24/02/2022 | Writer: Koray Arkadaş

Who are we talking about when we say LGBTI+ refugees? What status do LGBTI+ refugees live in Turkey? What are some practices that contradict the Yogyakarta Principles with a specific focus on LGBTI+ refugees?

Examples of practices that do not comply with the Yogyakarta Principles with a focus on LGBTI+ refugees Kaos GL - News Portal for LGBTI+

 According to the 1951 Geneva Convention, to which Turkey is a party, a person can apply for asylum if there is a well-founded fear and danger of persecution because of his identity, and if the person is outside the country of origin. There are five asylum application criteria in the Geneva Convention. These are; race, religion, nationality, political opinions, and membership of a particular social group. LGBTI+ identity is evaluated within the criteria of belonging to a certain social group. Being LGBTI+ does not necessarily mean that they have made or will apply for asylum because of their sexual orientation or gender identity. It is possible to apply for asylum due to other criteria and identities. Even if an asylum application is made due to other criteria and identities, sharing the LGBTI+ identity in the asylum application may be important in the asylum process.

Since Turkey made a geographical reservation when signing the 1967 Protocol Relating to the Legal Status of Refugees, it can grant refugee status to people who come from countries that are members of the Council of Europe and apply for asylum. Those who come from countries that are not members of the Council of Europe and those who are not Syrians are considered under international protection and can receive conditional refugee status according to the evaluation of the status determination meeting. Asylum applications of Syrians are taken under temporary protection status due to the war situation. The General Directorate of Migration Management (DGMM) is responsible for all asylum processes.

When we think about LGBTI+ refugees, a question such as; “How many LGBTI+ refugees live in Turkey?” may come up. Answering this question is impossible to answer just like the question of "How many LGBTI+ live in Turkey?". This is because Syrians don’t apply for asylum based on their LGBTI+ identity, and LGBTI+s can also apply for asylum without grounding on their sexual orientation or gender identity. Assuming that people whose asylum application is independent of their sexual orientation and gender identity are heterosexual and cis-gender fosters heteronormativity and cis-normatity. Rational questions to be asked could be: “How many registered refugees are there who have applied for asylum to the General Directorate of Migration Management in Turkey because of their LGBTI+ identity?” or “How many refugees with LGBTI+ identity is registered with the United Nations High Commissioner for Refugees?”. However, I would like to state that there is no official figure announced on this subject.

After making a general introduction about LGBTI+ refugees, I would like to talk about some of the factors that cause social injustice for LGBTI+ refugees. I will try to convey in the context of LGBTI+ refugees how far some rights, services and practices in Turkey are from inclusiveness, which is one of the building blocks of social work. While making this presentation, I will talk about a few problems that affect LGBTI+ refugees specifically, rather than the problems that affect LGBTI+s in general or refugees in general.

The right to work, the 12th principle of the Yogyakarta Principles, states that everyone has the right to have a good and productive job, to have adequate and favorable working conditions, and to be protected against unemployment, without discrimination on the basis of sexual orientation or gender identity. Refugees living in Turkey do not have a direct right to work. Employers can apply for a work permit, and this application is only valid for a one-time and specifically for that job. The formal employment rate of refugees is very low, as many employers see refugees as cheap labor and employ them for low wages. Many refugees work unregistered. Many LGBTI+ refugees abstain to complain when they are exposed to violence or discrimination based on homophobia and transphobia in their unregistered workplace. Because if unregistered work is detected, the minimum sanction to be applied to the refugee is an administrative fine.

The right to found a family, the 24th principle of the Yogyakarta Principles, emphasizes that everyone has the right to found a family, regardless of their sexual orientation and gender identity, that families exist in various forms, and that no family can be discriminated against based on the sexual orientation or gender identity of its members. As we know, there is no marriage equality in Turkey. Unfortunately, people with the same gender in their identity cards cannot benefit from the right to start a family officially. One of the most striking consequences of this for queer families is not being able to benefit from family reunification, because many queer families may not even be seen as "partners", let alone being considered "family". I would like to explain with an example how LGBTI+ refugees can be affected by this situation. Let's imagine that two people with the same gender in their identities are partners and live together in the same city and in the same house.

Let's assume that one of the partners has a health condition that requires regular treatment, and this treatment cannot be performed in the city where they are registered. In order for the person to benefit from the treatment effectively, the person can be transferred from the city where he/she is registered to a city where the treatment can be performed. However, because they are not considered as "family" or "partner", the transfer of a person's partner is not allowed by the Provincial Directorate of Migration to a large extent. Thus, the queer family in question may be forced to live in different cities without their consent (because it is not legal for refugees to live in a city different from the city they are registered in). Therefore, the psychosocial well-being of people can be negatively affected.

According to principle 6 of the Yogyakarta Principles, the right to privacy often includes the choice to disclose or not disclose information related to one's sexual orientation or gender identity, as well as decisions and choices regarding both one's own body and consensual relationships with others. In my interviews with LGBTI+ refugees, many LGBTI+ refugees stated that they were asked the following sentences in official interviews: “How many sex partners have you had?”, “Which positions do you have sex in?”, “When was the last time you had sex with your partner?” or ‘is there a photo or video of you kissing or having sex?”, “We want you to bring a report from the hospital that states you are LGBTI+.”

Such questions and requests violate the right to privacy, and when answered, they will not provide any benefit to the person who asked or answered the question. These questions and demands are unfortunately striking examples of how the principle of doing no harm, one of the most important principles of social work, can be violated.

As I come to the end of my article, I think that we need to talk more and more about how we can expand the anti-oppression practices that will liberate us all, especially LGBTI+ refugees, and that we, as social workers, should carry out macro-level studies for the implementation of the Yogyakarta Principles. May the rainbow destroy our phobias, prejudices and borders...

Translation: Aras Örgen 

*This article was produced with the financial support of the European Union. Its contents are the sole responsibility of Kaos GL Association and do not necessarily reflect the views of the European Union.

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Tags: human rights
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