Human Rights Defender Case Verification Process

Introduction

This report outlines the verification process for Human Rights Defender (HRD) cases by Rainbow Railroad intake caseworkers. This document describes howRainbow Railroad’s vetting process aligns with the HRD stream’s definitions and criteria for referral. Requests for help received by Rainbow Railroad undergo thorough verification through civil document review, risk assessment and screening interviews to confirm identity and credibility. Cases move from an initial receipt of request for help or direct referral, to an email screening and evidence collection stage, to the interview and case summary stage with our Intake Casework Team. From this point applications that have been flagged as potential HRDs by the Intake Team, assigned to caseworkers. Caseworkers perform an indepth credibility assessment including conducting another interview, this one is specifically for HRDs, checking the case individual’s references, and working with the individual to complete their application. The application is then submitted for review to the Program Manager responsible for the HRD Stream and then final review goes through the Head of Programs before the case is submitted for consideration.

Receipt of Request for Help

RainbowRailroad utilizes a dual identification approach:

1.Direct referrals of case individuals via established field partner organizations.

2.Centrally submitted requests for help that are verified with the assistance of field partners where applicable. Local organizations, initiatives, activist groups, and human rights defenders with country and regional expertise are integral to both our identification and verification processes.

Rainbow Railroad’s online request for help webform gathers the initial request for help narrative as well as basic demographic and sexual orientation, gender identity, gender expression and sex characteristics (SOGIESC) information that begins the screening process. Individuals who indicate LGBTQI+ identity, currently reside in a country that does not protect LGBTQI+ rights, and/or do not have status in a country that protects LGBTQI+ rights, are moved to the second stage of verification.

This screening stage allows case individuals (CIs) to share their experiences of persecution based on their LGBTQI+ identity or activism as human rights defenders. If, at this stage, individuals self-identify as an HRD or have experienced risk based on their perceived activism, intake caseworkers flag their case for review in the HRD stream. Our records management system allows for flagging potential HRD cases for in-depth review at any point in the verification process.

Caseworkers follow the HRD definition provided by Protect Defenders, wherein a “human rights defender” is a person who, individually or in association with others, promotes or strives for the protection and realisation of human rights and fundamental freedoms at the national or international levels. Intake case workers assess for 2 main criteria in the request for help and subsequent emails:

1.The CI describes persecution they faced as a direct result of their activism work. For example, the CI describes being attacked by government forces at a protest; or,

2.The CI describes persecution they have faced as a result of being perceived as an activist. For instance, waving a rainbow flag in public has been interpreted by discriminatory governments as activism for LGBTQI+ rights. To flag such cases as potential HRDs, caseworkers analyse CI narratives from a queer lens. In Rainbow Railroad’s experience, there are many cases where any expressions of, or expressions of support for, non-normative gender identity or sexuality are considered acts of protest in and of themselves.

Importantly, in both instances, individuals describe risks they face which are directly related to their human rights activism.

It is essential to analyse the actions case individuals describe in this way, because, according to the Office of the High Commissioner for Human Rights’ Fact Sheet 29, HRDs are identified by what they do, and not by a formal occupation or position. Their human rights activities may be in a full-time or part-time, paid or unpaid, formal or informal, and professional or private capacity, and they need not self-identify as an HRD.

Email Screening and Evidence Collection

Intake caseworkers communicate with CIs through email and instant messaging to gather personal history, assess riskand safety concerns, determine eligibility for referral to internal RainbowRailroad programs, and assess eligibility for referral to the HRD stream.

Using standardized email templates, the email screening stage is an opportunity for intake caseworkers to gather information in the following areas:

A.demographic and contact information

B.accompanying family information

C.history of risk/violence due to LGBTQI+ identity

D.current risk factors and fear of persecution due to LGBTQI+ identity

E.history of risk/violence due to human rights activities

F.current risk factors and fear of persecution due to human rights activities

G.history of migration (nationalities; country of origin; travel history; past/current visas; refugee status)

H.employment history and work related to human rights

I.current financial needs

J.current/past health and mental health concerns

K.involvement with UNHCR

L.prior attempts to seek safety

M.existence of durable solutions

N.admissibility eligibility

O.involvement with LGBTQI+/human rights organizations

Throughout the email screening phase, Intake Caseworkers assess CI's readiness and eligibility for referral to the HRD stream. CIs are asked to submit evidence to confirm their identity and support their claims of threats and protection risks.

The following items are accepted as identity documents in accordance with Protect Defenders’ eligibility requirements: Identity Documents:

A.Passports

B.Travel Documents

C.UNHCR Registration

D.National IDs

E.Driver’s Licence

F.Marriage and birth certificates

The following items are requested as evidence of threats and protection risks:

LGBTQI+ identity/ persecution

• Narrative testimony from CI consistently detailing their experience.

• Narrative testimony from CI's family and friends.

• Signed and dated support letters from friends, partners, employers, confirming LGBTQI+ identity.

• Media reports corroborating the CI's claims regarding the situation on the ground and/or identifying the CI individually.

• Social media profiles and online output corroborating the CI's claims regarding the situation on the ground and/or identifying the CI individually.

• Screenshots of CI following LGBTQI+ social media content and engagement with LGBTQI+ specific digital media applications.

• Photos of CI with past/present partners.

• Screenshots of text conversations with CI and past/present partners confirming LGBTQI+ identity.

• Documentary evidence of organizational affiliation including membership documents with LGBTQI+-focused or engaged organizations.

• Narrative evidence of organizational affiliation including membership documents with LGBTQI+-focused or engaged organizations from organizational leadership.

• Video evidence of the CI's experience with anti-LGBTQI+ persecution and violence.

• Documentary evidence of CI's work experience including letters of employment, notices/warnings from employers demonstrating LGBTQI+based prejudice, notices of dismissal.

• Documentary evidence of the CI's experience with anti-LGBTQI+ persecution and violence including medical reports, prescriptions, pharmaceutical drug receipts.

• Documentary evidence of state level persecution: summons, arrest warrants, police reports, court documents , judicial decisions, other judiciary court documents, as well as informal alternatives i.e. Taliban orders to families calling for the arrest of LGBTQI+ individuals in the community.

Human rights defenderrisk

• Narrative testimony from CI consistently detailing their experience.

• Narrative testimony from CI's family and friends.

• Signed and dated support letters from friends, partners, employers, confirming CI's HRD work/persecution.

• Media reports corroborating the CI's claims regarding the situation on the ground and/or identifying the CI individually.

• Social media profiles and online output corroborating the CI's claims regarding the situation on the ground and/or identifying the CI individually.

• Screenshots of text conversations with CI's HRD colleagues

• Documentary evidence of organizational affiliation including membership documents with human-rights focused or engaged organizations.

• Narrative evidence of organizational affiliation including membership documents with human rights focused or engaged organizations from organizational leadership

• Video evidence of the CI's experience with anti-activist persecution and violence.

• Documentary evidence of CI's work experience including letters of employment, notices/warnings from employers demonstrating activism-based persecution and violence.

• Documentary evidence of CI's experience with anti-activist persecution and violence including medical reports, prescriptions, pharmaceutical drug receipts.

• Documentary evidence of state level persecution: summons, arrest warrants, police reports, court documents, judicial decisions, other judiciary court documents as well as informal alternatives i.e. Taliban orders to families calling for the arrest of HRDs in the community.

• Narrative evidence of organizational affiliation including membership documents with human rights-focused or engaged organizations from organizational leadership.

• At least 2 reference letters from credible human rights organizations.

This phase of information gathering is important from a credibility assessment perspective of both the individual’s LGBTQI+ identity, and their human rights defence work. This stage is also vital for performing an initial needs assessment for the individual, and connecting them with basic needs, non-monetary, and specific mental health support through Rainbow Railroad directly.

Additionally, beyond referring case individuals and aiding in the credibility assessment of cases identified through our central system, this is where local partner organizations also provide vital support for the individuals themselves. This can take the form of basic needs, non-monetary, and specific mental health support.

Interview and Case Summary

Upon receipt of sufficient identity documentation and supporting evidence, a video interview is conducted to verify the identity and credibility of the individual. Intake caseworkers assess for credibility by noting any inconsistencies in timelines and stories, as well as non-verbal cues. Each CI must complete at least one video interview and may be contacted for further verification by phone or video call.

Rainbow Railroad intake caseworkers assess credibility in line with current recommendations to the UNHCR by the 2021 Global Roundtable on Protection and Solutions for LGBTIQ+ People in Forced Displacement, "Assessing credibility on the basis of an individual, balanced, intersectional and holistic evaluation of all the evidence submitted by the claimant (including their testimony and other corroborative evidence) and other available evidence (such as Country of Origin Information), placing due value on the claimant’s self-identification, without expectations of ‘emotional journeys’ or reliance on culturally unsound and inappropriate stereotypes, and respecting the principle of the benefit of the doubt."

The verification interview also serves as an opportunity to obtain any additional information not covered in the initial email screening assessment. All verification interviews are conducted from a queer-centred trauma-informed lens. In addition to information collection and credibility checking, this interview assesses urgent mental health needs and may involve safety planning with CIs where needed.

Intake Verification Interview Questions:

• Before Rainbow Railroad can provide support, we need to verify the identity and story of every person asking us for help. The questions I am going to ask you will help Rainbow Railroad to verify your case.

• All information will be kept confidential, and everything you say will only be used to verify your case. Rainbow Railroad will not share your story with anybody outside of the organization.

• Despite our best efforts, I cannot guarantee that we will be able to help you, but what you tell me in this interview will help us to process your case and decide whether we will be able to help you. However, I can’t make any promises today.

• I will have to ask you some very personal questions about your sexual orientation and your history of violence and persecution. If you feel uncomfortable or don’t want to answer any of the following questions, please let me know.

Based on both the email screening narrative answers submitted by CIs, as well as the verification interview, intake caseworkers write a brief summary of the case and move the file into the HRD case queue for an HRD caseworker to continue processing.

Caseworker Assessment and HRD interview

As mentioned above, Rainbow Railroad conducts two standard interviews for HRDs. First, we conduct a standard verification interview by the Rainbow Railroad Intake Team, followed by an HRD specific interview by an HRD caseworker for those who have been flagged as potential HRDs. The HRD interview questions are included below.

Once a case is passed to an HRD caseworker, prior to the HRD-specific interview, they will attempt to get in touch with the 2 referral organizations, or if possible, work with the referring organizations directly to validate the references provided.

whether the CI is eligible for HRD protection under the HRD stream framework, and work with case individuals directly to move their application forward.

Upon completion of the application, the case is then submitted for review to the Program Manager responsible for the HRD portfolio, who then submits the case to the Head of Programs, who makes the final decision to submit the case for the HRD stream.

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