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 ConferenceConstitutional presenters: Law & Human Nancy RightsNicol, YorkAwareness 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 bycriminalized death in five in compromisednon-state actors. for victims This is of anthis official kind of means violence, of 77%and parts of Commonwealth of two others (Paolinations, 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 it risk is of persecution. Whether regularly enforced or including determination hearings (Millbank & not, such state sanctioned laws create homophobic EnvisioningBruce-Jones, Globalin Paoli LGBT Itaborahy, 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 researchby the projectBritish 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 asresearch 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 differentdo 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 practicenature.” 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