EU asylum extended to transgender people

Image via Wikipedia

Source: LGBT Intergroup

Until now, EU asylum law foresaw that “gender related aspects might be considered” by national asylum authorities when examining the potential persecution of specific social groups in their country of origin.

The resolution adopted today has replaced this text, and now specifies that “gender related aspects, including gender identity, shall be given due consideration”. The text now refers to gender identity specifically, and obliges Member States to consider gender-related aspects. Before, EU countries could still choose not to consider aspects linked to the applicant’s gender in asylum claims.

The text applies to all EU Member States except the United Kingdom [and Denmark and Ireland], which opted out of EU asylum policies. The resolution was successfully drafted and negotiated by Jean Lambert, a British Member of the European Parliament in the Greens/EFA group.

This is the first time a binding EU Directive includes gender identity.

Dennis de Jong MEP, Vice-president of the LGBT Intergroup and responsible for asylum policies in the GUE/NGL group, commented:

“Around the world, transgender people can be persecuted for who they are. This reviewed Directive will recognise the danger they face, and it will commit EU Member States to taking gender identity into account in asylum claims. I hope in a future revision it will also become mandatory to consider the sexual orientation of applicants.”

Sirpa Pietikäinen MEP, Vice-president of the LGBT Intergroup, added:

“I am very proud that my colleagues from the centre-right EPP group supported this change, regardless of the views they hold on asylum in general. The European Union is only starting to recognise gender identity as a ground of persecution, but I hope today’s vote will help protect more lives.”

The binding rules will apply after they are transposed into EU Member States’ national law, except for the United Kingdom. Due to access the EU in July 2013, Croatia is also expected to adapt its asylum laws.

Related articles

• Video: How the European Union is supporting international LGBT rights (madikazemi.blogspot.com)
• Video: European Parliament welcomes recent UN developments on sexual orientation and gender identity (madikazemi.blogspot.com)
• Audio: Progress on LGBT asylum in the European Union (madikazemi.blogspot.com)
• Diplomatic leak shows 'cold' French opposition to LGBT asylum rights (madikazemi.blogspot.com)

Audio: Problems with LGBT asylum in Europe - and correcting a report

Source: Deutche Welle



By Laura Schweiger

Fearing for their lives in nations where homosexuality is illegal, some gays and lesbians seek asylum in Europe. But not all EU countries treat LGBT refugees equally and many claims are reportedly dismissed unfairly.

Same-sex sexual acts are illegal in over 70 countries, including seven which invoke the death penalty for breaking this law. It's therefore no surprise that some gays and lesbians seek asylum in more gay-friendly countries, including in European nations like Belgium, Germany and the UK.

Yahia Zaidi is one such refugee. He arrived in Belgium almost three years ago seeking asylum on account of his sexual orientation, as well as his political activism in Algeria for Lesbian, Gay, Bisexual and Transgender (LGBT) people.

The young gay man had spearheaded an HIV/AIDS prevention organization for the gay community in the cities of Algiers and Oran. Persecution from the general public as well as government officials was a part of life for Zaidi in his homeland.

"I got arrested in Algeria once when I was 17 years old. I was just hanging out on the street with a friend, but I looked a bit effeminate with my long hair," he remembered.

"The policeman was trying to force me to sign something that I didn't admit to, so I didn't sign it. Then another policeman signed it on my behalf. Since that time I have been publicly outed with the police and the government in Algiers, and they even keep a register containing all the names of gay people in Algeria."

Most LGBT asylum claims dismissed

Read more »

EU member states receive increased funding for refugees

Image by European Parliament via Flickr

Source: novinite.com

EU Member States volunteering to receive refugees sheltered by third countries should receive up to EUR 6000 from the EU refugee fund per person resettled.

The proposal was made by the European Parliament's Civil Liberties Committee in April and will be voted Tuesday.

The EU countries contribute to resettlement far less than other developed countries like the US, Australia and Canada, the Members of the EP point put. They also call for internal EU solidarity with Member States facing special pressures.

The move is now put on the table because data shows the EU contributed to only 6.7% of the global resettlement of refugees in 2008, with 4378 individuals. The UNHCR estimates that 747000 are in need of resettlement. As of today, only 10 Member States have taken part in any resettlement schemes.

To encourage more Member States to help in resettlement, the funding will be increased to EUR 6000 per person for the first year for Member States applying for the first time, EUR 5000 in the second year and Eur 4000 thereafter. The additional amount that newly participating Member States receive must be invested in developing a sustainable resettlement program.

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Green Party manifesto includes LGBT asylum commitments

Image via Wikipedia

The UK Green Party election manifesto, launched April 16 in Brighton, one of Britain's 'gayest' cities, includes the following commitment:

"Ensure safe haven and refugee status for LGBT people fleeing persecution in violently homophobic and transphobic countries."

This follows on from its inclusion in the party's LGBT manifesto, launched in February.

Green Party leader Caroline Lucas told the launch:

“We are delighted that our general election manifesto includes strong commitments to further extend the rights and freedoms of LGBT people.”

She told LGF News:

"The treatment gay and lesbian asylum seekers receive from the British immigration system is nowhere near acceptable and we have worked very hard to support several asylum seekers who were under threat of deportation while under unimaginably enormous mental stress."

"Our co-spokesperson, who is a lesbian, is working with someone on their claim right now - this person has been turned down by the adjudicator, but I can't go into too much detail as her appeal is pending.  If she is refused leave to remain we will be fighting her case."

"Jean Lambert, the Greens's other MEP, was instrumental in getting a decision to deport a gay man to likely execution in Iran reversed by shaming the Labour government into reviewing his case."

Green Party LGBT National Spokesperson Phelim Mac Cafferty said:

"Gordon Brown’s government’s refusal to offer asylum to LGBT refugees who have suffered beatings' imprisonment' and torture on the grounds that they will not be at risk of homophobic persecution if they simply hide their sexuality and stop having gay relationships' shows that while making some progressive decisions for gay people in this country' Labour are not beyond criticism. In fact' Labour practices double standards by not making similar demands on political or religious refugees."

• Green Party manifesto (PDF)

Misery follows the 'jungle camp' raid

By Jean Lambert

Looking over this desolate landscape, it is hard to believe that just a month ago this was the site of Calais's migrant "jungle" camp. Save for the odd lone shoe or broken radio this area, where trees and bracken once provided refuge, has been cleared and ploughed into a muddy wasteland.

With the media looking on, the resident migrants were dramatically removed by the French authorities last month. Knowing of the impending raid, many had dispersed in advance, some of whom are now living on the streets in Paris. Of those who were detained, some were deported and others were later released. Weeks later, hundreds have returned to Calais, where they are again sleeping rough and surviving on food handouts.

I visited Calais and the Sangatte refugee centre, a facility run by the Red Cross to provide shelter and food, 10 years ago. I was told at the time that it encouraged migrants. Nicolas Sarkozy, then the interior minister of France, demanded its destruction in 2002 and with it, hopefully, the problem.

A decade later and many criticisms of the French authorities made then are still valid. The UNHCR is currently operating on the streets as there is no refugee centre, and while permission has been granted to use a building to process asylum seekers, its provision is a continuing cause for dispute between the authorities involved.

There has been increased and targeted police harassment, with young men saying they have been picked up and held overnight in cells then dropped miles from Calais to find their way back alone.

And it is very difficult for the migrants, a large proportion of whom have travelled overland from Afghanistan, to find information on asylum in any language other than French. When I visited Sangatte with fellow Green MEPs, we tried to remedy this situation by producing a booklet on asylum procedures in six languages. I have heard that this is still in circulation today.

While the French want to deter mass migration to Calais, it's clear that people will continue to pass through it to reach the UK for the foreseeable future. We now need to address the immediate humanitarian situation.

A centre to provide basic amenities – such as showers, drinking water, medical care and overnight shelter – is the most urgent need, since these people are extremely vulnerable. Many are under 18 and therefore legally classified as children. Despite fears, tighter laws on immigration to the UK mean that a camp of a similar size to Sangatte is unlikely to ever rematerialise. A separate office should also be set up where people can find information as well as lodge and follow their asylum claim through the system. One man I met had his papers to prove he was a legitimate refugee, but he was still without accommodation and the stability necessary to pursue language courses or work. Providing these centres could help people like him move on with their lives and would ensure that those under 18 are identified and protected.

Current EU legislation requires that asylum seekers are dealt with in the first safe country they enter, although national asylum standards vary hugely. As well as having connections to the UK, many want to wait until they arrive here to apply because our system functions relatively well.

The EU is trying to address this by upgrading all national systems to the same high standard. This would mean that no matter where someone applies for asylum their claim would be assessed by the same criteria and their reasons for wishing to settle in a certain country could be taken into account, if they are allowed to stay. The proposed European Asylum Support Office is designed to assist this improvement.

Along with colleagues in the European parliament, I have also called for a new status for those who are not eligible for asylum, but who cannot be returned to their country of origin – for instance if that country is in conflict, or indeed if the supposed country of origin won't accept them. Unable to return home or work or claim benefits, they can be left destitute and fall into the hands of gangs and illegal activity. Awarding them a legal status could give them leave to remain temporarily and the chance to earn a basic living.

What is clear is that until the conditions of their countries of origin are improved people will continue to arrive in the EU, in search of security, work, education and a better life. France's tactics for dealing with migrants have failed to solve the problems in Calais; indeed their approach has hindered the process of registering and monitoring people's movements. Now they must ensure that internationally agreed asylum and human rights are upheld, and with developments in European legislation I hope that long-term solutions can be found.

Gay Pledge from Green Party for Euro Poll

The Green Party is today launching eight pledges for equality for LGBT people. Joseph Healy and John Hunt from London, Lesley Hedges from Yorkshire and Humber and Chris Williams from West Midlands are standing as openly gay and lesbian Green Party candidates in the European election.

Joseph Healy introduced the manifesto: “We are proud of the record of our Green MEPs on LGBT issues, proud to have so many LGBT candidates standing and because we think that the opinions of the LGBT communities are incredibly important in this election we are also proud to launch our own specific LGBT election manifesto.”

The LGBT Greens European Election Manifesto

The Greens will continue to campaign for:

--full LGBT equality, including full partnership, insurance, pensions, employment, and housing rights. This includes campaigning to rid ALL EU member states of homophobic and transphobic discrimination in access to goods and services, such as insurance and mortgages.

--all EU member states to comply with the EU directive outlawing discrimination against lesbians gay men and bisexuals in the workplace.
--equivalent and specific protection in society and in the workplace for trans citizens.

Greens will press for policing which reflects the diversity of the LGBT communities in the EU particularly in the new Eastern states, ensuring that homophobic behaviour by police officers is considered an explicit offence which can be remedied with disciplinary action. Also working with the police in deepening their relationship with the LGBT community, including LGBT organisations: improving the rapport between police forces and the LGBT community; addressing the continued under-reporting of hate crimes, and working with authorities to bring hate crime culprits to justice.

Greens will work to legalise same-sex marriages and registered partnerships across the EU, particularly in asylum legislation

Greens will campaign to
--extend the EU definition of "family" to include LGBT partnerships
--campaign for lgbt equal access to parenting and fertility treatment.

Greens will continue to lobby Police on non-prosecution of consenting, victimless gay offences, such as cruising. Police resources should be concentrated on violent, corporate and hate crimes and active, sustainable measures to create safer communities.

Greens will support a pan European HIV Action Plan:
--to improve safer sex education.
Greens will also campaign to
--cut transmission rates by remedying the financial hole in HIV services and large inadequacies in the provision and scope of HIV services
--upgrade the standard of treatment and after-care for people who have transmitted HIV. This will include pressing the UK government to resolve the under-funding and under-staffing of sexually-transmitted infection (STI) clinics.

Greens through their MEPs will lobby the European Commission to-
require all companies doing business with the European Union, or governments and local authorities within it, to be required to have equal opportunities policies that prohibit discrimination against lesbian, gay, bisexual, trans and HIV-positive people; thereby enabling local authorities to take a proactive role in encouraging businesses to end homo, bi and transphobic discrimination.

8. Greens propose to celebrate queer culture and history, for example by proposing the establishment of more Lesbian & Gay Museums.

Joseph Healy continued: “It is vital that lesbian, gay, bisexual and trans people have MEPs representing our rights in Europe. Jean Lambert, our London MEP, and Caroline Lucas our South Eastern MEP have worked hard in Europe for LGBT rights to be understood as human rights.

“The European Elections are important, because so much of UK human rights policy tends to follow European directives on issues like the age of consent and anti-discrimination laws in employment.

“It is also important that the more progressive nature of Western European attitudes to LGBT people spreads into Eastern Europe. Gay Prides in Europe have been prevented or attacked in the past but this is slowly beginning to change.

“The far right is challenging the progress that has been made and we need strong voices to protect us across the whole of the European Region.

“The EU is in a strong position to give us a strong voice to oppose homophobic persecution and judicial murder across the world.

“Green Party actions are not just paper policies. Darren Johnson led the way for civil partnerships by being instrumental in introducing the London register which predated the Civil Partnership Bill and showed that there was a demand and that it could be done.

Joseph concluded:
“Jean Lambert Green MEP for the London region is a member of the European Parliament’s Intergroup on Gay and Lesbian Rights and works to ensure that LGBT people are treated fairly across Europe. She has spoken out against the deportation of gay and lesbian asylum seekers, to their almost certain death, which shamed the Labour government into allowing them to stay in the UK. She continues to oppose homophobic oppression in Europe and throughout the world.”

Lesley, meanwhile is the National Female Spokesperson for LGBTGreens. She is active in her local LGBTIQ community and works to improve public services, including health, for LGBTIQ people. “We deserve fair and equal treatment but surveys show that LGBTIQ people have less satisfaction with health and other services. We can be more open about our sexuality than ever before, yet some still face vilification in their access to health often when they are at their most vulnerable.

Lesley concluded: “We need strong laws across the European Union that make sure the lesbian, gay, bisexual and trans communities are treated fairly. That is all we are asking for yet it seems to be a step too far for some services to tackle staff who display homophobic attitudes. Our young people are subjected to bullying in schools resulting in low confidence, poor mental health and even self-harm and suicide. This has got to end.”

Source

Last call: Support the lesbian + gay asylum seeker petition to Gordon Brown

Dear friends

The petition to Gordon Brown supporting lesbian and gay asylum seekers is in its final week and we are writing to ask for a final push for its support from you. The deadline is 7 March.

The signatures currently stand at 4,000. They include a number of prominent individuals such as the actors Simon Callow, Ian Flintoff and Cathy Tyson, musicians Andrew Oldham and Tom Robinson, playwright Jonathan Harvey, Green MEPs Caroline Lucas and Jean Lambert, Conservative MEP John Bowis, Labour MEPs Eluned Morgan, Claude Moraes and Glenys Kinnock, Mick Houghton, Secretary Greater London Association of Trade Union Councils, Chair of The Gender Trust Rebecca Dittman, authors Neil Forsyth and Bob Cant, activist Peter Tatchell, architect Yvonne Dean, Professors Ken Mortimer MBE and A.P.M. Coxon, former Cambridge Mayor Jennie Bailey, London Assembly Member Darren Johnson, LibDem MPs Lynne Featherstone, Lorely Burt, Tom Brake and Jo Swinson, Labour MP Celia Barlow and former Minister Stephen Twigg. As well, a large group of signatorees are Christian ministers.

The petition at http://petitions.number10.gov.uk/Stopdeportinggay/ was initiated by the Reverend Walter Attwood when the young Iranian asylum seeker Mehdi Kazemi's case was in the news. Unfortunately the position of the Home Office has not changed and they continue to insist that gays and lesbians can be sent back to unsafe countries 'so long as they are discrete'. It was only due to the massive publicity which Mehdi's case engendered that he was saved.

Given that the numbers of cases are so small and the situations which people are fleeing from so well documented, their stance is completely untenable.

It is also well-documented that homophobia exists in the Home Office so we simply do not believe their position that these cases are given 'due and fair consideration'.

The Canadian Immigration Minister has just announced that he will consider using the services of lesbian and gay immigration groups to help bring genuine asylum seekers from Iran to his country. We believe that the Home Office should consider doing the same here. These groups are best positioned to weed out the genuine cases - those people who should be welcomed here as their cases are formally assessed.

For the government to do otherwise would, we believe, highlight its hypocrisy when it comes to the situation of lesbians and gays overseas.

The Foreign Office has made great play of its efforts to oppose homophobia internationally, such as through flying the rainbow flag at the Polish embassy. At the same time another government department treats those lesbians and gays fleeing the worst persecution appallingly. As you may be aware, the Home Office has been ordered by a judge to find and return to the UK one African gay asylum seeker it violently conned and literally threw on a plane last year.

We believe that the British people do not support the policies and actions of the Home Office. We believe that they recognise lesbians and gays fleeing regimes such as Iran as genuine asylum seekers of the sort this country has historically made welcome here.

Please urge everyone you know to sign the petition so as many people as possible can send this message to Gordon Brown:

We the undersigned petition the Prime Minister to stop deporting gays and lesbians to countries where they may be imprisoned, tortured or executed because of their sexuality.

http://petitions.number10.gov.uk/Stopdeportinggay/

Paul Canning for Lesbian and gay asylum news

~~~~~

The text of this message is available for publication. For comment please call Paul Canning on 07986 008420.

Only UK residents and citizens can sign the petition.

Visit our website, LGBT asylum news (formally Save Medhi Kazemi) for background information
http://www.medhikazemi.com

Cyprus grants asylum to gay Iranian

MEPs have welcomed the decision of Cyprus interior minister to grant resident status to an gay Iranian asylum seeker.

Labour's Michael Cashman, Lib Dem Baroness Ludford, Tory John Bowis and Greens Jean Lambert and Caroline Lucas were among 13 MEPs who put their name to a parliamentary question to the European Commission on the issue.

They wanted to know if the refusal of asylum to Abbas Bagherian by Cyprus on the grounds of sexual orientation was a breach of EU directives.

After Cypriot MEP Panayiotis Demetriou raised the case in discussions with the interior minister, Mr Bagherian was granted residency.

"I strongly welcome the decision to allow Mr Bagherian to remain in Cyprus," said Baroness Ludford, Liberal Democrat justice and human rights spokeswoman and an MEP for London.

"A rejection of his application and his return to Iran would have left him vulnerable to imprisonment, torture and in the worst case the death penalty, simply for being gay.

"I hope that we are starting to see a general move in EU countries to recognise the validity of asylum claims based on the risk of persecution due to sexual orientation.

"There should be a consistent EU policy, because such fears may be absolutely justified regarding a country like Iran."

According to Doros Polykarpou, the director the Cypriot immigrant support group KISA, Mr Bagherian came to Cyprus and applied for asylum in June 2004 and for the last three years he has been living with his Cypriot partner.

Mr Bagherian had an initial interview at the Asylum Service in July 2005. At the interview, he was did not reveal that the real cause of his persecution in Iran was his sexual orientation. This was because he was afraid that this information would have been leaked to the Iranian authorities and, in case of a rejection of his application, he would face imprisonment, torture or even death sentence if he was returned to Iran.

Then in April 2007, he informed the Asylum Service of his sexuality and had another interview, saying he was arrested and detained at the age of 15 because of his homosexual relations.

In addition, Mr Bagherian informed the Asylum Service that he had been arrested a further four times by the authorities in Iran and had detained and beaten up.

Source Source

European Parliament votes for Mehdi + Pegah

Video of the debate in the EU Parliament is now online, this covers the cases of Afghan journalist Perwiz Kambakhsh as well as Mehdi Kazemi.

It includes a very impassioned contribution by London Conservative MEP John Bowis.

The debate speakers on Mehdi were:

• Jean Lambert (UK Greens),
• Marco Cappato (Italian Lista Emma Bonino)
• Eva-Britt Svensson (Swedish Green Left)
• Raül Romeva i Rueda (Spanish Green)
• Sophia in 't Veld (Netherlands Democrats 66.)
• Bernd Posselt (German CDU), speaking for the Group of the European People's Party (Christian Democrats) and European Democrats - they initially opposed and then abstained.
• John Bowis (UK Conservative)
  
• Mauro Mario (Italian from Forza Italia), he dissents from the Group of the European People's Party (Christian Democrats) and European Democrats line.
• and Eu Commissioner Louis Michel, who expresses strong agreement with Bowis.
  

The vote:

News update

Simon Hughes writes in The Independent of his involvement with Mehdi's case:

This young Iranian lived in Rotherhithe with his family when he first came to the UK and he and his family have kept in touch with me ever since.

The Indie has also followed up yesterday's front page with a Leader titled 'Squalid priorities':

It is surely apparent to anyone who looks at the case history of Mr Kazemi and Ms Emambakhsh, that they face a real risk of persecution if they are deported. Only a government that has put internal political concerns before its international duty to shield those in genuine fear of their lives would be trying to return them to Iran.

Sadly, it seems that is exactly the squalid order of priorities our own Government has adopted.

What's interesting in reviewing board comment is the level of positive agreement. I honestly think that if the Government has the notion that most people would support them on this they're wrong — even with the anti-asylum climate people commenting seem to agree that knowingly sending people to possible execution is not a 'British value'.

The Indie has also covered Pegah Emambakhsh's case. Iranian gay rights groups have reported that her partner is in custody under sentence of death by stoning, nevertheless her latest appeal has been turned down. The article includes the news that more than 60 MEPs have signed a petition asking Gordon Brown to reverse the decision on Mehdi.

The Guardian's Hugh Muir gives Terry Evans a shout in his diary but applauds the East Midlands Tory who replied to him:

Thank God someone has been brave enough to say it. Enough of the bleeding hearts.

What the heck bravery has to do with it I don't know. To this line I would say, would you do it yourself Hugh? Watch a video of the results of these actions - torture, whipping and slow strangulation? Let's see if your heart doesn't 'bleed' then. This is not a 'British value'.

A Press Association story has been used in other newspapers, including by The Daily Express. Nothing by the BBC yet.

Press release by Green MEP Jean Lambert.

International Herald Tribune article includes the following:

Rene van Soeren of the Dutch gay rights group, COC, "if he had only applied in Holland his case would be over and he would be granted a residence permit without a hesitation."

Brief coverage on CNN

This includes a quote by US State Department Spokesman Tom Casey:

I am tempted to note that in his remarks at Columbia University, President Ahmadinejad asserted that they were no gays in Iran. Maybe he meant that he's kicked them all out of the country.

MEP Urges ‘EU Returns Directive’ Debate to Help Gay Iranian Asylum Seekers

Image by helen.2006 via Flickr

Source: UK Gay News

An MEP has described as “simply unacceptable” the problem often faced by asylum seekers in UK, and other EU countries, in getting the truth of their cases heard.

Green Party Euro MP Jean Lambert (London) spoke out after reading the story of ‘Ramin’ on UK Gay News website.

“Ramin’s terrifying case highlights many of the problems and questions surrounding the whole asylum system in the UK,” she said.

“All too often I hear reports of asylum seekers, from a variety of countries and backgrounds, facing an uphill struggle to get the truth of their case heard through legal representation that is simply unacceptable.

“We know of a number of other countries, not just Iran, where a homophobic culture is supported and promoted and continues to threaten the lives of LGBT citizens.

“The UK Government should be understanding of this and give asylum seekers the chance to live a full life, without fear, until situations in their homeland positively improve.

“The Civil Liberties, Justice and Home Affairs Committee in the European Parliament are currently discussing the proposed Returns Directive, which should safeguard our Human Rights and ensure everyone has a chance to live in safety,” she pointed out.

“There are however problems with the directive and I would urge everyone interested in the subject to get involved in the debate.

Jen Lambert, a member of the European Parliament’s Intergroup on gay and lesbian rights, also spoke out against the position in the Netherlands where Dutch Immigration Minister, Rita Verdonk, is considering lifting the ban on deporting gays back to Iran.

The ban in the Netherlands was put in place six months ago following reports of the execution of Iranians involved in homosexual conduct.  But Ms. Verdonk say that the government in Tehran has given assurances that there are no executions in Iran for being gay.

“It is extremely worrying that some EU countries are willing to ignore the advice of the Human Rights Watch and signs of danger in Iran,” she said.

“There is absolutely no excuse for a modern Europe to make allowances for those countries tolerating homophobic behavior and punishment and we must to take a stand against this no.” she insisted.

“The Netherlands has agreed, under the European Convention of Human Rights, not to deport any person whose life is deemed to be in danger.  With Iran’s criminal code stating that homosexual activities are punishable by torture, lashings and death as well as continuing reports of ill treatment whilst in police custody, the Dutch Government should not even be thinking of lifting such a ban.

“If we are serious about justice then we need to ensure Europe does not see homophobic acts as acceptable and continues to protect those with their lives in danger.

“It is also of concern that the Dutch Government will be returning those of Christian faith, who also believe they will be in danger.  I would urge the Government to change its position,” she concluded.