LGBT Asylum regularly receives enquiries from LGBTQ+ people with migration and refugee backgrounds from around the world who are living in countries neighbouring their country of origin or in nearby regions. Some of these requests come from individuals under the protection of or registered with the UNHCR — including in countries that criminalise LGBTQ+ people.
These requests demonstrate that, in many contexts, local authorities and humanitarian organisations are unable to meet the needs and ensure the protection of LGBTQ+ people with migration and refugee experiences, who constitute a particularly vulnerable group. This highlights the urgent need for greater attention to the safety of LGBTQ+ people in neighbouring countries and for intensified efforts to resettle them.
During 2018 and 2019, we received over 250 requests from LGBTQ+ individuals located outside the Schengen Area. These people sought assistance because they felt at risk due to their sexual orientation or gender identity — some of them had already fled their country of origin.
Around half of these requests came from people in countries neighbouring Syria, or in Pakistan, Morocco, Iran, Uganda, Kenya or Bangladesh.
Fourteen of those who contacted us explicitly stated that they were registered with or under the protection of the UNHCR in a country neighbouring or close to the country from which they had fled. Most of these requests come from Kenya (Kakuma camp), but Jordan and Lebanon are also mentioned.
Many LGBTQ+ people with experience of migration and refugee status find themselves in countries where they are told they can seek protection from the UNHCR. However, the reports we have received indicate that LGBTQ+ asylum seekers and refugees are not provided with adequate protection in neighbouring countries and regions, including from the UNHCR.
Lack of access to safety
The first problem is that it is difficult to access the UNHCR, particularly for LGBTQ+ individuals.
Asylum seekers and refugees wait for hours in queues outside registration points, risking weeks or months of waiting just to speak to UNHCR representatives. Furthermore, several UNHCR offices and registration points are located near local government offices. LGBTQ+ people report facing persecution and discrimination upon arrival, as well as feeling unsafe when approaching the international organisation.
Testimonies from LGBTQ+ people with migration and refugee experiences
Some LGBTQ+ refugees who have contacted LGBT Asylum account:
‘I was given referrals by RAS headquarters to reach UNHCR protection desk at Shauri Moyo sub-office, but couldn't access the compound at all, being stopped by the security guards.'
‘I, as an LGBTIQ refugee and asylum seeker in Kenya, go through a lot. We are so much less privileged compared to other refugees. We are voiceless. The only hope has always been UNCHR and its implementing partners, but of recent we have been so much ignored. The fact that we are LGBTIQ asylum seekers and refugees in a country that criminalizes homosexuality is more worrying. We are abused, blackmailed, raped, refused a chance to work due to the fact that Kenya doesn’t recognize us, because it’s illegal to be gay or to belong to any homosexual related programs.'
Insecurity and violence in the camps
Most enquiries come from the Kakuma camp in Kenya. Those who contact LGBT Asylum describe a camp that is overcrowded, unsanitary and riddled with disease (such as cholera and typhoid), partly due to very poor toilet facilities and contaminated water.
Asylum seekers and refugees sleep on thin mattresses, either outdoors or in small rooms without doors, sharing space with 3–5 other people, constantly at risk of theft and violence from other people in the camp or the local population. In such conditions, it is impossible to protect oneself from uninvited guests, which further exacerbates the situation for LGBTQ+ people.
The unsafe environment in these countries—criminalisation, violence and persecution—are conditions that LGBTQ+ refugees also experience within the camps. We receive reports of discrimination, threats, physical and psychological violence, abuse, rape, exploitation and blackmail.
Experiences of homophobia and transphobia at the hands of the police, local authorities and UNHCR staff
UNHCR often relies on local authorities for security matters:
‘Refugees can face a variety of protection problems in Kenya that would trigger an appropriate response on the part of UNHCR or its partners. When refugees raise security concerns, UNHCR usually liaises with police authorities as it is the responsibility of the Kenyan Government to provide for the security of the refugees. UNHCR does not have its own security apparatus to extend physical safety and ensure law and order.' — UNHCR in Kenya
However, local authorities in Kenya and many other places do not guarantee safety for LGBTQ+ people. The police are most often perceived as homophobic and transphobic. Furthermore, some applicants have faced homophobia and transphobia among UNHCR staff. This means that LGBTQ+ refugees do not feel protected, but rather are subjected to collective violence and cruelty at the hands of law enforcement agencies.
Testimonies from LGBTQ+ people with experience of migration and refugee life
'The Kenyan police are a particularly brutal force to me and frequently beating and making humiliations, both physically and sexually. The police itself are responsible for much of the violence against me.'
'I have been assaulted on various occasions in various places elsewhere here in Kenya. I have been discriminated, blackmailed and survived a number of death threats and sexual abuse all because of my sexual orientation, and still there isn't any safe option by authorities rendered to me.'
Lack of protection and long-term resettlement prospects
LGBT Asylum receives reports from LGBTQ+ people with migration and refugee backgrounds who are unable to find housing or work because of their identity, leading to unemployment and homelessness. Some are forced to resort to extreme measures to survive — such as informal sex work in unsafe conditions — which has negative consequences for their health and well-being.
LGBTQ+ people with migration and refugee backgrounds remain a particularly vulnerable group, often finding themselves in just as precarious a position as in their country of origin — only now they are in a foreign country with extremely uncertain prospects for resettlement. Many of them are suffering from depression and despair. Unfortunately, the UN resettlement programme is an extremely lengthy process that can take five years or more.
'Many of us are victims of violence. We are blackmailed, we are desperate, we lack good representation. We used to get a stipend of 40 dollars a month by UNHCR, but since this year [2019] started it was cut off, yet we don’t have any other sources of income and UNHCR Nairobi seem not to mind much about our issues any more, so we just can’t predict the future. We are so hopeless and depressed.'
The Need for Action
Reports and calls for help indicate that LGBTQ+ people with migration and refugee experiences are not safe in regions neighbouring the countries from which they fled.
There is an urgent need to:
- Step up efforts to ensure the protection of LGBTQ+ people with migration and refugee backgrounds in regions neighbouring their countries of origin;
- Provide greater opportunities for their resettlement (as quota refugees) through the UN.
