Tag Archives: Central Europe

Germany News | Asylum-Seekers

Report indicates attacks on asylum-seekers down in Germany
  • According to police, there were 704 cases of anti-refugee violence from January to June, down more than a third from 2017.
  • The 2018 attacks included 77 on asylum shelters and 627 direct attacks on refugees, resulting in 127 injuries.
  • The reduction has come as immigration debates continue to erupt along political fault lines, including the introduction of “anchor centers” for asylum-seekers awaiting judicial decisions and the limited restart of family reunifications.
Read

Fewer attacks on refugees and asylum shelters in Germany” (Reuters | August 2018)

Germany opens refugee ‘anchor centres’ amid criticism” (Al Jazeera | August 2018)

Family reunification for refugees resumes in Germany” (Deutsche Welle | August 2018)

Hungary News | Asylum-Seekers, Undocumented Migrants & Advocates

Hungary passes laws criminalizing support of asylum-seekers and undocumented migrants
  • The Hungarian parliament passed legislation criminalizing the “organization of illegal immigration,” prohibiting individuals and organizations from providing aid to undocumented immigrants including support in asylum petitioning.
  • Framed as retaliation against the pro-immigrant efforts of billionaire Hungarian-American philanthropist George Soros, the laws could subject those found guilty of providing support to asylum-seekers to imprisonment for up to a year.
  • The passage comes amidst a wave of anti-immigrant sentiment in the country, spearheaded by recently reelected Prime Minister Viktor Orbán.
Read

Hungary passes anti-immigrant ‘Stop Soros’ laws” (The Guardian | June 2018)

Hungary to criminalise migrant helpers in crackdown” (BBC News | June 2018)

Hungary aims to criminalize aiding illegal migration in ‘Stop Soros’ bill” (Reuters | May 2018)

Austria News | Muslims

Austrian government announces Islam crackdown, shutters mosques
  • Austrian Chancellor Sebastian Kurz announced that it would be dissolving the Arab Religious Group, which runs six mosques, along with a Turkish mosque and would be shut down.
  • The Interior Chancellor also announced that the residence permits of dozens of foreign-born imams associated with Turkish organization ATIB were under review, which could lead to their deportation if revoked.
  • Implementing its pledge to restrict immigration and monitor assimilation, the government, a conservative coalition that includes the far-right Freedom Party, is using as justification a 2015 law prohibiting the foreign funding of religious groups and for Muslim organizations to support the Austrian state and society.
Read

Austria to shut 7 mosques and could expel dozens of imams” (Al Jazeera | June 2018)

Austria shuts down seven mosques in what it says is ‘just the beginning’ of a crackdown” (The Washington Post | June 2018)

Erdoğan warns of ‘crusader-crescent war’ after Austria’s shutting of mosques” (Hurriyet Daily News | June 2018)

Switzerland Research | Black

Countering Racism in Switzerland

Following an uptick in reports of prejudice, harassment, and discrimination over the last decade, several Swiss federal agencies and civil organizations have undertaken research to outline the prevalence and dimensions of racism, discrimination, and racial prejudice in the country, focusing on the ways in which cultural, political, and administrative practices marginalize people of color and exclude them from conceptions of Swiss national identity. Anti-black racism has emerged as a phenomenon of particular concern, ranging from everyday prejudice and harassment to discrimination in housing, employment, policing, and access to public accommodations and services. The continuing growth of Switzerland’s Afro-descendant population—having doubled over the last decade to some 100,000 people—has made countering racism a priority in the integration of new generations of residents, and experts have begun issuing recommendations including increased service provision, media representation, anti-profiling measures, and data collection.

Study

Recommandations sur le thème du racisme anti-Noirs en Suisse (Federal Commission Against Racismin French | December 2017)

Incidents racistes recensés par les centres de conseil (Federal Commission Against Racismin French | April 2017)

Rapports sur la discrimination raciale en Suisse (Federal Department of Home Affairs, in French | 2012-2016)

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Racism in Switzerland: ‘People of colour are automatically perceived as foreigners’” (The Local | January 2018)

 

Citations | LGBTQ+ Asylum-seekers

Citations
Asylum Claims and the Adjudication of Sexual Identity

In immigration systems around the world, credibility stands as the primary burden of proof and identity indicator for sexual and gender minorities fleeing persecution in their countries of origin. In determining who assesses credibility and how, however, precision has long eluded researchers, lawmakers, and adjudicators as fluidity and multiplicity in identity has come to define sexual- and gender-minority communities. The reliance on expert assessments and interviewer perceptions in legal and administrative decisions has proven problematic from both a scientific and human rights perspective. Testing often involves a combination of physiological and psychological measurement, from arousal responses to personality assessments, and interviews have been based on a range of cultural biases and unrealistic expectations.

Immigration laws across nations have variously granted or denied asylum based on behavior, identity, affiliation, or perception, and the lack of standardization has created a large degree of uncertainty for LGBT individuals fleeing unsafe conditions in their countries of origin. This Citations installment outlines the patchwork of domestic and international laws and guidelines framing the consideration of asylum claims by sexual and gender minorities in popular destination countries, region- and country-specific legal and administrative processes, and recent trends in the assessment of sexual and gender identity and asylum claims.


Global

The U.N. Convention Relating to the Status of Refugees (also known as the 1951 Refugee Convention) established guidelines determining the status of an individual as a refugee, defined as “someone who is unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.” The “membership of a particular social group” item has become the cornerstone of the expansion of asylum rights to LGBT individuals fleeing persecution, and international organizations have undertaken efforts to outline frameworks for ascertaining such membership.

European Union

In a victory for LGBT asylum-seekers in Europe, the E.U. Court of Justice recently ruled against Hungarian immigration officials’ decision to deny a gay Nigerian’s asylum claim as the result of a sexuality assessment test. In its ruling, the ECJ determined that while such psychological assessments are not prohibited, the results cannot factor into asylum decisions when testing methodology contravenes any of the human rights outlined in the Charter of Fundamental Rights of the European Union. The decision comes as the culmination of a series of rulings related to the assessment of sexual identity in asylum decisions in member states amid historic levels of trans-Mediterranean migration.

United States

Since 1994, the U.S. has recognized sexual identity as grounds for granting asylum in the country. The political and legal recognition of LGBT asylum-seekers has co-evolved with that of LGBT citizens, with asylum decision-making processes having liberalized alongside greater scientific research into sexual orientation and expanding legal rights and protections for LGBT citizens. Today, LGBT asylum-seekers submit an application that includes documentation corroborating both individual circumstances as well as the conditions LGBT individuals face in their country of origin and are then selected to participate in an interview with the Department of Homeland Security. With no government data kept regarding the outcome of claims based on sexual orientation, however, transparency and accountability have emerged as central issues for advocates and watchdogs seeking to promote security and rigor in adjudication.

Australia

While Australia has recognized sexual orientation as part of the 1951 Convention’s designation of “membership of a particular social group,” the country has faced significant criticism for its asylum process for LGBT petitioners, which has included low approval rates and offshore detention that has further imperiled asylum-seekers. When asylum-seekers have gone before the Refugee and Migration Division of the Administrative Appeals Tribunal in a final attempt to secure asylum, they have faced arbitrary, invasive, stereotypical, and culturally ignorant lines of questioning and expectations by interviewers and offered private photos and texts by asylum-seekers in desperation to “confirm” their sexual identity.

Canada

As immigration and refugee acceptance have become political hot topics in Europe, the U.S., and Australia, Canada has sought to position itself as a beacon of acceptance for individuals fleeing to the Global North to escape war or persecution. LGBT individuals petitioning for asylum enjoy higher-than-average approval rates in the country, but advocates have noted that Canada’s adjudication process has historically suffered from the same cultural biases and pitfalls in credibility assessment as other popular destination countries. Tight claim deadlines and multiple points of inquiry introduce further precarity in the process, but advocates are hopeful that a new set of guidelines issued in 2017 will improve the adjudication process. 

South Africa

A popular destination for LGBT Africans seeking refuge outside of their countries of origin, South Africa positioned itself as an early global leader in the establishment of LGBT legal rights and protections. Though the most progressive African nation in this respect, the country has nevertheless been criticized for the legal process through which it puts LGBT asylum-seekers, including reliance on temporary permits to defer long-term status provision and intimidation and credibility issues in the interview process.

 

Austria News | Gay, Lesbian & Bisexual

Austria’s highest court recognizes same-sex marriage rights
  • The Constitutional Court of Austria ruled that the country’s law banning same-sex marriage was unconstitutional.
  • The law in question, introduced in 2009, allowed for registered partnerships but not full marriage for same-sex couples, creating discriminatory sex-based classes of partnership.
  • The decision paves the way for same-sex couples in Austria to begin marrying in 2019, becoming the 16th European country to recognize same-sex marriage rights.
Read

Austria’s supreme court paves way for same-sex marriage from 2019” (Reuters | December 2017)

Austrian Supreme Court rules in favour of same-sex marriage” (BBC News | December 2017)

Austrian court rules same-sex couples can marry from 2019” (CNN | December 2017)

Germany News | LGBT

German parliament votes to legalize same-sex marriage
  • The lower house voted to ratify marriage equality 393-296-4 in a year that has seen Germany attempting to redress historical injustices against its LGBT community.
  • The vote followed Chancellor Angela Merkel’s softening of her party’s position and allowance of a conscience vote, permitting members of her party to break ranks and vote in favor of marriage equality.
  • The vote extends full marriage rights to LGBT citizens, including adoption rights.
Read

German lawmakers approve same-sex marriage in landmark vote” (Reuters | June 2017)

German Parliament Approves Same-Sex Marriage” (The New York Times | June 2017)

German parliament votes to legalise same-sex marriage” (The Guardian | June 2017)

(Image Credit: Hannibal Hanschke/Reuters)