Stories – from other sites

Ratanak Rin (Cambodia)

Posted on March 22, 2010. Filed under: Stories - from other sites | Tags: , , |

I was born in Cambodia in 1993 and my parent left me when I was 3 years old and my grandma and aunts took care of me for 11 years back in Cambodia. I like living with them and I always knew that I am different, because I only hangout with girls since I was very little, my bestest friend ever was a girl and she is 2 years older than me and she always love me for whatever I do and for whoever I am. Her name is Sokun.

I saw one of my baby picture and I was wearing a skirt while on a swing. I always knew that I am gay, because I always like boys and their private part. Life wasn’t that hard for me back then since I was only a kid.

In July 2004 I came to the united state without knowing much about it. I was new, I went to Canyon middle school and everyone was making fun of me bully me for many reasons. I cannot speak English or understand anything at all back then, but peoples keep talking to me and I never reply back. I choose not to say anything at all, especially, if it is in English.

Many years went by and it’s 6 years late, I have not talk at school at all, but I do talk at home since I am good with my language and comfortable with it. It’s not because I am afraid that I sound girly or anything, I just don’t want to be dumb and say English words wrong so I never really speak to anyone.

I am openly gay at the age of 15 in my Junior year in Mclane High school, located in Fresno. I wear makeup, I wear skinnies, and I look just like a gay boy. No one in the school is as gay as me by the look, but I have a friend who name is Ernesto Rojas, he make me come out and he is my hero. He make me happy when I’m sad and he always teach me that I should never let anyone put me down for whatever reasons and that I should stand up for myself no matter what and I did starting from that day on.

I am a new person, an openly express person who never let anyone put me down nomore, no matter whatever reasons. I am unique and I was born with a reason of originality and to be able to express myself in many ways, I call that the Rainbow! I am openly gay to everyone except my own family I live with, they won’t let me grow my hair, they won’t let me do anything, but I still sneak and do it when I am at school and I was able to express myself as much as I can to the world.

I haven’t really told my family yet, because I don’t think they will approve and I”m only 16. Right now they’re already torturing me with this and that and ask if I’m a boy or a girl and they even threadten to cut my private part off. If they’re going to do that they should just take me to the specialist and give me boob and vagina. But I don’t really care, I’m fine with who I am as a boy and gay, either way it’s me.

At school I have many gay, lesbian, and bi friends. My school are full of Gay peoples so I’m pretty much happy with my surrounding. Noone really make fun of me anymore because I was able to stand out and be in the center of everyone attention, I am proud of myself and I love everyone no matter who they’re.

I especially love all my friends, they’re everything to me, always tehre by my side and support me through all kind of sad situation. They’re so caring, I’m glad my world is not that bad, but at home I have to do all this and that, cleaning while my brother play games and such and he is like taller than I am and such. I am being judge at home. It’s hurt to be home than to be openly gay outside! Just so you know, they need to understand and learn more about gay peoples so that they know what we’re going through. Many asian peoples have no ideas what Gay mean and how many different type of gays are in this world and that every gay person are not the same and such.

I like it in the USA because many peoples know and understand the life of gay peoples and they’re willing to accept us for who we are. We’re unique and we’re born to be different, so don’t ever let anyone put you down. Just wait until you get to 18, you will be able to move out on your own and be your own person. I am currently 16 but I understand pretty much anything about Gay peoples, I watch, I join meeting, I join group, activities, I watch videos all about being gay. I know it’s hard but you have to live with it, because it’s you, you can’t change who you’re and try to be a different person.

Just be yourself, be unique, let others say this and that about you, and if they’re being really mean to you, you should go to them and let them know and understand about us instead of hiding yourself and do nothing. Let them know that you’re different from what they’re thinking and that you’re as nice as can be. Express yourself to the world! Don’t be sad, there are many of us out here and we know what you have to go through!…I am here to represent all of us Cambodia!!!

This story is located at:  http://ilga.org/ilga/en/countries/WORLD/Your%20Stories

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Gays and Lesbians in Belarus want to leave

Posted on March 13, 2010. Filed under: Stories - from other sites | Tags: , , , , |

More than a half of gays and lesbians in Belarus want to leave their country

About a half of visitors of Gay.by who were participating in the survey on the topic «Have you ever thought of leaving Belarus because of homophobia?» have answered yes. Moreover a fifth of participants are ready to do so at the first opportunity. In all there were 408 people who took part in the survey.

If to compare this result with the all-Belarus research on the wish to leave the country conducted by the Sociometrical Laboratory “NOVAK” the situation with gay minorities greatly differs from all the immigration wishers.

According to the “NOVAK” research about 40% of youth and unemployed wish to leave Belarus (taking all the population this index is twice lower). 14,7% of unemployed found it difficult to answer if they wished to leave the country . This means that leaving Belarus could be a possible variant for them . And 12,5% simply don’t have money for immigration.

If we take gay and lesbian community and the wish the leave the country because of homophobia we will see the following situation:

56% want to leave the country (21% of them will do at the first possibility)

9% have already left the country

26% won’t leave the country, and 9% consider that there is no homophobia in Belarus .

If we make a rough calculation we can see that 65% want or have already left the country and 35% don’t want to leave.

The main reason why the representatives of gay and lesbian community want to leave the country is the social disapproval of homosexual relations, violence against gays and lesbians, the absence of social defense, law basis, civilized recreation sector, and also the fear of losing the job if the fact of being a homosexual will be revealed to the authorities. 56% of gays and lesbians face the facts of homophobia at work while 13% of them face it regularly.

The main destinations that are chosen by Belarusians for leaving are the USA and the countries of Western Europe .

 This story is located at: http://ilga.org/ilga/en/countries/WORLD/Your%20Stories

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Arsham Parsi: Currently in Canada writing about Iran

Posted on March 7, 2010. Filed under: Stories - from other sites | Tags: , , , , , , |

My name is Arsham Parsi and I am the founder and Executive Director of Iranian Railroad for Queer Refugees. IRQR is an international queer human rights organization based in Canada. We help Iranian gay, lesbian, bisexual and transgendered refugees all over the world. We help when Iranian queers are threatened with deportation back to Iran. We also assist Iranian queers in obtaining asylum in friendly countries. IRQR helps these refugees through the process and, whenever possible, provides funds for safe houses through donations, because most of queer people are not physically safe in their transit country either.

Today, IRQR is the only active NGO that works on behalf of the Iranian queer (Lesbian, Gay, Bisexual and Transgender) population around the world. It documents human rights violations, Iranian queer persecution on the basis of their sexual orientation, provides letters of support for Iranian queer asylum seekers and refugees, and supports anti-homophobia/anti-persecution efforts. Its documentation is widely respected for its accuracy and credibility.

Also, I am co-ordinator and cultural ambassador for the Stockholm-based International Lesbian and Gay Cultural Network (ILGCN), official member of the Brussels-based International Lesbian and Gay Association (ILGA), the Toronto-based Rainbow Railroad group, and the Berlin-based Advisory Committee of the Hirschfeld-Eddy Foundation for LGBT Human Rights. In April, IRanian Queer Organization (IRQO), which was our former organization, was awarded Felipa De Souza Human Rights Award in2008 by the New York-based International Gay and Lesbian Human Rights Commission (IGLHRC). In June, I was recognized the Toronto Pride Award for Excellence in Human Rights.

I was born on 20 September, 1980, in Shiraz, Iran. After completing my basic education, I wanted to continue studying veterinary medicine at university; however, financial pressures forced me to stop my studies. While living in Shiraz and after coming to terms with my sexual identity, I began to do what I could, in a careful, discrete way, to help other gay people. Part of this work consisted of helping a doctor and doing research for a study on HIV among local gay and bisexual men. My advocacy work earned me the attention of the Iranian authorities, and I was forced to flee Iran on March 5, 2005, due to well-known fear of persecution for being gay. My train took me first to Turkey, where I was able to register as a refugee at the office of the United Nations High Commissioner for Refugees in Ankara. I was one of the fortunate few whose case was actually accepted by the Commissioner. Three months after arriving in Turkey my case was accepted, and two months later I was invited to the Canadian Embassy in Ankara. Eight months later, I arrived in Canada.
I began secretly working for the advancement of civil rights for lesbians and gays in 2001. In 2003, I helped organize a clandestine Yahoo chat group for gay Iranians. We called it Voice Celebration. In total there were 50 participants, making contact with each other and exchanging views on how best to achieve civil rights. What was most striking about these exchanges is that while people were emailing contact information, they were typing under false names, and nobody dared to actually speak out in public under their real names. We all feared arrest, torture and even execution if we were discovered. I am still amazed that, less than three years later, I was asked to speak publicly in Geneva, Switzerland, at the second session of United Nations Human Rights Council, and on the fourth anniversary all international media published articles about Iranian queers.

Though now living safely in a safe country, I still consider myself Iranian and never forget that I am in exile due to my sexual orientation. I consider this a big responsibility. I want to return to a democratic, open Iran, and am working actively to make that dream a reality. As I passed the border out of Iran, I promised myself and my country that I would one day return to a free, open country and until that time would work to achieve that goal. I consider the work I am doing today, as part of IRQR, to be an investment in a brighter tomorrow for all Iranians.

In August 2008, I travelled to Turkey to meet with Iranian LGBT refugees and plead their case with the office of the United Nations High Commissioner for Human Rights located there. As a result of that trip, I concluded that a new organization dedicated exclusively to helping sexual dissidents flee persecution in Iran was necessary. The Underground Railroad was an informal network of secret routes and safe houses used by 19th century black slaves in the United States to escape to free states and mainly to Canada with the aid of abolitionists who were sympathetic to their cause. In Canada, they had their freedom. In the past few years, one of our major activities was with asylum seekers who must escape Iran due to their sexual orientation, and we will continue this work under the Iranian Railroad for Queer Refugees (IRQR). We are working to create a simple structure and focus upon supporting Iranian queers to be safe on their journey and to arrive in a new country to live and be free.

I and my organization are now in contact with about 200 queer Iranian refugees currently in limbo and seeking permanent asylum. Many of them are in Turkey, which shares a lengthy border with Iran and where cultural and political homophobia is rampant, while the rest are scattered throughout Europe, including in the Netherlands, Sweden, Germany, Switzerland, and Norway. Many of them are in the United Kingdom, which has been extremely reluctant to grant permanent asylum to queer Iranian refugees, and where in the last several years two Iranians (Hussein Nasseri and Israfil Shiri) have committed suicide after receiving deportation orders back to certain torture and possible death in Iran. But there are many, many more queer refugees from Iran who haven’t yet been in contact with us and who also desperately need help.

One of our goals with the Iranian Queer Organization was to increase the level of awareness about the Iranian queer situation and the horrible persecution that goes on daily in Iran, and to provide a steady stream of information about homosexuality and the transgendered via the Internet into Iran, and I think we’ve had great success in doing that. But after several years of working with PGLO and IRQO, I had a lot more experience, and it was clear to me we needed a new organization with fresh blood and a structure dedicated solely to helping queer refugees, to help them flee Iran, to support them while they are still in transit countries like Turkey, to assist them in finding their way through the harrowing bureaucratic maze they face in order to gain asylum, and to help them get settled and cope with setting up a new life in gay-friendly countries.

Since being granted asylum in Canada, I have been able to make several international trips to help queer refugees and have built a relationship with other international organizations. I’m so happy I’ve been able to build a strong relationship with the UNHCR, which is now aware of the Iranian queer situation, and of our organization, and on each of my trips I’ve been able to secure international refugee protection status for more and more Iranian queer asylum seekers.

I spent many hours listening to Iranian queers’ stories that I am so concerned about their situation and future. My dedication to these refugees is fuelled by my own experience as an exile in Turkey. It was the hardest experience in my life to suddenly find myself in an unexpected situation in a hostile country without money, with no personal safety or security for 13 months. I cannot forget the day in Turkey when I was walking with Amir, another gay refugee who had been tortured and flogged in Iran. We were chased in the street by a homophobic crowd, which beat us hard and tried to kill us. Nobody helped. There were no police who came to our assistance and people were just standing around watching as we were beaten simply for being gay refugees in their country. I’ll never forget my refugee life in Turkey, and that’s why I’ve decided to dedicate myself exclusively to making queer refugees’ process as short as possible and to help them get to freedom in gay-friendly countries.

Martin Luther King, in one of his historic speeches in 1963, said “I have a dream”. On the 17th of May, the International Day against Homophobia, in Chicago, I, Arsham Parsi, a queer activist who must live in exile said “I have a dream, too.” My dream is that one day the rights of all queers will be recognized and respected. That one day no one will be executed, tortured, arrested, imprisoned, isolated by society or disowned by their family and community for being queer, a day when our sexual orientation will not deprive us of our rights. That is my wish for me for all those who can not speak for themselves. Although they have not chosen me as their voice, I declare this dream of mine, and I will repeat it and I’ll hope to one day achieve this dream of mine.

 This story is located at: http://ilga.org/ilga/en/countries/WORLD/Your%20Stories

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Anonymous: From the Netherlands about Ethiopia

Posted on March 7, 2010. Filed under: Stories - from other sites |

The other face of Ethiopia

Like other oppressive homophobic governments & society homosexuality remains illegal & totally taboo in Ethiopia. Ethiopia’s government took a strong move to ban same-sex relationship even between consensual same sex adult in the criminal & penal code of the country chapter 600/601 from 5-10 years hard imprisonment. Any acts of showing this behavior will end in imprisonment with sever corporal punishment & torture. This in turn violate Ethiopia’s own Constitution and the analogous provisions of the African Charter on Human and Peoples’ Rights (i.e. articles 2, 3, 11, and 28) and the International Covenant on Civil and Political Rights (ICCPR) (i.e. articles 2, 18, 19, 21, 22, and 26).The legislators called homosexuality an affront to Christianity and Islam. Since, this sexual orientation does not conform to the legendary tale & primitive ideology of ultraconservative society; gays & lesbians of Ethiopia prefer to live hidden behind the curtains with lack of confidence & constant fear. Ethiopia has an ever growing gay & lesbian’s population from time to time; the society thinks homosexuality as a western influence (foreign import) & inexcusable sin.

Therefore, gays & lesbians of Ethiopia are suffering a lot from the government’s hostility. Stigma, violence, discrimination, hatred, disrespect, intimidation, abuse, harassment, negative attitude, economic deprivation social injustice, kangaroo court trial, extra-judicial killing & even worse murder. The refusal of the Ethiopian governments to address violence committed against LGBT people creates a culture of impunity where such abuses can continue and escalate unmitigated. Often, such abuses are committed by the state authorities themselves, with legal sanction. Human rights abuses based on sexual orientation in Ethiopia violates the fundamental tenets of international human rights law which is signed & ratified by the Ethiopian government; the infliction of torture and cruel inhuman and degrading treatment (Article 5); arbitrary detention on grounds of identity or beliefs (Article 9); the restriction of freedom of association (Article 20) and the denial of the basic rights of due process of law. The Ethiopian government has an obligation to promote and protect the human rights of its population without distinction of any kind, including sexual orientation or gender identity. As a member of the UN Human Rights Council, Ethiopia is required to uphold the highest standards in the promotion and protection of human rights of all people regardless of their sexual orientation.

In Ethiopia, if some one is discovered or even suspected to be gay, no one will shake his hand; they want you to be burned in the ever-lasting flame. Many gays & lesbians of Ethiopia have committed suicide & flee out of their country in response to this & they still fear for their lives back in Ethiopia. The Ethiopian gays, lesbians, bisexual & transgender community based human right organization is established in 2007 on the aim of engaging in the areas of advocacy, relief & development for the sexual minorities of Ethiopian & Ethiopian origin, demanding & safeguarding sexual freedom in Ethiopia.We are working hard & tirelessly for the acknowledgment by the Ethiopian government & the international human rights community but the reaction of the Ethiopian government was discouraging & they told us to emigrate only for our difference in sexual orientation. As a steering committee of organization we are responsible for generating a peaceful storm of publicity about Ethiopian gays, lesbians, bisexual & Trans gender peoples sexual freedom all over Ethiopia but no way to accomplish this because the government is putting obstacles not to give press conference, no gay summit pride parade; we are surrounded by the government security forces in every step we make. We face on our day to day life a massive arrest, corporal punishment,detention,torture,forced disappearances, structural economic deprivation,inhman/degrading punishment, extra judicial killings,& other forms of government sponsored human right abuses on Ethiopian sexual community members who live in Addis especially on selectively targeted HR activists. Particularly these form of HR abuse are practiced commonly by the law enforcement officers & if the abuse is in prison it is also assisted by other inmate prisoners. We will send you if you need extra detailed information we can send you the state very inhuman & rampant human right abuse report.

We strongly believe that we don’t have to get a majority of the population on our side to enjoy our basic human rights; a civil right does not depend on a majority approval to be exercised. Recently, we have started some grass root activities for the acknowledgment, understanding, & legalization of sexual freedom of gay & lesbians in Ethiopia. ESMCBO urgently need the helping hand of all International human right actors to work with us in partnership/collaboration of any means to achieve the planned projects of Ethiopian LGBT community to bring the desired human right & social justice for those who are victimized, traumatized, oppressed & stigmatized. We are also lobbying UN higher commission on human right & UN Human Rights Council to influence the Ethiopian government to abide by the Article 16, Universal Declaration of Human Rights (UDHR) which stipulates;
     1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
     2. Ensure that all allegations and reports of human rights violations based on sexual orientation or gender identity are promptly and impartially investigated and perpetrators held accountable and brought to justice;
     3 Take all necessary legislative, administrative and other measures to prohibit and eliminate prejudicial treatment on the basis of sexual orientation or gender identity at every stage of the administration of justice;
     4. Ensure adequate protection of human rights defenders at risk because of their work on human rights and sexual orientation and gender identity. We urgently need the recognition & assistance of all international human right actors to change the current unacceptable & oppressive situation in Ethiopia.
email them: esma2007@activist.com
Visit their web: www.esma2007.webs.com

This story is listed at: http://ilga.org/ilga/en/countries/WORLD/Your%20Stories

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SB (anonymous) – Asylum from Uganda to UK

Posted on February 25, 2010. Filed under: Stories - from other sites |

Ugandan lesbian wins UK asylum court case, will government still try to deport?
By Paul Canning

A Ugandan lesbian, known at this stage only as ‘SB’, has won an asylum court case in the High Court against Home Office arguments that she could safely be deported.

The 24 February case before Mr Justice Hickinbottom, which will now go to judicial review, featured strong evidence of the persecution of lesbians in Uganda. The government’s defence highlights how the UK asylum system will make every effort including breaking and twisting both rules and evidence to deport lesbians and gays.

It remains to be seen whether the Home Secretary, Alan Johnson, will continue to insist that it is safe to return her to Uganda.

Fleeing from Uganda
SB had been briefly detained by police for her lesbianism in September 2003 in Mukono, just west of Kampala (which has ties to Guildford), and again in Kampala in May 2004. Released, she was put on bail but because she had not complied with their reporting conditions she was put on a ‘wanted list’.

That November she traveled on a visitor visa to the UK. She overstayed the visa and was discovered during an immigration sweep. Found to have a false Ugandan passport she was arrested and sentenced to 12 months’ imprisonment.

Many LGBT asylum seekers do not immediately claim asylum for a variety of reasons, including shame or simply a lack of awareness that they can claim asylum. False papers are often used to escape oppression but lead to criminal charges.

In June 2008, SB claimed asylum. This was refused point blank by the Home Office: they did not believe either that she was a lesbian or that she had been detained by police.

She appealed before an immigration judge in March 2009 but asylum was again refused on the basis that “there was no evidence that she was at risk of ill-treatment of such severity [once deported] as to amount to persecution.”

That judge agreed with the Home Office’s case that there was only ever one case of persecution of lesbians in Uganda, which had involved the high profile chair of a gay group. Because, the judge said, SB was “a very discreet person, and had conducted her sexual relationships discreetly in the past – and would continue to” she could be safely deported.

However the judge did accept the fact that she was a lesbian, that she had been detained by the police and ran the risk of being detained again.

She filed another appeal in July 2009 but on 2 November a caseworker issued an order to seize, detain and then deport her.

On 5 November further representations were made which included far more detailed and up-to-date evidence on the position of lesbians and gays in Uganda. But these were again rejected out of hand by the Home Office who plowed on with their drive for deportation.

Justice Hickinbottom described this decision as “irrational”.

The evidence
The evidence Hickinbottom had before him came from Dr Michael Jennings of The School of Oriental and African Studies, University of London, Paul Dillane from Amnesty International UK, who works with the AI Office in Kampala, and Dr Chris Dolan, Director of the Refugee Law Project in Uganda, a community project of the Faculty of Law, Makere University.

Dolan provided over 350 pages of recent background material, including work on the treatment of returnees, particularly at (Kampala’s) Entebbe Airport.

This showed that there is a check on failed asylum seeker returnees by Ugandan police and that, given the current hostile attitude towards homosexuality, it would be more difficult for SB to bribe her way out of detention (as John Bosco, who was returned by the Home Office, was forced to do), and it’s likely that any bribe would be for a considerable sum.

Amnesty International said that her history of arrest and detention would mean she would be “at real risk of harm should she be forcibly returned.” Evidence presented of the abuse suffered by lesbians in Ugandan police detention ran the gamut from touching of intimate parts to the threat of being put into a male cell with the consequent risk of rape.

Prossy Kazzoza, who finally won UK asylum in 2008, was marched naked to a Ugandan police station and subjected to horrific sexual attacks and physical torture after she was discovered by her family. She escaped to the UK after her family bribed the guards to release her — as they wanted to deal with their family shame by having Prossy killed.

The original immigration judge for Prossy’s case believed her claim to having been raped and tortured but felt it would be safe to return her to a different part of Uganda.

The evidence Hickinbottom had showed that identified gay men and lesbians can be the subject of ill-treatment, by both the public in terms of lynching and ‘corrective rape’ and by the police — without them being otherwise ‘high profile’. (Thus arguing against the Home Office claims that only one lesbian who was a group leader has ever been persecuted in Uganda).

Because SB is unmarried and without children, the evidence showed, it would – apart from the police attentions – be extremely difficult for her to maintain the sort of ‘discretion’ which Home Office policy dictates should allow for ‘safe’ deportation for lesbians and gays even to countries where persecution is known to occur (for example Iran).

Wrote Hickinbottom:
Given this evidence – much of which post-dates the determination of Immigration Judge Grimmett last year – it is perhaps surprising that the Secretary of State took the view that this material, taken with the material the Claimant previously relied upon, was not such as to give the Claimant any chance at all of succeeding with her new asylum claim before a tribunal.

Never mind the evidence
All of this was blithely dismissed by the Home Office representative who wanted deportation because he continued to claim that evidence “lacked specific examples of ill-treatment of identified gay men and lesbians in Uganda”. Home Office minister Alan Johnston’s representative claimed:
• that the ill-treatment of gay men in Uganda was limited to discriminatory legislation that was not enforced
• SB would only be at risk of arrest in Kampala because the record of her bail infringement was only kept there (evidence showed otherwise, Ugandan police do share the ‘wanted list’)
• she could internally relocate and live discreetly, as a lesbian, without fear of persecution
• even if arrested in Kampala, she would not face the risk of persecution because the harassment she suffered at the hands of the police when she was arrested in 2003 and 2004 was not sufficiently severe to amount to persecution
• there was evidence of only one incident in which lesbians had suffered ill-treatment during detention
All this is in line with the Home Office country-specific operational guidance notes available to case workers and judges on Uganda – it makes no mention of lesbians. (A series of reports – including one last month – have decried the quality of these reports.)

Victory?

Refusing the Home Office and allowing the judicial review, Hickinbottom wryly noted that the presentation of the previous judgment once again by Alan Johnston’s representative as an argument for deportation – despite all the subsequently available evidence of persecution of lesbians in Uganda – could not be used as “a trump card for the Secretary of State”.

He also decided that the brief detention of SB on the orders of a case worker in November was unlawful. He said a number of mistakes were made by the case worker, such as falsely claiming that SB was liable to abscond, and that an Judge’s order saying she could not be deported due to a judicial review and must be released was ignored.

It is not over for SB. The Home Office could still fight the case at its next stage. It can keep trying to pull out trump cards rather than live up to its solemn obligations under international laws which the UK is signed up to.

Other parts of the British government are engaged with critiquing the same ‘crack down’ on Ugandan lesbians and gays that’s detailed in evidence presented in SB’s case. Ministers have made statements. The Foreign Office is “concerned”. The Prime Minister has pulled aside the Ugandan president and told him to stop.

Perhaps those ministers who tell off Uganda for its attitude to Ugandan lesbians could have a quiet word with their fellow minister, Alan Johnson, about his own treatment of Ugandan lesbians?

This story is located at:
http://madikazemi.blogspot.com/2010/02/ugandan-lesbian-wins-uk-asylum-court.html

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Tim Coco (US) and Genesio “Junior” Oliveira (Brazil)

Posted on February 24, 2010. Filed under: Stories, Stories - from other sites |

Genesio Oliveira, Gay Brazilian Married To Massachusetts Man, Is Denied Asylum
BOSTON — A gay Brazilian man has been denied asylum by the Obama administration and won’t be reunited with his Massachusetts husband in the U.S., the husband said Monday.
Tim Coco said Attorney General Eric Holder did not act on a Friday deadline in the case of Genesio “Junior” Oliveira, effectively denying the 30-year-old Brazilian man’s request for asylum in the U.S. on humanitarian grounds.

“We needed the Attorney General to make a decision on whether Junior could come home,” said Coco, 48, of Haverhill. “He didn’t take this request seriously.”
The Justice Department did not immediately return messages.

In 2002, Oliveira had sought asylum in the U.S. because he said he was raped as a teenager in Brazil. But an immigration judge denied his request, and Assistant Attorney General Ronald Weich said in a letter that Oliveira repeatedly remarked at his hearing that he “was never physically harmed” by anyone in Brazil. Coco, however, said Oliveira was referring to street beatings and wasn’t clear during his hearing about the harm he faced because of the rape.
The Associated Press does not typically name rape victims, but Oliveira speaks openly about his case and allows his name to be used.

Oliveira returned to Brazil in 2007 after losing an appeal. Before he left, he and Coco married in Massachusetts in 2005 and bought a house together.

According to federal immigration law, immigrants also can apply for residency if they marry U.S. citizens. But the federal government does not recognize gay marriages under the Defense of Marriage Act, and Oliveira’s request to remain in the United States based on his relationship with Coco was denied this year.

In March, Sen. John Kerry asked Attorney General Eric Holder to grant Oliveira asylum on humanitarian grounds.

Kerry spokeswoman Brigid O’Rourke said Monday that the senator will continue to work toward a solution that would reunite the couple for good.

“The fact is that if Tim and Junior were a heterosexual married couple, they would never have suffered through more than two years of separation,” said O’Rourke.

Coco said he thought there was “no way” the Obama Administration would deny Oliveira’s asylum request after Kerry made his plea to Holder.

“We are profoundly sad,” said Coco. “This is more than any married should have to face.”
The case comes as Obama tries to smooth a rocky relationship with gay activists, who want him to end the military’s “don’t ask, don’t tell” policy on gays, which he has pledged to do but hasn’t given a timeline. Tens of thousands of gay rights supporters marched in Washington earlier this month, demanding Obama keep his promise to end the policy.

Coco said he has spent about $250,000 in legal bills and hasn’t seen Oliveira since January, though the two video chat online every night.

Oliveira was denied a visa to return to Massachusetts last year for the funeral of Coco’s mother.

Oliveira now lives with his mother, helping her run a boarding house for students.
Coco said the couple plans to launch a legal challenge against the federal Defense of Marriage Act as a violation of immigration laws.

“This is our last shot, if nothing else works,” said Coco. “But we think we can pull this off with the right legal counsel.”

O’Rourke said Kerry supports the couple’s legal challenge to the Defense of Marriage Act, which limits how state, local and federal bodies can recognize partnerships and determine benefits. He also called for a law to extend benefits to domestic partners.

This month, Obama called on Congress to repeal the Defense Of Marriage Act.
While Brazilians are generally more tolerant of homosexual conduct than their neighbors in Latin America, the country remains something of a paradox. Judges have granted foreign partners in gay relationships the right to residency and have authorized civil unions that bestow many of the same benefits of marriage to gay couples, but many segments of society remain openly hostile to homosexuals.

A handful of transgender men and women from Brazil also have been granted asylum in the U.S. based on testimony that they had been victims of violence.

Since 1994, sexual orientation has been grounds for asylum in the United States after a ruling by then-Attorney General Janet Reno. Dozens of asylum seekers from the Middle East, Latin America and Africa have won asylum on that ground, according to Immigration Equality, a New York-based nonprofit group that helps gay clients with immigration cases.

However, the U.S. Citizenship and Immigration Services doesn’t keep data on asylum cases won on sexual orientation claims.
This story is located at: http://www.huffingtonpost.com/2009/10/27/genesio-oliveira-gay-braz_n_335376.html

Story continued:
Immigration Judges Often Picked Based On GOP Ties
Law Forbids Practice; Courts Being Reshaped

By Amy Goldstein and Dan Eggen

The Bush administration increasingly emphasized partisan political ties over expertise in recent years in selecting the judges who decide the fate of hundreds of thousands of immigrants, despite laws that preclude such considerations, according to an analysis by The Washington Post.

At least one-third of the immigration judges appointed by the Justice Department since 2004 have had Republican connections or have been administration insiders, and half lacked experience in immigration law, Justice Department, immigration court and other records show.
Two newly appointed immigration judges were failed candidates for the U.S. Tax Court nominated by President Bush; one fudged his taxes and the other was deemed unqualified to be a tax judge by the nation’s largest association of lawyers. Both were Republican loyalists.
Justice officials also gave immigration judgeships to a New Jersey election law specialist who represented GOP candidates, a former treasurer of the Louisiana Republican Party, a White House domestic policy adviser and a conservative crusader against pornography.

These appointments, all made by the attorney general, have begun to reshape a system of courts in which judges, ruling alone, exercise broad powers — deporting each year nearly a quarter-million immigrants, who have limited rights to appeal and no right to an attorney. The judges do not serve fixed terms.

Department officials say they changed their hiring practices in April but defend their selections. Still, the injection of political considerations into the selection of immigration judges has attracted congressional attention in the wake of controversy over the Bush administration’s dismissal last year of nine U.S. attorneys.

The Post analysis is the first systematic examination of the people appointed to immigration courts, the relationships that led to their selection and the experience they brought to their position. The review, based on Justice records and research into the judges’ backgrounds, encompassed the 37 current judges approved by Attorney General Alberto R. Gonzales or his predecessor, John D. Ashcroft, starting in 2004.

That year is when the Justice Department began to jettison the civil service process that traditionally guided the selections in favor of political considerations, according to sworn congressional testimony by one senior department official and a statement by the lawyer for another official.

Those two officials, D. Kyle Sampson and Monica M. Goodling, have said they were told the practice was legal. But Justice spokesman Dean Boyd said that immigration judges are considered civil service employees who may not be chosen based on political factors, unlike judges in federal criminal courts.

All the judges appointed during this period who arrived with experience in immigration law were prosecutors or held other immigration enforcement jobs. That was a reversal of a trend during the Clinton administration in which the Justice Department sought to balance such appointees with ones who had been attorneys representing immigrants, according to current and former immigration judges.

Boyd said in a written statement that judges appointed during the Bush administration are “well qualified for their current positions” and that “outstanding immigration judges can come from diverse backgrounds.” Boyd also said that race and ethnicity are not factors in hiring but cited statistics showing that immigration courts are “considerably more diverse” than other kinds of courts.

The department launched a new hiring program in April that requires public announcements of open positions and detailed evaluations and interviews, with a final decision still in the hands of the attorney general. The action came partly in response to a lawsuit by a veteran immigration counsel who alleged discrimination when she was passed over for two judgeships.
Some judges and other immigration experts are highly critical of the administration’s practice of placing political allies on the courts. “When we start seeing people who look like [they’re fulfilling] someone’s political debt get these positions, it starts to become disturbing,” said Crystal Williams, a deputy director of the American Immigration Lawyers Association.

“Immigration law is very complex,” said Denise Slavin, an immigration judge since 1995 in Miami, who is president of the National Association of Immigration Judges, a union. “So generally speaking, it’s very good to have someone coming into this area with [an] immigration background. It’s very difficult, for those who don’t, to catch up.”

Mike Hethmon, general counsel of the Immigration Reform Law Institute, which advocates stricter border policies, said, however, that a strong legal background is more important than immigration experience. “The qualities of a good adjudicator don’t necessarily focus on the subject matter,” he said.

Since Sept. 11, 2001, the Bush administration has said it is employing the nation’s 54 immigration courts, with 226 judges, as a central tool of its anti-terrorism policies, using them to deport hundreds of noncitizens who were detained as terrorism suspects but were not charged with crimes.

In 2002, it created stiffer guidelines for appeals and wrote new rules sharply reducing the number of judges who hear them, partly to reduce a large case backlog. That has made it harder for people deemed unwanted by the government to stay in the country.
The infusion of politics into the selection of judges began in the midst of this transformation of the court system. Sampson and Goodling, who participated in the prosecutor firings, did not say which immigration judges had been selected for their political leanings. But records and interviews reveal the Republican ties of many.

One was Glen L. Bower, whom Bush initially nominated to the tax court. He was never confirmed because lawmakers noted that his amended tax returns showed he had taken inappropriate deductions for entertainment, gifts and meals for three consecutive years. A former Republican state legislator, Bower was the revenue director to then-Illinois Gov. George H. Ryan (R), who would be convicted on racketeering and fraud charges.

A few months earlier, another failed tax court nominee, Francis L. Cramer, a former campaign treasurer for Sen. Judd Gregg (R-N.H.), was appointed as an immigration judge. Cramer’s bid for a seat on the tax court foundered after the American Bar Association’s taxation section wrote a rare letter to the Senate Finance Committee, saying: “We are unable to conclude that he is qualified to serve.”

Cramer was then hired by the Justice Department’s tax division and was briefly lent to the department’s Office of Immigration Litigation. Ashcroft approved him as an immigration judge in March 2004. The Government Accountability Office, a legislative watchdog, criticized the appointment, saying, “Converting a Schedule C [political] appointee with less than 6 months of immigration law experience to an immigration judge position raises questions about the fairness of the conversion.”

Another politically connected lawyer, Garry D. Malphrus, was appointed to Arlington’s immigration court in 2005. He had been associate director of the White House Domestic Policy Council and, before that, a Republican aide on two Senate Judiciary Committee subcommittees.

During the Florida recount after the 2000 presidential election that brought Bush to office, Malphrus took part in the “Brooks Brothers riot” — when GOP staffers from Washington chanted “stop the fraud” at Miami’s polling headquarters.

Other appointed Republican loyalists include lawyer Dorothy A. Harbeck, who represented New Jersey’s last GOP candidate for governor; Mark H. Metcalf, an unsuccessful Republican candidate for the state Senate and U.S. Congress from Kentucky who went on to several positions at the Justice Department unrelated to immigration; and Chris A. Brisack, a former Texas county GOP chairman who had been named by Bush, the governor at the time, to the state’s Library and Archives Commission.

Bruce A. Taylor, who was appointed as an immigration judge in Arizona last year, was general counsel for two conservative anti-pornography groups, Citizens for Decency Through Law and the National Law Center for Children and Families. Taylor also worked as a senior counsel in the Criminal Division at the Justice Department, but his résumé does not indicate immigration-related experience.

Like other immigration judges contacted last week, Taylor declined to comment. He said the Executive Office for Immigration Review, which oversees immigration courts, had instructed immigration judges to refer questions to the main office in Falls Church. A spokeswoman there referred questions to Justice headquarters.

The recent pattern of hiring for immigration judges provoked a 2005 lawsuit by the government’s chief immigration lawyer in El Paso for 22 years. Guadalupe Gonzales — no relation to the attorney general — alleged she was denied a judgeship twice in favor of less-qualified white men who were hired without an open application process.

Her suit alleged that, between 2001 and late 2005, only two Latinos were appointed nationwide as immigration judges. Justice Department records make clear that the immigration bench is overwhelmingly male and white, even though Spanish-speaking people from Latin America make up at least 70 percent of the caseload.

The Justice Department responded in court papers that Gonzales’s lawsuit should be thrown out; it argued that she had not identified a discriminatory practice and that immigration judges did not have be hired as part of a competitive process. It said that all but four immigration judges chosen during the period in contention — from late 2003 to 2006 — were hired without public competition.

In September, Judge Emmet G. Sullivan of the U.S. District Court for the District of Columbia ruled against the department, finding that Gonzales “had identified a particular policy that has a discriminatory effect on a particular group.” Sullivan said that one judge hired in El Paso did not meet the minimum qualifications for the job. Neither, the judge said, had Gonzales’s level of experience.
This story is located at: http://www.washingtonpost.com/wp-dyn/content/article/2007/06/10/AR2007061001229_pf.html

UPDATE: June 4, 2010

Tim Coco and Genesio Oliveira married in 2005, among the throngs who wed after same-sex marriage became legal in Massachusetts. But for nearly three years, they lived apart — Coco in Haverhill and Oliveira in his native Brazil — because federal law does not recognize their union.

On Wednesday, Oliveira returned to Massachusetts for an emotional reunion after federal immigration officials took the rare step of granting him permission to stay for one year on humanitarian grounds, clearing the way for him to try again for legal residency. His return followed personal appeals by Senator John F. Kerry, US Attorney General Eric Holder, and Homeland Security Secretary Janet Napolitano on their behalf.

“We’re overjoyed. Words can’t express it,’’ Coco, 49, an ad agency owner, said yesterday from their home in Haverhill, where he had decorated his yard with yellow ribbons to mark their long separation. “Every new moment now is a fresh new moment in our life.’’

Kerry called the couple heroes for persevering in their marriage.

“Here were two people who loved each other and were as committed to each other as you could ever imagine, and a quirk in the law was being allowed to keep them apart. I just wanted to do everything I could to reunite them,’’ he said in a statement.

Kerry also praised Napolitano and Holder, saying, “They really listened, and they righted this wrong.’’ Unlike heterosexuals, gays and lesbians cannot sponsor their immigrant spouses for legal US residency.

Oliveira was allowed to return because US Citizenship and Immigration Services, which is under the Department of Homeland Security, granted him humanitarian parole. Parole is a rarely used mechanism that permits otherwise inadmissible people to enter the United States for “urgent humanitarian reasons’’ or “significant public benefit,’’ said agency spokesman Chris Bentley. About 250 to 350 people are granted such parole every year, he said.

He declined to comment on Oliveira’s case because of privacy laws. Holder’s office did not respond to a request for comment.

Humanitarian parole is temporary, but Coco said the couple might seek to reopen Oliveira’s case or try another venue so that he can remain permanently.

According to the 2000 US Census, some 35,000 same-sex couples include one US citizen and a partner who is not.

Mark Krikorian, executive director of the Washington-based Center for Immigration Studies, criticized the move, saying it seemed unfair to grant a special exception for Oliveira when so many others, such as earthquake survivors in Haiti, are clamoring to get into the country.

“It’s a side-door attempt at changing the Defense of Marriage Act,’’ he said, citing a 1996 federal law declaring that marriage is exclusively between a man and a woman. “That’s the problem with our immigration laws; it’s just this vast collection of exceptions for people who get the attention of a particular bureaucrat or judge or politician.’’

But Kerry and others contended that Oliveira was a victim of injustice. He had applied for asylum in 2002, saying a doctor had raped him in Brazil when he was 16 and he suffered discrimination in his native country because he is gay. An immigration judge found his story credible but rejected his asylum claim, noting that Oliveira had returned to Brazil twice without incident, including for his father’s funeral.

Oliveira was ordered to return to Brazil in 2007. By then, he had been married two years and living in Haverhill with Coco and their dog, Q-tip.

For nearly three years, the couple talked nightly over the Internet and lobbied lawmakers and others for Oliveira’s return. Coco estimates they spent about $250,000 in legal fees and other expenses on the case.

Oliveira missed the death of Coco’s mother in 2008 and lived in near seclusion just blocks from the doctor who had assaulted him as a teen in his hometown in eastern Brazil.

Though Brazil recognizes same-sex marriage for immigration purposes, violence against gays persists. More than 100 homosexuals and transvestites were killed last year in Brazil, according to the US Department of State’s human rights report.

Wednesday night, the couple celebrated with family and friends. They finished each other’s sentences. Oliveira whipped up a batch of chicken Alfredo, with strawberries for dessert.

“It seems like I never left,’’ Oliveira said. “This has made Tim and I stronger than ever. Our commitment for each other, I always say to him, is unbreakable.’’

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Mehdi Kazemi – Asylum from Iran to Europe

Posted on February 20, 2010. Filed under: Stories - from other sites |

Gay Iranian Fights For Asylum In Europe – 19-Year-Old Man’s Plea Initially Rejected By U.K., Says Boyfriend Executed In Iran

(AP) The Netherlands’ highest court rejected a gay Iranian asylum seeker’s last-ditch bid to avoid deportation to Britain, where he fears authorities will send him back to Tehran and possible execution.

In a ruling published on its Web site Tuesday, the Council of State said Britain is responsible for Mehdi Kazemi’s case, because it was there that the 19-year-old first applied for asylum.

Gay rights campaigner Rene van Soeren said Kazemi’s Dutch lawyer was considering an appeal to the European Court of Human Rights. The lawyer, Borg Palm, did not immediately return calls seeking comment.

Boris van der Ham, a lawmaker who has taken up Kazemi’s cause, has tabled questions in Parliament asking the junior minister for immigration, Nebahat Albayrak, to lobby British authorities on Kazemi’s behalf.

Albayrak should either urge Britain not to send Kazemi back to Iran or offer him asylum in the Netherlands, Van der Ham said in a telephone interview.

“There should be some political leadership,” he said. “I hope in Britain they will do it and otherwise we should take the boy.”

Kazemi is not expected to be deported before Albayrak has answered Van der Ham’s questions.

Justice Ministry spokeswoman Karen Temmink said Albayrak is studying the court ruling and drawing up answers to Van der Ham’s questions.

Kazemi’s case highlights not only the plight of homosexuals in Iran, but also differences in the way European Union allies deal with asylum seekers.

The Netherlands relaxes its tough asylum laws for Iranian gays – virtually guaranteeing asylum to any who apply here – because of persecution they face at home. Britain, on the other hand, rejected Kazemi’s original asylum request.

Kazemi, 19, says he traveled to London to study English in 2005 and applied for asylum in Britain after learning that his lover in Iran had been executed for sodomy.

After British authorities rejected Kazemi’s application, he fled to mainland Europe and applied for asylum in the Netherlands.

Quote
We examine with great care each individual case before removal and we will not remove anyone who we believe is at risk on their return.

U.K. Border and Immigration Agency However, because Kazemi had already applied for asylum and been rejected in Britain, the Dutch government is refusing to consider his case and insists he must be sent back to Britain. It cites the European Union’s 2003 Dublin Regulation, which declares that the member state where an asylum seeker first enters the EU is responsible for processing that person’s claim.

Tuesday’s court ruling upheld the Dutch position.

Palm said last week that Kazemi was in such despair he was on suicide watch in a center for rejected asylum seekers in the port city of Rotterdam.

Britain’s Home Office has declined comment, saying it does not discuss individual asylum applications, but it is unlikely authorities would reverse their earlier rejection.

However, Britain’s Border and Immigration Agency has issued a statement that could give Kazemi hope.

“We examine with great care each individual case before removal and we will not remove anyone who we believe is at risk on their return,” the agency said.

Matteo Pegoraro, president of the Italian-based gay rights group EveryOne, which is lobbying for Kazemi, has said he knows of 10 gay people executed in Iran since 2005, based on reports from nongovernment groups and activists.

This story is located at:
http://www.cbsnews.com/stories/2008/03/12/world/main3927899.shtml

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Ali and Mohammad – Asylum from Iran to Canada

Posted on February 20, 2010. Filed under: Stories - from other sites |

Ali, 32, and Mohammad, 25

Iranian gay couple granted asylum in Canada – A gay couple who fled Iran in 2005 to escape arrest and a possible death sentence for homosexuality have been given asylum in Canada.
The men, Ali, 32, and Mohammad, 25, arrived in Toronto Wednesday night. Their family names are being withheld to protect family members still in Iran.
The Islamic state routinely rounds up gays. A number have been placed on trial and sentenced to death according to international human rights groups although the government officially has said the executions were for other offences.
In 2005 Ali and Mohammad fled Iran for India where they sought and obtained help from the United Nations High Commission for Refugees to relocate in Canada the Toronto Sun reported Thursday.
UNHCR made an “urgent and high priority” plea for their resettlement at the Canadian embassy in New Delhi, Arsham Parsi, of Iranian Queer Railroad, told The Sun.
The organization is modeled after the Underground Railroad that helped slaves from the US South escape to Canada in the mid 19th Century. Iranian Queer Road says it has helped more than 60 gay Iranian refugees resettle in Canada, the U.S. and Australia.
“There are many more Iranian queer refugees who are still being processed,” Parsi told The Sun.
Ali and Mohammad were staying with friends in Toronto on Thursday.
“It took them three years to get here,” said Parsi. “Canada is a gay-friendly country and they will be successful here.”

This story is located at:
http://www.365gay.com/news/iranian-gay-couple-granted-asylum-in-canada/

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Fabiola Lemos – Asylum from Brazil, to US

Posted on February 16, 2010. Filed under: Stories - from other sites |

Many flee harassment at home for more accepting communities in the United States
By Diana Britton

One day Fabiola Lemos was walking out of a bakery in Mariana, the oldest city in Brazil’s Minas Gerais region, when she heard a guy say: “Here goes the dyke again. She thinks she can just walk up and down.”

Lemos felt a punch in the back, then was thrown to the ground and beaten. She remembers covering her face and praying, “I don’t want to die like this.”

A petite, muscular woman with curly black hair, Lemos, now 33, moved to Rio de Janeiro, hoping to find safety from persecution. But one day, heading for the supermarket, she heard guys making jokes about her, and calling her a man.

“I totally panicked. I ran like crazy,” she said. She found a policeman.
“Lucky you, they didn’t beat you up,” the officer sneered. “That’s what you deserve. Keep going, otherwise I may decide to do [to you] what they didn’t do.”

Lemos, a dental assistant, eventually moved to New York City’s Chelsea neighborhood, where she lives with her mother. She’s one of many immigrants seeking asylum in the United States on fairly new grounds: persecution due to her sexual orientation. Then-U.S. Attorney General Janet Reno 13 years ago established that this was grounds for asylum in the United States. Now such asylum applications are growing.

There are no official stats on gay refugees: the U.S. government still classifies them simply as persecution cases. “Sexual orientation is not grounds for asylum,” said Shawn Saucier, a spokesman for U.S. Immigration and Citizenship Services, which oversees immigration cases under the auspices of the Department of Homeland Security. Since sexual orientation is not a separate legal category, the agency evaluates each person’s claim based on the facts at hand, Saucier said. The International Gay and Lesbian Human Rights Commission has recorded 785 successful U.S. claims since 1994. But Dusty Aráujo, documentation program coordinator for the group’s San Francisco office, said that tally is probably incomplete.

Gay asylees are nonetheless a new and emerging community.

“Sexual orientation is the next big issue in terms of ‘will the whole world agree on that’?” said Nikki Dryden, staff attorney at Immigration Equality, a New York-based organization working to improve immigration rights for gay, bisexual, transgender and HIV-positive people. The United Nations is just starting to grapple with the issue, Dryden said.

The number of gay asylees skyrocketed in the 1990s, said Andrés Duque, who directs the Latino Commission on AIDS’ program Mano a Mano, in New York.

“When the first group of people started getting granted asylum, a lot of immigrants thought that it was really easy, so a lot of people started applying en masse,” Duque said.

Weihaur Lau, 28, an HIV prevention educator in San Francisco, was granted asylum in 2003 after coming to the U.S. from Malaysia in 1997 to study. A gay Malaysian politician had been persecuted in 1998, and since his case had been prominently featured in the news, many Malaysians were granted asylum around that time, Lau said.

It’s harder to win a case today. And when Congress passed the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which required individuals to file for asylum within one year of arriving in the United States, the number of gay asylees dwindled: often immigrants missed the deadline, advocates said.

Lemos almost did, too — but managed to file in April 2006, days before her year was up.
Saucier said his agency doesn’t consider the deadline a problem. “As soon as you land in the U.S., it’s reasonable to expect that you would make an asylum claim,” he said.

But gay immigrants often find it excruciating to testify about their sexual experiences in courtrooms before strangers. Lau, who grew up in the Malaysian capital of Kuala Lumpur, is from a conservative Chinese background where, he said, homosexuality was not discussed.
“They don’t know how to talk about it,” he said. “They just have no concept of it.”

Asylees also suffer the extra stress of being obliged to wait much longer for green cards than immigrants who apply for work reasons. Lau said asylees must wait in line for as long as five to eight years, and cannot leave the country without forfeiting their status. So Lau could not return to Malaysia when his father died in May 2006.

“It was just a very huge regret in my heart that I couldn’t go back,” he said. “We feel imprisoned here too.”

Jesús Moreno, 28, fled Mexico City after the police demanded bribes in exchange for not telling his parents he was gay. Moreno, now an HIV testing coordinator in Oakland, Calif., said he endured an exhausting two hours of close questioning by an asylum officer about his persecution in Mexico. “Those are things that really hurt,” he said. “It was difficult to bring them to the present because you want to forget almost everything.”

But he was granted asylum, in June 2000. He now feels safe to walk the streets as an openly gay man. Even if he were harassed, he feels reassured that he could go to the police for help.
“That is the peace of mind that I have now,” he said.

Lemos has traveled between New York and Brazil for 10 years. But in Brazil, she still feels she must hide who she is – while in New York she is open about her sexual orientation. “For the first time, I really see a gay community,” she said. “Gay people walking, holding hands, all over. I was like, ‘This is amazing.’”

Fabiola Lemos was harassed in two Brazilian cities before petitioning for asylum in the United States, arguing she was persecuted because she is gay.

This story is located at:
http://journalism.nyu.edu/pubzone/livewire/politics_society/gay_asylum/

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Yousif Ali and Nawfal Muhamed – Asylum from Iraq to US

Posted on February 13, 2010. Filed under: Stories - from other sites |

After being kidnapped and raped in their home country, two gay Iraqis seek safety in Houston. But even in the land of the free, life isn’t easy
By David Taffet

Yousif Ali, 24, and Nawfal Muhamed, 20, are safe in Houston. But life is difficult.
The two have been denied food stamps. Jobs are not easy to find. The Sharpstown neighborhood where they live is dangerous. Neither man speaks English well. And the American relief agency that helps refugees has no services for gay men.

But all that aside, the two gay Iraqi refugees have asylum status and are safer here than they were in Iraq.

In Baghdad, Ali was kidnapped and raped. His boyfriend was murdered.
“Kidnapped many times,” Ali said. “I tried to escape. They put knife in my foot.”
He blamed the Mahdi Militia.

After escaping, he said, he called an Iraqi LGBT group in London. They told him to go to Syria and contact the United Nations. He made it to Syria by bus.
He said there are checkpoints every mile of the trip.

“If they think you are gay, they tell you ‘Go out from the car.’ Take them to unknown place and disappear,” Ali said.

He said that life in Iraq is difficult for everyone because of the war. But for those who are gay, life is intolerable.

Living on savings in Syria, Ali rented a room. He met Muhamed, who had escaped to Damascus when he was 16. He also wanted to move to the west, but was afraid to go to the U.N. office to request refugee status. Although his life was in constant danger in Iraq, he was afraid of U.N. forces that he thought would abuse him if he told them he is gay.

Muhamed’s parents were dead. His brother and sister know he is gay but he is not close to them. He has a boyfriend who is still in Iraq. In Syria he had another boyfriend who is also still there, but he said that one is bisexual and felt safe.

Ali’s family does not know he’s gay. They think a bomb caused the wounds to his foot and that he came to the United States to receive medical treatment. They do not know about the kidnappings.

Ali was granted refugee status first and given asylum in the United States. About seven months ago, he was given a plane ticket through London to Houston. He said he is paying back the airline fare, $35 a month. Muhamed arrived a month later. In his application, Muhamed said he had a friend in Houston. He begged them to send him to Texas, but instead he was given a ticket to Nashville.

“Catholic Charities and U.N. separated us,” Mohamed said. He said that their refugee services only help families, not singles.

Bruce Knotts is the executive director of the Unitarian Universalist United Nations office. He said theirs is the only faith-based U.N. office with full-time staff advocating for LGBT rights. He is familiar with Ali and Muhamed’s case.

Once certified by the United Nations High Commissioner for Refugees, they were resettled, Knotts said. The United States has accepted those seeking asylum based on sexual orientation since a law passed during the Bush administration that was introduced by Rep. Barney Frank.

Knotts said that the United States takes in more refugees than all other countries combined, but that Canada does a better job taking in LGBT asylum-seekers.
Catholic Charities provides many of the services in this country for refugees and is funded through the federal government. Their Web site says they provide “Apartment rent and furnishings.” Ali said that their Iraqi neighbors in Houston got both. He was given a bare apartment. Knotts agrees that Catholic Charities offers families services and provides for basic needs that they have denied the gay men.

When Muhamed arrived in the United States, he was assigned a straight roommate in Nashville. So he contacted Ali and bought a bus ticket to Houston where the two were reunited.

Life in Houston has been difficult. Ali said that he was given food stamps when he first came to this country but then the food stamps were cut off and does not know why. He has reapplied.

The only job he has gotten was working in a warehouse two hours a day. The job was a long drive from his apartment, and it cost more to commute than he was being paid. He’s looking for full-time work.

Knotts explained that the food stamps were cut off when Ali got the part-time job. He said one of the things the men need is someone who can help walk them through the system and advise them about getting job training and full-time work.

Muhamed said he would like to find employment but he has never worked. “Only high school,” he said. Ali explained that Muhamed has never worked before. While in high school he was kidnapped and raped and fled to Syria where he lived for four years and was not allowed to work.

Their Houston neighborhood is dangerous. Sharpstown has a large Iraqi immigrant population. Knotts said the two men are still living among the same people who tormented them in Iraq. At the Creating Change conference in Dallas last weekend, Knotts said they connected the two men with a Unitarian church in Houston and the Houston GLBT Community Center.

Knotts said, “They need friends.”

He emphasized they are here legally and need help applying for their green cards because both are eligible to work. They need someone to help them access the language classes, vocational training and other services the federal government funds Catholic Charities to provide to refugees. And, he said, they need to move to a gay-friendly neighborhood.

This story is located at:
http://www.dallasvoice.com/artman/publish/article_12485.php

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