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In the Background section, I added 5 paragraphs on other factors behind LGBT migration rather than criminalization: marginalization, bad treatment, and malfunctioning of anti-discriminatory laws. Plus, I added some general information on the 1951 convention and other possible means of migration. |
Fixed reference date error(s) (see CS1 errors: dates for details) and AWB general fixes |
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{{Short description|Migratory movement of LGBTI people}}
{{LGBT rights|expanded=aspects}}'''LGBT migration''' is the movement of [[
== History ==
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=== Background ===
In many countries in the world, homosexuality and being transgender is criminalized. 71 countries criminalize homosexuality, and at least 5 (and some regions in others) have the [[Capital punishment for homosexuality|death penalty]] for it.<ref>{{Cite news |date=2018-04-20 |title=Homosexuality: The countries where it is illegal to be gay |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-43822234 |access-date=2022-11-05}}</ref> In 47 countries (and some regions in others), individuals are not legally able to change their gender. 37 countries ''de facto'' criminalize being transgender, and 13 explicitly criminalize being transgender.<ref>{{Cite web |last=Wareham |first=Jamie |title=New Report Shows Where It's Illegal To Be Transgender In 2020 |url=https://www.forbes.com/sites/jamiewareham/2020/09/30/this-is-where-its-illegal-to-be-transgender-in-2020/ |access-date=2022-11-05 |website=Forbes |language=en}}</ref>
This criminalization of LGBT individuals has led to an increase in recent decades of the number of LGBT individuals who seek refuge in other countries, who are left with no other choice but to leave their home country.<ref>{{Cite web |last= |first= |title=LGBTIQ+ persons |url=https://www.unhcr.org/lgbtiq-persons.html |access-date=2022-11-05 |website=UNHCR |language=en}}</ref>
The criminalization of LBGT individuals is not the only factor behind their migration. In many countries in the world, homosexuals or transgenders are treated badly by other citizens, relatives, and/or authorities.<ref name=":
With LBGT people being marginalized in their home countries because of their sexual orientation or identity, they attempt migrate to more accepting countries where chances of a safer and more financially successful life are higher.<ref name=":
Although there are anti-discriminatory laws and policies in many countries of the world, LGBT people still face social, economic, and legal challenges as well as stigmatization. As a result, they choose to migrate to more LGBT-friedly areas.<ref name=":
Some LBGT people opt to migrate as asylum-seekers. According to the 1951 United Nations Convention on the Status of Refugees, an individual can be considered to be a refugee if they are outside of their country of origin and cannot seek protection in their home country on the grounds of a fear of persecution based on their race, religion, nationality, membership of a particular social group, or political opinions.<ref name=":
In many Western nations, LGBT people coming from LGBT-unfriednly countries are regarded as vulnerable members of a particular social group. However, there are LGBT inviduals who do not migrate as refugees. Such people also migrate via education, working, marriage and so on.
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===North America===
In the beginning of the 20th century, homosexuality was considered a mental illness and used to bar homosexuals from immigrating into the United States, and Canada.<ref name=bashford/> Canada allowed for homosexual immigration in 1991.<ref name="
[[File:2019 CSD Kölm 058.jpg|thumb|LGBT refugees at a demonstration in [[Cologne]], [[Germany]], 2019.]]
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In the United States, the [[Immigration and Nationality Act of 1965]] became the first policy to explicitly prevent "sexual deviates" from entering the country, and it also required the [[Immigration and Naturalization Service]] (INS) to deport these individuals.<ref>Pickert, Jeremiah. "Immigration for Queer Couples: A Comparative Analysis Explaining the United States' Restrictive Approach ." A Worldwide Student Journal of Politics. {{cite web|url=http://lilt.ilstu.edu/critique/fall2012docs/pickert-post1.pdf |title=Archived copy |access-date=October 22, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20131023060328/http://lilt.ilstu.edu/critique/fall2012docs/pickert-post1.pdf |archive-date=October 23, 2013 }} (accessed October 20, 2013).</ref>
Since "sexual deviance" was regarded as a medical condition, sexual minority immigrants used to be banned from entering the United States for a long period of time. In 1994, a new policy was introduced that allowed sexual minorities to be regarded as members of a particular social group that might face persecution in their home country. After introduction of this policy LGBT people became qualifying for asylum seeking in the United States.<ref>{{Cite journal |last=Shuman |first=Amy |last2=Bohmer |first2=Carol |date=December 2014
In the United States, judges and immigration officials require that homosexuality must be socially visible in order for sexual persecution to be a viable complaint. Additionally, homosexuality must be a permanent and inherent characteristic to be considered by U.S. immigration officials.<ref name="glen.ie">[https://web.archive.org/web/20131023062317/http://www.glen.ie/attachments/b71882f9-c67f-4ad7-84ed-03e50ecd8e5a.PDF Gay Lesbian Equality Network. 2011. "Immigration Provisions in Ireland."]</ref> Currently, the US Citizenship and Immigration Services (USCIS) will consider LGBT refugee and asylum claims in their immigration courts, but as a result of cumbersome legal processes, LGBT individuals who are applying for asylum often have a difficult time representing themselves properly in court.<ref>{{Cite journal|last=Alvarez-Hernandez|first=Luis|title=Whose Land of the Free? Latina Transgender Immigrants in the United States|url=http://www.iisb.org/pdf/june2019/23.%20Whose%20Land%20of%20the%20Free%20Latina%20Transgender%20Immigrants%20in%20the%20United%20States.pdf|journal=Indian Journal of Health, Sexuality, & Culture|volume=5|pages=135–147}}</ref>
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===Africa===
{{See also|LGBT rights in Africa}}
====Uganda====
{{See also|LGBT rights in Uganda}}
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LGBT rights in Asian are constrained significantly. LGBT people face discrimination, marginalization, and, in some Asian countries, criminalization, including death penalty. LGBT migrants from Asian countries constitute a big proportion of asylum-seekers. There are only a few countries in Asia that are LGBT-friendly countries. LGBT individuals in Asia migrate from less tolerant to more LGBT-friednly areas both domestically and internationally.{{See also|LGBT rights in Asia}}'''Taiwan'''
{{See also
In 2017, same-sex marrriage was were legalized in Taiwan. Taiwan was the first East Asian country to legalize same-sex marririage. The legalization of same-sex marriage marriages makes Taiwan attractive to LGBT migrants from other Asian countries.<ref>Chang, Hsin-Chieh. (2019). Marriage Migration in Asia: The migration of LGBTQ persons for reasons of marriage between Asian countries.</ref>
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{{See also|LGBT rights in Israel}}
Compared to its Middle Eastern neighbors, Israel has more LGBT-supportive policies for Israeli citizens, and it accepts LGBT asylum applicants. Israel ratified the UN Convention and Protocol Relating to the Status of Refugees in 1951, which theoretically gives protection or asylum to anyone with a "well-founded fear of being persecuted" and forbids the deportation of refugees to the country where their lives were initially threatened. This policy has not been explicitly followed by Israel.<ref>{{cite web |date=6 June 2011 |title=Israel's Treatment of Gay Palestinian Asylum Seekers The Washington Note by Steve Clemons |url=http://washingtonnote.com/israels_treatme/ |access-date=6 November 2013 |archive-date=10 October 2017 |archive-url=https://web.archive.org/web/20171010061333/http://washingtonnote.com/israels_treatme/ |url-status=dead }}</ref> As a result, Middle Eastern migration of LGBT people to Israel has been seen.<ref>{{cite news |last=Schaefer |first=Brian |date=23 March 2013 |title=The White City at the End of the Rainbow |newspaper=Haaretz |url=https://www.haaretz.com/.premium-the-white-city-at-the-end-of-the-rainbow-1.5235384}}</ref> However, Israel has a rule against granting asylum to Palestinian LGBT people on the basis that "there is no systematic persecution based on sexual orientation in the Palestinian Authority".{{sfn|Atshan|2020|pp=101–102}}
However, critics point out that the state of Israel has used the issue of gay rights as a way to distract attention from other human rights abuses perpetrated by the state (a practice called [[homonationalism]] - [[Pinkwashing (LGBT)|pinkwashing]] when referring to businesses) and revitalize the nation's image in the international community.<ref>{{Cite news |last=Kaufman |first=David |date=May 13, 2011 |title=Is Israel Using Gay Rights to Excuse Its Policy on Palestine? |work=Time Magazine |url=http://content.time.com/time/world/article/0,8599,2070415,00.html |access-date=July 5, 2020}}</ref><ref>{{Cite news |last=Schulman |first=Sarah |date=2011-11-22 |title=Opinion {{!}} Israel and 'Pinkwashing' |language=en-US |work=The New York Times |url=https://www.nytimes.com/2011/11/23/opinion/pinkwashing-and-israels-use-of-gays-as-a-messaging-tool.html |access-date=2020-07-04 |issn=0362-4331}}</ref><ref name=":7">{{Cite web |author=Nolcollective |date=June 29, 2020 |title="To celebrate Pride, you need to know about pinkwashing" (infographic series) |url=https://www.instagram.com/p/CCArPXcAUyE/ |url-access=limited |archive-url=https://ghostarchive.org/iarchive/s/instagram/CCArPXcAUyE |archive-date=2021-12-24 |website=Instagram, @aswatfreedoms}}{{cbignore}}</ref> These critics suggest that, in actuality, Tel Aviv and Israel at large are strongly divorced from the experiences and goals of queer communities across the rest of the MENA region.<ref name=":7" /> According to anthropologist [[Sa'ed Atshan]], pinkwashing includes "representing Israel as a gay haven for Israelis, Palestinians, and internationals in order to attract tourism and other forms of solidarity and support".{{sfn|Atshan|2020|p=72}}
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Prominent countries known for substantial LGBT emigration include Iran, Iraq, Jamaica, Pakistan, Saudi Arabia, Mexico, and Brazil.<ref>{{cite web|url=http://news.trust.org/item/20130426183832-eil0p/|title=Asylum system humiliates gay refugees|first=Thomson Reuters|last=Foundation|website=news.trust.org}}</ref><ref name="Dan, Bilefsky 2011">Dan, Bilefsky. "Gays Seeking Asylum in U.S. Encounter a New Hurdle." NY Times, January 28, 2011.</ref><ref name=Mayton>Mayton, Joseph. LGBT Rights, "Gay, Muslim, and Seeking Asylum." Last modified June 18, 2013. Accessed October 20, 2013.</ref>
LGBT immigrants are seen frequently to immigrate to Canada, Britain, and the United States.<ref name=Mayton/> In 1994, U.S. immigration law recognized sexual persecution as grounds for seeking asylum. U.S. president Barack Obama ordered federal agencies to provide asylum for persecuted LBGTQ persons.<ref>''U.S. News & World Report'': [https://www.usnews.com/news/blogs/washington-whispers/2011/12/06/obama-offers-asylum-to-overseas-gays Obama Offers Asylum to Overseas Gays.] December 6, 2011.</ref> In 2008,{{
Data shows nearly 4,400 people sought asylum from 2007 to 2017.<ref>{{cite web |url=https://www.nbcnews.com/feature/nbc-out/trump-proposals-threaten-lgbtq-asylum-seekers-hopes-refuge-u-s-n1236736 |last=Fitzsimons |first=Tim |title=Trump proposals threaten LGBTQ asylum-seekers' hopes of refuge in U.S. |date=August 20, 2020 |website=ABC News |access-date=March 14, 2021}}</ref> But the exact number of LGBT people seeking asylum into the United States is not known as of 2020.<ref>{{cite web |url=https://www.hrw.org/news/2020/10/13/do-lgbtq-asylum-seekers-have-future-united-states |last=Ghoshal |first=Neela |title=Do LGBTQ+ Asylum Seekers Have a Future in the United States? |date=October 13, 2020 |publisher=The Advocate |website=Human Rights Watch |access-date=March 14, 2020}}</ref>
The United Nations Refugee Agency reports that there are approximately 4.4 million asylum seekers and 26.6 million refugees worldwide. However, it is unknown how many migrants are lesbian, gay, bisexual, and transgender.<ref name=":02"
In reference to domectic LGBT migration, moving from smaller towns or rural areas to big cities is the most common trend of migration.<ref name=":12"
== Asylum seekers and immigrants ==
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Bisexual claimants face an even greater challenge in providing evidence that immigration officials expect in asylum cases due to their dual sexuality. This can lead to a lack of clarity and understanding of their experiences.<ref>{{Citation |last=Klesse |first=Christian |title=On the government of bisexual bodies: asylum case law and the biopolitics of bisexual erasure |date=2021 |work=Queer Migration and Asylum in Europe |pages=109–131 |editor-last=Mole |editor-first=Richard C. M. |url=https://www.jstor.org/stable/j.ctv17ppc7d.13 |access-date=2024-04-02 |publisher=UCL Press |isbn=978-1-78735-587-3}}</ref> In bisexuality claims, claimants must demonstrate that they are at risk for persecution, even if their sexuality allows them to act in a heterosexual manner. The common preassumption that bisexuals are able to choose partners from the opposite sex is one of the main reasons why they have more obstacles in the process of asylum seeking.<ref>{{Cite web |last=thisisloyal.com |first=Loyal {{!}} |title=LGBTQI+ Refugees and Asylum Seekers |url=https://williamsinstitute.law.ucla.edu/publications/lgbtqi-refugees-asylum-seekers/ |access-date=2024-04-02 |website=Williams Institute |language=en-US}}</ref>
British claimants also require evidence from an "expert witness"
Lawyer S Chelvan reported to the ''Huffington Post'' that the use of pornographic evidence—individuals taping themselves having sex with same sex partners—has risen due to challenges to credibility of queer claims. Furthermore, immigration officials have refused witnesses for the credibility of queer asylum claims if the witness did not have sex with applicant. Credibility becomes an issue, as many refugees keep their identity as being queer a secret from their own family and friends in order to avoid persecution.<ref name=":5" /><ref name=":6">{{Cite journal|last1=Shuman|first1=Amy|last2=Hesford|first2=Wendy S|date=2014-10-31|title=Getting Out: Political asylum, sexual minorities, and privileged visibility|journal=Sexualities|language=en|volume=17|issue=8|pages=1016–1034|doi=10.1177/1363460714557600|s2cid=147162592}}</ref>
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*{{cite book |last1=Atshan |first1=Sa'ed |title=Queer Palestine and the Empire of Critique |date=2020 |publisher=Stanford University Press |isbn=978-1-5036-1240-2 |chapter=Global Solidarity and the Politics of Pinkwashing}}
{{LGBT}}
[[Category:Immigration and LGBT topics]]
[[Category:LGBT rights|Migration]]
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