Rainbow Railroad Direct Referrals to the HRD Stream

Rainbow Railroad

Direct Referrals to the Human Rights Defenders Stream

Introduction

The Canadian government has established a dedicated refugee stream for human rights defenders (HRDs) for resettlement to Canada, and is exploring the possibility of opening this stream to credible non-governmental organizations such as Rainbow Railroad to make specialized direct referrals of their internal cases. Rainbow Railroad is grateful for the opportunity to be considered under this emerging pathway and to be engaged in an ongoing conversation around our direct referral capacity.

Context

Through the existing HRD stream, Rainbow Railroad has had the opportunity to collaborate with Protect Defenders in their management of a consortium of NGOs; having referred cases through the Afghanistan and Global streams. While we’ve had some success in our partnership through the consortium, currently, the HRD program is relegated to individuals who meet highly specific criteria, including meeting the definition of a refugee, having fled their country without return, lacking access to a durable solution in the host country and having interest in permanent resettlement in Canada.

LGBTQI+ HRDs are especially likely to be overrepresented as internally displaced persons (IDPs). The majority of HRDs work locally, trying to advocate for changes to the laws and policies that criminalize and persecute LGTBQI+ persons. Most commonly, LGBTQI+ HRDs form loose collectives and provide a lifeline for LGBTQI+ persons within their countries of origin. According to the OHCHR, the majority of HRDs are in-country doing the on-the-ground work to advance universal human rights on a local or national level. The Special Representative of the Secretary-General on human rights defenders has emphasized the particular dangers facing HRDs in states where “the legal and institutional protections and guarantees of human rights are not fully assured or do not exist at all.” Many of the LGBTQI+ HRDs we support are not only operating where state legislation fails to protect them, but where states actively persecute on the basis of the rights activists are fighting to uphold. For many LGBTQI+ HRDs, operating where legislation criminalizes same-sex intimacy is the reality and is what makes their advocacy work particularly dangerous. When discrimination and persecution are regional, LGBTQI+ HRDs are also limited in their ability to find refuge in nearby states.

LGBTQI+ HRDs who would seek refuge outside their country’s borders, may face specific barriers that prevent them from leaving their country of origin. For instance, many cannot gather the means to travel as they cannot rely on their families for support and are barred from accessing traditional employment opportunities. Due to pervasive transphobia, trans women are especially marginalized in this regard and disproportionately at risk of exploitation. The ability to arrange travel can be an issue at both the social and state level, and cis-gender queer women and trans people have reported difficulty accessing travel documents, or leaving their home at all, without the support of male relatives. These examples highlight just a few of the many ways that those facing LGBTQI+-based discrimination are specifically prevented from becoming refugees and are therefore especially likely to be represented in in-country HRDs and IDPs. In our experience, the requirement that HRDs for this program be convention refugees particularly excludes LGBTQI+ rights defenders from accessing this pathway to safety.

We have also found the high burden of documentary evidence required by this stream has uniquely disqualified LGBTQI+ human rights defenders from accessing this program. As of 6 April 2023, Rainbow Railroad has 388 prospective HRD cases in our database system, but not all cases will have adequate evidence to meet the strict requirements for the resettlement scheme. Due to the underground nature of much LGBTQI+ activism, some human rights defenders have only limited evidence regarding their activism or their persecution on account of their activism, distinct from their persecution for their LGBTQI+ identity, which are closely intertwined. Under the existing program, we have found that the high burden of documentary evidence required precludes some of our cases from qualifying, even though it is widely acknowledged within the international human rights defenders space, that LGBTQI+ activist are often forced to work underground and often in isolation even from other rights defending organizations and activist circles. We currently have 37 verified HRD cases, out of which 177have UNHCR refugee status determination.

Due to the unpredictability of LGBTQI+ persecution and government crackdowns, we cannot always anticipate when it will be necessary for HRDs to leave their work and seek refuge in another country. At times, a larger group of HRDs may emerge as needing protection, something which we monitor very closely. At these times, while resettlement schemes are vital pathways to safety for activists facing immediate danger, they may not align with the actual needs of individuals hoping for temporary respite from harm so they may return to their countries of origin to continue their human rights work on the ground. The need for temporary relocation and the ability to return to activism work are often key aspects of the LGBTQI+ rights defenders we work with, and both features exclude them from the Canadian human rights defenders stream as it exists in its current form.

Prospective Case Referrals

In our experience, the parameters outlined have severely limited our ability to refer verified LGBTQI+ human rights defenders currently in our system. Despite receiving nearly 10,000 requests for help last year alone, if we were granted trusted partner status under the HRD stream as it exists now, we believe we would be able to submit approximately 50 cases.

We are able to provide this number after an initial review of our intake data. However, in being made aware of this landmark opportunity, we have begun a comprehensive review of the hundreds of cases in our system currently flagged as HRDs, and will be following up on this brief with an updated estimate confidently informed by our data. Although there are limitations on the program, we were pleased to see IRCC respond to our recommendations to enhance this program by removing the requirement for refugee status determination (RSD) from individuals applying through the Global Stream. We remain optimistic that IRCC will continue to adapt this program to reflect feedback from civil society organizations with real experience supporting international HRDs. For instance, temporary respite options in addition to full permanent resettlement, removing the requirement of non-return to home country of activism, opening up the stream to LGBTQI+ rights defenders in-country, and adjusting documentary evidence thresholds to reflect the real conditions of underground and often illegal activism in which LGBTQI+ rights defenders are forced to operate, would significantly improve the program as it continues to develop over time.

Partnering with Rainbow Railroad

Rainbow Railroad is well positioned to identify HRDs for resettlement. Our trusted relationships with underground collectives, unregistered groups, and LGBTQI+ rights defenders give Rainbow Railroad unique access to global networks of vulnerable individuals facing persecution based on their sexual orientation, gender identity, and sex characteristics (LGBTQI +). This model has led to the successful relocation of thousands of individuals and has strengthened the global LGTBQI+ movement more broadly. Since 2019, Rainbow Railroad has partnered with more than 50 organizations engaged in work with the LGBTQI+ community. While these partners are headquartered in 24 countries, many of the organizations work regionally and their reach extends into neighboring countries.

Rainbow Railroad is well positioned to verify HRD cases for referral. A foundational element of Rainbow Railroad’s work is partnership with local human rights defenders, activist networks, and organizations that provide on-the-ground insights, verification, identification information, and logistical support for ensuring timely and accurate verification of persecution claims. In addition, we draw on the technical expertise of our dedicated staff of caseworkers and protection experts, including several human rights defender colleagues who have lived experience of forced migration or persecution based on their LGBTQI+ identities.

Rainbow Railroad is well positioned to support HRDs through the application and resettlement process through the Canadian HRD stream. We have years of experience in supporting applications for the Private Sponsorship of Refugee program with the Canadian government, including the identification, verification and support of refugees throughout the lengthy resettlement process. From 2022 until now, we have also supported more than 600 Afghan refugees to apply to resettle in Canada, including identifying Afghans at risk, vetting and verifying their cases and supporting them through the application process with IRCC.

Becoming a Trusted Referral for Government Assisted Refugees (GARs)

As an organization operating at the unique intersection of LGBTQI+ forced displacement, demands for our services only continue to grow, and we expect to receive over 10,000 requests for help next year. Therefore, while trusted partner status under the HRD program is an important opportunity, there is a need to develop this relationship beyond the limited scope of HRDs, and establish Rainbow Railroad as a trusted partner to refer LGBTQI+ refugees as Government Assisted Refugees. Acknowledging that this is a role currently fulfilled by UNHCR, it bears noting they have recognized Rainbow Railroad for our unique insights into LGBTQI+ asylum seekers, who face particular barriers in accessing the mainstream international asylum and refugee protection system. We are actively collaborating on complex case support related to SOGIESC-sensitive refugee status determination as well as engaging in ongoing talks with UNHCR about formalizing an institutional partnership. We look forward to continuing the dialogue on developing our partnership with the Canadian government for HRDs and GARs.

About Rainbow Railroad

Rainbow Railroad is an international organization, registered in Canada and the United States, whose mission is to provide solutions for individuals in immediate danger of persecution or violence amidst the global refugee crisis. In partnership with a global network of LGBTQI+ organizations and human rights defenders, we support individuals experiencing violence with temporary relocation assistance to get them out of harm’s way, and where necessary, permanent resettlement solutions. Rainbow Railroad has assisted over 7,600 LGBTQI+ individuals at risk since its founding in 2006, including nearly 1,500 persons supported through emergency relocation assistance to safe(r) countries.

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