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The Protection of Lesbian, Gay, Bisexual, Transgender and Intersex Asylum-Seekers and Refugees

The Protection of Lesbian, Gay, Bisexual, Transgender and Intersex Asylum-Seekers and Refugees

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UN High Commissioner for Refugees: Summary Conclusions: Asylum-Seekers and Refugees Seeking Protection on Account of their Sexual Orientation and Gender Identity
UN High Commissioner for Refugees: Summary Conclusions: Asylum-Seekers and Refugees Seeking Protection on Account of their Sexual Orientation and Gender Identity

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Published by: LGBT Asylum News on Dec 18, 2010
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04/27/2012

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THE PROTECTION OF LESBIAN,GAY, BISEXUAL, TRANSGENDERAND INTERSEX ASYLUM-SEEKERSAND REFUGEES
Discussion Paper
Prepared for a UNHCR Roundtable on Asylum-Seekers and Refugees Seeking Protectionon Account of Their Sexual Orientation and Gender Identity,30 September – 1 October 2010, GenevaDivision of International Protection-Geneva22 September 2010
 
2
Table of Contents
I. INTRODUCTION.......................................................................................................................3II. IDENTIFICATION OF TERMS USED....................................................................................3III. THE LEGAL AND POLICY FRAMEWORK.........................................................................4IV. IDENTIFICATION OF PROTECTION CHALLENGES.......................................................5A. Causes for displacement and multiple discrimination...........................................................5B. Flight, arrival and initial settlement.......................................................................................6
i. Registration
..........................................................................................................................7
ii. Refugee Status Determination
............................................................................................7
iii. Detention and physical security
......................................................................................10
iv. Access to services
.............................................................................................................12
v. Staff attitudes
.....................................................................................................................12C. Durable solutions..................................................................................................................12V. PARTICULAR RISKS FOR LGBTI PERSONS AS DISTINCT GROUPS..........................13VI. SUMMARY OBSERVATIONS............................................................................................15Annex I. Glossary of Key Sexual Orientation and Gender Identity-Related Terms....................17
 
3
I. INTRODUCTION
1.
 
In many parts of the world, individuals are subject to serious human rights abusesbecause of their real or perceived sexual orientation and gender identity. Lesbian, gay, bisexual,transgender and intersex (“LGBTI”) persons have been able to obtain international protection insome countries but not in others. The growing number of asylum claims based on sexualorientation and gender identity, coupled with a heightened awareness of the multiplevulnerabilities faced by LGBTI asylum-seekers and refugees in all stages of the cycle of displacement, has prompted an increased focus on these issues.2.
 
Over the past years, the treatment of sexual minorities has received increasing attentionwithin the UN system, among States and in academic writing. A greater tolerance for peoplewith diverse sexual orientations and gender identities has been observed in several parts of theworld. Although the situation has worsened in some areas, much progress has been made in arelatively short period of time. Several States have recognised the need to end the abuse of LGBTI people and introduced specific legislation and policies for their protection, including inthe asylum procedures. UNHCR, for its part, is developing legal and operational guidance,
1
 providing training to staff and working to mainstream the protection of sexual minorities into itsprogrammes. Partnerships with NGOs have been formed and continue to develop.3.
 
To further build on these efforts UNHCR will host a Roundtable on Asylum-Seekers andRefugees Seeking Protection on Account of Their Sexual Orientation and Gender Identity inGeneva on 30 September and 1 October 2010. The purpose of this paper is to inform thediscussions at the Roundtable. The paper aims to provide an overview of terminology in thisarea, briefly outline the existing legal and policy framework, highlight the protection gaps forLGBTI asylum-seekers and refugees at various stages of the displacement cycle and describeissues that are unique to each of the sexual minority subsets. It concludes with summaryobservations.4.
 
In preparing this paper, UNHCR solicited input through a questionnaire (hereafter“Questionnaire”) from a range of NGOs, academics, legal practitioners and others withexperience in the legal and operational side of the refugee protection regime (hereafter“Respondents”).
2
UNHCR would like to thank all of the organizations and individuals whocontributed their comments on the paper.
II. IDENTIFICATION OF TERMS USED
5.
 
Both the UNHCR Guidance Note on Refugee Claims Relating to Sexual Orientation andGender Identity and the Yogyakarta Principles on the Application of International Human RightsLaw in relation to Sexual Orientation and Gender Identity
3
(hereafter “Yogyakarta Principles”),include definitions of relevant terms such as “sexual orientation,” “gender identity,” “lesbian,”
1
UNHCR,
Guidance Note on Refugee Claims Relating to Sexual Orientation and Gender Identity,
21 November2008 (hereafter “
UNHCR Guidance Note
”), available athttp://www.unhcr.org/refworld/docid/48abd5660.html.
2
UNHCR staff also met and spoke informally to many knowledgeable persons to obtain additional input.
3
 
Yogyakarta Principles on the Application of International Human Rights Law in relation to Sexual Orientationand Gender Identity,
March 2007, (hereafter “Yogyakarta Principles”), available athttp://www.yogyakartaprinciples.org/principles_en.htm.

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