Cape Argus

All talk, no action in aiding LGBTI+ refugees

- JOHN MARNELL, B CAMMINGA and THEA DE GRUCHY The Conversati­on Marnell is a doctoral researcher at the African Centre for Migration & Society at Wits University, Camminga is a research associate at Wits University and De Gruchy is a researcher at Wits Unive

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.

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