LGBTQ migration

from Wikipedia, the free encyclopedia
Pride Parade in Athens 2009

LGBTQ migration refers to movements of lesbian , gay , bisexual , transgender and queer populations worldwide or within a country, often to escape discrimination or bad treatment on the basis of sexual identity .

Discrimination / tolerance towards the LGBT community by region

Australia

From the 1900s, homosexuality was accepted as a reason for deportation in Australia. It wasn't until the 1980s that the country officially allowed homosexual immigration.

North America

From the beginning of the 20th century, homosexuality was viewed as a mental illness. This excluded homosexuals from immigrating to the United States and Canada . Canada has allowed homosexual immigration since 1991.

United States

In the United States, the Immigration and Nationality Act of 1965 became the first policy to make it impossible for “sexually deviant” people to immigrate. In addition, the law also resulted in the Immigration and Naturalization Service (INS) being required to deport people classified as “sexually deviant”.

The anti-communist era Lavender Scare (mass layoffs of LGBT workers by the US government) in the 1950s led to additional persecution of homosexuals and created a climate of fear in the LGBT community. After the war ended, the United States Park Police launched a campaign for the "elimination of perverts" in Washington, resulting in multiple arrests of gay men in city parks. Many of those arrested then lost their jobs.

Until 2011, homosexuals were excluded from military service because it was believed that they were incapable of military service. The law, known colloquially as “ Don't ask, don't tell, ” only allowed homosexuals and bisexuals to be part of the military if they kept their sexual orientation a secret. It was only the Obama administration that finally allowed outed persons to serve in the military.

Mexico

In Mexico between 2002 and 2007, approximately 1,000 people - mostly gay men - were murdered for homosexual acts. This made Mexico the country with the second highest rate of homophobic crime in the world, behind Brazil. The homosexual homicide rate by women is far below that of men: between 1995 and 2004, 16 women were murdered as a result.

A study by the Universidad Autónoma de Madrid found that the most common types of discrimination were “not being hired for a job”, “police extortion and detention” and “employee abuse”.

Europe

The knight of Hohenberg is burned for sodomy together with his employee, Zurich 1482

In ancient times, the Greeks and Romans, like most other Mediterranean cultures, glorified homosexuality. Even before the seventh century, there were no laws in Europe that prohibited homosexual acts.

It was not until the 16th and 17th centuries that all types of homosexuality in Europe were equated with the sin of sodomy , which was to be punished with death.

With the Buggery Act 1533 and the Incorporation of Wales Acts 1535–1542 , homosexual sex was punishable by death by hanging in England and Wales. During the Holocaust , homosexuals were systematically murdered in the areas occupied by Germany and its allies. Homosexuality was also criminalized in the Soviet Union under the Stalin regime. In 1933, a five-year prison term in prison labor camps was given for the offense. This law was not repealed until 1993.

More than 80 of the countries that still criminalize homosexuality today are former British colonies . Theories suggest that many colonies adopted British anti-gay laws in the 19th century, which continue to influence the societies of these countries to this day.

Africa

In many African countries, homosexuality is punishable by death, such as Mauritania , Sudan and Nigeria , where lesbians and gays can be stoned. Institutionalized gay persecution is widespread in Cameroon , Burundi , Rwanda , Uganda, and Gambia . In 1995, for example, Zimbabwe banned homosexual acts.

Uganda

In Uganda "touching a person with homosexual intent" is punishable by life imprisonment. Acts that are classified as propagating homosexuality can be punished with up to seven years in prison. These actions include, among other things, advocating for LGBT rights, being a member of an LGBT organization or educating people about safer sex among homosexuals.

South Africa

" Corrective rape " (Corrective rape), the rape of members of the LGBT community with the aim of sexual orientation change of the victim, is a common phenomenon in South Africa. The "disease" of these people should be cured by rape. The large number of people infected with HIV / AIDS in South Africa makes this phenomenon particularly dangerous.

"Hua Ying Chin Chen" homoerotic pressure, China, Ming Dynysty (1368–1644)

Asia

Armenia

In 2011, 97% of people surveyed in a study in Armenia said they were hostile to homosexuality. Traditional expectations saw no place for homosexual or transsexuality in society and the state authorities did not take sufficient action against discrimination against the LGBT population. Therefore , according to a study by the Armenian LGBT organization PINK Armenia , the majority of the LGBT community wants to emigrate permanently in order to be able to lead a more open life abroad. Around 6,000 people emigrated between 2011 and 2013 alone. Many of them would apply for asylum in their destination country.

However, emigration is a great wish for many parts of the population in Armenia, as the economic situation for many Armenians is not satisfactory. This generally leads to the so-called “ brain drain ”, ie the departure of trained people, which further weakens the economic situation. With regard to LGBTQ migration, the emigration of LGBTQ activists is also a problem, which means that the emancipation of the LGBTQ community is not making great progress.

China

Bisexuality was considered normal in ancient China . After contacts with the West were made, homosexuality began to be seen as a mental illness in China from the Qing Dynasty . In 1740 homosexuality was finally banned. Later in the Chinese Republic , although homosexuality was no longer officially prohibited, it was still prosecuted by the police.

A 2015 study by the United Nations found that only around 15% of the LGBTQ population dared to come out to their families because they feared discrimination. Many of the respondents said they bowed to family pressure and entered into an opposite sex marriage.

Same-sex acts between adults are not punishable. The LGBTQ minority is currently legally - for example in the labor law or the law for the protection of minorities - but not expressly protected.

Afghanistan

Under the influence of the Taliban , men accused of sodomy were sometimes murdered by bringing down a stone wall above them. In February 1998 three men were placed in front of a wall, which was then knocked over by a tank. Before the Taliban came to power, this type of stoning to kill homosexuals was not common. Even after the Taliban lost their power, homosexual acts were again punished with fines and imprisonment.

Iran

In Iran, the LGBT community is persecuted by the moral police, the Basiji .

Iraq

In Baghdad u. a. Crimes against homosexuals committed in 2009. The Iraqi militia tortured some homosexuals to death. At least 63 members of the LGBT community in Iraq were tortured.

Israel

Israel has allowed gays and lesbians to serve in the military since 1993. Any form of discrimination against the LGBT community is prohibited. The Israeli government also financially supports LGBT organizations, and the Prime Minister has publicly condemned crimes against the LGBT community. Marriages of LGBT immigrants who were also officially recognized in their countries of origin are also recognized in Israel.

North Korea

The North Korean government announced that LGBT culture was born from the vices of capitalism. Homosexuals are punished with up to two years in prison.

Saudi Arabia

In Saudi Arabia , homosexuality was punished with a maximum penalty of public execution . Other types of punishment include forced sex reassignment, fines, imprisonment, and flogging.

International

In September 2013, the member states of the UN committed themselves to protecting LGBT rights, campaigning against homophobia and campaigning for the advancement of LGBT rights.

In 1991 the World Health Organization removed homosexuality from its list of mental illnesses.

LGBTQ Discrimination and Tolerance in Religion

Orthodox Church

Religious anti homosexual protesters in San Francisco

The Congregation of Canonical Orthodox Bishops of North and Central America announced that "marriage is a union between a man and a woman". The Orthodox Church has repeatedly referred to homosexuality as a sin that harms the soul, although some heads of the Church have spoken out against it.

Christianity and the Bible

The Old Testament is interpreted in a number of Christian churches in the sense that homosexuality and homosexual acts are condemned. The Catholic Church has traditionally rejected same-sex partnerships and declared them unnatural. The Catholic Church has spoken out openly against LGBT rights. In 2013 Pope Franciscus said of celibate homosexuals aspiring to the priesthood: “Who am I to judge?” On the other hand, there are some Christian churches of Anglicanism, Protestantism and Old Catholicism that either bless same-sex couples or those Have made marriage possible for same-sex couples under canon law.

Today's migration flows

Countries known for emigration by members of the LGBTQ community include Iran , Iraq , Jamaica , Pakistan , Saudi Arabia , Mexico, and Brazil .

These emigrants often emigrate to Canada, the EU or the United States. In 1994, the US Immigration Act recognized persecution based on sexuality as a basis for asylum. Barack Obama directed the authorities to grant asylum to persecuted members of the LGBTQ community.

Migration from the Middle East

Compared to its Middle Eastern neighbors , Greece has LGBT-friendly policies and also accepts persecution based on sexuality as a basis for applying for asylum.

Israel signed the UN Convention and Protocol relating to the Status of Refugees in 1951. According to this convention, everyone who has “a well-founded fear of persecution” has the right to asylum. It is also forbidden to send refugees back to their home countries where their lives were previously in danger. This guideline was not followed closely, but Palestinian LGBT immigrants were accepted by the Israeli LGBT community. Previous same-sex marriages are recognized by Israel, although homosexual couples are not allowed to marry in Israel. Because of this, there were many members of the LGBT community who emigrated to Israel from the Middle East.

Tel Aviv was named the "LGBT Capital of the Middle East" by Out Magazine in 2014.

Migration from Nepal and the Philippines

Members of the Filipino and Nepalese LGBTQ communities said in research that they were able to alleviate conflicts with their families after emigrating and having the opportunity to send money back home.

Migration from Ireland to London

Irish citizens are generally known to emigrate frequently to England and especially to London, mostly to get employment there. However, it was also noted that there are migration flows from the Irish LGBT community to London because a more open climate is expected there. Big cities and international cities are often viewed as more tolerant and open to sexual diversity. You can also find established LGBT communities in many of them.

Right of asylum for LGBTQ people

One type of migration is the flight from the home country to another country. Special rules apply here, as the destination country would have to assess all asylum seekers according to the criteria of the Geneva Refugee Convention and cannot, as with other forms of migration, fall back on its own immigration laws or similar.

UNHCR policy

In 2008 , the Office of the United Nations High Commissioner for Refugees ( UNHCR ) published a guideline for asylum procedures based on persecution based on LGBTQ membership. This had become necessary because an increasing number of asylum applications were made on this basis. This guide generally explains how the asylum reasons of those affected relate to the Geneva Refugee Convention and how the asylum applications should be assessed.

Reasons for asylum

In principle, the rules of the Geneva Refugee Convention still apply: An asylum application must be based on a well-founded fear of persecution on the basis of race , religion , nationality , membership of a certain social group or political convictions of a person. For LGBTQ people, belonging to a social group is usually the stated reason for asylum. Sometimes, however, political convictions or religion are also cited.

The feared persecution can basically come from two different sources: on the one hand directly from the state, for example in the form of discriminatory laws, on the other hand from the private sector. Violence emanating from private individuals and institutions only counts as a reason for asylum if the state authorities do not adequately punish them. Since it is mostly the case that the situation for members of the LGBTQ community is similar in all areas of a country of origin, internal migration is usually only a limited practical solution.

According to the guidelines, state-based discrimination includes not only laws that apply exclusively to members of the LGBTQ community, but also those that are predominantly applied to them. Examples of this would be regulations on “moral behavior in public” or “immoral satisfaction of sexual needs”. Laws that have actually already been abolished but will still be applied should also be considered.

Decision on the asylum application

When assessing an asylum application, the difficulty would often lie in the fact that the persons concerned were often unable to provide any evidence of actual membership of the LGBTQ community and the resulting persecution. The directive therefore calls for a person's self-identification to be taken as an indication and for asylum applications to be rejected only if there are significant doubts about the statements. Concerns that arise because an applicant does not conform to common stereotypes in their demeanor are not considered to be justified according to the guidelines.

Furthermore, it is generally not necessary for an applicant to document his or her life as a member of the LGBTQ community or the resulting persecution in the country of origin. It is also emphasized that the person does not have to have dealt with their identity openly or have already been persecuted in order to be able to submit a successful asylum application.

The fact that someone could avoid persecution by keeping their sexual orientation or identity secret is no reason for a rejection of the asylum application, since everyone has the right to freely express their personality.

Obstacles to asylum applications

For many asylum seekers, especially those who have been exposed to sexual violence, it is difficult to describe their experiences to the responsible authorities. The situation would be made even worse if they had to talk to someone who was not adequately trained to interview LGBTQ people or victims of sexual violence.

In the countries of asylum there is often a very different level of acceptance among asylum seekers. For example, many people would also seek asylum in a country that is not itself tolerant of members of the LGBTQ community. As a result, they would have to continue to live in fear in their new place of residence. But even in countries that largely respect LGBTQ rights, problems can arise if asylum seekers are exposed to the violence of roommates in their accommodation.

Legalize same sex marriage

Some countries offer same-sex couples with a foreign partner the same rights as heterosexual couples. These countries include Switzerland, Germany, Norway, Sweden, Iceland, Great Britain, Canada, Belgium, Israel, South Africa, Brazil, the Netherlands, Spain, France, Denmark, Finland, New Zealand, Portugal, Australia, Ireland and the USA.

Countries that have since legalized same-sex marriage include Germany , Ireland , the Netherlands , Belgium , Luxembourg , Canada , South Africa , Norway , Sweden , Finland , Denmark , Iceland , Spain , Portugal , New Zealand , Australia , Taiwan , Argentina , Uruguay , Brazil , Colombia , Ecuador , Costa Rica , France , Austria , United Kingdom , Malta , United States and many states of Mexico .

In many countries, on the other hand, it is still only allowed for heterosexual couples to transfer rights to one partner through the citizenship of the other in the case of binationality. These rights include, for example, the option to apply for permanent residence and permanent employment in the partner's home country.

Individual evidence

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