Press
Release by the T-Refugee Project, Copenhagen, Denmark, Embargoed until;
First
transgender
person granted asylum in Denmark
In the
Autumn of last year Transgender woman Fernanda Milán from Guatemala was refused
asylum. But after protests from an asylum Initiative; the T-Refugee Project, and a number of individual campaigners, her
case was reexamined by the asylum board and she was granted indefinite leave to
remain in Denmark as an official refugee on the 26 November 2012, recognised
under the UN Refugee Convention.
The T-Refugee Project is delighted that
Fernanda Milán has
now been granted asylum, but is angry that she was forced to go through lengthy
and gruelling proceedings. Fernanda Milán was granted asylum on 26 November 2012, but did not want
to publicise the news until now.
Stine
Larsen, of the T-Refugee Project
says:
"We
are very relieved that our struggle, together with Fernanda, ended in her being
granted asylum. But it has been a soul-destroying asylum process with an
initial refusal which was then reversed just three days before her scheduled
deportation on 17 September 2012. Fernanda has needed time and space to recover
from this ordeal. That's why we are only publicising the good news now. "
Fernanda
Milán
added
"I
am very grateful to all the people who have helped me to fight, because in the
end I could not have done it on my own."
Even
before Fernanda was granted asylum, there were signs that the campaign by
asylum activists was going to succeed. Following a request from campaigner Søren Laursen the Refugee Board
sent a letter stating that the Board will from now on consider persecution on
the grounds of gender identity and sexuality relevant factors in any asylum
case.
Søren Laursen believes that this case casts doubt on earlier refusals
of asylum to trans people:
"Looking at the big picture, I am very pleased that there
was so much focus on this case. As transgender asylum seekers are a highly
overlooked group. There have only been a few trans cases before the Refugee
Board the last twenty years, and they were all rejected. From what we know of
them, I think there is reason to question those decisions. It is therefore very
satisfying that there is now a case that has received a thorough examination
and which has been successful. "
Fernanda at the forefront of the struggle.
With the
success of Fernanda's asylum case, it has been determined that new policies in
this area can permanently benefit transgender and LGB asylum seekers.
Stine
Larsen says:
"Fernanda
has been fighting from the front. She has been fighting for her own survival,
but she has also fought for transgender asylum seekers who will come after her.
We hope Fernanda's case means it will be easier for future transgender asylum
seekers. "
"Fernanda
was granted asylum according to the UN convention on refugees, because the
decision in this case emphasised that she was individually and specifically
persecuted on the basis of her gender identity.
"Fernanda
Milán's
own case afforded us a grim insight into Danish asylum policies. And she knows
that asylum seekers can not necessarily count on fair treatment.
"UNHCR
Refugee Convention status for other refugees is not necessarily guaranteed in
the future, because I have been granted asylum. The Refugee Board's new policy
was a step in the right direction, but I think it is important that activists
hold them to it in future asylum cases, " says Fernanda Milán.
A victory for Danish activism
As well
as being a victory for Fernanda's case and for transgender refugees, the
positive outcome is also a victory for activism in Denmark.
Stine
Larsen says:
"I
do not think the Refugee Board would have granted Fernanda asylum if neither Søren Laursen, eminent
researchers and other groups and individuals hadn't argued for asylum for
transgender and gay, lesbian and bisexual people who risk persecution in their
countries of origin. I think the change in the board's decision in Fernanda's
case was due to the hard work of many different activists have put into the
campaign for Fernanda. "
An international victory
The
Refugee Board's policy change is also a victory for cooperation between
activists across national borders. And it is a victory for international human
rights bodies and groups like ILGA Europe and the UNHCR.
The
T-Refugee Project believes that the other European countries that are lagging
behind UN recommendations on asylum for gender and sexual minorities, ie. The
UK and Ireland, should follow Denmark and change course, and extend their
asylum criteria to include gender identity and sexual orientation.
"Now
we hope that the door Fernanda has opened in Denmark will mean that the UK and
Ireland also realise that persecution on the grounds of gender identity and
sexuality are valid grounds for seeking asylum. We will keep closely watching
what happens in the two countries in the future, "said Stine Larsen.
Natacha
Kennedy, a campaigner for trans rights in the UK said "Fernanda's case
shows clearly that activism works. Trans activists in the UK are particularly
pleased with this result. Many trans people and trans allies supported Fernanda
with action in the UK. Now the UK government needs to clarify its position on
trans refugees."
Fernanda's future
Life is
difficult for asylum seekers in Denmark. And transgender asylum seekers are
some of the most marginalised. Fernanda once said that encountering Denmark was
the worst 'blind date' ever. Now she has been granted asylum and is going to
live her life in Denmark.
The T-Refugee Project is a group campaigning
for Denmark to comply with Refugee Convention recommendations on gender and
sexuality.
FOR more information
T-Refugee
Project: t.refugee @ gmail.com / www.tlounge.dk / trefugee
Facebook:
T-Refugee Project / Save Fernanda Milan
The
Refugee Board's response to Søren Laursen:
http://panbloggen.wordpress.com/2012/10/26/lgbt-flygtninge-nyt-statusvalg/
Demonstration
in Copenhagen: 'Asylum for Fernanda Milán' manifestation
Demonstration
in Madrid:
https://www.facebook.com/events/179424342182357/
UNHCR:
Refugee protection: A Guide to International Refugee Law p 43
UNHCR:
About the concerns of LGBT asylum seekers in the beneficiary states:
http://www.unhcr.org/505b27336.html
ILGA:
http://www.ilga-europe.org/home/guide/country_by_country/denmark/fernanda_milan
The UN
Human Rights Committee: About LGBT conditions in countries of origin:
http://www.ecoi.net/file_upload/1930_1340012793_ccpr-c-gtm-co-3-en.pdf
PRESS
PHOTOS
Press
photos can be purchased from the T-Refugee
Project photographer.
The T-Refugee PROJECT AND FERNANDA -THE BACKGROUND
Fernanda
Milán
fled Guatemala after including being attacked and threatened by the police. She
has for many years lived as a transgender person and worked for transgender
rights in Guatemala.
In
protest against the initial rejection of Fernanda's asylum application by the
Refugee Board, activists formed a support group called the T-Refugee Project. In September Stine Larsen, one of the activists
in the T-Refugee Project said that
the Fernanda Milan asylum case was full of errors:
"Fernanda
Milan's case does not take sufficient account of the fact that her work for
transgender rights means that she is in imminent danger of being individually
persecuted in Guatemala."
According
to information from the T-Refugee Project
there have previously been three transgender asylum-seekers in Denmark. They
were all refused asylum, like many
homosexuals.
FACTS:
REFUGEES THE COMMISSION CONSIDERS THAT GENDER IDENTITY MAY BE A CRITERION FOR
ASYLUM
UNHCR
(the UN refugee commission) recommends member states, and thus Denmark take
into account that gender identity can be a cause of persecution and thus
criteria for asylum. Until September 2012, Denmark did not adopt these
recommendations but the positive outcome of Fernanda's asylum case demonstrated
that gender identity and sexuality can now be recognised as an aspect of the
legal acknowledgement of this social group.
FACTS:
ABOUT TRANSGENDER PEOPLE
Being
transgender means to have a gender identity that does not match the body you
were born with. For example, Fernanda Milán identifies as a woman, but was born with a male body.
Being transgender is not a sexual orientation like hetero- or homosexuality.
Transgender people's sexual identity be both eg hetero- or homosexual.