Tag Archives: Citations

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.

 

Citations | Refugee Education

Citations
Education for Refugees, from Preschool to Professorship

Global emergencies like war, natural disaster, and health pandemics have uprooted families and disrupted education at all levels as displaced students have been deprived of access to schools. Students in early childhood, primary, secondary, and higher education as well as teachers, professors, and other educational professionals have experienced delayed educational and professional development during times of crisis, disabling dreams and prospects for the future. Whether in Malaysia, Greece, or Lebanon, displaced communities have struggled to adjust to lost livelihoods, new cultures, and uncertain futures.

As the average duration of displacement has dramatically increased over the last three decades, international humanitarian organizations have been pressed to develop long-term programs and partnerships to replace short-term emergency educational provision. These challenges have been compounded by the disproportionate burden of education in emergencies shouldered by developing countries, where refugee populations vastly outnumber those in high-income countries. Over time, the educational pipeline has come to look less like a pipe than a funnel, with progressive exclusion and decreasing resources constraining opportunity as refugee children age. Workarounds developed in earlier stages have at times installed barriers for students at more advanced education stages as credentialing standardization and selective admissions disadvantage students from newly developed, temporary, and informal educational institutions outside of the national curriculum.

From connected learning hubs in refugee camps in Kenya to elementary classrooms in Canada, technological innovation and international coordination have worked to connect displaced students to well-resourced institutions and support educational continuity through crises. Meanwhile, new momentum in the development of transnational platforms for educational financing, advising, and service delivery has reinvigorated the global education community and increased commitment to education for all, regardless of circumstance. Here is a look at select recent news, features, and open research on and resources for global refugee education and scholar protection: Continue reading Citations | Refugee Education

Citations: Black in North Africa

Citations
Black in North Africa

Like the color it purports to name, the social label black absorbs, integrates, and obscures distinct but interrelated phenomena: a skin tone of context-dependent shade, a racial classification from bygone times, an ethnic designation, a class marker, an immigration status, an ancestry, a cultural heritage, and an index of historical wrongs still fresh in memory. Black has often served as shorthand for of African descent, but perhaps nowhere most complicates that substitution than a region on the continent itself: North Africa. Continue reading Citations: Black in North Africa