by Stefano Bolognini
“Discriminated against in their homeland because they are gay, obtain refugee status in Italy. They are a Libyan, an Iranian, and an Egyptian. But there are already six "resolved" cases." A few days ago, this brilliant result achieved by Arcigay Milan was discussed in the national press.
And the very issue of the right to asylum for homosexual and trans people discriminated against in their country of origin will be the subject of a conference organized by the association Lenford Network in Palermo on November 25th and 26th. The conference will be attended by Giorgio Dell'Amico, national immigration manager for Arcigay. We interviewed him.
Let's start from the beginning. Does Italy have the right to asylum for homosexuals or transgender people from discriminatory countries?
Yes, Italy, despite the absence of an organic law on asylum, has ratified the Geneva Convention of 1951 which states that a refugee is someone "who, having a well-founded fear of being persecuted for reasons of (...) belonging to a particular social group (...) is unable or, because of such fear, is unwilling to avail himself of the protection of that country".
Subsequently, the EU Directive so-called “Qualification Directive 2004/83” through the “Legislative Decree implementing the EU Directive on minimum standards for the qualification and status of refugees or persons otherwise in need of international protection” clarified that membership in a particular “social group” can be identified on the basis of the common characteristic of sexual orientation (and gender identity will soon also be understood as foreseen by the very recent vote of the EU Parliament, even if in practice I would say that protection is already provided for in Italy today).
Beyond the legislative technicalities, is it good legislation or is it lacking compared to that of other countries?
In the absence of an organic law, I feel I can affirm that, all things considered, for those who access the application for international protection, there is already a law sufficiently adequate, even if many aspects are missing that should be expanded or better clarified.
I'm thinking in particular of greater training for those responsible for evaluating asylum applications, for workers assisting LGBT asylum seekers, and for more adequate services that are attentive to the specific needs of this category of asylum seekers who, for example, might find themselves (or rather, often find themselves) welcomed by their own compatriots, recreating similar or identical contexts from which they are fleeing.
A recent European Union research has monitored access to asylum applications by LGBT people in Europe and I feel I can say that we are witnessing a particular attention, just think that in our country today the criminalization (and not necessarily having been convicted) is often sufficient to grant LGB applicants refugee status.
How many cases has Arcigay handled? What is the official number of LGBT asylum seekers?
I am now a few dozen Cases handled directly by Arcigay (at the national level or by individual committees or in collaboration with other organizations). Many of these come from Islamic countries, but not only that; some have obtained protection from Italy from Eastern European and Central American countries. In Italy, as in most countries around the world, there is no statistically significant number of refugees based on the reason for their persecution.
Which countries are they from?
To date, the cases known to us came from Morocco, Egypt, Tunisia, El Salvador, Sierra Leone, Nigeria, Albania, Moldova, Ukraine, Pakistan, Ghana, and Iran, while the research cited above reports LGBT refugees from over 104 countries around the world, including, for example, China, Brazil, the USA, and even some cases (presumably from several years ago) of citizens from countries that are now in the EU, such as Romania, Estonia, Lithuania, and Slovenia.
In most cases we are talking about gays, but we have also followed some lesbians (who have obtained refugee status) one from Morocco and one from Libya and some MtF trans (Algeria and Morocco)
What are the most frequently reported forms of discrimination?
In several cases, we've supported young people who had encountered problems with their compatriots, neighbors, or at work, and were unable to seek help from local authorities because those countries have laws against homosexuality, or, in their absence, law enforcement and justice systems are homophobic. One of these young men, a Moroccan, was even convicted for being gay. In most cases, however, the greatest discrimination and violence was perpetrated by family members themselves. I'm thinking, for example, of a Pakistani young man who was discovered by his family and seriously risked being killed by them.
In Palermo, the friends of the Lenford Network Association will organize a conference on LGBT asylum rights. You'll tell us what organizations can do to help these people. Can you give us a preview?
The role of LGBT associations can be fundamental for various reasons.
For example, from the perspective of solidarity among members of the LGBT community. LGBT asylum seekers often experience great isolation, unlike, for example, those fleeing for political reasons. They would be unlikely to find solidarity in Italy from their fellow countrymen, as they would be exposed to the same discrimination and violence they are fleeing if others discovered they were LGBT.
Another reason is that an LGBT person fleeing a homophobic country might feel more comfortable talking about the violence/discrimination they've experienced if they're surrounded by LGBT people with whom they can share their experiences. Furthermore, this closeness to an LGBT association can reinforce the person's real motivation for seeking protection before the commissions called upon to evaluate their personal history.
Arcigay and immigration. After the Project I, what are we working on?
I'm currently seeing growing interest from various Arcigay committees in these issues. For example, the IO project has given rise to several committees that have already followed up on these issues. Milan And Verona Together with other LGBT and immigrant associations in those cities, others are also involved, including the Palermo committee. Various initiatives on these issues have been carried out by other committees, and others are considering how something can be done.
There are ideas for projects that, in addition to guidance and support in applying for asylum, could also include welcoming these people.
It will also be important to engage with second generations, that is, those LGBT youth born or arriving in Italy at a very young age who live or could live, within families that carry with them the culture and traditions of their country, the same violence and discrimination they would suffer if they were still in their own country. I therefore think it will be important to work, for example, with the’AGEDO Also on immigrant families and, of course, without forgetting the issue of LGBT couples where at least one partner is a foreigner and who in Italy do not have the right to have their romantic relationship legally recognized. But as we well know, this is not just their problem.
More generally, what does Arcigay ask of the country to respond to situations of objective difficulty?
Certainly more training for those who work in the immigration sector on these issues, more careful and timely legislation, I am thinking of LGBT couples and projects against homophobia that also involve immigrant communities in Italy.
What do you think of the firm opposition of the Vatican to any attempt to decriminalize homosexuality? In fact, eliminating anti-gay legislation would alleviate discrimination in part.
It represents one of the darkest pages of the Christian hierarchy, but I believe it should not be confused with the many experiences and testimonies of Christians around the world who work to help people fleeing countries where being homosexual can cost them their lives.
It is true, however, that this opposition adds to that of many countries that condemn homosexuality and that are internationally condemned for not guaranteeing human rights, such as Iran, or that of many other homophobic churches that are putting pressure in Uganda and other African countries to increase sanctions, even to the point of including the death penalty for LGBT people. .
