offering programming and services to statistics on the success rates of SOGI • Importance of gathering quantitative SOGI populations; refugee claimants in addition to the
space initiatives and partnerships between Envisioning; qualitative data to be gathered by • settlement Ideas arose services of developing and The regional 519 in positive professionals (lawyers, nurses, physicians, • socialSeeking workers, out opportunities etc.) at both to the train indeveloping terms of policySOGI-specified development services; that is postsecondary level and via continuing • inclusiveAttention of to SOGI organizational and creativity capacity in program education. development;
LGBT Asylum Seekers and Refugees 29 References
Human rights and the criminalization of consensual same-sex sexual acts in the Commonwealth, South and Southeast Asia. New Delhi, India: South and Southeast Asia Resource Centre Baudh,on Sexuality. S. (2008).
Making People Illegal: What globalization means for migration and law. Bogner, D., Herlihy, J., & Brewin, The British C. R. (2007). Journal Impactof Psychiatry of sexual, 191(1), violence 75-81. on disclosure during Dauvergne, C. (2008). Home Office interviews. homophobic or transphobic persecution. Refuge: Canadaʼs periodical on refugees Jordan, S.R. (2009). Un/Convention(al) Refugees: Contextualizing the accounts of refugees facing , 26(2), 165-182. challenge for the Canadian refugee determination process. . The International Journal of Human Rights, LaViolette, N. (2009a). Independent human rights documentation and sexual minorities: an ongoing
13(2-3), 437-476. Orientation and Gender Identity. American Society of International Law LaViolette, N. (2009b). An Analysis of the UNHCR’s Guidance Note on Refugee Claims Relating to Sexual , 13(10). Retrieved from www.asil.org/insights090730.cfmRefugee queerings: Sexuality, identity and place in Canadian refugee determination. Thesis: Simon Fraser University. Lidstone, R. (2006). State-sponsored homophobia. A world survey of laws prohibiting same-sex sexual activity between consenting adults. Millbank,International J. & Bruce-Jones, Lesbian and E. Gay (2012). Association “Refugee (ILGA) context Report. considered” in L. Paoli Itaborahy,
New York: CambridgeState-sponsored University Press.homophobia. A world survey of laws prohibiting same-sex activity between consenting adults. International Lesbian and Gay Association (ILGA) Report. Ottoson, D. (2009). State-sponsored homophobia. A world survey of laws prohibiting same-sex sexual activity between consenting adults. International Lesbian and Gay Association (ILGA) Report. Paoli Itaborahy, L. (2012). Ottawa Law Review
Rehaag, S. (2007). Troubling patterns in Canadian refugee adjudication. , 39(2), 335-365. the United States, and Australia. The International Journal of Human Rights Rehaag, S. (2009). Bisexuals need not apply: A comparative appraisal of refugee law and policy in Canada, , 13(2-3), 415-436.
30 Exploring Asylum Issues
Envisioning Global LGBT Human Rights
Envisioningis housed at York Global University: LGBT Human Rights
Rm. 606, Centre for Feminist Research
6th Floor, York Research Tower, York University Office4700 Keele Tel: St., Toronto, ON, M3J 1P3 Email: [email protected] 416-736-2100 ext. 44567