THE SITUATION OF LGBTI PEOPLE WITH INTERNATIONAL PROTECTION NEEDS IN NORTHERN CENTRAL AMERICA - RECOMMENDATIONS DOCUMENT - Aecid
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SEPTEMBER 2018
STUDY ON
THE SITUATION OF LGBTI
PEOPLE WITH INTERNATIONAL
PROTECTION NEEDS IN
NORTHERN CENTRAL AMERICA
RECOMMENDATIONS DOCUMENT
STUDY ON HUMANITARIAN ACTION
STUDY ON THE SITUATION OF LGBTI PEOPLE WITH INTERNATIONAL PROTECTION NEEDS IN NORTHERN CENTRAL AMERICA RECOMMENDATIONS DOCUMENT Date August 2018 NIPO paper 109-18-001-9 Coordination Oficina de Acción Humanitaria web: http://www.aecid.es/ES/ah contacto: jefe.oah@aecid.es Original design and layout Lara Lanceta. This study was commissioned to the Pedro Arrupe Human Rights Institute of the University of Deusto by the Spanish Agency for International Development Cooperation (ID No. CONMEN/2018/0000000026). This report was prepared in collaboration with UNHCR, and in particular with the Mexico and Guatemala Offices and with the Regional Office for Central America, Cuba and Mexico with headquarters in Panama. Authors Dolores Morondo Taramundi and Maite Daniela Blanco Lo Coco (Human Rights Institute, University of Deusto) The authors would like to express their gratitude to everyone who contributed to this study through interviews, data, suggestions and other input Notice The analysis, errors and conclusions or recommendations of this working document do not necessarily reflect the official opinion of the Spanish Agency for International Development Cooperation or any of its partners. © AECID, 2018 Spanish Agency for International Development Cooperation Av. Reyes Católicos, 4 28040 Madrid, España Tel. +34 91 583 81 00 www.aecid.es
CONTENT Presentation of the study: objectives and methodology 04 Context 04 Objectives 05 Methodology 06 Analytical framework 07 Recommendations 10 Pillar 1. Reception and admission 11 Pillar 2. Immediate and ongoing needs 13 Pillar 3. Assistance to countries and communities receiving refugees 14 Pillar 4. Durable solutions 16 Cross-cutting recommendations 16
STUDY ON HUMANITARIAN ACTION
UNHCR / Tito Herrera. Street art reflects the crime that ravages the city of San Pedro Sula, Honduras. In 2016, the city came second in the list of cities with the
highest homicide rate in the world.
Presentation of the study:
objectives and methodology
CONTEXT the General Assembly, which includes
and is based on the Comprehensive
This study is a product of Spain’s Refugee Response Framework (CRRF)
commitment to strengthening its and whose content has been enhanced by
collaboration with the Office of the United the practical experiences of applying the
Nations High Commissioner for Refugees CRRF in 14 countries and through two
(UNHCR) in order to address the issue regional approaches, one of which is the
of forced displacement as part of the Comprehensive Regional Protection and
development and implementation of the Solutions Framework (CRPSF) for Central
commitments adopted in the New York America and Mexico.
Declaration for Refugees and Migrants
in September 2016. On the basis of this The Spanish Agency for International
Declaration, UNHCR presented a proposal Development Cooperation (AECID)
for a Global Compact on Refugees to and UNHCR have collaborated for over
be included in its 2018 annual report to two decades in the region of Central
4SPANISH COOPERATION 2018
America (CA) and Mexico, under a as “LGBTI people”). In this area, and
Collaboration Framework Agreement through this project, the ultimate objective
entered into between the Kingdom of of the collaboration between AECID and
Spain and UNHCR in 2002. On this UNHCR is to improve the international
occasion, the collaboration between protection response received by LGBTI
AECID and UNHCR seeks to support people, through the formulation of
the implementation of the regional recommendations aimed at improving the
contribution of CA and Mexico to the CRPSF and informing the Global Compact
Global Compact on Refugees, and is on Refugees, paying particular attention
focused on the response regarding the to the opportunities and challenges
protection of people affected by violence surrounding the local integration of LGBTI
generated by gangs, drug traffickers people with international protection needs
and other actors in the region, which is in the region.
forcing many people to become displaced
within their own country, or to seek The object of this “Study on the Situation of
international protection in another LGBTI People with International Protection
country. This contribution is reflected in Needs in Northern Central America (NCA)
the commitments that the States of the and Mexico” is, therefore, to substantiate
region and other stakeholders are working these recommendations,
towards within the CRPSF, which has
informed the preparation of the Global • provide greater knowledge of the
Compact on Refugees. situation of LGBTI people from NCA
who flee to Guatemala and Mexico, and
UNHCR considers that the development the impact of the violence surrounding
of a regional comprehensive response the forced displacement of these
framework in CA and Mexico represents people;
an excellent opportunity to put into
practice the existing political commitments, • analyse the local integration responses
to identify progress, gaps and priorities, as to LGBTI people with international
well as to develop a comprehensive plan protection needs in two of the
for mobilizing resources and cooperation. countries that have joined the CRPSF,
namely, Mexico and Guatemala;
OBJECTIVES • specify regional and cross-border
aspects which may be of interest and of
One of the areas for improvement use for the CRPSF;
identified in the current CRPSF (as regards
the regional application of the CRRF in CA • present recommendations on policy
and Mexico), increasing the focus on groups and operations that could enable
in vulnerable situations, is the international the orientation and improvement of
protection of people with different the protection response in the local
sexual orientations and gender identities integration of LGBTI people in forced
(referred to hereinafter in this document displacement in the region.
THE SITUATION OF LGBTI PEOPLE WITH INTERNATIONAL PROTECTION NEEDS IN NORTHERN CENTRAL AMERICA 5STUDY ON HUMANITARIAN ACTION
METHODOLOGY protection needs, identifying points of
similarity and difference between the
The study is based on an extensive review conditions caused by displacement and
of the literature and on the analysis of which therefore affect asylum-seekers
the data collected during two periods of and refugees that are not LGBTI, those
qualitative empirical fieldwork, as well as deriving from discrimination against
in two end-of-project workshops in which LGBTI nationals and foreigners alike, and
the preliminary results of the analysis those affecting foreigners or people of
were discussed and compared. a specific national or ethnic origin. The
comparison groups also allow us to assess
The review of the literature primarily how international protection solutions
covered publications by international for LGBTI people can be incorporated
bodies and national and international into asylum policies and into national
organizations on the situation of refugees policies for combating discrimination
in NCA and Mexico and, in particular, that against LGBTI people. Of the 21 people
of LGBTI refugees or asylum-seekers. interviewed, 18 were LGBTI and three
were heterosexual and cisgender; of these
The empirical work was carried out same 21 people, 17 were categorized as
during February 2018 in Guatemala and persons-of-concern to UNHCR, and four
March 2018 in Mexico. The qualitative were nationals of the country without
work comprises interviews and international protection needs. The list
discussion groups with people from with the summary of each interview, and
the group being studied (21 people in the profile description of the people
20 interviews); interviews with NGOs, interviewed are included in Appendix 2.
government institutions and UNHCR
offices involved with the population being The empirical work was not restricted
studied (61); observations and visits at to the capitals of the countries studied,
hostels, deportation centres and sex and efforts were made to gather data that
work areas (14). As can be seen in the reflected the diverse protection needs of
tables in Appendix 1, the study group different geographical populations, paying
interviewed included certain individuals attention to the urban/rural variable
who were also in comparison groups and to the specific circumstances of
(Tables 1.a and 1.b). The comparison trans-border regions. In Guatemala the
groups are formed by people sharing interviews were held in Guatemala City,
one, but not all, of the characteristics Quetzaltenango, Tecún Umán and Petén; in
of the study group (whether because Mexico they were carried out in Tapachula,
they are heterosexual, cisgender people Mexico City, Saltillo and Guadalajara.
with international protection needs, or
because they are LGBTI people who are Following an initial stage focused on
nationals without international protection the systematization and analysis of the
needs). The purpose of the comparison data, two end-of-project workshops
groups is to highlight the interaction of were held to discuss and compare the
the different aspects that disadvantage results, on 7 and 9 May 2018, in Mexico
LGBTI people with international City and Antigua Guatemala, respectively.
6SPANISH COOPERATION 2018
The organizations and agencies that in which international bodies and civil
took part in the empirical work were society stakeholders can collaborate with
invited to the workshops, which were the State, while the latter continues to
participatory in nature. A written script hold ultimate responsibility for adopting
was delivered to facilitate the interaction and implementing policies that enable the
and the subsequent communication with right to seek and enjoy refugee status
the research team. The purpose of the to be effectively exercised, pursuant to
workshops was to share and compare Article 14 of the Universal Declaration of
the preliminary results of the analysis Human Rights (1948).
in a less individualized encounter than
the interviews, and to hold a preliminary In this regard, we have primarily examined
discussion on how to incorporate possible the response of the public authorities
recommendations into the CRPSF. (State/Federal or sub-State administration)
during the different stages into which
the right of asylum can be broken down:
ANALYTICAL FRAMEWORK reception, hosting and integration.
This study considers the right to asylum These three stages are delimited by two
as a human right. This means that the procedural moments: the submission of
human-rights based approach has been the application for asylum separates the
adopted1 to analyse the displacement of reception stage from the hosting stage,
asylum-seekers and refugees, as well as and the decision regarding the application
the response of the public authorities or ends the hosting stage and opens up
national and international civil society a number of alternatives. Traditionally,
as regards the displacement, hosting and voluntary return, resettlement and local
integration of these people. integration have been considered the
lasting solutions to which the refugee
It also means that asylum is understood population may have access, in addition
as a right established by a set of to other temporary or exceptional
international standards, both universal mechanisms. If the decision is negative
and regional in nature, which give rise and the appeal is rejected, the options are
to obligations for the States that ratify deportation or remaining in the territory
them. While acknowledging that the in an irregular situation.
displacement of large numbers of refugees
frequently constitutes a humanitarian The ultimate goal of the study is to
emergency, this report is primarily analyse the conditions for the local
focused on the development of a integration of LGBTI refugees (stage 3:
sustainable response and lasting solutions, local integration).
1. The human-rights based approach is a conceptual framework in which the plans, policies and processes for
cooperation and development are anchored in a system of rights and the corresponding obligations established by
international law. The human rights-based approach is linked not only to the content of rights and obligations but
also the procedure, through participatory processes, transparency and accountability. Office of the United Nations
High Commissioner for Human Rights. https://www.ohchr.org/Documents/Publications/FAQsp.pdf.
THE SITUATION OF LGBTI PEOPLE WITH INTERNATIONAL PROTECTION NEEDS IN NORTHERN CENTRAL AMERICA 7STUDY ON HUMANITARIAN ACTION
RECEPTION HOSTING LOCAL
INTEGRATION
However, as reflected by the subsequent integration, such as the
interconnecting arrows in the image creation of safe spaces, accompanying
above, we consider that the prior stages asylum-seekers throughout the process,
of reception and hosting, and—going back facilitating the issue of documents to
even further— the routes and means asylum-seekers, and supporting them in
of transport by which people flee their accessing employment and services.
places of origin, have long-term impacts
on people’s possibilities and capabilities Due to the generally provisional and
for integrating successfully in the society precarious status of asylum-seekers,
of the receiving country. Consequently, deliberate interventions aimed at local
we will address the integration of the integration are not usually specified
LGBTI population with international during the hosting period. Consequently,
protection needs as a dynamic and the third stage, that of “integration”,
cumulative process, in which protection usually requires the determination
mechanisms must be activated from the of refugee status or the granting of
outset to guarantee, in so far as possible, complementary protection following
a satisfactory result. a positive decision on the application
for refugee status or for subsidiary
In this sense, as regards the “reception” international protection.
stage, the study is focused on access
to the territory, identification of an Integration is one of the most
international protection need (including controversial and highly debated terms in
the identification of special and the social sciences and in public policy. In
differentiated needs), and information on this study, “integration” refers to public
and access to the system of international and private interventions (and the results
protection and humanitarian assistance. thereof) aimed at guaranteeing LGBTI
As regards the second stage— refugees full access and enjoyment of
“hosting”—the study highlights certain their rights, as well as to the mechanisms
fundamental aspects for facilitating of inclusion and participation intended
8SPANISH COOPERATION 2018
to prevent the marginalization or social, To improve our knowledge of the
economic and political exclusion of these difficulties surrounding the integration
people in the host society. Although of the refugee population, especially the
there are multiple areas and experiences integration of LGBTI people, monitoring
of integration, in this study we have during the third stage is needed to
prioritized the most common vectors of enable the comparison of indicators on
integration (employment, housing, health, integration levels in the medium and
education) as identified in the diagnostics long term.
we have carried out in recent years
through consultations with refugees and
asylum-seekers.
THE SITUATION OF LGBTI PEOPLE WITH INTERNATIONAL PROTECTION NEEDS IN NORTHERN CENTRAL AMERICA 9STUDY ON HUMANITARIAN ACTION
UNHCR / Sebastian Rich. LGBTI people flee from violence and persecution in Central America. A young man of 27 years has found refuge in southern Mexico, after
fleeing his home in Honduras.
Recommendations
Taking into account the ultimate purpose graph in Appendix 3, the CRPSF identifies
of this study, namely contributing to the a series of cross-cutting strategies and
implementation of the Global Compact, actions, which include the strengthening of
the recommendations will be structured protection systems for groups at risk, as is
in accordance with said purpose, following the case of LGBTI people.
the structure set forth in the CRPSF.
Not all of the pillars are equally relevant
The CRPSF national chapters have to the goals set forth in this study;
structured their priority strategies however, the study ultimately includes
and actions around four pillars: Pillar recommendations for all of the pillars,
1 Reception and admission; Pillar 2 insofar as they could be conducive to the
Immediate and ongoing needs; Pillar 3 integration of LGBTI refugees.
Assistance to countries and communities
receiving refugees; and Pillar 4 Durable Following the CRRF’s indications on
solutions. Moreover, as can be seen in the multi-stakeholder cooperation (item
10SPANISH COOPERATION 2018
2)2, the goals highlighted in the CRPSF concerned of their rights, and refer them to
also include bilateral cooperation— the competent authorities for assessment
especially south-south cooperation— of their cases. This, together with the
and international cooperation, the establishment of monitoring mechanisms
participation of regional and international for the competent authorities, would
organizations in multilateral proposals contribute to monitoring any practices
to support national plans, and the that discourage LGBTI people from
participation of relevant civil society seeking international protection or that
stakeholders operating in the framework push them to accepting “voluntary” return
of regional networks. For all these to their countries.
reasons, these recommendations, albeit
addressed primarily to States as the basic • international organizations and civil
implementers and guarantors of the right to society organizations have experience
asylum—highlight the areas of cooperation and best practices in general training
with civil society organizations working on the right to asylum and in more
both to assist migrants and refugees and to specialized training on recognizing
combat discrimination and violence suffered and responding appropriately and
by LGBTI people. Moreover, following the respectfully to LGBTI people.
CRPSF’s indications, the recommendations
in this study will be structured around the 1.2 Disseminate information on the
national, regional and cross-border spheres. right to asylum and on the procedure to
access the international protection system.
This must include specific information
PILLAR 1. RECEPTION AND on persecution on the grounds of sexual
ADMISSION orientation and gender identity, both in
written media (information published on
1.1 Establish a public, proactive and posters, on social media or in advertising
effective reception and admission campaigns) and in information given orally
policy. To build an effective international to potential asylum-seekers.
protection system it is essential to train
all the staff working for the State who • The dissemination of information
are in contact with migrants, refugees, would be more effective if it had a
persons in transit, or returnees. This transnational scope, covering the
training must pay particular attention to law international routes used by asylum-
enforcement staff, so that they may detect seekers, and if the States collaborated
cases of need for international protection by strengthening the work already being
(including the detection of said need done by civil society organizations
among LGBTI people), inform the persons and by international organizations.
2. The CRRF considers the contribution of a great many stakeholders in protecting asylum-seekers and refugees
to be relevant, including national and local authorities, international organizations, financial institutions, regional co-
operation organizations and mechanisms, civil society organizations, religious organizations, universities, companies,
the media, and refugees themselves.
THE SITUATION OF LGBTI PEOPLE WITH INTERNATIONAL PROTECTION NEEDS IN NORTHERN CENTRAL AMERICA 11STUDY ON HUMANITARIAN ACTION
• International organizations have equally important to have another
the specific commitment in this area strategy aimed at combating acts of
to promote forums for civil society extortion, aggression and violence
organizations from different States, as by staff and authorities. This strategy
well as to disseminate best practices at requires training on human rights,
the regional level among civil society the rights of LGBTI people, and
organizations from different States. raising awareness of xenophobia,
homophobia and transphobia. Also
1.3 Offering alternatives to detaining necessary are actions allowing
asylum-seekers is a priority strategy for reporting mechanisms and
in the CRPSF. In the case of the LGBTI access to justice, not only through
population, this commitment should criminal prosecution but also
be taken further and the principle of through inspection and monitoring
exceptionality should be applied to the mechanisms by competent authorities
use of detention, given the aggravated risk in the field of non-discrimination,
of acts of aggression and violence, including promoting the transformation
sexual violence, suffered by LGBTI people of xenophobic, homophobic
both by other detained migrants and and transphobic attitudes in law
by staff. Even in exceptional cases of enforcement and reducing impunity
detention, minimum security conditions for said attitudes and behaviours.
and effective access to procedures for
reporting acts of aggression and violence »» In this sphere, civil society
to the competent authorities should be organizations can receive claims
guaranteed. and complaints and collaborate
with the authorities (through
1.4 Make procedures for seeking asylum what are known as “shadow
more flexible, enabling asylum-seekers reports”, for example) to
to join the workforce, be relocated in the promote monitoring and control
event of danger (and not only after very mechanisms (actions to monitor
serious incidents have occurred), and access authorities carried out by public
medical treatment. institutions responsible for
defending human rights, in addition
1.5 Promote and guarantee security and to any legal recourse to which the
safe transit for asylum-seekers and for victims may be entitled).
those moving through a territory to seek
asylum in another country. • a transnational/cross-border
dimension entailing cooperation with
This recommendation has: relevant civil society stakeholders,
consisting in establishing cooperation
• a national dimension with regard mechanisms or protocols among
to the staff and equipment of law protection networks in the countries
enforcement services to address the along the migratory route and
violence of criminal groups. In the the authorities responsible for
case of the LGBTI population it is international protection in the
12SPANISH COOPERATION 2018
countries of origin, transit and PILLAR 2. IMMEDIATE AND
destination, in order to guarantee ONGOING NEEDS
accompanied transit for persons in
situations of extreme vulnerability 2.1 Establish a public policy for
to exploitation, trafficking and violence, reception and hosting. States must
such as LGBTI people. These would be create international protection systems
bi-cross-border cooperation protocols that go beyond processing applications
between States (border authorities), and providing documentation. Reception,
with possible accompaniment hosting and integration of refugees are part
by UNHCR and civil society of the right to asylum. States may seek the
organizations so that those persons collaboration of international organizations
needing international protection, in and civil society organizations to guarantee
vulnerable situations, and covered by a these material dimensions of the right to
protocol, may cross the border at the asylum, but they cannot neglect their duty
legally authorized crossing points and or delegate their responsibilities. States will
be directly referred to the authorities consider, with criteria of proportionality
responsible for processing asylum and on the basis of the available resources,
applications, thus avoiding the risks how to use the budget earmarked for
involved in clandestine crossings, and regulating migratory flows and allocate
detention. part of it to meeting the needs of migrants,
asylum-seekers, refugees and returnees,
1.6 Collect disaggregated data on both directly and by providing technical and
asylum applications on the grounds financial support for organizations working
of violence and discrimination against in this sphere.
LGBTI people. Data on persecution
on the grounds of sexual orientation or 2.2 Establish specific care models at
gender identity should be collected both centres for social assistance and specialized
when the application is submitted and care of child and adolescent asylum-
when the decision is issued. seekers and refugees, to guarantee the
fulfilment of the protection needs of LGBTI
1.7 Generate disaggregated statistics children and adolescents, in particular
/ include in statistics disaggregated transgender adolescents, and prevent their
data on reasons for persecution involving discrimination on the grounds of sexual
gender, sexual orientation and gender orientation or gender identity. Provide
identity, both in the applications and in the specific training on LGBTI children and
decisions regarding those applications. This adolescents to all persons working in
type of data would provide information contact with children and adolescents who
about how many applications of this are in transit, asylum-seekers, refugees or
type are submitted, their percentage returnees.
with regard to all applications, and their
variation over time. It would also make it 2.3 Establish safe and discrimination-free
possible to assess whether the rates of spaces. In the case of the LGBTI population,
admission, rejection or withdrawal are in a priority action for public policy and
line with applications in general. coordinated action with relevant actors in
THE SITUATION OF LGBTI PEOPLE WITH INTERNATIONAL PROTECTION NEEDS IN NORTHERN CENTRAL AMERICA 13STUDY ON HUMANITARIAN ACTION
the field of protection is the creation of prejudice and stereotypes and promote
safe and discrimination-free spaces. This an inclusive vision of healthcare. It also
recommendation does not only involve requires guaranteeing access by LGBTI
actions to adapt spaces, but, above all, to asylum-seekers and refugees to specific
train and raise awareness among all the centres and treatments that may exist in
staff and volunteers working at centres, on the country.
human rights, LGBTI people’s rights, and
combating homophobia and transphobia, • Civil society organizations fighting
as well as to establish zero-tolerance against the discrimination and social
policies with regard to homophobic or marginalization of LGBTI people
transphobic attitudes and behaviours of have experience and best practices in
other migrants hosted at the centres. training healthcare staff. Authorities can
Within the coordination of protection foster inter-sector panels or forums to
networks, another possible measure would facilitate knowledge sharing.
be to establish monitoring and feedback
protocols and mechanisms regarding
discrimination, including discrimination PILLAR 3. ASSISTANCE TO
micro-practices and violence, including COUNTRIES AND COMMUNITIES
symbolic violence, against LGBTI people in RECEIVING REFUGEES
these spaces, as well as spaces to share best
practices. 3.1 Strengthen the institutional response
and coordination among the different
• To the extent that the hosting of administrative systems’ areas and levels of
asylum-seekers is in the hands of civil authority involved in integrating refugees,
society organizations, creating safe and, to the extent possible, asylum-seekers,
and respectful places, and designing to prevent bureaucratic loopholes and
proactive antidiscrimination policies contradictions that may lead to protection
in shelter facilities, zero-tolerance gaps or make it impossible to exercise rights.
protocols, and monitoring and Even though this recommendation affects the
corrective mechanisms regarding entire refugee population, it must be taken
discrimination corresponds to those into account that the impact of a bureaucratic
that accept this responsibility, to the standstill preventing an LGBTI person from
networks of which they are part, and to accessing employment or medical treatment
the organizations supporting them. may mean that this person may lapse into
marginalization, which is more difficult to exit.
2.4 Guarantee access to healthcare,
including sexual and reproductive • Civil society organizations and
healthcare for LGBTI people who are international organizations providing
in transit, asylum-seekers or refugees assistance to or accompanying asylum-
beyond treatment of HIV or other seekers and refugees have first-hand
serious sexually transmitted infections. knowledge of the different standstill
This requires specific training on the situations that may lead to prejudice.
health and sexual health of LGBTI By fostering inter-sector panels or
people in healthcare centres, to eradicate forums, public authorities can facilitate
14SPANISH COOPERATION 2018
the monitoring and evaluation of 3.4 Support coordination with and among
international protection regulations and the relevant civil society stakeholders
their impact on the final beneficiaries. in the fight against discrimination of LGBTI
people, so that they may include the specific
3.2 Design and implement specific situations of refugees on their agendas,
policies and measures supporting non- and so that States can strengthen these
discriminatory and inclusive access to organizations through the allocation of
education/training, healthcare and housing financial resources, among other means.
for LGBTI refugees. Promote universal
access through the anti-discriminatory 3.5 Promote non-discriminatory and non-
interpretation of healthcare, housing and stereotypical access to the labour market,
education as human rights, and, as the through recognized vocational training
case may be, under the protection of the courses, and with measures for promotion
country’s constitutional texts and case-law. and access to opportunities, especially
Combating the discrimination suffered by measures aimed at offering opportunities to
LGBTI people in accessing resources for abandon survival sex work.
local integration (such as training, housing,
healthcare and employment) requires general • In this recommendation there
policies on equality and inclusion, as well are spaces for public-private
as mechanisms with concrete and specific collaboration among authorities (who
measures to promote opportunities, promote public policies by offering
support and accompaniment, to make it and recognizing qualifications, or by
possible to overcome both the effects of past implementing tax or administrative
discrimination and the existing prejudice and measures to support hiring people from
discrimination in the host society. underprivileged groups, etc.), employers’
organizations, and associations
• The design and implementation of specializing in sexual diversity.
anti-discrimination policies will have
greater potential for impact if they 3.6 Establish and support public-private
are based on participatory and collaboration programmes, with business
consultation procedures with civil associations that foster LGBTI-inclusive
society organizations involved in companies or with LGBTI employers’
defending the rights of LGBTI people, associations, so that they may include refugees
refugees, asylum-seekers and returnees, in their lists or activities, by creating and
or human rights in general. supporting forums, or through grants for
hiring programmes and initiatives, for example.
3.3 Ensure that LGBTI refugees have access
to and enjoyment of rights and policies • Civil society organizations assisting
against discrimination and violence, asylum-seekers, refugees and returnees
including sexual and gender based violence may also establish collaboration
(SGBV), as well as rights providing access programmes with this type of business
to legal changes and medical treatment for association, as well as with associations
transgender people. Utilize international specializing in sexual diversity that
interpretations of access to the right to could accompany and form part of local
health, from a human rights perspective. integration processes.
THE SITUATION OF LGBTI PEOPLE WITH INTERNATIONAL PROTECTION NEEDS IN NORTHERN CENTRAL AMERICA 15STUDY ON HUMANITARIAN ACTION
PILLAR 4. DURABLE SOLUTIONS CROSS-CUTTING
RECOMMENDATIONS
4.1 Strengthen inter-ministerial and
inter-institutional coordination to include 1. Ensure that data collection is
LGBTI asylum-seekers and refugees in respectful of the gender identity and
sector-based policies: children and youth, sexual orientation of asylum-seekers and
children and youth at risk of social exclusion, refugees, both in the processing of asylum
persons with disabilities, persons living with applications and in access to services and
AIDS or HIV, indigenous peoples, etc. the receipt and processing of complaints
and claims. The indiscriminate presence
4.2 Include and create promotion and of checkboxes on sexual orientation or
equal opportunity programmes for sexual identity in the documentation
LGBTI refugees, asylum-seekers and of procedures is discouraged. However,
returnees among public and private transgender people should always be
programmes for social or employment allowed to use their social name in
inclusion, programmes to promote communications with the authorities or
entrepreneurship, etc. with relevant stakeholders. Documents
issued to transgender refugees should be
4.3 Promote best practice codes in the issued with the name and gender marker
media to combat stereotypes and stigma with which they identify, provided that
associated with LGBTI migrants and the country’s laws so allow, without any
refugees, in particular with transwomen sex discrimination on the grounds of national
workers. origin (foreign).
4.4 Strengthen relocation programmes 2. Carry out periodic studies on the
in the host country in areas offering integration of LGBTI refugees, in
greater opportunities for decent, quality collaboration with the universities and
jobs, and lower rates of violence and research centres that provide a gap analysis
discrimination against LGBTI people. These and best practices and that may contribute
relocation programmes may be designed to improving integration policies.
to be activated prior to the finalization
of the asylum application procedure, when
it is considered that, for subjective or
environmental reasons, staying in the place
where the procedure is being conducted
constitutes a risk for the applicant’s safety
or future integration.
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