ORAM Overview Brochure

Blind Alleys

The Unseen Struggles of Lesbian, Gay, Bisexual, Transgender and Intersex Urban Refugees in Mexico, Uganda and South Africa

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Summary

B

etween 2011 and 2012, ORAM conducted research to inform and catalyze development of field-based programs enhancing the protection of sexually and gender nonconforming (SGN) refugees and asylum seekers in urban settings. Three countries with disparate social, legal, and economic environments were chosen: South Africa, Uganda, and Mexico. Researchers examined how lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees survive in these countries’ urban landscapes. We examined how SGN refugees interact with institutions rendering protection focused on human rights, migration, or asylum work. We also inquired how networked organizations and advocates achieve protection goals for SGN refugees in these settings.

We conducted dozens of interviews with multiple stakeholders in each country. Interviewees included SGN asylum seekers and refugees; human rights workers; asylum authorities; police, education and health authorities; domestic and local NGOs and service providers; international refugee NGOs; and SGN organizations and community members.

A final report with our detailed recommendations and programmatic roadmap will be released later this year. This brochure provides a preliminary glimpse of our findings. It is intended as an overview of the formidable obstacles facing SGN refugees in the countries examined. More importantly, it aims to shed light on practical solutions and opportunities available to address those issues. Our recommendations include:

n Forming Sexual and Gender-Based Violence and Persecution Units (SGBV/P Units) within NGOs; n Creating LGBTI refugee support groups; and n Conducting intensive LGBTI-focused trainings for all stakeholders.

Key Findings

by locals and refugees alike. Common forms of physical violence include rape, beatings, stoning, and robbery. Lesbians described sexual violence as well as the torment of bearing the children of their rapists.

SGN refugees in Uganda live in constant fear that their sexual orientations will be exposed. They exist in perpetual physical insecurity. Those who succeed in hiding their SGN status tend to be subjected to less violence, harassment, and extortion by authorities. At the same time, they experience extreme isolation, intense feelings of helplessness, and loss of the will to live. Restrictions on mobility render the refugees’ search for secure housing and stable employment very difficult. Many turn to survival sex work.

Many of the SGN refugees and asylum seekers we interviewed are aware of services available in their areas. At the same time, they know that few service-providers are prepared to meet their unique needs. Interviewees described high levels of xenophobia, transphobia, homophobia, stigma, discrimination, and marginalization in Uganda. Service providers and refugees alike acknowledged the need for safer spaces for the refugees to disclose their identities and experiences, both at NGO sites and within social support groups.

All research in Uganda was undertaken in partnership with the Refugee Law Project (RLP) at Makerere University in Kampala, which also co-authored the Uganda chapter of the report. Many of the “best practices” identified reflect the RLP’s highly innovative and integrated approaches to refugee protection, particularly in the SGBV arena.

UGANDA

SOUTH AFRICA

All the SGN refugees interviewed reported having been arrested and abused by Ugandan police. Even those whose identities are not completely exposed said they had been denounced to police by neighbors, or reported having been arrested for other reasons including prostitution.

SGN refugees reported abuses in Uganda

The SGN refugees we interviewed reported little violence by state actors in South Africa, although many described arbitrary arrest, harassment, and discrimination. Like most SGN refugees, those in South Africa are doubly marginalized because they are foreign and SGN. They reported consistent police failure to investigate crimes against them. While the

refugees believed xenophobia was the primary cause of this mistreatment, some said they had to hide their SGN to avoid further discrimination. A few interviewees reported that homophobic attitudes among the asylum authorities results in discrimination in the provision of refugee protection. Virtually all SGN asylum seekers said they had experienced abuse while waiting in long lines at the Refugee Reception Office (RRO). These abuses included extortion, harassment, beatings and rape.

SGN refugees are doubly marginalized in the private context as well. Harms experienced at the hands of non-state actors include verbal harassment and discrimination, physical abuse, and rape. Lesbians are particularly susceptible to the high incidence of “corrective rape” in South Africa.

Fear of homophobia-based harassment, violence, and discrimination leads many SGN refugees in South Africa to hide and isolate themselves. This in turn separates them from available protection.

MEXICO SGN refugees reported mixed experiences with the Mexican authorities. Many refugees framed their interactions with state agents positively, but also revealed discrimination that they simply normalized. Some recounted extortion or attempted extortion by the police, which they perceived as a fact of life.

Like all migrants, refugees tend to view conditions in their own countries of origin as points of reference. As many SGN refugees in this region come from countries characterized by severely homophobic environments, they often view their lives in Mexico as relatively tolerable. Nevertheless, many expressed feelings of isolation and a lack of community in Mexico.

The most serious non-state actor abuses in Mexico were attacks along migratory routes by criminal gangs and other migrants.

Many of the interviewees traveled alone or with other SGN migrants, thus heightening their vulnerability.

Mexican laws are among the most protective of LGBTI individuals in Latin America. But as a practical matter, failure to implement or enforce these laws means that SGN individuals do not actually enjoy basic protections. One NGO interviewee suggested that despite the positive legal environment, “[Mexicans] are accustomed to the idea that lesbians and gays have no rights.” SGN refugees can be severely harmed by police inaction, particularly in detention. Refugees reported being beaten by other detainees with no response from guards.

Universal Findings & Recommendations

O

ur recommendations are aimed at creating new paths of access to protection for SGN refugees. Our comparative analysis highlights best practices which include tapping into established social networks, forming new support networks, and other broadbased recommendations for stakeholders.

Most SGN refugees are unable or afraid to seek protection: Daily abuse, mistreatment, and marginalization have stripped away their physical security and their ability to trust. To work effectively with these individuals, NGOs must create and provide safe physical and social spaces.

To create protection space and to ensure that staff members are adequately informed and able to meet SGN refugees’ special needs, NGOs are urged to conduct regular sensitization trainings on sexual orientation and gender identity. All stakeholders should implement codes of conduct prohibiting discrimination on the basis of sexual orientation and gender identity. Such formal policies convey a sense of institutional expectation and support for SGN people.

SGN refugees conveyed that the strongest impediment to their protection is isolation.

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Many avoid venturing out of their homes for fear of being targeted by locals or other refugees.

To prevent such abuses on their own premises, NGOs are encouraged to discretely set aside specific office hours for SGN individuals.

Our report further recommends that whenever possible, NGOs should create independent LGBTI refugee support groups.

Principle benefits of these groups include subsistence aid and advice, information on safe housing, emotional support, and access to critically-needed information. SGN refugees are much more at ease among other LGBTI individuals. They report feeling less alone, and are more open to discussing their identities and problems.

Self-isolation impedes not only integration into the local community but also one’s chances of obtaining most types of protection. This is particularly true in urban settings, where SGN refugees avoid contact with other refugees altogether. Most refugees obtain vital information about the refugee status determination process, potential harms, and assistance opportunities through word-ofmouth. Support groups provide a safe, trustworthy forum and can lend essential support

for seeking help from seemingly-foreboding institutions.

In addition to offering practical forms of assistance, support groups are a strong vehicle of self-empowerment. They imbue SGN individuals with a sense of belonging, convey critically-important knowledge, and pave the way to improved protection.

Our report concludes that whenever possible, NGOs should create their own sexual and gender-based violence and persecution (SGBV/P) units, as well as independent LGBTI refugee support groups. Male and female SGN refugees alike often fall prey to sexual assault.

Lesbians and gay men suffer sexual extortion by police, corrective rape, and sexual violence in detention.

Finally, NGOs are encouraged to create SGBV/P units that provide comprehensive health care and support to these clients, as well as outreach and advocacy work related to SGBV/P, HIV/AIDS, sexual minorities, sexual reproductive health rights, and gender. A SGBV/P unit is also uniquely equipped to meet the health needs of these particular vulnerable refugees by providing referrals to LGBTI-friendly health care providers.

ORAM is the only international organization devoted solely to advocating for lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees fleeing brutalization due to sexual orientation or gender identity. ORAM works within a paradox of persecution-where secrecy is crucial for safety, but protection requires revealing identity.

Drawing upon its deep roots and extensive ties within both the refugee and LGBTI arenas, ORAM influences institutional changes that help create a more responsive climate and humane policies for refugees on their complex path to safety. An official partner of the United Nations High Commissioner for Refugees (UNHCR), ORAM has earned the trust of refugees and international colleagues alike.

Special thanks to the Arcus Foundation