Chris Steckler

Global Rome: Global Migrations

Over the Rainbow: LGB Migrants Seeking Asylum in the European Union

While volunteering at the Joel Nafuma Refugee Center in Rome, I was surprised to come

across a rainbow flag with Pace printed on it. This flags status as a recognizable symbol of the

LGBTQ+ (lesbian, gay, bisexual, transgender, queer, and other sexual orientation and gender

identity minorities) community caught my attention and spurred my interest in researching

asylum seekers fleeing persecution for sexual orientation or gender identity. According to

Richard Florida, the key components of a citys ability to serve as a magnet for creativity are

tolerance, talent, and technology. Of these three components, tolerance has the largest influence

on LGBTQ+ migrants, specifically asylum seekers (Florida). In the interest of producing a

deeper analysis of migrants persecuted on grounds of sexual orientation (which at time of writing

has more protections provided by EU countries than non-cisgender gender identity does), this

paper will focus on LGB individuals (including those who identity as another orientation

characterized by same-sex sexual attraction, such as pansexual) seeking asylum in the European

Union. The relationship between sexuality and the decision to migrate is a severely

understudied aspect of migration often assumed to be exclusively driven by income gaps

between origin and destination countries (Houdart). And despite LGBTQ+ culture contributing

to a countrys economic status and accepting cultural atmosphere, a 2013 ruling by the European

Court of Justice pronounced that LGBTQ+ refugees could only claim asylum in the EU if their

persecutions are sufficiently serious or are deemed a severe violation of basic human rights

(EU Court Ruling a Setback for Refugees). LGB migrants should be eligible for asylum if their

source country deems same-sex sexual activity illegal.

Explicit legal status has significant influence on social tolerance and acceptance of LGB

individuals. When same-sex sexual activity is illegal in a country, said countrys government is
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Global Rome: Global Migrations
using its power to perpetuate institutionalized homophobia. Sexual orientation is an intrinsic part

of a persons identity, and a country denies to recognize its peoples authentic existence when

same-sex sexual orientation is made illegal. Refusing to legalize same-sex sexual activity also

supports sex-negativity (a view of sexual activity as shameful and immoral), which could put

LGBTQ+ people into unsafe situations with the government or with other people in general.

Though the argument for equal rights has shifted its basis to who you love, sexual orientation

is in its simplest form a shorthand for who you have sex with. For the purposes of this paper,

sexual activity is defined as any form of physical intimacy between two or more individuals

characterized any of the human sexual response cycles four phases: excitement, plateau, orgasm,

and resolution (Masters & Johnson). In a world where sex is often a taboo topic, it may seem

more attractive to frame sexual orientation as a qualifier of love and belonging needs, but sexual

orientation is primarily concerned with a physiological need for sexual release (Maslow). This

holds true for most people, excepting those who identify as asexual.

While the effects of the conflict between sex negativity and a healthy libido are felt by

the population at large, LGB individuals face increased pressure to limit displays of affection

(e.g. hugging, kissing) deemed acceptable when shared between heterosexual people. By

encouraging people to cover their sexual orientation, countries decrease their productivity. In

organizations, behaving in a certain way to hide elements of our authentic selves in an effort to

fit in with the dominate culture is referred to as covering (Hansen). In addition to coverings

social justice aspect, there have also been findings linking decreased covering to increased

productivity due to the change in energy allocation (Yoshino & Smith). One survey respondent

stated that covering takes energy that I would rather give to my job, while another noted that

the energy I put into trying to behave different than who I am drained my energy (Yoshino &
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Global Rome: Global Migrations
Smith). When people who were covering in their previous country are given the ability to live

openly with at the very least the governments support, their productivity and quality of life

improve. Now that weve established a solid definition of sexual activity and outlined the

negative effects of covering, well take a look at how both LGB migrant and destination country

strongly benefit from this migration.

How does an LGB individual benefit? In addition to the aforementioned reduction in

covering (by decreasing the legal and/or social incentives to do so), they benefit from the support

of a LGBTQ+ community of likeminded individuals. This community provides a social setting in

which LGB individuals may meet lovers, sex partners, mentors, and friends. In this community,

the concept of coming out is less applicable because members of the community are not

assumed to be heterosexual or cisgender. How do you identify? is the innocent question of

choice when curious about their sexual orientation or gender identity (Marrazzo). While it may

be difficult at times for allies to integrate themselves into the LGBTQ+ community, gay centers

such as Aricigay Roma offer a variety of educational programming to make LGBTQ+ issues

easier for all to understand and support (Marrazzo). Gay centers assist not only in advocating for

equal rights but in arranging couples counseling, providing free counseling through the internet,

SMS, or phone calls through helplines, supporting victims of hate crimes by connecting them

with shelter houses, and hosting events and support groups (Marrazzo).

With regards to migration policy, a 2009 pamphlet from UK-based LGB organization

Stonewall outlines how the legal basis for asylums definition of fear of persecution applies to

LGB individuals by referencing two different case studies involving migrants from Iran seeking

asylum in the UK. Same-sex sexual activity is illegal in Iran, and the names of the two gay men

of these studies are kept anonymous (Stonewall). In the 2006 case of J, judgment decided that
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Global Rome: Global Migrations
even if an applicant can avoid actual persecution by keeping their sexual orientation hidden and

secret, he or she may qualify as a refugee if living such a life could not reasonably be tolerated

by that person (Stonewall). Thus, J was granted asylum. However, the case of XY shows that

there is room for interpretation. Because XY had been able to have a long-term partner, tell

some family and friends about [his] sexual orientation, engage in some sexual activity and did

not apparently live in a state of constant fear of being discovered, he was denied asylum

(Stonewall). In 2013, the European Court of Justice ruled that gay asylum seekers who had a

genuine fear of imprisonment in African countries could claim refugee status, in response to a

case from the Netherlands (EU Court Blocks Gay Asylum Tests). However, the Court of

Justice declined to hold that the criminalization of consensual same-sex activity constitutes

persecution for the purposes for EU asylum law (EU Court Ruling a Setback for Refugees).

The Court skirted around the real issue in this case and missed a key opportunity to state

clearly that to criminalize consensual same-sex conduct ultimately amounts to criminalizing

people for who they are and, therefore, amounts to persecution per se, regardless of how often

sentences of imprisonment are enforced said Sherif Elsayed-Ali, Amnesty International's Head

of Refugee and Migrants' Rights (EU Court Ruling a Setback for Refugees).

The Organization for Refuge, Asylum, and Migration (ORAM) points out that

persecution by either government authorities or other actors including family members, non-

governmental organizations, religious institutions or other elements of society if authorities

cannot or will not protect you (Fleeing Persecution Based on Sexual Orientation, Gender

Identity or Gender Expression: Information for Asylum Seekers and Refugees). If you fear

persecution because you have relations with people of the same sex as you, you will need to

show what your persecutor said or did, and how it was tied to your sexual orientation (Fleeing
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Global Rome: Global Migrations
Persecution Based on Sexual Orientation, Gender Identity or Gender Expression: Information for

Asylum Seekers and Refugees). However, it is more important for migration officials to

determine whether an asylum seekers source country has legal repercussions for same-sex

sexual activity than whether the asylum seeker is being actively persecuted. Although whether a

particular harm or cumulative harms amount to persecution is always determined on an

individual basis, there should be a minimum requirement that protects LGB individuals from

present or potential government-aided persecution (Fleeing Persecution Based on Sexual

Orientation, Gender Identity or Gender Expression: Information for Asylum Seekers and

Refugees). With ORAMs statement, if you fear execution, detention or torture because of your

sexual orientation or gender identity, you will likely be eligible for asylum, likely doesnt cut

it (Fleeing Persecution Based on Sexual Orientation, Gender Identity or Gender Expression:

Information for Asylum Seekers and Refugees). Fear of negative consequences for same-sex

sexual activity (beyond the legal consequences for heterosexual sexual activity) should be the

minimum requirement for eligibility for asylum. Its an issue of human rights and a potential

boost to a destination countrys economy.

However, many people in the EU criticize that the laws affecting LGB migrants are not

strict enough. The proposed adjusted legislation (allowing LGB migrants to be eligible for

asylum if same-sex sexual activity is illegal in their home country) has been seen by some as

endorsing an alternative lifestyle rather than providing equal rights to those with homosexual

desires. When people subscribe to this belief, their common follow-up question Where do we

draw the line? often highlights other controversial expressions of sexuality ranging from

pedophilia to bestiality. Should these be legalized and protected too? they ask. Fabrizio

Marrazzo, current spokesperson for and past president of Arcigay Roma, informed me that equal
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Global Rome: Global Migrations
rights regarding sexual orientation are fought for on behalf of all individuals sharing sexual

activity between two or more consenting people of legal age. Activism for marriage rights is

focused on providing the opportunity for each person, regardless of sexual orientation or gender

identity, to have their marriage legally recognized by their country of residence (Marrazzo).

Many critics of the current migrations policies have also argued for stricter laws because

the results of the 2010 European Men-Who-Have-Sex-With-Men Internet Survey reported that

migrant gay and other men who have sex with men (MSM) have a higher prevalence of HIV

and sexually transmitted infections than non-migrant gay men (Carter). However, a

generalization such as this is too specific in its comparisons (migrant gay men to non-migrant

gay men) for it to hold much water. Also, the evidence for this argument defined male migrants

as men who were not living in their country of birth, with just under 12% of men (ranging

from asylum seekers to cultural or economic migrants) meeting this definition (Carter). Due to

the faults in many testing methods for HIV and STIs (accuracy is only guaranteed to a certain

date, up to a few weeks prior to testing), it is also difficult to determine the effectiveness of

testing of migrants by migrations officials. It is unknown whether the migrants surveyed in the

study contracted HIV and/or STIs while in their country of birth or destination country.

Commercial sex work is not an uncommon way to settle: a 2001 UK study showed that among

Central and East European gay migrants living in London, 15.4% had been paid for sex

(Houdart). Because sex workers are often at a higher risk of contracting HIV or STIs, this may

influence the surveys reported differences between migrant and non-migrant gay men.

Additionally, some people have expressed concern that migrants may falsely claim to be

LGB individuals to improve their chances of being granted asylum. There are been recent reports

of posters advising migrants to pretend to be gay in order to claim asylum in the UK at the
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Global Rome: Global Migrations
Calais migrant camp known as The Jungle, but the source of the posters is unknown (Edmunds).

In the past, refugees seeking asylum in the EU on the grounds of sexual orientation were

subjected to invasive testing to prove their homosexuality (in some countries) until a 2014

European Court of Justice ruling pronounced that this cannot be required (EU Court Blocks Gay

Asylum Tests). Regardless, migration officials continue to harbor far too much of a fixation in

relation to sex and conduct rather than analysis of identity outside the bedroom, in the eyes of

Neil Grungras, found of ORAM (Haase). This desire for confirmation of migrants orientation

seems to be motivated by a growing anti-immigrant sentiment in the EU, despite the significant

economic and cultural assets that migrants bring to their countries of destination. The argument

that faking will become a serious concern of significant magnitude loses much of its validity

when you look at sexual orientation as how a person identifies their sexual attraction (to a

different gender, to the same gender, to two genders, to all genders, to no one, etc.). In this line of

thinking, a 2009-2011 Dutch study supported by the European Refugee Fund aimed to develop

a new methodology to change ways of thinking towards homosexuality, and to help individual

members of the LGBT community who also come from a refugee background to feel stronger

by making homosexuality less of a taboo, redefining what is normal in the process

(Changemakers 3: Promoting Equality for the Gay Community Among Refugees). Refugees

from risk groups understood that respect for an individuals sexuality is a fundamental aspect of

human rights, and refugees were made aware of the way in which gay people within the refugee

community live (Changemakers 3: Promoting Equality for the Gay Community Among

Refugees). As this project helped refugees understand, sexual orientation cannot be proven or

confirmed by anyone other than the person who is self-identifying.

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Global Rome: Global Migrations
If the way that a person identifies with regard to sexual orientation is illegal in their

source country, they should qualify for asylum and have their appeal granted by EU migration

officials if other factors permit. Though changing EU legislation regarding LGB migration

policies lays the necessary groundwork, it is the implementation on a local level that affects LGB

migrants experiences. These experiences vary significantly from country to country due to a

myriad of factors, including the personal characteristics of immigration officials involved, other

salient identities of the LGB individual in question, and the legal protections of LGB individuals

provided on a country-wide basis. However, EU legislation can enforce a minimum standard for

the treatment of LGB people, which guides both social conversation and political action in a

positive direction.

To build on this change to migration policy, the EU should increase its efforts to provide

equal rights, including marriage rights, to LGB individuals. This would improve not only the

lives of migrants who are new to the EU, but the lives of individuals who are currently living in

the EU but are afraid of identifying themselves as LGBTQ+ due to the threat of an adverse

reaction from their community. The Catholic Churchs influence on Italy cannot be understated

and continues to negatively impact the lives of LGB individuals living in the country. Beyond the

scope of LGB individuals, the T part of the LGBTQ+ community continues to be

misunderstood and denied equal treatment in cases pertaining to migration policy and beyond.

2015 has been a landmark year for transgender representation in media, but transgender rights

(e.g. which bathroom to use) are not nearly as discussed and supported by the general public.

While displays of support for equal treatment of LGB individuals are often characterized by

love and affection, transgender rights activism exists with a relative level of trust in the

authenticity of the individuals in question. Life as a transgender individual isnt as comparable to

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Global Rome: Global Migrations
that of another transgender individual as a comparison between two gay males would be. Often

this is attributed to the challenge of passing for either cisgender or straight/heterosexual.

Passing for cisgender requires presenting oneself in a manner that aligns with gender stereotypes

following a gender binary, which is a self-against-system conflict. On the other hand, passing for

heterosexual is defined by ones perceived relationship to others, which is a self-against-others

conflict. Changing the system is much more difficult, but it has farther-reaching effects. Because

what is the point of this activism on behalf of equal rights? To eradicate the incentives for

passing. To have the same opportunities for living authentically as would be available if living

inauthentically. Therefore, the cognitive dissonance is resolved, and more people will give

themselves permission to follow the clich but nonetheless applicable adage be yourself.
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Works Cited

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Edmunds, Donna Rachel. "Posters Tell Migrants to Say They Are Gay to Claim Asylum."

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Masters, William H., and Virginia E. Johnson. Human Sexual Response. Toronto: Bantam, 1986.

Print.

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(2014): n. pag. Deloitte. 6 Dec. 2013. Web. 6 Aug. 2015.