Abstract
Refugee resettlement is an exceptional tool to protect the world’s most vulnerable refugees who, despite having fled their country of origin and receiving recognition as a refugee in the country of asylum, are unable to live in safety or to access human rights. This chapter asks how the United Nations High Commissioner for Refugees (UNHCR) and states can provide protection to vulnerable lesbian, gay, bisexual, transgender, and intersex (LGBTI) refugees and argues that the global resettlement system is an essential tool for their protection. The chapter first discusses the protection needs of LGBTI refugees in their countries of asylum, with a focus on Syrian and Iraqi refugees in Jordan, Lebanon, and Turkey, including ongoing fear of persecution in the country of asylum, lack of state protection, and lack of familial or social support. Second, it examines refugee resettlement as a protection tool offering LGBTI refugees access to protection and human rights. The chapter then narrates the process of refugee resettlement through the United Nations and resettlement states, addresses the limitations that prevent the global resettlement system from protecting more LGBTI refugees, and provides recommendations to UNHCR and governments to improve resettlement as a protection tool.
Access this chapter
Tax calculation will be finalised at checkout
Purchases are for personal use only
Notes
- 1.
For further information on Turkey’s temporary protection regime, including the rights and duties of Syrian refugees in Turkey, see www.goc.gov.tr/files/_dokuman28.pdf.
- 2.
UNHCR does not track LGBTI status of refugees or other beneficiaries.
References
Al Sharifi, E. (2016, October 19). A new start in Luxembourg: When you are a refugee and gay. Wort. Retrieved August 15, 2017, from https://www.wort.lu/en/luxembourg/a-new-start-in-luxembourg-when-you-are-a-refugee-and-gay-58071d7f5061e01abe83a95e
Convention relating to the Status of Refugees. (1951).
Cuthbert, O. (2017, August 11). Jordan activists targeted after MP says gay people unwelcome. Middle East Eye. Retrieved October 18, 2017, from http://www.middleeasteye.net/news/debate-renewed-around-lgbt-rights-jordan-mb-mp-says-homosexuality-unwelcome-2128400833
Douglas, M., Levitan, R., & Kiama, L. W. (2017). Expanding the role of NGOs in resettlement. Forced Migration Review, 54, 34–37.
Fisher, B. (2013). The case for procedural safeguards in the U.S. Refugee Admissions Program. Michigan Journal of Gender & Law, 20(2), 239–258.
Fisher, B. (2017). The importance of legal counsel. Forced Migration Review, 54, 29–30.
Gruberg, S. (2017). LGBT refugees’ lives depend on the U.S. Resettlement Program. Washington, D.C.: Center for American Progress. Retrieved September 15, 2017, from https://www.americanprogress.org/issues/lgbt/news/2017/01/30/297557/lgbt-refugees-lives-depend-on-the-u-s-resettlement-program/
Harvard Immigration and Refugee Clinical Program. (2017). Fulfilling U.S. commitment to refugee resettlement: Protecting refugees, preserving national security & building the U.S. economy through refugee admissions. Retrieved August 15, 2017, from https://harvardimmigrationclinic.files.wordpress.com/2017/06/syria-final-draft-v9.pdf
Heartland Alliance. (2012). Rainbow welcome initiative: An assessment and recommendations report on LGBT refugee resettlement in the United States. Retrieved August 15, 2017, from http://rainbowwelcome.org/uploads/pdfs/ORR%20Report%20MASTER%20COPY_01.2012.pdf
Heartland Alliance. (2014). “No place for people like you”: An analysis of the needs, vulnerabilities, and experiences of LGBT Syrian refugees in Lebanon. Retrieved August 15, 2017, from https://www.heartlandalliance.org/wp-content/uploads/sites/13/2016/02/no-place-for-people-like-you_hai_2014.pdf
Helsinki Citizen’s Assembly & Organization for Refuge, Asylum, and Migration. (2011). Unsafe havens: The security challenges facing lesbian, gay, bisexual and transgender asylum seekers and refugees in Turkey. Retrieved August 1, 2017, from http://oramrefugee.org/wp-content/uploads/2016/04/oram-unsafe-haven-2011-web.pdf
HIAS. (2014). Triple jeopardy: Protecting at-risk refugee survivors of sexual and gender-based violence older, disabled, male survivors and sexual minority refugees in Chad, Kenya, South Africa and Uganda. Retrieved August 1, 2017, from https://www.hias.org/sites/default/files/hias_-_triple_jeopardy_-_full_report.pdf
Human Rights Campaign. (2016). Helping LGBTQ refugees and asylum seekers in the age of ISIL. Retrieved August 1, 2017, from http://assets.hrc.org//files/documents/LGBTQRefugees-WhitePaper.pdf
Human Rights Campaign. (2017). Violence against the transgender community in 2017. Retrieved October 10, 2017, from https://www.hrc.org/resources/violence-against-the-transgender-community-in-2017
Human Rights First. (2010). Persistent needs and gaps: The protection of lesbian, gay, bisexual, transgender and intersex (LGBTI) refugees: An overview of UNHCR’s response to LGBTI refugees and recommendations to enhance protection. Retrieved August 15, 2017, from https://www.humanrightsfirst.org/resource/persistent-needs-and-gaps-protection-lgbti-refugees
International Refugee Assistance Project. (2015). Report to supporters. Retrieved September 15, 2017, from https://refugeerights.org/wp-content/uploads/2016/04/IRAP-Report-to-Supporters.pdf
Jacob Wirtschafter, J. (2016, August 30). In much of the Middle East, it’s getting more dangerous to be gay. PRI. Retrieved August 15, 2017, from https://www.pri.org/stories/2016-08-30/much-middle-east-its-getting-more-dangerous-be-gay
Kagan, M. (2003). Is truth in the eye of the beholder? Objective credibility assessment in refugee status determination. Georgetown Immigration Law Journal, 17, 367–415.
Kingsley, P., & Shoumali, K. (2017, July 1). For abused, gay Iraqi in Turkey, U.S. refugee freeze is cruelest hit. New York Times. Retrieved September 15, 2017, from https://www.nytimes.com/2017/07/01/world/europe/turkey-iraq-refugee.html
Laughland, O. (2017, September 27). Donald Trump caps refugee admissions in 2018 to historic low. Retrieved September 27, 2017, from https://www.theguardian.com/us-news/2017/sep/27/donald-trump-caps-refugee-admissions-2018-historic-low
Organization for Refuge, Asylum, and Migration. (2017). Publications. Retrieved August 30, 2017, from www.oramrefugee.org/publications
Pachelli, N. (2017, July 11). The lonely, heroic work of a gay Libyan refugee living in America. Slate. Retrieved September 15, 2017, from http://www.slate.com/blogs/outward/2017/07/11/a_gay_libyan_refugee_in_america_helps_lgbtq_libyans.html
Refugee Rights Turkey. Introduction to the asylum context in Turkey. Retrieved October 18, 2017, from http://www.asylumineurope.org/reports/country/turkey/introduction-asylum-context-turkey
Refugee Solidarity Network. Refugees and asylum in Turkey. Retrieved October 18, 2017, from https://www.refugeesolidaritynetwork.org/about-refugees-in-turkey/
Republic of Turkey, Minister of Interior, Directorate General of Migration Management. (2013). Law on foreigners and international protection. Retrieved October 5, 2017, from http://www.goc.gov.tr/files/files/eng_minikanun_5_son.pdf
UN High Commissioner for Human Rights. (2015). Discrimination and violence against individuals based on their sexual orientation and gender identity. A/HRC/29/23.
UNHCR. (2005). Handouts on refugee protection. Retrieved September 15, 2017, from http://www.unhcr.org/4371d8362.pdf
UNHCR. (2011a). Working with lesbian, gay, bisexual, transgender & intersex persons in forced displacement. Retrieved September 15, 2017, from http://www.refworld.org/pdfid/4e6073972.pdf/
UNHCR. (2011b). Resettlement handbook. Retrieved September 1, 2017, from www.unhcr.org/46f7c0ee2.pdf
UNHCR. (2012). Guidelines on international protection no. 9: Claims to refugee status based on sexual orientation and/or gender identity within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees. Retrieved September 1, 2017, from http://www.unhcr.org/509136ca9.pdf
UNHCR. (2015). States Parties to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol. Retrieved October 8, 2017, from http://www.unhcr.org/uk/3b73b0d63.pdf
UNHCR. (2016). Executive Committee of the High Commissioner’s programme: Refugee status determination. EC/67/SC/CRP.12. Retrieved September 1, 2017, from http://www.refworld.org/pdfid/57c83a724.pdf
UNHCR. (2017a). Projected global resettlement needs 2018. Retrieved August 1, 2017, from http://www.unhcr.org/en-us/protection/resettlement/593a88f27/unhcr-projected-global-resettlement-needs-2018.html
UNHCR. (2017b). UNHCR’s strategic directions, 2017–2021. Retrieved August 1, 2017, from http://www.unhcr.org/5894558d4.pdf
United States Department of State. (2016). Proposed refugee admissions for Fiscal Year 2017. Retrieved August 1, 2017, from https://www.state.gov/documents/organization/262168.pdf
Women’s Refugee Commission. (2016). Mean streets: Identifying and responding to urban refugees’ risks of gender-based violence LGBTI refugees. Retrieved August 15, 2017, from https://www.womensrefugeecommission.org/gbv/resources/1272-mean-streets
Author information
Authors and Affiliations
Corresponding author
Editor information
Editors and Affiliations
Rights and permissions
Copyright information
© 2019 Springer Nature Switzerland AG
About this chapter
Cite this chapter
Fisher, B.L. (2019). Refugee Resettlement: A Protection Tool for LGBTI Refugees. In: Güler, A., Shevtsova, M., Venturi, D. (eds) LGBTI Asylum Seekers and Refugees from a Legal and Political Perspective. Springer, Cham. https://doi.org/10.1007/978-3-319-91905-8_14
Download citation
DOI: https://doi.org/10.1007/978-3-319-91905-8_14
Published:
Publisher Name: Springer, Cham
Print ISBN: 978-3-319-91904-1
Online ISBN: 978-3-319-91905-8
eBook Packages: Law and CriminologyLaw and Criminology (R0)