Slovenia refuses gay Kosovan couple asylum

Image via Wikipedia

By dr. Tatjana Greif, Škuc LL

In 2006 two gay men from Kosovo (Kadri Shala, born 1975 and Demir Krujezi, born 1981) first submitted their request to gain asylum in Slovenia. In Kosovo, where they used to live, they were persecuted on the grounds of homosexuality. Their application for the asylum in Slovenia, submitted in June 2006, was rejected by the Ministry of the Interior in February 2007.

The asylum seekers were ordered to leave Slovenia immediately. Due to procedural mistakes committed by the Ministry during the asylum procedure they brought charges first to the Administrative Court of Republic of Slovenia and later on to the Supreme Court of Republic of Slovenia.

Both court decisions were in favor of the plaintiffs. The Supreme Court ordered in May 2008 to the Ministry of the Interior to restart again the whole asylum procedure, according to the existing standards of international protection of asylum seekers. However, their case was closed down in July 2008 after both asylum seekers (depressed, victimized and in bad psychological condition) left Slovenia and went to seek help in the Netherlands. During their stay in Asylum Center in Ljubljana they suffered homophobic harassment and violence of the co-residents and the police.

Under the Dublin convention the gay couple was deported from the Netherlands back to Slovenia on 2 November 2009, where they asked (for the second time) for the international protection (asylum) on the ground of persecution based on sexual orientation.

After more than two years the Slovenian asylum authorities gave their decision, which was negative. Mr. Shala and Mr. Krujezi are being denied the right to international protection in the Republic of Slovenia with the decision of the Ministry of Interior, dated on 29 December 2011(received on 6 January 2012).

The arguments for rejection of the asylum application, given by the Ministry of Interior, are depicting the asylum seekers as unreliable and misleading, strongly suspecting of their credibility and undermining their truth. At the same time, the Ministry is saying that the situation in Kosovo today is not representing any danger for the safety of their life or any risk for them of being exposed to violence or discrimination if they return to Kosovo.

To support their decision the Ministry is even referring to the documents of the European Union, which suppose to serve as evidence that the human rights of LGBT people in Kosovo are well protected (sic!), such as European Commission’s Report on Progress of Kosovo, from 12 October 2012.

Considering this decision of Slovenian authorities, which we understand as unjust, discriminatory and shameful for a democratic state, both asylum seekers will now with the help of a lawyer open a dispute (bring charges) at the Administrative Court of Republic of Slovenia.

Nongovernmental association SKUC-LL, solicitor’s office and several lawyers, which are giving help and support to both asylum seekers since 2006, will continue to do so in the future. Both asylum seekers are in bad psychological condition and in need of medical treatment (which was available to them in the Netherlands, but not in Slovenia, where they are only entitled to medical assistance in a state of emergency).

Since 2006 we provided official data on social situation in Kosovo regarding violence and discrimination against GLBT people there (including the data by ILGA-Europe, etc.) to the asylum authorities in Slovenia and the Netherlands. Today still LGBT people in Kosovo are persecuted by the society, their families and threatened with death (blood-vengeance). It is highly dangerous for their lives if returned back to Kosovo.

ŠKUC-LL was established in 1987 within the framework of the feminist group Lilit as the first lesbian organisation in the former socialist Eastern European states.

Related articles

• Analysis: Balkan far right using attacks on gay pride for political gain (madikazemi.blogspot.com)
• LGBT rights in Kosovo (en.wikipedia.org)

2011 round-up: Part six: Asylum and refugees

Image by gianlucacostantini via Flickr

By Paul Canning

I'm rounding up the year in a series of posts - in which no doubt I've missed something, so please let me know what I've missed in the comments!

Asylum and refugees

In May a Spanish academic estimated that 6000 LGBT Africans flee to Europe each year.

In the UK, authorities bureaucratically codified the landmark Supreme Court decision of 2010 ending the concept that refused asylum seekers could (and should) 'go home and be discreet' or relocate to avoid repression. They also began to record sexuality-based asylum claims.

This 'discretion' argument, widely employed to refuse asylum, was rejected by a US Ninth Circuit court in March but used in cases elsewhere.

In the Netherlands, 'westernization' after being in the country for a decade became an argument against the removal of an Afghan refugee, and by extension for others, that was accepted by the government. The Netherlands also created liberal rules for immigration of partners of gay people and said they'd consider extending a existing legal presumption in favour of LGBT asylum seekers from Iran, Iraq and Afghanistan to those from Uganda.


In the UK in an important precedent a court accepted that an individual who does not live a ‘heterosexual narrative’ (i.e. have men ‘calling’ or have a boyfriend/husband and/or have children) can suffer persecution and therefore have an asylum claim in a Jamaican lesbian case.

In the US there were numerous formal complaints over the treatment of LGBT immigration detainees, which includes asylum seekers. The complaints included sexual abuse but the administration refused to extend rules offering protection against rape and other sexual abuse to criminals in jails to immigration detainees. A number of prominent 'undocumented' immigrants came out, including many young people in the movement for a DREAM act which would regularize the status of those brought to the US as children. There were reports that Mexican asylum seekers' claims in the US are increasingly being rejected, using the 'relocation=safety' argument.

Human rights groups started to focus on the position of LGBT in African refugee camps and the thousands believed to have made their way to relative safety in South Africa. The first LGBT refugee project started in May in South Africa. A landmark conference in Kampala in July covered the problem of LGBT refugees in East Africa.

In May the first public appearance of Iranian LGBT refugees happened in Turkey during Ankara Pride.

LGBT asylum seekers continue to face problems in Europe with campaigning attention in 2011 including: a Swiss attempt to remove a gay Iranian; a gay Cameroonian in France; several gay Ugandan, Burundian, Cameroonian and Nigerian cases in UK; a Norwegian gay Iraqi case; a transgender Turkish case in Austria. In Canada, a loud campaign in Toronto stopped the removal of a gay Nicaraguan, as did support for a Sri Lankan in Australia. Most - though not all - such cases demonstrated how campaigning can help stop removals. In the UK, in several cases, judges ordered the anonimization of lesbian and gay asylum seekers supposedly for their protection but also stemming both media coverage and campaigning highlighting such egregious asylum decisions.

In September a first comprehensive report showed prejudiced treatment of LGBT asylum seekers happening in many European countries. But in October, most EU nations adopted rules recognising repression for sexuality reasons as grounds for asylum claims and also gender identity for the first time. They also agreed to share best practice on treatment of LGBT asylum cases.

In Australia a law was passed clarifying protection rights for homosexual refugees.

It emerged in October that key global south LGBT activists are increasingly encountering visa problems when they are invited to events in western countries.

Azerbaijani gay artist Babi Badalov finally won asylum in France after being deported by the UK two years previously, then fleeing to Russia and finally reaching Paris.

In Canada, the conservative government reached out to LGBT groups and the community to support LGBT refugees - and provided funding to help. In the US the administration provided funding for a first LGBT asylum support project in Chicago and a new refugee route began to deliver LGBT to sanctuary in San Francisco.

In August a report confirmed significant progress in UNHCR and other agency handling of gay refugees, mostly Iranians, in Turkey, an example of growing engagement by UNHCR with the issue.

Related articles

• Voice of LGBT asylum seekers raised at Manchester Pride (madikazemi.blogspot.com)
• Paper: LGBT refugees looking for protection and safety: Challenges in refugee status determination and living conditions in Turkey. (madikazemi.blogspot.com)
• Contradiction in how Obama admin treating LGBT refugees (ilga.org)
• Norway refuses gay Iraqi asylum (madikazemi.blogspot.com)

2011 round up: Part two: The growth of international projects

Image by Getty Images via @daylife

By Paul Canning

I'll be rounding up the year in a series of posts - in which no doubt I've missed something, so please let me know what I've missed in the comments!

The growth of international projects

The May 17 International Day Against Homophobia and Transphobia (IDAHO), initiated by the black gay French leader Louis-Georges Tin, exploded this year with events from Lebanon to Fiji - in all over 70 countries took part.

One highlight amongst many: the presence, the voice of Burmese LGBT at events in Thailand. The spread of participation also highlighted the gaps - such as most of the Middle East and North Africa and elsewhere in Africa - as well as the almost total absence of IDAHO events in the United States.

The 'It Gets Better' project tackling bullying of LGBT teens and suicide drew large (although almost completely partisan) participation in the US but extended beyond to Finland, Canada, the UK, the EU, Malaysia, South Africa and Sweden. Diaspora Middle Eastern gays produced videos. In other countries, like the Netherlands and the UK, their own anti-bullying projects were launched with state backing.

In Africa we've seen the growth of networks (and networking) such as via the now 831-member strong International Lesbian and Gay Association (ILGA) African branch, headquartered in South Africa, as well as of other pan-African networks like Amsher, which focuses on HIV/AIDS projects for both gay men as well as men-who-have-sex-with-men (MSM). There was also new LGBT media in Africa: The news website Behind The Mask, again out of South Africa, grew with many new correspondents covering much of the continent. There are two new LGBTI magazines in Kenya, one online and another in print. In September Q-zine launched as "the pan-African voice for LGBTI and queer youth".

'Pride' and the rainbow flag became increasingly visible in India with marches seen both in new cities and more and bigger events in the biggest cities. 2011 saw increasing depictions and discussions of homosexuality in the Indian news media and by Bollywood.

The impact of international funding and organised training in Africa and elsewhere showed in more professional organising and in improved relationships with both civil society and with local media. A particular highlight is Kenya which now has scores of groups including ones in remote areas. International HIV/Aids funding began to recognise a requirement to fund gay/MSM local projects and to oppose the criminalisation of homosexuality because of its impact on HIV/Aids prevention, however 2012 will likely see a setback with the announcement of a funding crisis at the biggest funder, the Global Fund.

Organised religious support for LGBT rights in Africa also grew, particularly marked by the work of the group Other Sheep, and the international activism of Anglican Bishop Christopher Senyonjo, from Uganda.

The international LGBT-specific 'clictivism' project allout.org grew to over a million members, highlighting the core role of the Web and social media in LGBT activism everywhere, but also the flip-side of activism's susceptibility to monitoring and crackdown - as has been tried in Turkey.

Earlier this month the United States announced that it was embedding international LGBT human rights engagement throughout government, including creating a new fund for grass-roots projects and directing that anti-discrimination be encouraged from USAID contractors. This announcement builds on earlier efforts, mainly of some European governments like the Dutch, who announced this year the creation of a huge fund for MSM/gay HIV/Aids projects that will help isolated communities, mainly in Africa.

In a development which will have long term implications, the Inter-American Commission on Human Rights (IACHR), which covers Latin America and the Caribbean, set up an LGBT rights unit.

Related articles

• In West Africa, Nigerians to train LGBT advocates for the region (madikazemi.blogspot.com)
• What preceded Hillary Clinton's UN speech? (madikazemi.blogspot.com)
• Video: Envisioning LGBT Human Rights (madikazemi.blogspot.com)

What preceded Hillary Clinton's UN speech?

By Douglas Sanders

Hillary Clinton’s fine speech in Geneva on LGBT rights saw the US playing catch-up to initiatives of a dozen other Western countries. As activists, we welcome the US to the process. But dawn is not yet breaking everywhere.  There are many time zones.

In the years since the Second World War lesbians and gay men have gradually been recognized as legitimate minorities in the West. Soon half of Western Europe will have legal same-sex marriage (and most of the rest will have registered partnerships in parallel with heterosexual marriage). Latin America has begun to follow the same path, with marriage in two key states (Argentina and Mexico) and equal rights in other places (including strong leadership by Brazil). 

The combination of Western European and Latin America support has turned the tide at the United Nations, allowing (a) the accreditation of LGBT NGOs for lobbying purposes, (b) support from UN human rights experts, and (c) the first resolution by a UN political body in June, 2011, supporting LGBT rights (in the Human Rights Council). 

There is now some jockeying for applause by leading states. Which country has taken the lead and should get special praise? Is it the Netherlands? Is it Brazil? Is it France? Is it Argentina? Is it the UK? Is it the US? We have become fashionable! Hillary Clinton was photographed with a clutch of LGBT leaders from around the world after her speech.

Who is on the other side? Russia. States in the Organization of the Islamic Conference. Most of Black Africa. Who says nothing? India. China (which has stopped simply siding with opposing states on the issues).

The Netherlands must get the ‘lifetime career’ Oscar. It had the first post-war gay organization, and led in funding both for local and international LGBT organizations. Its domestic policy was termed gay and lesbian ‘emancipation.’ In 2001 it was the first country to open marriage. HIVOS, a humanist foundation, administers a part of Dutch foreign aid, and its name is inevitably on the supporters list for international events.  Sweden also gets credit now for supporting the International Lesbian and Gay Association.

The 1993 UN World Conference on Human Rights in Vienna was the first ‘coming out’ party for governments. Five stepped forward to state their support for gay and lesbian equality rights: Australia, Austria, Canada, Germany and the Netherlands. Singapore also stepped forward – the only government to state their hostility to homosexual rights (and skepticism about human rights in general). 

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LGBT refugee support in the Netherlands: Meeting report

Source: GK Platform

[Google translation]

By Michel Becker

Following the international (legal) congress 'Fleeing homophobia and seeking safety in Europe' has a theme day Netherlands Refugee gender-specific persecution organized. At the seminar we wanted some more on the practical implementation and (legal) support LGBT refugees.

One of the conclusions that emerged from Fleeing homophobia was, "Determining someone's sexual orientation or gender identity should, in principle, based on self-identification and should not be covered by medical or psychiatric categories. Interviewers, adjudicating officials, policy makers, the judiciary and legal professionals should be trained and educated in order to better understand a person's sexual orientation and / or gender identity, and should avoid becoming useless to rely on stereotypes." So there is still a task for, among other things, Refugees.

As guest speakers we have Boris Dittrich (advocacy director of Human Rights Watch), Prof. Thomas Spijkerboer (professor gender migration and management sciences at the Vrije Universiteit Amsterdam) and Michel Becker (paralegal Refugees Central Ontario) were asked to tell something about their profession and a discussion suggestions and recommendations to get rid of.

After an impressive film clip about the life of gay men in Uganda Boris bite the head off with a lecture on the position of gay people in countries where homosexuality is prohibited by law. With some poignant examples, he knew the current state of affairs in the world to sketch. Thomas continued with an interesting account of the legal aspects of cases involving homosexuality a flight motive. Which he sarcastically remarked that statements from the highest administrative court (Division of the Council of State) at some points punctuated with homophobia. It is really remarkable that where the Netherlands in equality primarily seeks the best of the class to be our country in the area of gay rights (protection to gay refugees) along with Austria, one of worst countries in Europe are .

After lunch, where there was extensive networking, Michel went on the practical aspects of counseling of gay refugees. Gevluchte many gay men do not dare at first to indicate that they fled because of their homosexuality. How do you mention this? Shows how a refugee and that he's gay? Michel then interviewed three clients who sometimes poignant and sometimes shocking told how the situation in the country of origin for gay men. Interviewed a man of 31 from Iraq, which currently has a repeated application does because he is in a first procedure has not indicated that he had fled because of his sexual orientation, a 31-year-old woman from Uganda whose asylum application was rejected and for which professional the court has been entered and a 21-year-old man from Cameroon who granted residence.

What were their experiences in both their homeland and in the Netherlands? They have something in the (legal) guidance missed, and they give us this? What is desirable and what is not? It is especially important by the interviewees that there is a mutual respect and that employees are not particularly biased. Only then can a proper trust be built and there is room to talk about even more intimate affairs. However, there must be at the outset to make clear that it is essential that the actual flight patterns are put forward.

In the open discussion led by moderator Trees Wijn, head asylum Refugees, recommendations were also shared their own experiences. After all, that was purpose of this day, besides imparting tools to correct their own (legal) assistance to improve. That is quite successful. At the dedication of the attendees will not lie. The theme of gender-specific persecution is again put on the map. There will be following these days, specific recommendations. Thus, for the first reception of refugees actually a homosexual network must be formed by including COC, Refugees and Secret Garden, so that clients ropes made ​​in the local gay community and the asylum procedure. Especially considering the exceptionally sad circumstances in which clients often end up like them in a refugee center (AZC) are placed with predominantly Muslim refugee, this is a big issue.

Gay men fleeing in the Netherlands should feel safe so they get more and openly discuss the asylum procedure. This should include employees of Refugee and Immigration and Naturalisation Service (IND) are trained in intercultural communication, knowledge of country information and personal approach. Only then can the Netherlands a safe future for refugees who have everything and everyone to leave in all freedom and security to live.

Related articles

• Major report finds EU countries using prejudice to reject LGBTI asylum claims (madikazemi.blogspot.com)

Dutch relax rules for gay binational couples, possibly Ugandan gay refugees

Image via Wikipedia

By Paul Canning

The Netherlands is to introduce a temporary residency permit for gay would-be immigrants who want to move to be with a Dutch partner but cannot do so because they are not married.

At the moment, foreign partners can only move to the Netherlands under family reunion rules if they are married or have a legally-binding relationship.

But gay couples cannot either marry or register their relationship in many countries, so the government is introducing the short-term marriage permit to help them get married and live together in the Netherlands. Once the couple has tied the knot, the permit can be swapped for an ordinary residency permit.

Other couples who are not allowed to marry because of religious or other legal constraints will also be able to take advantage of the new visa system, immigration minister Geert Leers told MPs 15 November.

The conservative government's coalition agreement with the anti-immigration Freedom Party (PVV) stated that couples could only be reunited if they are married, but the PVV has agreed to the change.

Leers has also agreed to an investigation into the abuse of LGBT people in Dutch asylum centres. The Minister will also look at the procedure regarding LGBT asylum seekers from Uganda. The Netherlands, uniquely, has a legal presumption in favout of LGBT asylum seekers from Iran, Iraq and Afghanistan, making it easier for those fleeing those countries to claim Dutch asylum. They are classed as 'groups at risk' and this means that the evidential burden in their cases is much lower.

Dutch asylum expert Sabine Jansen says:

"LGBTs from Iran only have to 'prove' that they are LGBTs from Iran."

"Although in practice it is a little more complicated than that - it is not clear what this low burden of proof consists of, and Iranian LGBTs who came out too late to the Dutch authorities or who committed crimes, still face problems (=rejections)."

Related articles

• Bi-national gay couple in Italy face being split up (madikazemi.blogspot.com)

Video: Suriname’s first National Coming Out Day

Source: Stabroek News

The organizers of Suriname’s first National Coming Out Day and the manifestation at Independence Square yesterday say that a start has been made with this activity and it can only become bigger. After a slow start, more and more people started showing up and yelled ‘It’s okay to be gay.’

The call by the event’s organizers, the LGTB Platform consisting of different gay rights organizations, to prominent politicians to show support seems to have been heeded. Parliamentarians Harish Monorath and Shailendra Girjasingh, as well as U.S. Ambassador John Nay attended the festivities.

“The USA has also had its problems with accepting gays. That did not change overnight. Each country arrives at acceptance at its own pace”, Nay said.

“What is happening here is very positive and as Ambassador, I want to show my support. I hope that this will help to conduct a broader debate.”

Source: Star Nieuws
This video plays automatically, so view it after the jump.

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Paper: Sur place claims and the accommodation requirement in Dutch asylum policy

Image via Wikipedia

By Hemme Battjes
 
In many jurisdictions, applications  for asylum by persons who state they fear persecution or risk ill-treatment because of their sexual orientation are refused on the ground that these persons should accommodate, hide their orientation, in order to escape persecution or ill-treatment. Dutch asylum law at first sight seems to be different. The Aliens Circular states that as far as appeal to the Refugee Convention is concerned, “persons with a homosexual orientation are not required to hide this orientation after return”.

At closer look, it appears that accommodation is required in case of sur place claims. A sur place claim is an appeal to (for present purposes) the Refugee Convention or Article 3 ECHR based on events or circumstances that came up after the applicant left the country of origin. As for LGBTI people, it may concern a coming out after arrival in the country of refuge or public expression of the orientation there after hiding it in the country of origin or a transgender treatment. In such cases, accommodation is required.

In this paper I will address treatment of sur place claims in Dutch asylum policy and case-law, and discuss whether this treatment is in accordance with the Refugee Convention and with the European Convention of Human Rights. As the number of cases of LGBTI people is not very great I will address also other sur place claims where accommodation is discussed, in particular claims by Afghan women who adopted a “westernized” life-style in the Netherlands, and by Muslims who converted here to a Christian denomination that requires them to try and convert others. To these categories, more or lees the same applies: the Aliens Circular states that applicants are not required to hide their westernized life-style or affiliation to a minority religion, but at the same accommodation is required if it concerns sur place claims.
  
When interpreting the Refugee Convention, I apply (next to the rules laid down in the Vienna Treaty Convention) both the UNHCR Handbook and Guidelines and the EU Qualification Directive as authoritative, hence not necessarily correct interpretations.
 
Apart from Dutch case-law, I discuss a view foreign cases – not pretending to present a comparative overview, but because those cases present valuable arguments for discussing the Refugee Convention. As to the European Convention of Human Rights, I simply follow the European Court of Human Rights. I will first discuss whether the Refugee Convention or Article 3 ECHR state special  requirements as to sur place claims (para. 2). Then I address the accommodation requirement in Dutch asylum law (para. 3). This requirement is then tested to Article 3 ECHR and the Refugee Convention (paras. 4 and 5); I end with a number of concluding observations. 

Accommodation. Sur place claims and the accommodation requirement in Dutch asylum policy

Related articles

• Report: In six EU countries refugee protection "significantly divergent" (madikazemi.blogspot.com)
• Paper: You are not gay enough; Proving sexual orientation and gender identity within the asylum regime; the credibility challenge In varying cultural expressions of sex and gender (madikazemi.blogspot.com)
• Visualising asylum disparities in the European Union (madikazemi.blogspot.com)

Major report finds EU countries using prejudice to reject LGBTI asylum claims

Source: VU University and COC Netherlands

European countries regularly reject the asylum applications of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum applicants on the basis of prejudices and stereotypes. Researchers of COC Netherlands (the oldest lesbian, gay, bisexual and transgender organization in the world) and VU University Amsterdam draw this conclusion in the 'Fleeing Homophobia' report, presented at a conference in Amsterdam 5 September.

Sabine Jansen (COC) and Professor Thomas Spijkerboer (VU University Amsterdam) investigated during the past year how European Union Member States deal with asylum applications by LGBTI applicants who fear persecution on account of their sexual orientation or gender identity in their country of origin. The project was made possible by support of the European Commission.

One of the conclusions of the research is that EU Member States regularly reject asylum applications on the basis of prejudices and stereotypes. One example is that asylum seekers are not believed in their assertion of being homosexual if they do not behave in a caricatured feminine manner, or if a woman is not aware which penalty is imposed on lesbian sex in her country, or if asylum applicants do not participate in the lesbian or gay scene in the country of refuge. The credibility of asylum applicants should not be assessed by relying on stereotypes, the researchers say.

Many European countries expect asylum applicants to actively conceal their sexual orientation or gender identity in the country of origin in order to prevent homophobic or transphobic violence. In this way, Europe forces LGBTI individuals to keep hiding. By doing this, European countries support homophobia and transphobia; asylum applicants should not be sent back into the closet, the researchers conclude.

Moreover, not enough recognition is given to the fact that in many countries homosexuality is still a criminal offence. In these cases, LGBTI asylum applicants from such countries should in principle be granted asylum, according to the researchers.

The report's recommendations leads with a general one that:

In the light of Article 3 of Regulation 439/2010 establishing a European Asylum Support Office, the Office should give priority to promoting and coordinating the identification and pooling of good practices regarding the examination of applications of lesbian, gay, bisexual, trans and intersex asylum applicants.

COC Netherlands Vice-Chair Wouter Neerings said:

"Together with its European partner organizations, COC will put pressure on European authorities to effectively put in place an asylum policy which better protects LGBTI asylum applicants in Europe."

Fleeing Homophobia Report

Dutch start an asylum-seeker reality TV show - or do they?

Source: Channel 24

Dutch public broadcaster VPRO has come up with a new reality show using rejected asylum-seekers that seems designed to provoke revulsion - or is it merely another bluff?

Leaving the Netherlands (Weg van Nederland) will give five rejected asylum-seekers the opportunity to show off their knowledge of their would-be adopted country with €4 000 as prize.

The sum, which would just about pay for a decent family holiday in Europe, could "provide a new start in life in the country of origin," VPRO says on its website.

After years of battling to remain in the Netherlands, the asylum-seekers have acquired a wealth of knowledge about the country, including fluency in the Dutch language, making them interesting quiz contestants for a Dutch audience.

The idea has already provoked intense reactions on the broadcaster's website. It has been called "disgraceful", "tasteless", and even "sick".

Five people, all young and well educated, and all of them wanting to stay in the Netherlands to create a new life for themselves, are to do battle with each other on the history, culture, geography and art of a country that shortly intends to throw them out - and with force if need be.

Presenter Waldemar Torenstra says in an advert for the show that Dutch television viewers can also take part, with as prize a seaside holiday in the Caribbean - even though they face no threat of being deported. The aim here is clearly to reveal the native Dutch know even less about their own country than the rejected foreigners.

VPRO has declined to comment, raising suspicions that the whole thing is a marketing gag. The show is being billed as a one-off, not as a series, which has only heightened suspicions, especially in the light of a fake kidney donor programme broadcast by rival BNN in June 2007.

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Dutch launch massive, world-first HIV/Aids program aimed at world's marginalised

Image via Wikipedia

Source: GNP+

The Ministry of Foreign Affairs of the Netherlands has reserved € 35 million so that gay men, people who use drugs and sex workers in 16 countries can get easier access to information, condoms, antiretroviral treatment and care.

Never before has a country launched such a large HIV program aimed at these vulnerable groups. It could mean a huge turnaround in reducing the number of HIV infections in the 16 countries.

The program will start in September 2011 and be implemented by seven Netherlands based organizations  including GNP+. As well as the grant from the Ministry of Foreign Affairs, the program has been made possible by € 11.7 million from other sources.

The 4.5-year program has been judged the best by the ministry.

Earlier this year there was a call for proposals for development cooperation projects aimed at vulnerable groups. The Dutch government’s decision to reserve funds for this project is highly important. It means a continuation of the ‘Dutch approach’ within international AIDS relief where access to prevention and care in combination with the decriminalization of drug use, homosexuality and sex work is central. This is the only way gay men, people who use drugs and prostitutes can get the care they need.

A good example of this care is the integrated needle exchange program for injecting drug users. Many HIV infections are prevented as a result. The great success of the Dutch approach is recognized internationally.

Vulnerable groups are 10 to 20 times more likely to become infected with HIV than the general population. Only 8% has access to prevention, care, HIV treatment and support.

Many countries have legislation that makes access to care difficult or impossible. Examples include laws that make homosexuality a criminal offence or ones that are used to prosecute sex workers.

Offering HIV/AIDS care developed for and by these vulnerable groups must therefore go hand in hand with political pressure to change such legislation. This is precisely the aim of this program. It is also aimed at partners of gay men, drug users and sex workers. Because of the taboo related to homosexuality, in many countries men also have a relationship with a woman or are married.

The program will be run in 16 countries: Georgia, Kirghizstan, Tadzhikistan, Ukraine, Botswana, Uganda, Kenya, Zimbabwe, South Africa, Nepal, Pakistan, Vietnam, Indonesia, Brazil, Costa Rica and Ecuador.

The program builds on work carried out in recent years. This work can now be continued and expanded. This new program will involve a lot more collaboration in order to be as effective and efficient as possible.

Gaps in existing projects will also be tackled. For example, most prevention programs along ‘truck routes’ in Africa are aimed at drivers. Until now, they have not benefited sex workers. This has meant that a great many infections still take place along these routes.

The Dutch program will be carried out by seven organizations: Aids Fonds/STI AIDS Netherlands, Aids Foundation East-West, COC, Global Network of People living with HIV, Health Connections International, Mainline and Schorer.

Together with 102 partner organizations in the 16 countries listed, they will ensure that in the coming years 400,000 gay and bisexual men, transsexuals, people who use drugs and sex workers get access to HIV prevention, treatment, care and other support.

New Report Shows Major AIDS Funders Fail to Track Investments for Gay Men and Transgender People

Source: MSMGF

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Report: In six EU countries refugee protection "significantly divergent"

Image by solidether via Flickr

Source: UNHCR

"Safe at Last? Law and Practice in Selected EU Member States with Respect to Asylum-Seekers Fleeing Indiscriminate Violence" examines the application in particular of Article 15(c) of the EU's Qualification Directive (QD), under which Member States are required to grant subsidiary protection to persons fleeing ''serious and individual threat to a civilian’s life or person by reason of indiscriminate violence in situations of internal or international armed conflict."

The research has focused on the practice of six EU Member States who received together 75% of EU asylum claims in 2010: Belgium, France, Germany, the Netherlands, Sweden and the UK. The study looked in particular at the assessment of claims for protection by Afghans, Iraqis and Somalis.

The study found, among other things, that the approaches to application of Article 15(c) of the Qualification Directive are significantly divergent between the six Member States examined. In some cases, it would appear to be applied in such a narrow manner that protection is denied to many persons which Article 15(c) was originally intended to cover. In some States, it is applied to an extremely small percentage of people fleeing situations of violence and armed conflict overall.

In addition, it appeared that States are not granting refugee status under the 1951 Refugee Convention to some people fleeing indiscriminate violence who, in UNHCR's view, would be entitled to it. It is found moreover that the added value of Article 15(c ) QD compared to Article 3 of the European Convention on Human Rights (ECHR) is not clear; that approaches to assessing the level of violence required to trigger
application of the provision vary widely; and that the concept of a "real risk" is interpreted in a way that imposes a heavy burden on applicants to show they are exposed to individual risks.

Based on these findings, UNHCR puts forward nine recommendations to Member States and the EU in order to ensure that protection is granted to persons fleeing indiscriminate violence.

Safe at Last? Law and Practice in Selected EU Member States with Respect to Asylum-Seekers Fleeing Indiscri...

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Suriname MP wants to "eradicate" homosexuals

Image source Wikipedia

Source: Caricom News Network

A member of Suriname’s coalition administration Ronny Asabina, has called on the government of President Desi Bouterse to state its position regarding the legalization of gay marriages. Ronny Asabina’s remarks came after Social Affairs and Housing Minister Alice Amafo said that the government is implementing policies to create “strong and healthy families”.

“How could this goal be achieved in a situation where gay couples are adopting and raising our children”, Asabina from the BEP-faction said, describing homosexuality as a “disease and a mental disorder”.

“I want to indicate clearly that I am against homosexuality. To me it is an impairment, a deviation, however I don’t want to stigmatize people who are in this movement.

“On the contrary I see them as a victim and have compassion for this group”, he said, adding that homosexuality should be stamped out before it is too late.

He said the only option left is legalization and regularization.

“We must stamp out homosexuality in Suriname. It wasn’t good yesterday, it isn’t good today and it won’t be good tomorrow or in the future”, said Asabina, noting that although it is legalized in the western world it should not be accepted.

But the pro-gay activist group, Suriname Men United (SMU), has described Asabina’s remarks as “distasteful and a stab in the back”.

“The opinions members of parliament present should be based on the law and not on personal conceptions”, said Kenneth van Emden, Chairman of Suriname Men United.

Asabina: "Homosexuality: eradicate root and branch"

In a letter to Asabina, the SMU said that since 1990, the World Health Organization (WHO) no longer qualifies homosexuality as a psychic disorder.

Van Emden said he would welcome a national debate on the issue since the gay community is “also part of the Surinamese population”.

Meanwhile, opposition legislator, Ruth Wijdenbosch, in a message posted on her Facebook page said that she doesn’t support Asabina’s position on homosexuality.

“Furthermore I am against discrimination of any group in a civilized society such as Suriname. I will not support ant-gay actions”, said Wijdenbosch, who is also Deputy Speaker of the Parliament.

The Freedom Party (PVV) in the Netherlands has sent a letter to two government ministers seeking a comment on Asabina’s statements.

The PVV said wants to know whether Asabina expressed the view of the Surinamese coalition and if so, what could be the consequences for the bilateral relations between the Netherlands and Suriname.

The New York-based rights group Human Rights Watch, is also urging the Surinamese government to distance itself from Asabina’s anti-gay statements.

The UN Human Rights Council in May outlined several recommendations to Suriname regarding the legal position of gays, bi-sexuals and transsexuals.

Minister of Justice and Police, Martin Misiedjan said that the government will seek wide support to implement these recommendations. The government has to present an update report to the Human Rights Council by September.

Call for abstracts: Fleeing Homophobia Conference

Call for abstracts

    Conference: Fleeing Homophobia
    Date: 5 & 6 September 2011
    Place: VU University Amsterdam

Submit an abstract!

During the conference, two sessions have been reserved for researchers who want to present papers. Papers are invited on any topic that is directly relevant for LGBTI asylum cases, including (but not restricted to):

•     Credibility assessment
•     Coming out late
•     Persecution by third parties
•     Country of Origin Information
•     Preventing persecution by being 'discreet'
•     Increasing LGBTI awareness
•     Sexual orientation: act or identity?

Papers do not necessarily have to be finished products. Work in progress is more than welcome. If you want to submit a paper, send an abstract of no more than 250 words to Louis Middelkoop at l.p.middelkoop@vu.nl before 15 June 2011. Papers should be submitted at the latest on 15 August 2011, and will be posted on the conference website.

Fleeing Homophobia is a project of COC Netherlands and VU University Amsterdam, in cooperation with the Hungarian Helsinki Committee, Avvocatura per i diritti LGBT/ Rete Lenford, and the European Council on Refugees and Exiles.

Fleeing Homophobia is funded by the European Refugee Fund, the Dutch Ministry of Justice, and the participating organisations.

In Netherlands, 'Westernization' is now a reason for asylum (for some)

Sahar Hbrahim (centre)

By Paul Canning

The Dutch Conservative government has recently changed the criteria for one group of asylum seekers, thinking it had solved a political problem, only to raise the question of why they're not applying it to others.

Immigration and Asylum Minister Gerd Leers has agreed that some girls could not be returned to Afghanistan if they are 'too westernized'.

Fourteen year old Sahar Hbrahim from Friesland had been left after ten years without legal recourse to fight removal to Afghanistan. The minister had initially judged her story ‘not unique enough’ to allow her to stay at his ministerial discretion.

Then in January a court said that Leers had not explained sufficiently how Sahar was going to cope in Afghanistan - ‘westernised’ as she is. Unicef and many others have documented that girls’ lives in Afghanistan are far from easy and that corporal punishment is an everyday occurrence. Girls who have lived abroad are even worse off. They are habitually humiliated because they are ‘unclean’.

Leers remained adamant: Sahar had to go, but behind the scenes the minister was trying to find a way out. The foreign ministry was asked to investigate how safe it was for a ‘westernised’ girl to go to school in Afghanistan. They confirmed that life in Afghanistan for children like Sahar is hell. So Leers introduced a new kind of asylum seeker: the ‘westernised’ kind. And Sahar, the minister said, falls within that category and therefore she can stay.

But it remains unclear what else makes a ‘westernised asylum seeker’ a ‘true asylum seeker’.

Read more »

Video: Turkish film explores transsexual lives in Istanbul

Source: De Balie

[Google translation]



On Saturday, April 2 organize Foundation Pera, COC and COC Netherlands Amsterdam De Balie film with a debate on gay and transgender people in Turkish society. De Balie, the film Teslimiyet (Other Angels), in Turkey much commotion, below. This is the European premiere of this film. There is an introduction provided by Dennis Boutkan (COC Chairman), afterwards followed by a Q & A (tbc) Emre Yalgin with the director and the public. Afterwards there an episode of Pink Paradiso in Istanbul.

The film Teslimiyet (Other Angels) came out in Turkey in December 2010 and was the biggest newspaper in Turkey (Hurriyet) "A courageous film mentioned. The film was an official entry for the Ankara Film Festival in late March in Turkey. Teslimiyet as its theme the lives of transgender prostitutes and their struggle for acceptance and equal rights. The movie is also and above all a story about people who have been sentenced to the bottom of society to live and thrive on those prejudices.

The image of transgender people in Turkey is that they are working in prostitution and that they are aggressive. Teslimiyet let people see, and with feelings of longing for love. Teslimiyet portrays the vicious circle in which transgender people in Istanbul are located, how prejudices come about in the macho society in Turkey and how they are maintained. The film is unique because the cast consists of transgenders from Istanbul, none of them are professional actors.

The film screening will be an introduction by a renowned Turkish and Dutch columnist Dennis Boutkan of COC. The moderator of the evening asking responses to known and lesser-known Turkish Dutch in the room, whether or not active in the gay network. Many guests are members and activists from Turkish gay and straight organizations from Dutch-Turkish network of Pera, Istanbul Pink, COC, The Desk, Gay Agent, and IOT HTIB. Also, guests of Moroccan, Antillean and other organizations exist because we think that the theme in other plays macho society where status and honor, and stereotypes and taboos, making the problems and the position of transgender and queer left undiscussed.

Later that night the doors open for Paradiso art and dance programs Pink Istanbul. It would require a separate visitors to buy a ticket at the door of Paradiso. Pink Istanbul is a cultural event that takes place twice a year in Paradiso and pay attention to gay and transgender communities in Istanbul and Amsterdam. Pink Istanbul offers an audio-visual art, music and dance night with DJs, VJs and live performers from the gay scenes of Istanbul and Amsterdam.

The Pink Istanbul Foundation Programme is an initiative of Pera, is led by Serdar Manavoglu and is a collaboration between Pera, Paradiso, COC and COC Netherlands.

Premiere Teslimiyet (Other Angels) De Balie

Turkey, 2010, 96 '
Director: Emre Yalgin
Cast: Gorkem Arslan, Didem Soylu, Seyhan Arman, Kilic Buse Kaya

Event: Fleeing Homophobia conference

• Date: 5 + 6 September 2011
• Place: VU University Amsterdam

Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States. During the Fleeing Homophobia project, Sabine Jansen (COC) and Thomas Spijkerboer (VU University Amsterdam) have undertaken a comparative research about how these applications have been dealt with. Further to their findings, they have formulated policy recommendations.

During the conference:

• The research findings will be shared with a wider audience.
• The consequences of these findings for policy makers, decision makers, the judiciary, lawyers, NGO’s and activists will be discussed.
• Academics and people working in practice will share insights and experiences, so as to make these mutually fruitful.

Speakers include Jenni Millbank (University of Technology, Sydney), Nicole LaViolette (University of Ottawa), Sabine Jansen (COC) and Thomas Spijkerboer (VU University Amsterdam).

Further information about the programme, participation and other details of the conference will be published on this website as of 1 April 2011.

Fleeing Homophobia is a project of COC Netherlands and VU University Amsterdam, in cooperation with the Hungarian Helsinki Committee, Avvocatura per i diritti LGBT/ Rete Lenford, and the European Council on Refugees and Exiles.

Fleeing Homophobia is funded by the European Refugee Fund, the Dutch Ministry of Justice, and the participating organisations.

Dutch urged to find alternatives to detention

Image via Wikipedia

Source: Radio Netherlands

Amnesty International Netherlands says that the Dutch immigration authorities resort to detention too easily and keep illegal aliens incarcerated for far too long. The human rights organisation has called on parliament to take action.

The cabinet argues the detention centres are only used as a last resort, but Amnesty says in actual practice this is not true.

According to Amnesty, the number of illegal aliens held in detention centres averages around 9,000 a year. Judges regularly rule that an incarceration is unlawful. Amnesty says this is hardly surprising as the criteria for detention are too loosely applied.

Amnesty also says the authorities rarely avail themselves of alternatives such as electronic supervision, allowing illegal aliens to post bail, or allowing other persons to act as guarantor. The organisation says this is true even in cases involving vulnerable groups such as the elderly or victims of torture.

A June 2008 Amnesty report The Netherlands: Detention of Irregular Migrants and asylum-seekers included sharp criticism of the Dutch practice of detention and made numerous recommendations.

In 2010, Amnesty made an update of this report which concluded that the main recommendations from 2008 have not followed: Vreemdelingendetentie: The Battle of Human Rights (November 2010).

On January 20, 2011 Amnesty wrote a letter to the House prior to the general consultation on the issue.

Related articles

• Dutch may change immigration rules for LGBT couples (madikazemi.blogspot.com)
• As the Netherlands freezes, the government evicts asylum seekers (madikazemi.blogspot.com)

New Dawn: How Africa is changing for the better on LGBT rights

Rwandan UN Ambassador Olivier Nduhungirehe

Source: Gay Times

By Paul Canning

Last December something rather historic happened in New York. The world voted in favour of the most basic gay right of all - the right to life.

A month earlier a group of Islamic and African countries had struck out 'sexual orientation' from a United Nations resolution on extrajudicial - non-state - killings. It had been in a long list of groups deserving protection.

The United States then announced they would try to get the vote reversed and 20 December it was. By a landslide.

Despite the vote being cast in apocalyptic terms (the delegate from the West African state of Benin said that "this vote determines the very future of humanity!" and that it would "go down in the annals of history") over a quarter of member states positively changed their votes - including a third of Africa.

Rwanda voted for gays and in an astonishing speech the delegate Olivier Nduhungirehe said it was not because of lobbying or threats but because of the lessons learned from the genocide that country had suffered.

"Whether or not the concept is defined or not, whether or not we support the claims of people with a different sexual orientation, whether or not we approve of their sexual practices – we must deal with the urgency of these matters and recognize that these people continue to be the target of murder in many of our societies, and they are more at risk than many of the other groups listed. This is unfortunately true, and recognizing this is not a call to give them special rights; it’s just recognition of a crime, that their fundamental rights, their right to life should not be refused. But to refuse to recognize this reality for legal or ideological or cultural reasons will have the consequence of continuing to hide our heads in the sand and to fail to alert states to these situations that break families."

Read more »

Dutch may change immigration rules for LGBT couples

Image by Guido. via Flickr

Source: Radio Netherlands

Immigration Minister Gerd Leers says he is going to look into family reunion for homosexuals following a meeting with a Dutch gay rights organisation COC.

The coalition agreement and support agreement with the anti-immigration Freedom Party states that couples can only be reunited if they are married, but in most countries it is impossible for gay men, lesbians, transgender people to marry someone of the same sex. As a result their partners do not have a right to come to the Netherlands.

Minister Leers says he will look into exceptions to this policy. Democrat D66 MP Gerard Schouw wants the stipulation scrapped. He says the Freedom Party's policy to limit migration has been given priority over gay rights.

The minister promised an investigation into the abuse of homosexuals in asylum centres. He also promised to look into the persecution of gays in Uganda with regard to procedures for asylum in the Netherlands, following the recent murder of Ugandan gay rights activist David Kato.

The COC is moderately positive about the minister's promises but says it will follow his actions critically.