UN rights experts urge more
protection for LGBTI refugees
GENEVA (1 July 2019) ‑ States and other actors involved
in refugee protection must recognise the unique vulnerability and specific
needs of lesbian, gay, bisexual, trans, intersex and gender diverse (LGBTI)
asylum-seekers and refugees, the UN Independent Expert on protection against
violence and discrimination based on sexual orientation and gender identity,
Victor Madrigal-Borloz, and UNHCR’s Assistant High Commissioner for Protection,
Volker Türk, said today.
“For many LGBTI people, the trauma
and persecution start well before their actual flight to safety,” the
Independent Expert said. “Persecution often manifests through laws that
criminalise sexual orientation, gender identity or expression or that are
discriminatory.”
He said LGBTI people are also
exposed to disproportionate levels of arbitrary detention, police abuse,
violence and extrajudicial killings by both State and non-State actors, as well
as abuse in medical settings, including forced sterilisations and so-called
‘conversion therapies’. Their right to freedom of expression, assembly and
association is often also unduly restricted.
“Unfortunately the journey to safety can prove
particularly treacherous for many LGBTI refugees who continue to face prejudice
and violence in countries of transit and host countries,” Türk said.
The first element of protection is access to
asylum, the UN experts said. It is crucial that States ensure that a
well-founded fear of persecution on the basis of sexual orientation, gender
identity, gender expression, and/or sex characteristics is accepted as a ground
for the recognition of refugee status. Presently, some 37 States grant asylum
to individuals on such grounds, but the majority of States adjudicating asylum
unjustifiably fail to do so.
States should take measures to address the
violations faced by LGBTI refugees and asylum-seekers, including through
incorporating LGBTI-sensitive measures into their asylum procedures.
“Officials involved in the process of
determination of refugee status and in managing reception conditions should
receive sensitive and culturally appropriate training on sexual orientation,
gender identity and sex characteristics,” said Türk. This should include
individual assessments sensitive of the protection needs of LGBTI persons and
using interviewing and assessing techniques that respect the dignity and
privacy of persons seeking asylum and that are determined in an objective and
sensitive manner, not on the basis of stereotyping or cultural bias.
Additional efforts are also needed
to ensure that those providing protection and assistance have the knowledge and
training to prevent and respond to such incidences, and avoid exclusion.
An assessment of the protection needs of each
individual, while in transit, and upon arrival in destination countries, as
well as access to adequate housing in safe settings with adequate sanitation
facilities are particularly crucial for LGBTI people, as they are exposed to
risk of harassment, abuse and violence in reception centres, collective
shelters and camp settings.
“Access to LGBTI-sensitive health care and
reproductive rights services becomes particularly challenging for LGBTI
refugees, in all stages and at all times during their journey,” said
Madrigal-Borloz. For instance, interruption of hormone and other treatment
associated with gender transition may be particularly harmful or lead to
hazardous self-medication.
Türk said that, even in locations
where LGBTI refugees are more accepted and services are accessible, many choose
to conceal their sexual orientation and gender identity for fear they might be
targeted or marginalised, particularly in densely populated areas. It is
therefore crucial to create safe spaces and services that are designed in
consultation with LGBTI people and their organisations.
“It is time to recognise the specific needs of
LGBTI asylum-seekers and refugees and to give them the protection they need,”
concluded the two experts.
ENDS
Mr. Victor Madrigal-Borloz (Costa
Rica) assumed the role of UN Independent Expert on Protection against violenceand discrimination based on sexual orientation and gender identity for a three
year period starting on 1 January 2018. Until 30 June 2019, he served as the
Secretary-General of the International Rehabilitation Council for Torture
Victims (IRCT), a global network of over 150 rehabilitation centres with the
vision of full enjoyment of the right to rehabilitation for all victims of
torture and ill treatment. A member of the UN Subcommittee on the Prevention of
Torture from 2013 to 2016, Mr Madrigal-Borloz was Rapporteur on Reprisals and
oversaw a draft policy on the torture and ill-treatment of LGBTI persons.
Mr. Volker Türk (Austria) is
UNHCR’s Assistant High Commissioner for Protection, having previously served as
the Director of the Division of International Protection from September 2009 to
February 2015, and the Director for Organizational Development and Management
from April 2008 to September 2009 in Geneva. From 1991 to March 2008, he
occupied various positions in many parts of the world, including in Malaysia,
Kosovo (S/RES/1244 (1999)), Bosnia and Herzegovina, the Democratic Republic of
the Congo and Kuwait. From 2000 to 2004, he was Chief of the Protection Policy
and Legal Advice Section at UNHCR Headquarters in Geneva. Prior to his time
with UNHCR, Mr. Türk worked as a University Assistant at the Institute of
International Law at the University of Vienna (Austria), where he finished his
doctoral thesis on UNHCR and its mandate (published in 1992). From 1985 to
1988, he was a Research Assistant at the Institute of Criminal Law at the
University of Linz (Austria). He has published widely on international refugee
and human rights law.
For inquiries and media requests:
OHCHR: Alice Ochsenbein (+41 22 917
98 32 / aochsenbein@ohchr.org) or Catherine de Preux De Baets (+41 22 917 93 27
/ cdepreuxdebaets@ohchr.org).
UNHCR: Cecile Pouilly (+41 79 108
26 25 / pouilly@unhcr.org)
For media inquiries related to
other UN independent experts:
Jeremy Laurence – Media Unit (+41
22 917 9383 / jlaurence@ohchr.org)
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