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Changing Families and Communities: An LGBT Contribution to an Alternative Development Path

Elena Robertson
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Changing Families and Communities: An LGBT Contribution to an Alternative Development Path

The article opens with an introduction to neo-liberalism as a heteronormative agenda, arguing that the harmful effects of the neo-liberal policies that have been popular since the early 1980s are now widely recognised and that neo-liberalism has changed the ways heteronormativity manifests. The author points to the ways heteronormativity manifests in different contexts, such as the way low rates of women’s participation in the labour force have perpetuated the invisibility of women and lesbians in the Arab world. The author touches upon topics such as chosen family, casualisation of the labour force and growing informal economy, and the economic inequality within established and emerging LGBT communities.

The author then moves into a discussion of the sexual dimension of neo-liberal globalisation, opening with the example of official support for Thailand’s tourism industry without recognising the role of sex tourism. The author then moves into a discussion around the ways LGBT people and communities ‘fit’ (or do not fit) into the neo-liberal agenda, using the HIV/AIDS epidemic and subsequent advocacy for healthcare rights as an example. The impact on queer women is discussed before delving into an analysis of the ‘queering’ of families and communities. This is analysed further in the following section on self organisation of LGBT people in the face of resistance, their tactics, and the lessons that can (and should) be learned from these activists.

The author closes with ‘a queer agenda for participation’ and ‘a queer agenda for economic empowerment.’

Syrian Refugees in the Middle East and North Africa: Building Capacity for Protection of LGBTI Persons of Concern–Jordan

Elena Robertson
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Syrian Refugees in the Middle East and North Africa: Building Capacity for Protection of LGBTI Persons of Concern–Jordan

UNHCR Jordan began an initiative to build the capacity of its five offices to protect and assist LGBTI Syrian refugees, asylum seekers and other persons of concern. 90% of the more than 700,000 refugees and asylum seekers in Jordan are Syrians who were forced to flee as a result of armed conflict. Jordan is also host to more than 2 million registered Palestinian refugees protected by UNRWA. 

This report provides an overview of the legal and social context of Jordan and the history of UNHCR Jordan’s interactions with LGBTI refugee and asylum seekers dating back to the beginning of the Iraq crisis. UNHCR Jordan collaborated with ORAM to organise a workshop on LGBTI issues in November 2013 to map needs and develop a strategy to strengthen LGBTI protection. The strategy incorporated lessons UNHCR Jordan had learned in the more than a decade of working with LGBTI refugee and asylum seekers and feedback from LGBTI refugee and asylum seekers on the risks in their countries of origin and in Jordan, and on their specific protection needs.

National LGBTI advocates and community members attended the workshop. The resulting strategy is based on two pillars: 1) training design to strengthen LGBTI awareness among UNHCR staff and partners; and 2) improve protection responses to LGBTI persons of concern. It does not aim to establish LGBTI protection as a stand-alone intervention but to mainstream LGBTI protection.

An internal network of 70 LGBTI-sensitised UNHCR staff was created. Safe spaces are signalled through the displaying of rainbow flags, colours and through the wearing of badges/pins that say ‘you are safe here’ in Arabic and English. 20 half-day training sessions were also created and deployed with more than 435 humanitarian staff from 24 organisations. The chapter emphasises the importance of including LGBTI persons in all parts of this initiative, and the centrality of listening to and incorporating feedback from persons who have undergone UNHCR interviewing in their capacities as LGBTI persons of concern. As a result of this initiative, LGBTI awareness and sensitivity has increased in UNHCR Jordan, across partner organisations and advocates.

The key lessons learned are to ensure facilitators are prepared to address anti-LGBTI sentiments in trainings. The chapter recommends using a service delivery lens rather than a cultural debate. The humanitarian principle of  impartiality is key in this lens. Presenting case studies of instances of abuse of power and violence against LGBTI persons by individuals in power was an important part of the discussion of power and authority.

The chapter concludes with several recommendations to scale up the project and/or expand to other areas. These recommendations include: consultations with LGBTI persons; avoid distribution of printed materials on LGBTI inclusion/issues in contexts where possession of LGBTI materials is a risk factor; and taking specific steps to ensure the diversity of LGBTI persons are considered (i.e. trans women do not have the same needs as cisgendered gay men etc).

Still a blind spot: The protection of LGBT persons during armed conflict and other situations of violence

Kirsty McKellar
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Still a blind spot: The protection of LGBT persons during armed conflict and other situations of violence

The article begins by describing the humanitarian hardships experienced by LGBT communities during armed conflict and the ways international human rights law and international humanitarian law do and do not address these issues. The article highlights that what little reporting has been done on the experiences of LGBT people during armed conflict reflects that individuals who are or are assumed to be members of the LGBT community are persecuted for their sexual orientation and/or gender expression. LGBT individuals from Syria have testified that their friends, neighbours, former school mates and families have threatened them or ‘sold them out’ to various armed groups. The author provides examples from Central Africa Republic, DRC, Afghanistan, Colombia and Peru of how LGBT people are persecuted during conflict, as well as how LGBT identities are used to persecute people.

The author then moves into a discussion of the changes in international human rights law frameworks that have occurred in light of increasing awareness of violence based on sexual orientation and gender identity/expression. For instance, the Committee on CEDAW has determined that criminalisation of same-sex intimate relations violates rights guaranteed by CEDAW. The challenge of actualising the rights of LGBT persons in conflict is discussed.

The legal framework of international humanitarian law—which is silent on sexual orientation and gender identity—is then discussed. The responsibility of states to uphold international human rights law in conflict is considered. The author then identifies the specific principles of international humanitarian law that are relevant to the protection of LGBT people in conflict, and the obligations under international law to respect the Geneva Conventions.

The author then discusses the practical challenges of applying these norms in conflict, including discussions on the LGBT community in the context of conducting hostilities, detention, ill-treatment while in detention, family life, relocation and repealing anti-LGBT laws in occupied territories. The latter is discussed in detail.The paper concludes with a discussion of the resistance by states to implement and uphold their legal obligations to protect the rights of LGBT persons in conflict.

The Relationship Between LGBT Inclusion and Economic Development: An Analysis of Emerging Economies

Kirsty McKellar
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The Relationship Between LGBT Inclusion and Economic Development: An Analysis of Emerging Economies

This study by the Williams Institute presents the findings of a 39-country study looking at the impacts of inclusion of LGBT people in emerging economies.

The report presents an outline of the context of LGBT people globally, and points to a link between higher levels of LGBT inclusion and high levels of national economic development. The report defines the issue and scope of the project and presents the countries examined in the report (such as Albania, Nepal, Argentina, Russia, Thailand and South Africa).

The report then moves into a discussion of human capital and economic development as well as key theoretical frameworks.

Overall, the research found that LGBT people experience widespread and multiple types of discrimination that has harmful economic impacts. This includes unjust arrest and detention by police; concerted efforts by the police to humiliate and extort LGBT people; high rats of physical, psychological and structural violence which can restrict the ability to work; workplace discrimination that can prevent entry or advancement in the job market; barriers to physical and mental health; and high rates of bullying and discrimination in the education system, which contributes to dropping-out.

The report then provides recommendations, including to expand the research beyond the original 39 countries.

Queering disasters: on the need to account for LGBTI experiences in natural disaster contexts

Kirsty McKellar
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Queering disasters: on the need to account for LGBTI experiences in natural disaster contexts

This journal article argues that taking queering research and policy approaches to navigating environmental disasters is critical for inclusive and effective policy and research. The article opens with a presentation of the world’s current ‘state of affairs’ with natural disasters (increasingly frequent and severe) before providing an overview of the ‘disaster cycle.’ The authors then move into concepts of vulnerability and argue that LGBTI people are largely excluded from disaster research, planning and mitigation activities.

The authors then delve into the major case study of the paper, Hurricane Katrina. The authors demonstrate that the heteronormative, middle class assumptions made by US disaster planners excluded LGBTI individuals and have thus excluded LGBTI residential, commercial and tourist areas from adequate rebuilding funding. Further case studies of the 2010 Haitian earthquake and South and Southeast Asian disasters are discussed in brief.

The authors argue that more data is needed on the experiences of LGBTI people and communities in natural disaster contexts through a systematic and focused research agenda. The authors argue that, following research, significant action must be taken to reduce the unique vulnerabilities LGBTI populations face during and after disasters—vulnerabilities that, the authors argue, are underpinned by heteronormative assumptions in disaster response and recovery.

The authors conclude with a recommendation that more needs to be done to enhance the resilience and adaptive capacity of LGBTI populations; this can only be done if the creative resilience of LGBTI populations is recognised and used through a strengths-based approach.

Training Manual for Facilitators: Working with LGBTI Persons in Forced Displacement and the Humanitarian Context

Kirsty McKellar
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Training Manual for Facilitators: Working with LGBTI Persons in Forced Displacement and the Humanitarian Context

This facilitation manual presents a comprehensive guide to the IOM’s guidance on working with LGBTI persons in forced displacement and humanitarian contexts. This facilitation manual covers foundational topics such as terminology and safe spaces; methods for conducting interviews; operational protection such as identifying risk points for LGBTI persons; thematic topics including international law, SGBV, travel and transit and intersectionality; and refugee status determination. There are companion online tools and presentations across a range of these topics. This interactive training is meant for humanitarian workers and those involved in refugee status determination. The manual provides sample schedules for this multi-day training.

From Night to Darker Night: Addressing Discrimination and Inequality in Yemen

Kirsty McKellar
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From Night to Darker Night: Addressing Discrimination and Inequality in Yemen

This 360-page country report provides a comprehensive overview of discrimination and inequality in Yemen. The report opens with a summary of Yemen’s history since 2000 and a more detailed analysis of current social, legal, economic and political climate with a focus on the on-going war.

The report then moves on to the legal and policy framework as related to equality and non-discrimination in international and regional law and legal mechanisms, and in the formal and informal tribal Yemeni justice systems. Yemen is a signatory to the ICCPR which prohibits discrimination between individuals.

The patterns of discrimination and inequality in Yemen are then examined. The report organises discrimination by theme, moving from political opinion to religion/belief, and discusses sexual orientation in section 3.7 starting on page 241.

The size of the lesbian, gay, bisexual and transgender community in Yemen is unknown: as recently as 2013, an aide to the Minister of Human Rights declared that “[we] don’t have gays in Yemen.” The report discusses the evidence that has been gathered by human rights organisations, all of which suggests LGB individuals are afraid to reveal their sexual orientation due to threats against their safety and lives. The report notes that no information was available at the time of publication regarding discrimination based on gender identity. The report discusses multiple other patterns of discrimination before moving into the conclusion, where the report notes ‘substantial evidence of discrimination and disadvantage arising on a range of grounds’ including sexual orientation.

The responsibility to prevent and respond to sexual and gender-based violence in disasters and crises

Kirsty McKellar
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The responsibility to prevent and respond to sexual and gender-based violence in disasters and crises

This report contributes new evidence on why and how SGBV increases during and after humanitarian disasters, and how humanitarian actors can better prevent and respond to this escalation. The research used in this report is based on community views of disaster-affected women, adolescent girls, men and adolescent boys in Indonesia, Lao PDR and the Philippines. This report includes data on the experiences of men and boys following disasters in an attempt to bridge the gap in SGBV research.

The report primarily uses binary and heteronormative understandings of gender and relationships. The primary focus of this report is reducing male SGBV against women. High levels of rape-supportive attitudes, such as adolescent girls who are sexually assaulted are at fault due to their dress, were reported across many of the men and boys research groups.

Chapter three covers the results from Indonesia following the 2016 Pidie Jaya earthquake in Aceh and flashflood in Bima. While violence against women is illegal in Indonesia, research suggest high levels of violence-supportive attitudes among women, and SGBV was high following the earthquake in Aceh and flooding in Bima. Overcrowding was a significant challenge in post-disaster shelters, as were the lack of gender-segregated toilets and lack of safe spaces for women. There were significant gaps in referral pathways for people experiencing violence, and an almost total lack of psychosocial support in communities. The main themes from FGDs in Indonesia were:
-The increase in sexual harassment in temporary shelters was due to lack of separate toilets for men and women
-The importance of well-designed livelihoods interventions prevent increased risks of SGBV
-There is high dependence on village-level dispute resolution mechanisms (rather than police or the judicial system)

Generally speaking, the lack of separate spaces for men and women contributes to an increase in SGBV following disasters (i.e. toilets, shelter, education spaces etc). The need for safe spaces was a theme across all focus groups and interviews across the three countries. One of the specific challenges to the inclusion, recognition and protection of people with diverse genders and sexualities was the binary understandings of gender across all three countries’ legal systems. Discrimination based on sexual orientation, gender identity or expression was not part of any anti-discrimination legislation at time of publication. This increases the risk that people from the LGBTQI community will experience discrimination and harassment, and that they will have no legal recourse.

Increases in SGBV in the immediate aftermath of natural disasters was a common theme. The lack of gender-segregated toilets, shelters and educational spaces were identified as significant contributing factors, as were the lack of fully locking toilets. SGBV is largely unreported following disasters for a variety of reasons, including the widespread acceptability of SGBV, lack of reporting pathways and lack of surveillance.

The lack of involvement of women in planning efforts was another theme across the three countries in this report. Women have reduced mobility in all areas where research was carried out. This is due to cultural norms and fears of SGBV in non-disaster settings. Disaster settings increase these fears as well as the risk of assault, especially in circumstances where women do not have separate spaces from men.

The report briefly mentions the ways in which LGBTQI needs could be better understood and met within the disaster context, making recommendations to include LGBTQI advocacy groups in cluster planning committees, create an LGBTQI council and create and resource a SGBV task force that includes representatives of the LGBTQI community. The need to better understand and incorporate preparedness, response and recovery for lesbian women, gay men, transgender people, queer and intersex individuals emerged as a theme in many key informant interviews and as one of the gaps identified in the background section of this report. Mentions of the LGBTQI community were notably absent in FGDs and interviews in Indonesia, and appeared only in the recommendations section (which features verbatim recommendations for all three countries with reference to including LGBTQI groups in the Inter-agency standing committee IASC).

This report provides solid insight into the experiences of women and girls of male-perpetrated SGBV following disasters. The report did not focus on the needs or experiences of members of the LGBTQI community, although the particular challenges facing this group did appear.

Psychological Resilience and Flooding: The Case of Teenage Trans women (TTW) in Quezon City, Philippines

Kirsty McKellar
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Psychological Resilience and Flooding: The Case of Teenage Trans women (TTW) in Quezon City, Philippines

This paper uses the case study of teenage trans women in Quezon City, Philippines to highlight the ways in which pre-emergency marginalisation contributes to resilience and recovery in emergencies. The authors first provide evidence to support the argument that pre-emergency marginalisation is negatively correlated with resilience: trans women are one of the most neglected groups in society, say the authors, both prior to and following disasters. The paper then provides an overview of resilience and the resilience of the transgender community in particular, before delving into the case study.

This study is an ‘exploratory-descriptive type of research’ focused on the psychological resilience of teenage trans women following severe flooding. This study is based on three in-depth interviews. The study found that the three participants were all low income, Roman Catholic and in tertiary education. The researchers queried the participants’ understanding of the causes of flooding and their experiences of flooding. The authors identified a number of direct and indirect impacts of the flooding including traumatic stress. The on-going trauma and discrimination the participants face on a daily basis was compounded during the disaster and early recovery.

The authors then discuss the post-disaster challenges faced by the respondents: the layers of marginalisation faced by these young women contributed to ongoing marginalisation. The authors then discuss emergent themes and their implications for young trans women and the LGBT community more broadly. Structural weaknesses and environmental issues; lack of sound disaster management measures; inaccessibility of basic needs and resources; and prevalence of discrimination against and intolerance towards trans women, were all identified as consistent themes that contributed to the respondents’ marginalisation. Despite these challenges, the authors note that all respondents were remarkably psychologically resilient, drawing upon their informal networks (such as trans and trans affirming friends), supportive families and community members, spirituality and positive self-attitude. The report concludes with a series of recommendations, specifically that teenage trans women and the LGBTQIA community more broadly be included, empowered and further educated in DRR processes.

Strengthening Gender Analysis in the Rohingya refugee response

Kirsty McKellar
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Strengthening Gender Analysis in the Rohingya refugee response

This concise 6-page thematic report details the importance of a gender analysis when approaching humanitarian response to the Rohingya refugee crisis. It was structured using discussions with key informants from the humanitarian community, where findings were built on participation in cluster, sub-cluster and working group meetings in Cox’s Bazar. It was also built on a review of secondary data.

First, it discusses the existing gender inequality and power structures in Rohingya society, before highlighting how such inequalities may be exacerbated during times of crisis. It also discusses the barriers women and girls around the existing camps and makeshift settlements. For example, a lack of gender analysis when designing and implementing a WASH response meant major barriers for women and girls trying to access latrines or bathing facilities, with most non sex segregated. The document provides five-steps to a Rapid Gender Analysis as per Care International’s guide. Finally, nine key challenges are listed, with accompanying recommendations for the humanitarian sector detailed.

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