1990: Countries which criminalised homosexual conduct

2015: Countries Which Criminalise Homosexuality

Criminalisation of Homosexuality is not the only reason for Seeking Asylum Persecution comes in many shapes and sizes! Russia: decriminalised homosexuality in 1993 and age of consent has been equal since Homosexuality was declassified as a mental illness in 1999 and trans* people have been able to legally change their gender since 1997.

50 Shades of Persecution Mob violence – LGBTI people can be physically and sexually assaulted with impunity. Police harassment – nobody to turn to when persecution comes from people in authority. Corrective rape – lesbians raped to change their sexuality. Maybe even arranged by family. Extortion and blackmail is common.

Fleeing Persecution The abuse and discrimination may continue during the period of flight from their country of origin, e.g. LGBTI people from one African nation have to pass through other African nations (which also persecute LGBT people) in their bid to get to safety. The result may be fear of disclosing the reasons for flight, fear of authorities in countries of first arrival, and perception that the authorities are unable or unwilling to help.

High rate of failure of claims for asylum based on sexual orientation and gender identity. Used to be rejected on grounds applicant could live safely in their home country if they we just discreet about their SOGI. Now, claims rejected because applicants are not seen as credible i.e. they are perceived as lying about being LGBTI! Assessment Process

Problems with the Assessment Process Questions asked are based on stereotypes, such as the applicant’s knowledge of gay rights organisations or clubs. Decisions informed by bias: is a gay man effeminate? Does a lesbian look like a lesbian ‘should’ look? Decision-makers draw negative credibility findings from the sole fact that an applicant did not declare their sexual orientation at the outset of their asylum application. Assessments are made using homogenous, heteronormative and stereotypical understandings of sexual orientation and gender identity, that ignore complexity and diversity of human sexuality and gender.

Problems cont. Bisexuals: Generally disbelieved, and adjudicators exhibit negative views on bisexuality, or claim the applicant could be discreet about their identity. Lesbians: may have been married or had children, which is commonly taken by adjudicators to invalidate their sexual identity credibility.

Designed to increase the success rate of applications for asylum by educating decision-makers, and those advising LGBTI asylum seekers, about HOW to conduct interviews so that a truthful narrative emerges. Hard to believe that in 2015, in Australia and elsewhere, we still have immigration officials and tribunal members focusing on applicants’ sexual history, rather than their identity. Looking Through the Kaleidoscope

Guide based on DSSH Model Difference Stigma Shame Harm Developed by UK barrister, S Chelvan

Difference If you ask a straight man, ‘when did you first realise you were straight?’, he will look at you with questioning eyes, unable to answer. Does that mean he is not straight?!? So, why do we ask an LGB applicant, ‘When did you first realise you were gay?’.

Recognition that close family members/friends disapprove of conduct/identity. Recognition that the ‘majority’ does not accept/disapproves of the conduct/identity of the LGBTI individual. Recognition of state/cultural/religious mores/laws which are directed towards LGBTIs.

Shame Impact of STIGMA Feelings associated with isolation Impact of being the ‘other’ rather than the ‘same’.

Harm State harm – criminalisation Fear of arrest/detention/torture Non-state agent harm - mob violence Family – honour killing

What makes this Guide Different?  Many Guides tell decision-makers what NOT to do:  Don’t ask about sexual practices;  Don’t ask about what gay venues they frequent; &  Don’t view sexually explicit photos or videos.  BUT, no guide has so far given unequivocal, unambiguous direction about what questions can be asked, and how an interview should be conducted!

“The Guide’s focus on factors outside of the realm of intimate activity is sorely needed.” “The Guide is deeply practical but principled: its suggested approach to interpreting the Refugee Convention is accurate and rigorous. In particular, the Guide should be highly commended for its approach to questioning an asylum-seeker about his or her sexual orientation, which moves the focus from the bedroom and cultural stereotypes to a deeper and more personal understanding of each individual’s background, beliefs and motivations.” David Manne

Final Thought Mandatory detention: “Within detention facilities… gay, lesbian, bisexual and trans-gender persons, suffer double or triple discrimination.” UN Special Rapporteur on Torture (2010)