INSTRUCTOR VERSION Persecution and displacement: Sheltering LGBTI refugees (Nairobi, Kenya) Learning Objectives 1) Learn about the scale of refugee problems and the issues involved in protecting refugees. 2) Recognize an often overlooked and hidden population of refugees and their unique protection needs, particularly in relation to shelter. 3) Become familiar with the actors who assist LGBTI and other refugees in camps and urban settings. 4) Compare available shelter options for LGBTI refugees, identifying the advantages and risks of each; detail how each shelter option enhances or impedes service provision and the dignity of the individual. 5) Discuss how isolation serves as both a protective measure and barrier to integration for LGBTI refugees. 6) Consider the ethical obligations of service providers to work with LGBTI individuals, and the obligations of the relevant communities and governments to protect LGBTI refugees. What Actually Happened Many Ugandan LGBTI refugees in Kenya were housed in existing refugee camps. This was recommended by UNHCR to comply with the government s encampment policy, which has been more strictly enforced over the last two years. It also placed the refugees closer to existing services. Note that, in some cases in Kenya, non-ugandan LGBTI refugees under extreme threat in camps do live in scattered urban housing and have their rent subsidized by an NGO. However, this occurs more rarely. Safe houses are not generally utilized in Kenya. There were a number of issues related to Ugandan refugees being housed in the camps. Because there are not typically Ugandan refugees in Kenya, other refugees knew they were LGBTI. The attitudes and capabilities of the staff members in assisting organizations were also problematic. The ensuing discrimination and violence from both refugees and humanitarian aid workers was widely reported in the international media. It is possible that the visibility of the Uganda refugees, as well as their numbers and cohesion as a group, helped ensure they were, to some degree, protected whilst living in a hostile camp environment. A working group comprised of UNHCR, the US Embassy, NGOs, and international organizations met on a regular basis to discuss their care. They also met regularly with the refugees to discuss challenges and identify potential solutions. The refugees were vocal with assisting organizations and strongly supported one another. In the end, because they could not viably return to Uganda or integrate into Kenya, the majority were referred for expedited resettlement to a third country.
Summary More than 16 million refugees exist on a global scale. According to the 1951 Refugee Convention Relating to the Status of Refugees and amendments in the 1967 Protocol Relating to the Status of Refugees, the term "refugee" applies to any person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it. 1 People s identities, whether self-proclaimed or perceived by others, based on culture, religion, country of origin, ethnicity, sex, age or other factors, affect their ability to access protection as refugees. One group that is among the most vulnerable in the world, and that can often be hidden from or overlooked by refugee aid workers, is refugees of diverse biological sex, sexual orientation and gender identity or lesbian, gay, bisexual, transgender and intersex (LGBTI) refugees. LGBTI persons become refugees when they flee their country of origin due to persecution of their biological sex, sexual orientation or gender identity in which case they are generally considered to have experienced persecution or have a well-founded fear of future persecution due to their membership in a particular social group or when they flee their country due to other violence or conflict. In forced displacement, LGBTI refugees are marginalized as both LGBTI persons and as displaced persons or foreigners. They face many challenges including discrimination, harassment, scapegoating, isolation, family and community rejection, physical and emotional abuse, and sexual and gender-based violence. Movement can be a high-risk experience, especially for same-sex families and transgender persons whose gender presentation does not match their official documents. After being displaced, LGBTI individuals must grapple with the loss of coping mechanisms they previously relied on, such as sensitive community members and health centers. The services provided to them in displacement by humanitarian actors may not be tailored to meet their particular needs, and the actors providing the aid and services or overseeing relief efforts may be discriminatory themselves. Additionally, official scrutiny of LGBTI individuals documents, bodies, families and identities may occur when they attempt to access humanitarian aid. Scrutiny may be carried out for the purposes of registration, categorization or tracking, and is often required for the provision of relief. This can place LGBTI persons at great risk, particularly if they relied on invisibility as a coping mechanism prior to their flight from their country of origin. Therefore, appropriate shelter that maintains privacy is critical to ensuring the safety, security, dignity, and wellbeing of LGBTI refugees. Numerous factors must be taken into account when considering what constitutes appropriate shelter, including safety and security, isolation, housing quality, access to appropriate sanitation facilities, access to safe and timely receipt of food and non-food aid items, access to other services, and the budgetary constraints of the organizations and donors who may be funding the housing. 1 UNHCR (n.d.) Refugees. Retrieved from: http://www.unhcr.org/pages/49c3646c125.html. p. 2
Background Kenya hosts a population of more than 530,000 refugees. The majority originate from bordering Somalia, which is deeply conservative and has been engaged in a civil war for more than 20 years. Most Somali refugees in Kenya are in a protracted displacement situation. Smaller numbers of refugees in Kenya originate from countries across Africa that have experienced conflict and insecurity in the past decades. In early 2014, neighbouring Uganda passed legislation that broadened the criminalization of same-sex relationships. The new law allowed for a sentence of life in prison and mandated that neighbors, friends, and family members of individuals who engage in same-sex conduct turn the individuals in to the police or face a jail sentence themselves. Although the law was overturned as invalid six months later, the remaining law criminalizing same-sex relations still allows for up to 14 years in prison, and the government of Uganda has pledged to reinstate the stricter law soon. Kenya does not require visas for Ugandans to enter and has a strong international aid presence. For that reason, dozens of LGBTI persons have fled across the border. One of those refugees is David. David grew up in a small village in Uganda. He knew he was different from a very early age. When he was old enough to work, he migrated to Kampala, where he felt the relative anonymity of the city allowed him to discreetly be himself. He rarely saw his family during those years and kept his personal life secret. A year ago, a neighbor walked in on David and his partner while they were in an act of intimacy. The neighbor called the police, and David and his partner were arrested. A friend of David s bribed the police to let him go and helped him flee Uganda to Kenya. They were unable to secure the release of David s partner, who remains in detention. David is now living in Nairobi in an informal settlement, relying on assistance from other LGBTI refugees. He suffers from health issues related to the physical and sexual assault he sustained in detention and requires urgent mental health support in coping with separation from his partner. Because Uganda is a relatively peaceful country, citizens and refugees in Kenya are aware that refugees like David are likely LGBTI. LGBTI relationships and individuals are criminalized in Kenya, but there have been few arrests and no convictions in the past several decades. However, the existence of criminal laws creates an atmosphere of impunity for security entities and local communities. Both the local community and the existing refugee populations in Kenya are religiously conservative and generally intolerant of LGBTI persons. Increased visibility coupled with a conservative atmosphere means that security risks for LGBTI refugees in Kenya are high. Refugees in Kenya also face restrictions on their ability to travel, work, and access local services. Nearly all refugees reside in one of two massive refugee camps, Dadaab and Kakuma. Smaller numbers of refugees reside in cities. This is accompanied by risk, however, since it is technically against government policy for refugees to reside outside of camps. Refugees face raids, arrest, and detention if caught residing in urban centers. LGBTI refugees from Uganda who have migrated to urban areas have grappled with isolation, limited access to services readily available in refugee camps, stigmatization from local communities, and discrimination from landlords. Those who have migrated to refugee camps have experienced harassment and violence from other refugees, as well as discrimination from the persons designated by organizations and the Kenyan government to distribute aid. p. 3
David and other representatives of LGBTI refugees from Uganda have approached the Office for the UN High Commissioner for Refugees (UNHCR) and requested a formal resolution to the problem of protection in the current environment, particularly in relation to their shelter needs. They wish to have appropriate housing and sanitation facilities and safe and effective means of claiming refugee status, seeking assistance and receiving basic goods and services without experiencing violence or insecurity in either the refugee or local host communities. They also want a durable solution to their situation. In particular, they are asking for resettlement to a country such as the US or Canada. In the short term, LGBTI refugees are in need of safe and dignified shelter. From their perspective, safe and dignified shelter should be in a location where they can easily access goods and services, including aid items, employment, and health care; should allow them to be shielded from undue attention, harassment and attacks by other refugees, local community members or police forces; and should place them in reasonable proximity to service providers should they have issues or need assistance. The housing should be subsidized or affordable and offer suitable sleeping quarters and sanitation facilities for single LGBTI persons, same-sex families, and individuals whose gender expression may not fit mainstream expectations of men and women. Actors & Institutions UNHCR: The Office of the United Nations High Commissioner for Refugees was established on December 14, 1950 by the United Nations General Assembly. The agency is mandated to lead and coordinate international action to protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights and wellbeing of refugees. It strives to ensure that everyone can exercise the right to seek asylum and find safe refuge in another state, with the option to return home voluntarily, to integrate locally or to resettle in a third country. 2 When governments request assistance, UNCHR provides a range of services to refugees, including registration, refugee status determination (RSD), information services and resettlement referrals to third countries. It also works with a range of entities to ensure the security of refugees. UNHCR has an office in each refugee camp, but its staff members are not present after dark. Government of Kenya: The government of Kenya is a signatory to the 1951 Refugee Convention and the 1969 OAU Refugee Convention and has supported large refugee populations for several decades. It has enacted a refugee law and delegated registration, RSD and refugee protection to UNHCR. Representatives of the government are posted in each refugee camp in the form of the camp manager and camp management staff members who maintain infrastructure and oversee aiding NGOs and security forces that work within each camp sector and surrounding communities. While government officials have been generally tolerant of the large numbers of refugees living within camps, they are at times intolerant of refugees who move to urban areas and discourage any activity that is deemed inappropriate by local communities or national law. Sunrise Ministries (NGO): Sunrise Ministries oversees a safe house in an urban center. It serves as a shelter for local victims of domestic violence. On occasion, the organization has worked with UNCHR to provide shelter to a particularly vulnerable refugee who is facing violence in the camp environment. Note that the organization has a religious affiliation, and the safe house primarily provides shelter for women and children. 2 UNHCR (n.d.) What we do. Retrieved from: http://www.unhcr.org/pages/49c3646cbf.html. p. 4
Landlord M: Landlord M owns apartment buildings across the capital city. In the past, he has provided housing to UNHCR for particularly vulnerable refugees. The buildings he owns are primarily in poorer neighborhoods and informal settlements, which means they are cost effective for refugees but lacking in quality. US Government: The US Embassy in Nairobi has offered to provide funding to UNHCR and its partners to secure the safety of LGBTI refugees from Uganda. The financial assistance will be limited, and the Embassy has requested a proposal that includes a timeline and durable solutions for the refugees. The Decision You are a human rights advocate working with assisting organizations, including UNHCR, to determine the best shelter option for LGBTI refugees in Kenya. Your options are as follows: 1. House the individuals in the Dadaab or Kakuma refugee camp with refugees from the same and different nations. In many areas of the world, camps increase refugees visibility and therefore the potential for harassment, abuse, and violence by other refugees. Despite the risks, camps offer access to services from UNHCR and partners, including counseling, interviews for RSD and resettlement, information sessions, livelihoods support, and health care. Refugee camps may or may not offer better housing and sanitation facilities than what the refugee would access in urban areas. This depends on the needs of the refugee particularly with regard to sanitation facilities and the context of the camp. If you choose the refugee-camp option, you should determine the safest location within the camp for LGBTI refugees and how they will remain secure and access goods and services in a dignified manner. 2. House the individuals in scattered urban locations among local communities. This option provides improved housing opportunities, increased invisibility for the refugee, greater distance from other potentially harmful refugees, and the opportunity for the refugee to work and be self-sufficient. However, this type of housing may result in isolation, difficulty accessing services, and harassment or abuse from landlords and neighbors. It may also lead to sex work if employment opportunities are scarce due to placement in an isolated location. If you choose the scattered urban location option, you should recommend how to ensure the refugees safety and security as well as the delivery of goods and services. Additionally, you need to determine whether or not you will inform the landlord that the individuals being housed in the apartments are LGBTI. 3. House the individuals in confined and shared safe houses. This option ensures adequate housing separated from other refugees who may seek to harm them, on-site security to respond to issues with neighbors, fair aid distribution, and the possibility of service providers visiting refugees on site. However, past experiences have demonstrated that safe houses may be vulnerable to raids and violence from both government and nongovernment entities and may result in isolation and depression for those who cannot leave the house. Refugees living in safe houses also generally have no means of selfsufficiency, so they rely on aid from either an international organization or the government. Because safe housing needs can extend for long periods of time, this option may be financially unsustainable. If you choose the safe house option, you should specify how you will ensure the safety and security of the refugees as well as their long-term dignity and health. p. 5