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Lifeline
The United Nations definition of a refugee is a person who "owing to well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it."
United Nations Handbook on Procedures and Criteria for Determining Refugee Status Under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees (Geneva 1979)
"Political asylum" is the generic term that covers asylum sought on the basis of nationality, race, religion, membership or participation in a particular social group, as well as for political opinions. Many countries have recognized lesbian, gay, and transgendered persons as a particular social group subject to persecution, and have therefore extended asylum to them. This site focuses on seeking asylum based on sexual orientation.
While it is established that many countries and regimes oppress and persecute sexual minorities, fleeing one's country is an individual solution and does not address directly the prevailing climate of homophobia and violation of human rights in that country. That task remains the duty of those who remain, whether by choice or necessity. It may call for covert or clandestine organization and mobilization of LGBT persons and their allies, and the slow but essential process of public education to increase tolerance and respect for basic human rights.
"That white people brought (homosexuality) here is a lot of nonsense, but our own black community believes that," said Linda Baumann, a lesbian in Windhoek, Namibia. "The only answer is education, and more of us speaking up for ourselves."
The battle for LGBT rights and acceptance falls to each one in their own country. International support and assistance can only do so much to create an awareness of hostile or unacceptable conditions in various parts of the world, and to bring pressure to bear on international organizations, legislatures, governments and NGOs, but the work on the ground by those affected is the foundation on which real freedom will be built.
The decision to seek asylum in another country should be the last resort, and is not a decision to be taken lightly as you will be leaving behind family and friends and everything you have known. On the other hand, it may be necessary to save your life. It gives new meaning to the saying that you have to lose your life in order to save it.
First Steps
Once you have made the decision, you need to begin documenting every instance of harrassment, persecution or violence directed at you because of your sexual orientation. Jot down dates, places, names, order of events, anything that will give substance to your claim. It's not likely that you have reported any incidents to the police or other authorities, but if you have, get copies of the reports. You have to establish a "well-founded fear of being persecuted" as a member of a "particular social group." Line up from now any trusted family members, friends, whomever, that would be willing to submit an affidavit on your behalf in support of your claim. Find out the specific requirements for asylum applications of the host country you have chosen.
Then ...
Upon arrival in the host country, (or within a year of arrival in the case of the US), you will submit an application on the prescribed form, along with your own testimony, supporting affidavits, and any documentary evidence, such as newspaper clippings, which establish the climate of oppression and persecution from which you are fleeing. Get an immigration lawyer or legal-aid services to represent you and guide you through the filing process. Applications are processed within a few months, or in some cases may be pending for many years. You may receive permission to accept paid employment in the interim, but until that is forthcoming, you will have to depend on your own resources or on NGOs that offer assistance to refugees.Country-specific information is found in the left column and resources are listed to the right.
Dangerous Living: Coming Out in the Developing World - Documentary
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