All talk, no action in aiding LGBTI+ refugees
SINCE 1998, South Africa has recognised persecution based on gender and sexuality as legitimate grounds for asylum. This makes it the only African country to formally extend refugee protection to lesbian, gay, bisexual, transgender and intersex (LGBTI+) people.
However, as research shows, the promise of freedom contained in its refugees act is yet to materialise for LGBTI+ people.
A recent analysis of refugee status denials involving LGBTI+ applicants identifies egregious misapplications of domestic and international law.
Other studies suggest homophobia, transphobia and corruption are common in the Department of Home Affairs, responsible for managing immigration and asylum.
These barriers to protection make it difficult for LGBTI+ asylum seekers to regularise their legal status, access services or find jobs. This increases their vulnerability to discrimination, exploitation, poverty, homelessness.
The absence of reliable quantitative data makes it difficult – if not impossible – to hold Home Affairs, the police and other state entities to account. When reports emerge of LGBTI+ migrants and asylum seekers being mistreated, the government can dismiss these incidents as isolated or anomalous.
To respond to this knowledge gap, we developed a survey tool that could be distributed using WhatsApp. This allowed us to collect data from people who might otherwise be unwilling or unable to participate in research. We sourced information from 381 respondents, making it the largest data set of its kind in South Africa.
Our data shows South Africa hosts significant numbers of LGBTI+ migrants and asylum seekers – something long suspected but difficult to prove. It also shows this population is more dispersed and diverse than previously thought. It can also increase their susceptibility to violence and harassment.
Our goal was to collect baseline data that could not only augment existing research but also guide and support future advocacy work. As well as capturing basic demographic information, the survey posed simple questions about respondents’ gender, sexuality, documentation status and reason for migrating.
We wanted the survey to reach as many people as possible so we partnered with three well-known activists: Thomars Shamuyarira, Masi Zhakata and Anold Mulaisho. Each co-ordinates a network of LGBTI+ migrants and asylum seekers in a different part of the country. The community fieldworkers shared information about the project and enrolled anyone who wanted to take part.
We opened the survey to all LGBTI+ people who have crossed an international border, regardless of their documentation status. We did this because the distinction between migrants and asylum seekers is blurred in South Africa. Failings in the asylum system push those who may be eligible for refugee protection into the migration system or force them to remain undocumented.
The survey results provide further evidence that South Africa is failing to meet its legal obligations.
Our analysis shows LGBTI+ migrants and asylum seekers are dispersed across the country far more widely than first thought. The number of survey respondents living outside metropolitan areas suggests a need to reconsider how resources and services are delivered.
South Africa extends protection from persecution based on both gender and sexuality. However, previous research indicates transgender and gender-diverse people have had to claim asylum – or have been classified as claiming asylum – on the basis of sexual orientation.
Our data suggests a shift in this pattern. A number of respondents reported claims based on gender identity or expression. The long-term impacts of this remain to be seen
Most respondents reported being undocumented, an anticipated result given the barriers obstructing LGBTI+ people from claiming protection in South Africa. More interesting was the number of answers that seem to indicate confusion over asylum-related terms, categories, systems and processes. This tells us that programmes intended to inform and support LGBTI+ asylum seekers are not reaching all segments of this community.