In a progressive judgement, the Federal Court of Canada has decided that there is an an obligation upon the Refugee Protection Division to specifically discuss why the Applicant, as a homosexual living in a place where it has been demonstrated that homosexuals are harassed, would not be subjected to persecution as she cannot live her sexual orientation openly. Some GLB refugee claims are thrown out because a person cannot prove that they are queer. Here the applicant proved that, and also proved that in her home country queers faced persecution. This is an important case because it says that it is up to the government to show she would be safe returning home, rather than up to her to demonstrate that she would be in danger. C.C.F. v. Canada (Minister of Citizenship and Immigration), [2012] F.C.J. No. 1346
Immigration Canada denied Leatitia Nanziri's claim for refugee status because they don't believe she is a lesbian. Nanziri fled Uganda when she was outed by her girlfriend's father. Lesbians in Uganda are often stoned to death.
The Refugee Division refused her claim because she was carrying a child when she arrived: a product of having been raped. Then they turned down her claim to stay in Canada on compassionate grounds because she had a second child in Canada, with a man.
Canada doesn't understand that if you live in a repressive country you may hide your sexual orientation; you may have a heterosexual marriage. And just like many Canadian lesbians with a husband and maybe children in their past, Ugandan lesbians may marry...and still be lesbians.
It is deeply distressing that Nanziri will be going back to Uganda to face the possibility of death for being queer, when Canada, a country that styles itself as supportive of queers, has sent her there.
The Nepalese government, responding to pressure from the LBGT community and a court case last year, has announced that citizenship documents will now provide an option to identify as a third gender.
The change was greeted with alacrity in the Nepalese queer communities, according to an online article in IBN Live (http://ibnlive.in.com/news/nepals-gays-lesbians-get-citizenship-status/261025-2.html)
It is interesting that in Nepal, being lesbian gay or bisexual, or being transgendered, are treated together; in North America (except for some First Nations) we treat sexual orientation and gender identity as separate concepts.
And it is interesting that Nepalese queers have argued for another category, as opposed to arguing that gender markers should be removed altogether. In pending human rights cases we are arguing that passports (and any other identity document that includes a photo) should have no gender markers.
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