Following the directives of UNHCR concerning the definition of a 'social group' as a cohesive and vulnerable group whose members share essential characteristics of identity, Brazil's National Committee for Refugees (CONARE) has determined that sexual minorities should be considered as a social group for the purposes of applying the 1951 Refugee Convention and Brazil's Refugee Law. In analysing the question of the well-founded fear of persecution as grounds for claiming asylum, CONARE includes consideration of the criminalisation of sexual relations between same-sex adults when assessing the potential risk to life or freedom of the refugee applicant in their country of origin. 78 countries out of 193 still have legislation criminalising same-sex consensual acts between adults. Adapted from the source document.
Lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers and refugees face a myriad of threats, risks and vulnerabilities throughout all stages of the displacement cycle. There needs to be greater awareness not only of the specific protection concerns relating to LGBTI individuals but also of related jurisprudence and guidance available for UN staff, partners, state authorities and decision-makers. Adapted from the source document.
In the past 50 years, lesbian, gay, bisexual, transgender, and intersex (LGBTI) activism in Australia has grown from small, localized organizations to national campaigns calling on all Australians to affirm LGBTI people's equality. While the issues and activist strategies have evolved over the past 50 years, there have been two persistent patterns: most organizations and activism have been state based and have drawn on international influences, especially from the United Kingdom and United States. In the 1970s the organizations CAMP (Campaign Against Moral Persecution) and Gay Liberation presented competing visions of LGBTI equality, but both recognized the importance of visibility in order to change societal attitudes and influence law reform. Campaigns to decriminalize male homosexuality began in the 1970s and continued across the states through the 1980s and even into the 1990s in Tasmania. After law reform, activists shifted their advocacy to other areas including anti-discrimination laws, relationship recognition, and eventually marriage equality. HIV/AIDS was another important cause that generated grassroots activism within LGBTI communities. State AIDS councils worked in partnership with the federal government, and Australia had one of the world's best public health responses to the epidemic. Pop culture, international media, and visibility at events such as the Sydney Gay and Lesbian Mardi Gras gradually shifted public opinions in favor of LGB equality by the 2000s. Transgender and intersex rights and acceptance were slower to enter the public agenda, but by the 2010s, those two groups had attained a level of visibility and were breaking down preconceived stereotypes and challenging prejudice. Indeed, politicians lagged behind public opinion on marriage equality, delaying and obfuscating the issue as the major political parties grappled with internal divisions. In 2017 the Commonwealth government held a postal survey asking Australian voters whether or not they supported same-sex marriage. This was an unprecedented exercise in Australian polity that was divisive, but LGBTI activists succeeded in their campaign and secured an overwhelming victory. The postal survey's outcome also set the stage for new political fights around LGBTI people's rights: so-called religious freedom, transgender birth certificates and support for LGBTI young people.
It is impossible to divorce the criminalization of LGBTI conduct from the social, institutional, and extra-legal violence to which individuals within this community are subjected, as laws are a mirror of a society's values. The foundation for laws that punish non-hetero-normative sexualities and gender expressions are societal constructions of hetero-normativity. Lawmakers codify their generalized views about what roles persons should fulfill or perform based on preconceptions regarding the attributes, behaviors, or characteristics of a person, class, or group.Non-hetero-normative sexual orientations and gender identities challenge traditional notions of sexuality and gender. Violence is used as a way to control the bodies of those who exhibit non-hetero-normative traits and values, as well as a form of social control to reinforce sexual and gender norms. The distinctions countries create in the targeted illegality of "male" and "female" homosexuality demonstrate the conflation of sex, gender identity, and sexual orientation.Laws that ban expressive conduct and effectively eliminate lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons from public discourse have historical roots in Christian and Muslim religious traditions. Whether codified or not, violence against LGBTI individuals is a consequence of deeply embedded gender inequality. Such inequality manifests in social and physical violence that ultimately punishes, controls, and erases LGBTI persons. Although international bodies have reacted against such violence by ratifying legal instruments to protect the LGBTI community, changing social conditions and preconceptions has proven to be the most effective route to protecting LGBTI persons' human rights.
The role of a queer decolonial analytic is to put scholars of ethnic decoloniality in conversation with queer studies scholarship. In exploring not only the impact of the Ottoman Empire on the region but also of a larger global colonial gender/sex system, decolonial scholars analyze the intersection of imperial hierarchies with the coloniality of gender. This is why Romania and Turkey serve as a focus to think about repositioning ethnic and gender identities in the context of global capitalist and imperial hegemonies. Queer activists in collectives such as Macaz in Romania and Hêvî LGBTI in Turkey show that decolonial politics needs an alliance with queer studies. Refusing single-issue activism, decolonial queer politics in Turkey and Romania seeks a radical transformation of society by drawing on the success of intersectional analyses as well as by addressing growing concerns about global inequality.Moreover, a queer decolonial analytic interrogates mainstream LGBTI+ terms such as "visibility" and "the closet" and calls for a different political imaginary on the basis of José Esteban Muñoz's assertion that the future is the domain of queerness. Since the language of the closet and visibility in LGBTI+ activism has significant limitations in wider political and societal contexts, a new analytic proposes the transformation of current activist vocabularies. In Turkey, the historical oppression of the Kurds and their ongoing political struggle have given a unique position to Kurdish LGBTI+ organizational efforts and queer activists. Kurdish LGBTI+ activism raises critical questions about ethnic and class hierarchies both within Turkey and within a global queer movement. This sort of activism deemphasizes "the closet" or "gay marriage," or a mere "visibility," which traditionally have been a key component of the 2000s LGBTI+ organizations and Western non-governmental organizations' agendas. Like in Turkey, new forms of queer activism in Romania seek to develop spaces and locations that create safe spaces, advocate sexual experimentation, and promote radical social interventions.
"The LGBTI community in Turkey face real dangers. In 2015, the Turkish police interrupted the LGBTI Pride march in Istanbul, using tear gas and rubber bullets against the marchers. This marked the first attempt by the authorities to stop the parade by force, and similar actions occurred the following year. Here, Fait Muedini examines these levels of discrimination in Turkey, as well as exploring how activists are working to improve human rights for LGBTI individuals living in this hostile environment. Muedini bases his analysis on interviews taken with a number of NGO leaders and activists of leading LGBTI organisations in the region, including Lambda Istanbul, Kaos GL, Pembe Hayat, Social Policies, Gender Identity and Sexual Orientation Studies Association (SPoD), and Families of LGBT's in Istanbul (LİSTAG). The original information provided by these interviews illuminate the challenges facing the LGBTI community, and the brave actions taken by activists in their attempts to challenge the state and secure sexual equality." (Publisher's description)