Civil and Political Inclusion
of a particular social group. The act defines the term “social group” as “a group of persons of a particular gender, sexual orientation, disability, class, or caste.”74 In Kosovo, SOGI is a protected ground under the country’s asylum law.75 Mexico does not explicitly recognize persecution based on SOGI as grounds for asylum; however, the term “social groups” is used to offer asylum to sexual and gender minorities.76 SOGI is also not specifically mentioned in Uruguay’s asylum law, but persecution based on SOGI falls under “life-threatening risk.”77 Historically, Uruguay has received refugees fleeing persecution on the basis of their sexual orientation or gender identity.
“Growing up in Jamaica’s Montego Bay, Glenroy enjoyed an idyllic childhood until his family discovered he was gay. They physically attacked him and threw him out of the house and eventually forced him to seek refuge thousands of miles away from his home country. Glenroy made his escape from Jamaica with the help of Rainbow Railroad, a Canadian organization that helps LGBT+ people escape danger in their home countries and find safety elsewhere.” —Lopez (2018)
It is advised that countries adopt the following good practice policy actions: ■■ Introduce legislation that specifically recognizes persecution based on SOGI as grounds for asylum. ■■ Offer support to sexual and gender minority organizations and groups that work with sexual and gender minority asylum seekers, while abolishing laws that ban the creation of such organizations. ■■ Provide SOGI-inclusive training to customs officials, police officers, and civil servants working on asylum claims.
Notes 1. See chapter 4 on access to public services and social protection. 2. Questions addressing political representation and national action plans in the indicator set on civil and political inclusion are: How many members of parliament or other national, elected representative body openly self-identify as sexual or gender minority? Are there national action plans on SOGI? 3. Bangladesh’s Second Five-Year Strategic Plan (2016–20) is available at http://nhrc.portal.gov.bd/sites /default/files/files/nhrc.portal.gov.bd/page/535c363f_91a8_40b6_b58a_714954c85b4e/2nd_Five -Year_Strategic_Plan_%282016-2020%29_of_JAMAKON.pdf.
103