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Following the Queer
Railroad to Canada (February 17, 09)
Iran's gay refugees face
many obstacles in gaining asylum
Nadim Roberts
MacgilleTribune, Montreal
 Few
will forget Iranian President Mahmoud Ahmadinejad's response during an
appearance at Columbia University on September 24, 2007, when asked about
the persecution of homosexuals in Iran.
"In Iran, we don't have homosexuals like in your country," said
Ahmadinejad. "We don't have that in our country. In Iran, we do not have
this phenomenon. I don't know who's told you that we have it."
Although Ahmadinejad skirted the question, several human rights groups and
the United Nations have documented that in the Islamic Republic of Iran,
homosexuality is punishable by death. Since the 1979 Islamic revolution,
many executions have been reported, as well as countless cases of torture
and abuse. However, according to Arsham Parsi, a gay refugee from Iran and
founder of the Iranian Queer Railroard, an organization that assists queer
Iranians in finding asylum in the West, this persecution goes beyond the
government.
"It's not all about government, it's mostly about society and culture," he
said. "Families will not accept [homosexuals]. The government may have the
death penalty, but society is not educated about diversity, not about
religion, or cultures. The government does not create a safe space for
queers, and there can be honour killings."
Parsi provided a specific example to illustrate this point.
"In the city of Rasht, a father burned his 18-year-old son to death when
he found out he was gay," Parsi said. "It's killing just to save the
family's honour, and the Ministry of Justice won't do anything."
Parsi, like many other gay refugees, fled Iran for fear of losing his
life. While in Iran, Parsi was doing advocacy work in the queer community,
including building support groups for gays and lesbians and aiding in
HIV-related studies. Such advocacy work, although done in secret, is still
watched closely by the Iranian government, an Islamic theocracy. As a
result of growing concern for his safety, Parsi left Iran and registered
as a refugee at the office of the United Nations High Commissioner for
Refugees in Ankara. Many gay refugees fleeing Iran end up in countries
such as Turkey, Pakistan, and India before the commissioner accepts their
cases. This process can take years, and is often a traumatic experience
for gay refugees leaving Iran.
"The most
difficult part of living in Turkey is the waiting," Parsi said. "Most of
the refugees that come have to wait two to three years in a small
apartment. In Turkey, India, or Pakistan, they cannot go out, because they
are beaten. The police won't do anything for them. They have to stay at
home, they don't know what they should do, and have no friends. It is
extremely hard. Whenever they call the UNHCR or Canadian embassy, they
tell them to wait. These places are not gay-friendly.
Arriving in Canada
Even after the wait in Turkey is over, the journey has just begun for many
of these gay refugees. Inland refugee claims made at airports and border
crossings are determined based on their eligibility according to an
officer of Citizenship and Immigration Canada. There are five grounds on
which one can claim refugee status according to the United Nations
Convention Relating to the Status of Refugees. According to Article 1 of
the Convention, a refugee is defined as "a person who owing to a
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."
According to the wording of Article 1 of the Convention, homosexuals
belong to particular social groups, and must make a claim based on this
grounding. If the claim is seen as eligible, the claim will then be
referred to the Immigration and Refugee Board, an independent
quasi-judicial tribunal that is responsbile for applying to the Canadian
federal Immigration and Refugee Protection Act and making decisions on
matters related to immigration and refugees. The IRPA, which was passed by
Parliament in 2001, replaced the Immigration Act of 1971 as Canada's
federal legislation regulating immigration.
"The IRB has experienced a significant increase in the number and
complexity of refugee claims in recent years," said Brian Goodman,
chairperson of the IRB. "The IRB received about 21,000 claims in 2005 and
almost 28,000 in 2007. By the end of October 2008, we had already received
almost 29,000 new claims."
Because of the
increasing number of claims being made, there has been a backup in hearing
cases-some of which may not be heard for at least a year.
A just hearing?
During IRB hearings, gay refugees must prove that they are gay. Those who
are unable to do so are deported back to their home countries. The
one-person panel of the IRB must decide whether or not a person is
homosexual. Many gay refugees, particularly those from Iran, have had to
hide their sexuality for decades. Proving to someone that they are gay can
pose an extreme challenge.
"I have a case here in Toronto, where a queer man was interviewed [by] a
judge," Parsi said. "The judge told him you are Muslim, and how can you be
Muslim and homosexual? He denied him asylum, and wanted to deport him. To
avoid being deported, he married another gay man."
With the burden of proof being laid upon gay refugees, many are unable to
prove their sexual orientation and thus face deportation.
"I don't know how a judge can decide in two hours whether this person has
a right as a refugee or this person does not," said Parsi. "They need to
sit down with them, learn their story, to even arrange a counselling
session or a psychologist to sit down with them to figure out what is
happening."
According to Parsi, the Canadian government's immigration and refugee
policies are leagues ahead of many other countries, but there is still
room for improvement. Currently there are 40 gay refugees in Turkey that
have been waiting over a year for interviews.
"There is a need to change, and I volunteered to do this. Still now, I
can't forget what is happening in Iran to my fellow queer Iranians. It's
not my job responsibility, it's my heart's responsibility, an emotional
one, that I feel I have to help them. We have to appreciate the Canadian
government for their support, but we need more space,"Parsi said. |
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