Explanation

 “In many parts of the world, individuals are subject to serious human rights abuses because of their real or perceived sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC), particularly when these do not conform to dominant social and cultural norms. As of this writing, nearly 70 United Nations Member States criminalize consensual same-sex sexual acts de jure or de facto. Six States impose the death penalty, and sources indicate that the death penalty may be prescribed in five additional States, though with less legal certainty.¹

Severe persecution and discrimination from both State and non-State actors force lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ+) persons – including children and older persons, with and without disabilities – to leave their places of habitual residence in search of a safe environment in which they can fully exercise their rights. They may or may not be forced to cross an internationally recognized national border in order to access a safer environment. They may also be stateless - not considered as a national of any State under the operation of its laws.

LGBTIQ+ people frequently experience continued harm during the onset of an emergency situation,² while in transit and upon arrival in places of asylum. This harm includes but is not limited to: Stigmatization, sexual and gender-based violence, abuse by or lack of protection from security forces, arbitrary detention, refoulement, and exclusion from access to essential basic services. LGBTIQ+ persons who do cross a national border may arrive in countries where they face similar or higher risks of homophobic, bi-phobic and transphobic violence from both nationals of the host country as well as from other displaced people. These risks are exacerbated by other factors, such as xenophobic hostility, misogyny, irregular migration status, socioeconomic marginalization, isolation from traditional support networks and trauma-induced emotional duress. “ **

 

UNHCR and IOM are committed to protecting the rights of people with diverse SOGIESC.  Despite significant activity discrimination against these vulnerable migrants is still endemic. Even in countries of asylum, they can face stigma and abuse.

REFERENCE MATERIALS

** 2021 Global Roundtable LGBTIQ+ Persons in Forced Displacement and Statelessness: Protection and Solutions – Discussion Paper. https://www.unhcr.org/611e33704)

¹ International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), State Sponsored Homophobia: Global Legislation Overview Update. December 2020 Updated Edition. Geneva: ILGA.
² An emergency situation is a large-scale forced displacement situation which requires an immediate response. See UNHCR Emergency Handbook, 4th edition (2015), https://emergency.unhcr.org/about
³ UN Office of the High Commissioner for Human Rights (OHCHR), Joint UN Statement on Ending Violence and Discrimination Against Lesbian, Gay, Bisexual, Transgender and Intersex People, September 2015.

2021 Global Roundtable on Protection and Solutions for LGBTIQ+ People in Forced Displacement: https://www.unhcr.org/publications/brochures/611e48144/2021-global-roundtable-protection-solutions-lgbtiq-people-forced-displacement.html

UNHCR, Guidelines on International Protection No. 9: Claims to Refugee Status based on Sexual Orientation and/or Gender Identity https://www.unhcr.org/publications/legal/509136ca9/unhcr-guidelines-international-protection-9-claims-refugee-status-based.html

Queer asylum politics of separation in Germany: https://www.tandfonline.com/doi/full/10.1080/0966369X.2021.1931048

LGBTQ Resettlement through a Veil of Secrecy: https://www.frontiersin.org/articles/10.3389/fhumd.2021.594214/full

State-Sponsored Homophobia Report: https://ilga.org/state-sponsored-homophobia-report