Fleeing the closet: Inclusive refugee programs and LGBTQ policy in the asylum seeing process

In 1951, The United Nations Refugee Convention established asylum for those with a “well-founded fear of being persecuted” based on membership in a “particular social group”, yet many countries today continue to actively discriminate against individuals seeking asylum on the basis of their sexual orientation and/or gender identities. In an effort to distance themselves from the discrimination and criminalization that exists in their home countries, many lesbian, gay, bisexual, transgender, and queer (LGBTQ)-identifying individuals seek safety as asylees abroad. This research examines the extent to which accepting asylum protocol as well as protections and rights offered to sexual and/or gender minorities impact the movement of LGBTQ asylees. By analyzing the application procedure and programs offered to a state’s incoming refugee population in conjunction with the antidiscrimination legislation and freedoms afforded to that state’s LGBTQ populations throughout 40 countries around the world, this paper finds that heightened asylum protocol rather than inclusive LGBTQ legal rights influences the resettlement of LGBTQ asylees.