Secret Garden Foundation
Oudeschans 2
1011 KX Amsterdam
Tel: (+31) 020 77 86 120 of (+31) 06 14 10 84 42
[email protected]
www.stichtingsecretgarden.nl
Project: "WE ARE FREE"
Introduction date: 27, 28 en 29 September 2012
Location: Mozeshuis / Mozes & Aäronkerk
Waterlooplein 205 / 207
1011 PG Amsterdam
Theme: Asylum Seekers
Date: Friday 28 September 2012
Time: 01.30 PM Discussion-group
03.30 PM theme-session
History (Activities of Secret Garden in the past two years)
In March 2009 Secret Garden received notification of asylum seekers who were being discriminated against,
threatened and beaten up in asylum seekers centers (ASC’s).
By then only a few trans genders and a few visibly gay men (with feminine behavior) were involved.
In the same period more asylum seekers came to Secret Garden with various stories of discrimination and
physical violence. This made us start an investigation.
Through people that came to us we got in touch with other gay, bisexual and trans gender asylum seekers,
both men and women.
All of them told their own story and it appeared that they had all been discriminated against at least ones
and that some had been beaten up because of their sexual orientation. According to the asylum seekers,
who participated in the investigation, the incidents had been reported to the staff of the ASC, but
unfortunately no further attendance had been given to it.
Secret Garden took the stories to the Central Reception of Asylum Seekers headoffice (COA) in The Hague,
but the department for reporting discrimination said that no incidents had taken place and no computer
registration at the local ASC’s had been done. So the issue was not solved and we had to come up with
something else to arrive at a positive solution.
One way was to make a documentary about the issue and make it known to the public. We asked victims to
tell their stories on camera. Obviously that was not easy for most of them, but a few asylum seekers
volunteered to participate in the documentary.
The documentary was ready in two weeks. During the 2010 Gay Pride we presented the film, followed by a
discussion about the subject in the presence of experts, asylum seekers and other interested people. After
the debate we held a demonstration, helped by the Amsterdam Amstelland police. Together the debate
participants walked from Waterloo Square to the Gay Monument.
Unfortunately we did not solve the safety issue of LGBT’s in ASC’s and no new initiatives/developments were
seen from politicians. Opening the discussion about homosexuality of asylum seekers is our main aim. Our
objectives are hindered when asylum seekers who have a chance to stay in the Netherlands, cannot talk
about their feelings. It will be more difficult for us to help newcomers to come out of the closet.
Stichting Secret Garden - Project "WE ARE FREE"-Inschrijving KVK: 34313512
Bank: ING Bank 3575087 - IBAN NL25INGB0003575087
Most of them came to the Netherlands precisely because they are not accepted in their own countries.
When they experience the same problems here, that will only cause more trauma’s. So politicians should
undertake action and for that purpose we composed a brochure called “VISIBILITY”, with pictures and stories
of asylum seekers and we have presented this material to Parliament on National Coming-Out Day. This time
the Media have given a lot of attention to our target group, especially to the safety of LGBT asylum seekers.
On 11 October 2010 Secret Garden presented the material to Mrs. Jetta Kleinsma, as a Labour Party MP
responsible for LGBT policies and on 26 October we again presented it to members of a special Parliamentary
Committee, Mrs. Khadija Arib of the Labour Party, Mr. Joel Voordewind of the Christian Union Party, and
Mrs. Sharon Gesthuizen of the Socialist Party. The committee members present at the presentation
promised to seriously look into the matter and on 31 January 2011 Mr. Gerd Leers, Minister for Immigration,
Integration and Asylum Affairs, decided to undertake a new investigation within the ASC’s.
As a result of an official communiqué regarding the situation in Iraq, which came out in December 2011,
Minister Leers has put all asylum requests of Iraqi LGBT’s on hold.
On 19 Januari 2012 Secret Garden again sent a letter and a new brochure to Minister Leers as well as a
sample to Mr. Hans Spekman, then MP of the Labour Party, on his own request.
Mr. Achmed Markouch, Labour Party MP, wrote in an email: “This has our full attention. Through the Media
we already asked the Minister to provide a status to Iraqi asylum seekers similar to Iranian asylum seekers.
We have urged him to adjust the official communiqué accordingly. My colleque Diederik Samsom (leader of
the parliamentary Labour Party) asked for a debate with the Minister to inquire about this issue and to point
out to him what risks the target group is running, if they are sent back to Iraq.”
On 8 May Secret Garden received a letter from Minister Leers saying: “I’m happy that you approve of the
changed policy regarding Iraqi gays. Same as you I think that the situation of gays in Iraq is precarious. This
has lead to the definition of homosexuals from Iraq as a vulnerable minority group. Recently we sent you
information about this in an official communiqué.
You sent me a brochure with stories told by LGBT asylum seekers. I thank you for that. I, and the Immigration
and Naturalization Service (IND) on my behalf, cannot dive into individual cases, unless the request comes
from the refugee him/herself or his/her attorney. I advice you to share these stories with the (former)
attorneys of the people involved, if you have not already done so, so that they can be involved in a current or
new procedure.”
Current situation
Minister Leers said: “The situation of lesbians, gay men, bisexuals and trans genders in Iraq is that serious
that they qualify for an asylum status in the Netherlands. But they must make it plausible that they indeed
are from Iraq and LGBT.”
The past months the IND has denied requests for asylum especially from LGBT’s. As a reason the IND said
that those asylum seekers were inveracious. Often LGBT’s from Iraq and Iran are detained in detention
centers.
Today’s state of affairs
During their stay in ASC’s LGBT’s are often confronted with discrimination, insults, isolation and violence.
Many asylum requests of this target group, that comes from various countries, such as Iraq, Iran, Egypt,
Palestine, Jordan, Pakistan, Algeria, Libya, Oeganda, Gambia, Siërra Leone, Senegal, Georgia, Estonia, Russia,
Azerbaijan and Colombia, are being denied while from their stories it is clear that they are in eminent danger
and that returning to their countries would mean a certain death. So it is not just about Iraqi and Iranian
LGBT’s. It is essential that residence permits are given to all LGBT’s from countries in which homosexuality is
forbidden and punishable.
What to do to improve the current situation?
Stichting Secret Garden - Project "WE ARE FREE"-Inschrijving KVK: 34313512
Bank: ING Bank 3575087 - IBAN NL25INGB0003575087
To improve the situation of asylum seekers, a new asylum policy should be developed with a clear standpoint
of the Minister for Immigration, Integration and Asylum Affairs, about the protection of LGBT asylum
seekers.
The following issues should get special attention.
Support
During the asylum procedure asylum seekers currently get no support by for instance COC (the national
association for gay people), Vluchtelingenwerk (refugee aid organisation) or Secret Garden. Subsequently
asylum seekers don’t get information about the progress of the procedure nor about their rights and
obligations. It is hence not possible for them to get well prepared.
Secret Garden desires that asylum seekers, prior to their first interview, are brought into contact with Secret
Garden or a similar organization, in order to receive information about the above mentioned issues.
Better reception
By now we know enough about what happens in ASC’s. Asylum seekers who fled from the danger in their
countries because of their sexual orientation, arrive at a potentially more serious situation in an ASC. The
danger can now come from a person living in a room next-door.
Secret Garden desires that asylum seekers, that start a procedure because of their sexual orientation, are
housed in a safe environment.
Financial support
Asylum seekers who started a procedure are financially unable to attend activities that Secret Garden
organizes for the target group. Hence they also lack the possibility to get information about various subjects
that are important for the target group and the possibility to tell their stories in a confidential atmosphere.
They are thus deprived of the possibility to get knowledge about subjects Secret Garden thinks to be
important for them. They also lack the possibility to get into contact with asylum seekers with similar
backgrounds and problems and there is a real risk of loneliness.
Secret Garden desires that asylum seekers get financial means to participate in the activities that Secret
Garden organizes for the target group.
Residence permit
A residence permit is always issued for a limited time. Before prolongation the current danger for the asylum
seeker in the country of origin is being assessed.
In view of the dangerous situation for LGBT’s in the countries of origin and the certainty that that will not
change for a long time, Secret Garden desires that residence permits are prolonged unconditionally.
Housing
All asylum seekers who are issued a permanent residence must be housed in one of the big cities. This will
prevent that they become isolated, due to lack of sufficient opportunities to get into contact with equals.
This might also prevent a former asylum seeker to get back into the closet, because he/she is afraid of
negative reactions from the neighborhood. On one side he/she feels different being a refugee and on the
other side the sexual orientation plays a role. This may lead to trauma’s with terrible consequences. Being
anonymous in a big city offers the best chance of successful integration in Dutch society.
Currently for Secret Garden most LGBT asylum seekers disappear out of sight. Just a small number stay
involved with Secret Garden in one way or other. Many admitted refugees choose to get back into the closet
and even to get married in order to feel safe in the Netherlands.
Stichting Secret Garden - Project "WE ARE FREE"-Inschrijving KVK: 34313512
Bank: ING Bank 3575087 - IBAN NL25INGB0003575087
Secret Garden would like ex-clients to stay active for Secret Garden and her clients. We want to support
them, e.g. by asking them to:
•
take part in self help groups;
•
provide a quid pro quo;
•
to attend an acclimatization course (inburgeringscursus) aimed at the integration of LGBT’s
(mandatory).
Stichting Secret Garden - Project "WE ARE FREE"-Inschrijving KVK: 34313512
Bank: ING Bank 3575087 - IBAN NL25INGB0003575087