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Foreword – A Message to Canada from HRDs Abroad

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Overview

Overview

In order to truly become a global leader on the rights of LGBTQI+ people, Canada must support those fleeing persecution on the basis of Sexual Orientation, Gender Identity and Expression, and Sex Characteristics (SOGIESC) by developing a policy on Internally Displaced Persons (IDPs) that includes Human Rights Defenders (HRDs).

In 2019, 79.5 million people were forcibly displaced worldwide due to “persecution, conflict, violence, human rights violations or events seriously disturbing public order.”1 Of these, over 50% were IDPs.2 According to UNHCR, Iraq, South Sudan, and Syria have some of the largest numbers of IDPs.3 They are also home to some of the harshest laws and practices criminalizing homosexuality, where persecution on the basis of SOGIESC is overt and widespread.

The global COVID-19 pandemic has only exacerbated this situation. Global efforts to contain COVID-19 through lockdowns and border closings have only compounded the impact on those fleeing persecution and seeking refuge. The pandemic continues to disproportionately affect LGBTQI+ individuals around the world.4 As commonly occurs during times of crisis, Rainbow Railroad has witnessed a spike in state-sponsored violence and persecution and in hostility from local communities who blame the novel coronavirus on LGBTQI+ people.5

Particularly concerning are instances of police abuse and brutality enacted under the guise of enforcing COVID-19 quarantine measures. Though the overwhelming majority of forcibly displaced persons are IDPs, they are not entitled to the same international protections as those who seek refuge across international borders.6 While Canada continues to lead the way in global refugee resettlement,7 its policies do not include IDPs.

Canada must continue to be a leader in protecting the most vulnerable individuals globally by creating a dedicated IDP stream and by adopting a policy on Human Rights Defenders (HRDs) that reaches in-country advocates.

To help articulate the need for an HRD and IDP policy, Rainbow Railroad consulted key HRDs and LGBTQI+ activists including:

• Steve Letsike (South Africa), the Executive Director of ACCESS CHAPTER 2 and Vice-Chair of The Commonwealth Equality Network (TCEN)

• Ernesto Zelayandía-González (El Salvador), a human rights lawyer, who formerly worked for Human Rights Campaign (HRC) Global Division, International Organization for Migration (IOM), and the Inter-American Commission on Human Rights Rapporteurship on the Rights of LGBTI Persons

• Katsiaryna Borsuk (Belarus) of Kaleidoscope Trust and formerly of Front Line Defenders, with lived experience as a HRD under a temporary relocation mechanism

Consensus from these experts is that an HRD policy and an IDP policy are necessary components in the global struggle for LGBTQI+ rights. Together they send the following message to the Government of Canada:

(i) Demonstrate leadership

Twenty years after the ONHCR adopted the Declaration on Human Rights Defenders,8 and despite greater awareness and visibility internationally, the situation is deteriorating for HRDs, with killings reaching unprecedented levels. Though a range of mechanisms have emerged, including those providing temporary relocation, the international system has limited options to crisis response or refugeecentred responses.

Canada must develop long-term strategies to promote SOGIESC human rights and equality globally. Given the extremely limited funding available globally, Canada should provide financial resources to directly assist groups and organizations, and practical support for at-risk HRDs up to and including evacuation and resettlement.

“Canada has a great history in defending human rights and LGBTQI+ issues. A lot of countries look up to Canada to be a leader in terms of human rights especially in international fora. If Canada implements this scheme, other countries might follow. We need more support for HRDs.” –

ERNESTO ZELAYANDÍA-GONZÁLEZ

“Canada does not have many missions in our region, but they can coordinate with other missions and NGOs, to ensure a collective and coordinated approach to promoting human rights and supporting HRDs. It would be beneficial to promote strong relationships between diplomats and HRDs in the long term.”

Borsuk

“We often say one step forward, two steps back, but the reality of LGBTQI+ activism is often one step forward may trigger a vicious crackdown or counter response. Personally, I was arbitrarily detained while participating in a legitimate and peaceful capacity-building seminar with local human rights defenders in Tanzania. I have observed such violations at close quarters. We always remain ready and alert for the next counter-response whether in this region or globally. In recent years, we have lost some of our most reliable allies following changes in leadership in Brazil and the US. For this reason, we rely all the more so on our remaining partners. We need them to demonstrate leadership not despite the global context but because of it. For this reason, I welcome Prime Minister Trudeau’s scheme and Canada’s continued leadership on human rights and equality. It may well prove to be a vital and even life-saving mechanism for human rights defenders at risk, especially those who are LGBTQI+.”

(ii) Provide safety

Existing protective mechanisms focus on temporary relocation, which while life-saving may not provide effective or sustainable support for HRDs in danger. In such circumstances, HRDs seeking asylum have spent years in asylum processes, experiencing uncertainty, poverty, and other barriers to continuing their activism. Resettlement-centred approaches that focus on long-term solutions over temporary relief, such as the policy proposed by the Canadian government, Canada’s proposed HRD policy, should be afforded greater attention and promote best practice among states globally. These mechanisms should be created and implemented in consultation with civil society and HRDs and respond flexibly to the needs of those most at risk.

“There are HRDs who are visible in communities where civil society is close-knit and knows each other well. At the same time, there are community leaders who are in danger because of their activism but are not prominent in the mainstream.”

ERNESTO ZELAYANDÍA-GONZÁLEZ

“Though well-meaning, schemes for human rights defenders can actually be oppressive, dehumanizing and result in isolation, guilt, shame, and poverty. It is important to pay special attention to HRDs and their needs. For those who have sought asylum as HRDs, they can face prejudice, disbelief, and even detention; some colleagues have spent years waiting for a decision and others have felt compelled to hide their sexuality or gender identity due to discrimination or fear of violence. Civil society has to play a role in the design and implementation of a policy but also in providing services which do not exist within such schemes. This includes organizations on the ground, credible regional organizations and international NGOs, to ensure those who are at risk and in need have access and support. The voice of civil society is vital; it can be the case that HRD communities exclude or marginalize LGBTQI+ groups and activists.” – KATSIARYNA

BORSUK

(iii) Continue to combat violations and impunity

LGBTQI+ people continue to face widespread discrimination and violence globally. In some countries and regions, the situation is rapidly deteriorating with LGBTQI+ communities being targeted in both community and state-led crackdowns. Relatedly, harassment and targeting of HRDs is increasing. These issues should be afforded greater attention in regional and multilateral institutions, and the culture of impunity surrounding SOGIESC human rights violations must end. Canada must be willing to provide quick and immediate solutions for LGBTQI+ persons facing persecution in their countries, including providing (a) effective diplomacy, (b) support to HRDs on the ground, and (c) solutions to immediately evacuate persons at high risk to Canada.

Executive Summary

While Canada has taken on a leadership role in global refugee resettlement, the tools in place to address the staggering number of internally displaced persons or asylum seekers are insufficient. A new resettlement policy for HRDs would provide an opportunity to overcome some of these barriers.

This proposal is divided in three parts:

Part 1: Building an Immediate Solution for SOGIESC HRDs presents two requests in response to the Minister’s Mandate Letter (2019) on developing a dedicated stream to protect human rights defenders;

Part 2: Building a Long-Term Solution for SOGIESC IDPs presents two additional requests to address how Canada can build protection mechanisms for internally displaced persons and enhance its Urgent Protection Program;

Part 3: The case for partnership with Rainbow Railroad.

Part 1: Building an Immediate Solution for SOGIESC Human Rights Defenders (HRDs)

IRCC is set to introduce a dedicated stream to resettle 250 at-risk human rights defenders. The following requests will allow the HRD policy to successfully fulfill its mandate.

1. Include spaces specifically for SOGIESC HRDs

Building this policy using Gender-Based Analysis Plus (GBA+) means recognizing and reflecting that those doing gender-based advocacy, and SOGIESC advocacy especially, are some of the most at-risk groups with the greatest need for protection.

2. Extend protection beyond refugees and factor IDPs

In order for the proposed mechanism to reach those with the most urgent protection needs, it must apply to those who are in-country as well. Recognizing the systemic barriers that prevent SOGIESC asylum seekers from becoming refugees must be paired with positive mechanisms to address them.

Part 2: Building a Long-Term Solution for SOGIESC Internally Displaced Persons (IDPs)

Existing resettlement mechanisms fall short for some of the most vulnerable populations globally. The following requests will help the Urgent Protection Program fulfill its current mandate. The proposed creation of a dedicated stream for the internally displaced will restore the Temporary Resident Permit and Ministerial discretion measures to their intended functions.

3. Make SOGIESC NGOs and CSOs such as Rainbow Railroad referring partners of the Urgent Protection Program

To improve the Urgent Protection Program as it currently functions, the government should partner with SOGIESC organizations such as Rainbow Railroad that have the best knowledge of SOGIESC Country of Asylum Class refugees and their specific needs.

4. Build and fund a dedicated stream for IDPs that is universally applicable

Rather than attempting to maneuver protection pathways for the internally displaced into resettlement pathways and mechanisms not built for them, we instead propose that the government create a dedicated IDP stream. The Temporary Resident Permit and Ministerial discretion under Section 25 are supposed to be used only in the most exceptional circumstances, but they are currently functioning in place of a desperately lacking systems response for IDPs. Creating a dedicated IDP stream would restore the TRP and Ministerial discretion measures to their intended functions.

Identifying IDPs from a designated list of source countries does not reflect the lived reality of SOGIESC asylum seekers: homophobia, biphobia, and transphobia are global phenomena. A universal policy would ensure that protection needs, rather than country qualifiers, are the determining factor.

Part 3: The Case for Partnership with Rainbow Railroad

5. On HRDs and IDPs – Create a referring partnership with SOGIESC NGOs and CSOs such as Rainbow Railroad

A successful implementation strategy for both policies should be based on the partnership model used internationally. Using a partnership model to inform how and from where individuals are selected for this stream would allow the policy to respond to the greatest protection needs wherever they may be.

SOGIESC NGOs and CSOs are connected to at-risk HRDs in ways that referring partners such as UNHCR simply are not. Organizations such as Rainbow Railroad must be empowered in a partnership role to identify and refer candidates.

Rainbow Railroad has the capacity, skills, expertise, and partnership experience to execute the strategy, and is more than happy to cooperate and adhere to specific criteria set by policy officials.

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