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Criminalising Homosexuality and LGBT Rights in Times of Conflict, Violence and Natural Disasters

This 26-page report looks at the vulnerability of LGBT people during conflict, natural disaster, and civil unrest. The article outlines how the vulnerabilities faced by LGBT people during times of peace are exacerbated in times of conflict and disaster. It is argued that the historical and continued criminalisation of LGBTI identity and expression in many countries is a significant causal factor in the marginalisation of LGBT people. The article highlights the two primary issues of: (1) a lack of protection of LGBT people in International Humanitarian Law (IHL) and (2) a lack of LGBTI-inclusive aid and reconstruction initiatives, as compounding factors increasing the marginalisation and persecution of LGBT people.

The article opens by providing examples of the violence perpetrated against LGBT people during contexts of conflict, post-conflict and post-disaster situations. Iraq following the 2003 intervention, and the more recent conflicts in Syria and Ukraine are outlined as key examples. The article then details the perceived gaps in protections of LGBT people in IHL, for example, the lack of protection for sexual orientation or gender identity in the Geneva Conventions or in the Rome Statute that established the International Criminal Court. Steps that can be taken to address these gaps are then listed, with improvements in international refugee law highlighted as a successful example to follow. The article states that gaps in IHL are only one of many issues and that vulnerabilities outside of conflict settings must also be understood and addressed.

The article concludes by discussing three focus areas in addressing the vulnerabilities of LGBT people: (1) the need to include LGBT people in responses to conflict, (2) state-building as an effective strategy to remove structural homophobia and (3) the need to ensure LGBT people can seek asylum based on their gender identity or sexual orientation.

Identifying the experiences and needs of LGBTI communities before, during and after emergencies in Victoria

This small scoping study investigated the experiences of LGBTI communities in Victoria before, during and after disasters. Specifically, the study looked at the extent to which LGBTI communities feel included and have their needs met during disaster response, and the extent to which emergency responders consider and respond to the needs of LGBTI people and communities.

The report opens with an introduction, methodology and summary of key findings before providing a background on the issues faced by LGBTI people in disaster contexts, supported with data from the research. LGBTI respondents reported that they would be unlikely to disclose their sexual orientation or gender identity when seeking emergency services, or that fear of discrimination might prevent them from accessing services. LGBTI respondents were very unlikely to access faith-based services.

The research found that some emergency responders have openly hostile attitudes towards LGBTI people, and do not view sexual orientation or gender identity as relevant factors in their work; 42% conveyed a commitment to understanding the specific needs of LGBTI people and communities. The report explores the responses of emergency responders to ideas of changing practice to focus on the needs of LGBTI people.

The report concludes with recommendations.

Lessons from LGBTIQ refugee-led community-based organisations

This brief article considers the role of LGBTIQ+ refugee led community based organisations in Nairobi, Kenya, and the reasons humanitarian agencies should partner with such organisations. The article argues that LGBTIQ+ refugee led CBOs are uniquely placed to meet the livelihoods, psycho-social, community health and legal protection needs of LGBTIQ+ refugees; and that these organisations are already undertaking this work. By partnering with these organisations, humanitarian agencies can strengthen their protection capabilities for LGBTIQ+ refugees in Nairobi.

The article provides specific examples of leaders of LGBTIQ+ refugee led CBOs calling for humanitarian agency support and partnership; importantly, such partnerships could increase the safety and acceptance of LGBTIQ+ refugees in the wider refugee community.

Challenges related to LGBTIQ+ refugees and shelter in urban contexts

This brief report on the specific shelter challenge LGBTIQ+ refugees face in urban contexts provides important and practical advice for humanitarian practitioners working in shelter and refugee work. The report opens with a brief background of the global context for LGBTIQ+ refugees before moving into the specific shelter-access challenges LGBTIQ+ refugees face. This section focuses on power within the household and the particular challenges for trans* refugees. The final section offers recommendations and potential solutions. These solutions–such as mainstreaming queer perspectives in shelter and protection clusters–are transformative rather than simply prescriptive, and encourage humanitarian agencies to begin treating the LGBTIQ+ community as one with distinct sub-groups rather than as a homogenous bloc.

The report ends with conclusion, highlighting the importance of taking a critical approach to specific contexts and the needs of LGBTIQ+ refugees.

Disaggregating LGBTIQ Protection Concerns: Experiences of refugee communities in Nairobi

This research report presents the findings of qualitative and quantitative research undertaken with LGBTIQ refugee community in Nairobi in 2016. The research aimed to understand the distinct protection needs of LBQ, MSM, trans, intersex, and unaccompanied minor communities and the interventions that are best suited to their needs; the role of humanitarian agencies in engendering empowerment and/or reinforcing negative structures in the LGBTIQ community; the effects of cash-based interventions as a protection tool; the ways in which agencies can support protection and self-reliance for this cohort; and, finally, how humanitarian agencies can improve on internal and external procedures to benefit the LGBTIQ refugee community.

The report opens with an overview of the global context for LGBTIQ persons and refugees, considering some of the challenges LGBTIQ refugees face. The paper then considers the local context in Uganda and Kenya before moving into a background on the research imperatives. The report then presents a background and some qualitative findings on the protection needs for each of the sub-groups (LBQ, MSM, trans, intersex, and unaccompanied minors), which are followed by recommendations for enhancing protection. The report then moves into targeted protection interventions, including cash based interventions, for LGBTIQ refugees. Each of these is followed by recommendations.

The report then presents findings on and recommendations for livelihoods support for each of the cohorts; community based organisations working with LGBTIQ refugees; promoting sound internal procedures for humanitarian agencies; and concluding with recommendations for the future.

Survey shows the impact of COVID-19 lockdown on LGBT communities

This news article presents the findings of a survey that targeted members of the LGBT community to understand their experiences during the COVID-19 pandemic and response. The survey was met with a large global response (20,000+ individuals from nearly 140 countries), with a significant number of respondents from Russia, Turkey, France, Indonesia, Thailand and Brazil.

Overall, the survey found that the LGBT community has experienced significant challenges as a result of COVID-19 pandemic responses. These challenges include accessing healthcare, specifically HIV/AIDS care; livelihoods and monetary income, especially for the 13% of respondents who earned income from sex work prior to the pandemic; and age-differentiated challenges.

This article points to an area of global concern around the specific impacts of COVID-19 and pandemic response on the LGBT community. This article highlights the importance of new technologies–such as mobile healthcare–that should be investigated to support the LGBT community.

COVID-19 and the human rights of LGBTI people

This brief newsletter from April 2020 from the OHCHR covers the impacts of COVID-19 and COVID-19 responses on LGBTI people around the world. The newsletter focuses on the ways in which biases against the LGBTI community intersect with response efforts, such as de-prioritisation of healthcare services that LGBTI people need in order to boost COVID-19 repsonse; discriminatory legislation that hinders LGBTI people from accessing care or social safety nets; and work and livelihood implications.

The newsletter concludes with over-arching recommendations for policy makers and states.

Protecting persons with diverse sexual orientations and gender identities

This 2015 UNHCR report presents a global overview of UNHCR’s efforts to protect LGBTI refugees and asylum-seekers in its work. The research project was undertaken between 2014-2015 across UNCHR’s 106 global offices. The project aimed to assess the efficacy with which UNHCR offices are able to identify and support LGBTI refugees and asylum-seekers; conduct Refugee Status Determination (RSD) interviews and create durable solutions; address unique protection challenges; and advocate for a favourable protection environment for LGBTI persons of concern.

The report opens with a background on LGBTI refugees and asylum-seekers before moving into the objectives, notes on methodology and methods; a discussion of legal and social/cultural contexts follows. The report then presents findings on the research objectives, starting with identification of LGBTI refugees. Overall, roughly two-thirds of all offices have an identification mechanism in place. The report then looks at the displacement concerns of LGBTI persons of concern, noting that many LGBTI refugees and asylum-seekers are subjected to severe social and cultural discrimination. Asylum and durable solutions are then considered before looking at training for UNHCR staff on supporting LGBTI persons of concern. The final findings section considers advocacy and the best ways to be successful in advocacy work. Best Practice case studies are shared throughout the report. The report concludes with recommendations for a path forward.

Reflections on inclusion in the humanitarian and development work of faith based organisations

The following think piece draws largely on my own direct experience of working as an openly queer person with several different faith-based organisations, Christian and Islamic, since the early 1980s; and on observations of faith-based organisations’ practice when I was with secular organisations working alongside them.

In the humanitarian and development sectors, faith-based organisations have a large and pervasive presence. Given that much of development and humanitarian response work has its roots in different religious missions, this is hardly a surprise. When talking about ‘faith-based’ approaches and organisations in relation to inclusion of people of diverse SOGIESC, there is often the assumption that these will be more conservative and more resistant to positive change than are secular bodies. Personnel of some individual faith-based organisations will sometimes assert as well that as a body, they cannot be expected to readily accept and adopt more inclusive approaches, as this would contravene deeply-held, divinely mandated beliefs.

The role of organised religion in the exclusion, stigmatisation and persecution of diverse SOGIESC people cannot be denied. Amongst the most egregious current examples are US-based Christian missions actively supporting draconian anti-LGBT sanctions in several East African countries, in tandem with local reactionary Christian-branded politicians. Blander examples include some household-name faith-based INGOs having blanket bans on the employment of lesbian, gay or bisexual staff, at least where home office national legislation permits. In my decades of experience, I’ve seen  and been aware of multiple examples of local church-based charities refusing assistance to diverse SOGIESC survivors of disasters, explicitly on the grounds of their sexual orientation or gender identity.  If we were to try to catalogue all the acts of exclusion and discrimination justified on the grounds of ‘faith’, the task would be never-ending. At first glance, it seems that FBOs have a consistently poor (and sometimes downright harmful) track record on diverse SOGIESC rights and inclusion.

A closer look reveals a far more complex picture. In the late 1970s, the American Friends (Quakers) Service Committee was the first employer globally (excepting LGBT-specific organisations) to formally adopt both non-discrimination and affirmative action policies in relation to openly lesbian and gay personnel. Rationale for this was firmly based in Quaker beliefs: the idea that the ‘Inner Light’, or ‘that of God in every person’ is universal and without exception, which had led to the formal acceptance of same-sex relationships from the 1960s. Attempts to make development practice explicitly inclusive of lesbian, gay and bisexual people (as the definitions then were) commenced at least from the early 1990s.

While Quakers, Unitarian Universalists and other small Christian denominations have been (positive) outliers in this area, gradual shifts in policy and practice have occurred in the last quarter-century. This has been most marked in mainstream Protestant denominations and in development and humanitarian bodies linked to them; but also in the practice of several Catholic organisations, which have to walk a finer line between the belief in universal compassion and all-embracing social solidarity, and the Church’s continuing prohibition of same-sex relationships.

In trying to understand the shifting dynamics within organisations and in their practice, it is essential to unpack what ‘faith-based’ actually means. ‘Faith’ to most denotes personal conviction and belief, strongly held. Increasingly, in post-industrial societies, those who continue to adhere to religious communities of different kinds are individuals who choose to do so through explicit personal belief. Through most of history, this has not been the case. The particular religion to which a person belonged was, with notable exceptions, determined by the family into which a person was born, and differentiations were as much a matter of geographic, political, class or cultural boundaries as the fine theological differences that officially marked them. It is probably not an exaggeration to say that most members of any given religious community would have had a broad understanding and subscription to the official belief framework, but have effectively delegated the fine details of doctrine to the clergy and/or the minority of personally devout laity.

One stark example I recall was from my work in Lebanon, during the 1975 – 1990 civil war, often described as a Christian vs Muslim conflict. The Ottoman ‘millet’ system persisted (with endorsement of the French former colonisers) with matters of personal status governed by official religious bodies, and each person’s religious community adherence marked on their I.D card. The following exchange took place between an expatriate colleague and a Lebanese student:

“Are you a Christian? You have to be Christian around here [the Falangist-controlled zone]”

“I don’t know. What’s a Christian?”

“Well, Christians believe in God”

“So do Muslims; and Jews; and Hindus”

“Really? Actually, I don’t believe in God. But I’m a Christian”

“How do you know that”

“It’s on my I.D card”

When religious bodies, and the development and humanitarian organisations that are attached to them, adopt actively transphobic and homophobic policies and practice, they are as likely to be doing so as vehicles of a larger political or cultural agenda as out of intense belief in a particular item of scripture – the justifications for homophobia in Jewish and Christian scriptures have long been dissected and disproved by multiple theologians.

In ‘developing’ and disaster-affected countries, it needs to be remembered that a large proportion of diverse SOGIESC people are also people of faith, and whether passively or actively, express their own values, conscious actions and aspirations in terms of those communities’ beliefs. Suffering and survival experiences are often framed in religious terms. A common pattern found among diverse SOGIESC survivors of different disasters has been that, despite the discrimination and exclusion they have suffered within their own communities, they continue to demonstrate a strong and altruistic commitment to the welfare of that same community; and this can apply to their religious community.

The actual functioning of faith-based humanitarian and development agencies at the ‘coal face’ can also show a degree of differentiation from official doctrine. In both Christianity and Islam, the doctrinal imperatives to help the needy and relieve suffering are explicitly universal – in Christian scripture this is most clearly enunciated in Matthew Chapter 25, sometimes known as ‘The Parable of the Great Surprises’.  Faith-based (or sometimes more accurately ‘faith-branded’) charities do often draw in members of the community with a primary motivation of compassion rather than promotion of doctrine; and in the past particularly, ‘missionary’ service was often a respectable way out for those uncomfortable with their home community’s expectations of conformity. Many will also speak, publicly or privately, about how encountering realities in the field had challenged and often changed some religious convictions they had set out with.

When working for an Islamic charity on post-disaster recovery in Indonesia, I encountered disquiet from several colleagues when they learned that the institutional donor requirements included basic training for them on HIV/AIDS response and its integration. More than one said that this would be encouraging collusion with immorality. All nonetheless attended on the given date. The trainer opened by asking what the central principles of Islam were. “Compassion and Justice” were the answers rapidly agreed by the whole group. She moved with both conviction and skill from there to talk about vulnerable groups, and where that vulnerability stemmed from – though notably not including diverse SOGIESC people. By the end of the hour and a half session, she had the whole group – all men, including two with near-fundamentalist beliefs – utterly won over and enthused particularly about the inclusion of vulnerable women; and understanding that their vulnerability stemmed from external and systemic factors.

There are many steps from a point such as that to systemic recognition of the rights and dignity of people with diverse SOGIESC. Looking at the wide spectrum of faith-based organisations, however, it seems clear that there are multiple points for potential engagement and leverage, and large numbers of both actual and potential allies.

For those interested in further reading on evolving social manifestations of religious faith, Olivier Roy’s Globalised Islam  – the Search for a new Ummah (http://cup.columbia.edu/book/globalized-islam/9780231134996) is highly recommended.

For a fuller treatment of the specific Quaker approach to humanitarian work, with brief mention of the role of lesbian and gay personnel, To Do Justly and to Love Mercy: Learning from Quaker Service by Mark Deasey (Backhouse Lecture 2002) is probably the most accessible short reference https://www.quakersaustralia.info/sites/aym-members/files/pages/files/2002%20Lecture.pdf

It’s time to re-examine Refugee Status Determination (RSD) as a protection tool

While persecution on account of sexual orientation or gender identity is grounds for a refugee claim, for refugees with diverse SOGIESC, refugee status determination (RSD) and the procedures that surround it frequently fall short of the spirit of protection enshrined in the 1951 Refugee Convention and its 1967 Protocol. Lengthy interview waiting times, inconsistent implementation of RSD standards (particularly credibility assessments), and a lack of sensitivity to LGBTIQ+ applicants are generally compounded by glaring protection gaps in countries of asylum. Dynamics of power that exist between institutions and individuals need to be addressed in order to create fairer outcomes for displaced sexual and gender minority groups. Done correctly, RSD can serve as an empowering storytelling tool that illuminates the diversity of experiences alive within refugee communities and informs the international humanitarian community’s broader understanding of sexual and gender identities.         

Let’s begin with a couple of scenarios.

I’m a white woman, in my late twenties, living in an African country where I conduct RSD interviews for UNHCR. There’s an immense backlog of interviews, because UNHCR doesn’t have the staff capacity to process the thousands of refugee claims it received this year. Today I’m interviewing four people in a row. Each interview should last between one and two hours. The final interview is with a young 18-year-old woman who fled one year ago from her home country, where she was being persecuted because she’s a lesbian. She’s from a rural village, has little education, and only speaks a local language. An interpreter from the same place as our applicant supports the interview. Our applicant is uncomfortable with this, because she’s suffered violence from individuals in the same community, but she doesn’t want to complain and potentially delay the interview any longer. Note that there are no words in the applicant’s language that positively identify her sexuality. Instead of an equivalent to lesbian, the interpreter is using something that translates closer to dirty. Through the interpreter, our applicant explains to me that she was ‘recruited’ at the age of 12 by a group of women who sold sex to other women. She developed a relationship with an older woman in this group, which was eventually discovered, forcing her to escape the country. Life in this new country is not easy. Last week, some of her neighbours attacked her in her house, and sexually assaulted her.

There is no evidence or information that I can find online that speaks to queer communities or sex work in our applicant’s village. The applicant does not know the real name of her former partner, and only refers to her with a nickname, which she explains is a local custom. The hotel she used to frequent does not have a name, nor did the road it was located on. She finds it difficult to describe her identity as a lesbian, how she came to realise this, and what it means to her.  

Let’s assume now that I’m a national of the country of asylum. I’m seconded by UNHCR to the government to assist with the handover of RSD. I interview this young woman. She tells me the same story, but she omits her experience last week, because she’s afraid that I might know the men that attacked her. I interview a lot of LGBTIQ+ asylum seekers from her country, but I find her story strange because she can’t give me any details. I want to give her the benefit of the doubt because she’s young and has no education, but I don’t have enough information to base a decision on.  

In both of these cases, I have no lived experience or understanding of what it’s like to be queer in a rural setting in an African country. I’ve never heard a story like hers before. My identity, as a decision maker, carries more weight than the identity of the applicant. There are immense power imbalances and dynamics in this small interview room that are not adequately addressed or mitigated. The veracity of the applicant’s story is determined based on four factors; is it consistent with evidence about the country of origin? Is the applicant consistent in their narrative? Is the applicant’s claim detailed? Is it plausible? There are, however, underlying biases attached to expectations of queer narratives. In reality, there is no single queer narrative – and these expectations need to be undone.

The development of jurisprudence and guidance confirms these biases. It is not uncommon for decision makers to reject LGBTIQ+ applicants on the basis that “he bears no effeminate traits or any other trait that would mark him as a homosexual; or, “while he claims to be distinctively gay, the Authority could not discern from this from his physical presentation.” In 2014, UK Barrister Sam Chelvan developed the “Difference, Stigma, Shame, Harm” (DSSH) model, which posits that the majority of LGBTIQ+ asylum seekers have experienced all four at some stage of living nonheteronormative lives. A model is helpful, although for decision makers who do not possess a critical understanding of the complexities of queer lives, it can be misleading. A presumption that a refugee should feel ashamed of their diverse SOGIESC is about as far off a strengths-based approach to collecting information as one could get.   

In reality, the fluidity and diversity of queer experiences does not fit neatly within strictly prescribed legal procedures. It is confronting for decision makers to set new precedents in the absence of evidence, which could also (but often does not) include their own lived experiences. To reduce some of the gaps, more queer decision makers are needed, especially from non-Western countries. Effort should be taken to reduce the power imbalances between decision makers and applicants. Communities should be consulted on their experiences in RSD interview rooms and should assist in the construction of interview guidelines and appropriate lines of questioning. Transparent and accessible feedback and complaints mechanisms need to function efficiently. A good measure of this would be whether applicants recognize and challenge instances of abuse of power, duress, and inappropriate lines of questioning.     

The process of constructing narratives through RSD interviews could also be harnessed as an important tool in better understanding the stories of the most marginalized LGBTIQ+ communities. This could take the form of a reverse-narrative method; involving a two-phase analysis process, where individuals first tell their own stories in an RSD context which is then extrapolated and triangulated with other sources to develop community and cultural contexts, and meta-narratives with other individuals. Allowing LGBTIQ+ asylum seekers to express personal experiences in culturally appropriate ways is more powerful and effective than trying to adapt these narratives to Western constructs that distort their relevance and introduce questions of doubt. If we can move beyond our narrow, Western understanding of queer experiences, the experience of our young lesbian applicant could evolve to create community stories that highlight common elements of a shared experience. Participatory narrative inquiries capture the dimensionality to social and cultural contexts, unearth indicators of decision and sense making, and allow for the infusion of socio-cultural relevance and identities with narratives. Decision makers should approach these stories from a perspective of empowerment, transformation, and understanding.