The guidelines state that “Questioning an individual about their SOGIE (sexual orientation and gender identity and expression) can feel intrusive and may be difficult for the individual concerned. Questioning should be done in a sensitive, nonconfrontational manner. Open-ended questions should be employed where appropriate.” They continue that “the guideline’s intended goal is to promote a greater understanding of the diversity and complexity of the situation of individuals with diverse SOGIE; establish guiding principles for decision-makers in adjudicating cases involving them; and provide parties with a clearer understanding as to what to expect when appearing before the IRB (institutional review board)”. Clearly this is a big issue, about 13% of claims of asylum relate to SOGIE and these claims have a higher rate of approval than the average.
The guidelines have been issued in response to claims that too often adjudicators rely on outdated or untrue stereotypes of LGBTQ+ people. They include the message that adjudicators that they should not assume LGBTQ+ people:
• Have feminized or masculinized appearances or mannerisms;
• Share the same dynamics and characteristics across cultures;
• Have had same-sex sexual experiences or relations;
• Have refrained from heterosexual sexual experiences or having children;
• Would actively participate in LGBTQ culture in Canada, including frequenting gay-predominant areas and social establishments or join community groups.
These are excellent starting points and will hopefully make the process more just and fair. As we see an increasing amount of homophobia from Moscow, and perhaps a reduced feeling of an obligation to help people coming from Washington DC, this issue is only going to be become broader and more pressing. I am interested in the perspective of our audience. What would you put on your guidelines and why? Furthermore, if you had to leave your home due to persecution where would you go?